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2.01 2.1 AGREEMENTS\Warren County—Accept Funds to Combat Glen Lake Invasive Species-2-12-18 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: , 2018 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 36 of 2018, the Warren County Board of Supervisors authorized Agreements with certain Towns regarding funding earmarked for combating aquatic invasive species in publicly accessible water bodies other than Lake George in Warren County for the year 2018 including $25,000 in funding to the Town of Queensbury toward combating such aquatic invasive species in Glen Lake, and WHEREAS, the Town Board wishes to enter into such an Intermunicipal Agreement and accept such funds, and WHEREAS, such proposed Intermunicipal Agreement is presented at this meeting, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the "Intermunicipal Agreement between Warren County and the Town of Queensbury for Combating Aquatic Invasive Species in Glen Lake a Publicly Accessible Water Body Within the Town of Queensbury," substantially in the form presented at this meeting regarding $25,000 in Warren County funding to the Town of Queensbury and authorizes and directs the Town Supervisor to execute such Agreement, and BE IT FURTHER, RESOLVED, that the Queensbury Town Board hereby authorizes and directs the Town's Accounting Office to take all action necessary to amend the 2018 Town Budget and increase revenue 051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk and/or Town Budget Officer take any further action necessary to effectuate the terms of this Resolution. Duly adopted 12th day of February, 2018, by the following vote: AYES NOES ABSENT : 2018 INTERMUNICIPAL AGREEMENT BETWEEN WARREN COUNTY AND TOWN OF QUEENSBURY FOR COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE A PUBLICLY ACCESSIBLE WATER BODY WITHIN THE TOWN OF QUEENSBURY THIS INTERMUNICIPAL AGREEMENT made by and between the COUNTY OF WARREN,a municipal corporation and political subdivision established under the laws ofthe State of New York, having its principal offices and place of business located at the Warren County Municipal Center, with a mailing address of 1340 State Route 9,Lake George,New York 12845, ("County"), and the TOWN OF QUEENSBURY,a municipal corporation and political subdivision established under the Laws of the State of New York,having its principal offices and place of business located at the 742 Bay Road, Queensbury,New York 12804, (the"Town"). RECITALS WHEREAS, the 2018 Warren County Budget has allocated One Hundred Fifty Thousand Dollars($150,000)of earmarked funding to be disbursed to lakes within Warren County other than Lake George for the purpose of combating aquatic invasive species during the calendar year 2018, and WHEREAS, Warren County Board of Supervisors Resolution No. 36 of 2018 allocated Twenty-Five Thousand Dollars ($25,000)to the Town to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town during calendar year 2018, and WHEREAS, the Town has agreed to accept the sum of Twenty-Five Thousand Dollars ($25,000) to the Town to be applied solely to combat aquatic invasive species in Glen Lake a publicly accessible water body located within the Town during calendar year 2018, NOW, THEREFORE,the parties hereto agree as follows: Z:\Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-2018.wpd\jms\874-A-028 1 linty et rl___ 1 _r 1. FUNDING Within thirty(30)days following execution of this Intermunicipal Agreement or at such other time as requested by the Town, the County shall pay to the Town a sum not to exceed Twenty-Five Thousand Dollars ($25,000) to be applied solely to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town during calendar year 2018. 2. REPORTING During the first quarter of 2019,,and upon request by the County, the Town shall make a presentation to the Warren County Environmental Concerns and Real Property Tax Services Committee concerning the utilization ofthe foregoing funds allocated to the Town to combat aquatic invasive species in Glen Lake a publicly accessible water body within the Town. 3. INSURANCE a. The Town shall carry General Liability coverage in the amounts of at least $1,000,000 per occurrence and $2,000,000 aggregate with respect to the Town and any of its employees or agents. The Town shall name the County as an additional insured on a primary,non- contributory basis to the Town's General Liability policy. All coverage must be issued by an insurance company admitted to do business in New York State and maintaining an A.M.Best rating of A- or better. . b. Town acknowledges that failure to obtain such insurance on behalf of Warren County, its boards, officers and employees constitutes a material breach of contract and subjects it to liability for damages,indemnification and all other legal remedies available to the municipality. The Town is to provide Warren County with a Certificate of Insurance, evidencing that the above requirements have been met, upon request and not later than prior to the commencement of work or use of the facilities. The failure of Warren County to object to the contents of the Certificate or the absence of the same shall not be deemed a waiver of any and all rights held by Warren County. Z:\Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-2018.wpd\jms\874-A-028 1/18/18 PaaP 7 of In addition to the foregoing, Warren County may, at any time, request a copy of the policies of insurance providing the coverage required herein, and the contractor shall, within ten (10) days furnish copies of said policies. 4. INDEMNIFICATION . To the fullest extent permitted by law,the Town shall indemnify,hold harmless and defend the County,its boards,officers,employees and volunteers against any and all losses,claims, actions,demands, damages,liabilities,or expenses,including but not limited to attorney's fees and all other costs of defense,by reason of the liability imposed by law or otherwise upon the County, its boards, officers, employees and volunteers for damages because of bodily injuries, including death, at any time resulting therefrom, sustained by any person or persons, including the Town's employees, or on account of damages to property including loss of use thereof, arising directly or indirectly from the performance of the Town's work or from any of the acts or omissions on the part of the Town, its employees,agents,representatives,materialmen,suppliers,and/or subcontractors. If such indemnity is made void or otherwise impaired by any law controlling the construction thereof, such indemnity shall be deemed to conform to the indemnity permitted by law, so as to require indemnification,in whole or in part,to the fullest extent permitted by law. The County and the Town shall notify each other in writing within thirty(30) days of any such claims or demands and shall cooperate in the defense of any such actions. 5. MISCELLANEOUS PROVISIONS a. Return of Surplus Funds. At the end of the calendar year 2017 should any funds allocated by the County be remaining on deposit with the Town,said remaining amounts shall be returned to the Warren County Treasurer. In no event shall the Town retain any surplus funds. b. This Intermunicipal Agreement constitutes the entire agreement between the County and the Town, except for agreements amending and/or modifying the same issued after Z:\Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-2018.wpd\jms\874-A-028 1/18/18 Page 3 of h • execution of this Intermunicipal Agreement. c. To the extent applicable to this Intermunicipal Agreement, the Town shall abide by all Labor Department wage requirements,shall comply with any required equal opportunity requirements of grants or state or federal law and with Article 15 of the Executive Law of the State of New York(also known as the Human Rights•Law) and all other federal and state statutory and constitutional non-discrimination provisions. d. To the extent applicable to this Intermunicipal Agreement, the Town shall abide by all Federal and New York State Labor laws and regulations. Specifically,and to the extent applicable,the Town shall comply with the requirements of Article 8(Sections 220-223)of the New York State Labor Law, which specifies the payment of prevailing wage rates for certain laborers, workmen,mechanics,serving laborers,helpers,assistants and apprentices on public work projects, as more specifically set forth therein. If compliance with Article 8 of the Labor Law is required by statute, a copy of the prevailing wage rate schedule furnished by the New York State Department of Labor is attached hereto. Please note,however,that if a requirement shall exist to pay prevailing wage rates and the schedule is not annexed hereto,the requirement to pay the same exists regardless of whether prevailing Department wage schedules are attached hereto. If such schedules are not attached,the County will assist in securing copies of the same,upon request. e. There shall be no assignment of this Intermunicipal Agreement without the written consent of the County. f. The Town shall not be considered an agent of the County and shall not have any authority with respect to any matter or in any matter to be obligated or commit the County by contract or otherwise. g. The parties may execute two (2) or more copies of this Intermunicipal Agreement, each of which when fully executed, shall be deemed to constitute or be the original Z:\Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-20 I 8.wpd\jms\874-A-028 1/19/12 Dar d of agreement for all purposes. h. In the event that any provision of this Intermunicipal Agreement shall be determined by a Court of Law to be illegal and/or unenforceable,the agreement, to the extent the Courts have determined practical shall continue in full force and effect between the parties as if the said illegal or unenforceable provision were not contained a part thereof. i. The Town agrees to retain all records related to this Intermunicipal Agreement for a period of six(6)years and agrees to allow the County,through the appropriate County officials and legally allowed to review and or audit such records. In the event that a review or audit is requested,the records shall be made available at the Town's place of business or, at the request of the County, at the Warren County Municipal Center with the understanding that copies of such records may be made by the designated County officials. Records shall be made available upon ten (10) days written notice or within ten (10) days of the delivering of written notice by the County. j. This Intermunicipal Agreement shall be deemed executory only to the extent of moneys available to the County for the performance of the terms hereof and no liability on account thereof shall be incurred by the County beyond moneys available to or appropriated by the County for the purpose of the Intermunicipal Agreement and,if applicable,that this Intermunicipal Agreement shall automatically terminate upon the termination of State or Federal funding available for such contract purpose. 6. TERM. This Intermunicipal Agreement shall take effect immediately upon execution by both parties and terminate on December 31, 2018. Either party may terminate this Intermunicipal Agreement with or without cause at any time by providing not less than thirty (30) days written notice of termination. Z:\Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-2018.wpd\jms\874-A-028 1/18/18 Page 5 of 6 IN WITNESS WHEREOF,this agreement has been executed by the duly authorized officers of the respective parties. • / Approved as to Form: _e -• r i -11/ / 4 arre ounty AC torney RON iii r i eJ Y ', CHAIRMAN 7--g3 :oard o Supervisors Date: • �Q Approved as to Form: TOWN OF UE R By: 7 L Town of Queensbury Attorney JOHI F. STROUGH, SUPERVISOR Date: • 7 4— • • Z:1Shared\2018 Docs\Board of Supervisors\Agreements\IMA Queensbury-2018.wpd\jms\874-A-028 1/18/18 Page 6 of 6 6. ACOR,�® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDrYYYY) 6/20/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Mary Lou Weil, ACSR Marshall & Sterling Upstate, Inc. ( cNr PHONE.Exit: (518)587-1342 (ac,Hol:(sle)507-1348 125 High Rock Ave., Suite 206 ADDRESS:mweil@marshallsterling.com INSURER(S)AFFORDING COVERAGE NAIC 8 Saratoga Springs NY 12866 INSURER A:Argonaut Insurance Co. 19801 INSURED INSURER B: Town of Queensbury INSURER C: 742 Bay Road INSURER D: INSURER E: Queensbury NY 12804 INSURERF: _ COVERAGES CERTIFICATE NUMBER:CL1762036596 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP INSD WVD POLICY NUMBER (MLIMITS MIDD(YYYY) (MM/DDIYY Y) X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE S A CLAIMS-MADE n OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) S 100,000 X PE-4624684-06 7/1/2017 7/1/2018 MED EXP(Any one person) S EXCLUDED PERSONAL&ADV INJURY s 1,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 1 POLICY PRO- 3,000,000LOC _ JECT PRODUCTS S OTHER: Employee Benefits LIab S included AUTOMOBILE LIABILITY (Ea a8INED SINGLE LIMIT S 1,000,000 A X ANY AUTO BODILY INJURY(Per person) S ALL OWNEDSCHEDULED AUTOSAUTOS BA-4624684-06 7/1/2017 7/1/2018 BODILY INJURY(Per accident) S _ — HIRED AUTOS NON-OWNED PROPERTY DAMAGE S AUTOS (Per accident) ' Underinsured motorist S 1,000,000 X UMBRELLA LIAB XOCCUR EACH OCCURRENCE S 10,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE S 10,000,000 DED RETENTIONS X CMB-4624684-06 7/1/2017 7/1/2018 S WORKERS COMPENSATION EER OTH- AND EMPLOYERS'LIABILITY Y!N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? N I A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes.describe under DESCRIPTION OF OPERATIONS below • E.L.DISEASE-POLICY UNIT S • DESCRIPTION OF OPERATIONS!LOCATIONS!VEHICLES(ACORD 105,Additional Remarks Schedule,may bo attached If more space Is required) Warren County is listed as an additional insured on a primary, non-contributory basis when requires by a written contract or agreement. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Warren County THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. c/o Warren County Attorney's Office 1340 State Route 9 Lake George, NY 12845 AUTHORIZED REPRESENTATIVE Jeanne Maloy/MWEIL w`- � ©1988-2014 ACORD CORPORATION.Ali rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD IAIen9G,,,,..,... i icalitt4 Ind of ilferki5E5 RESOLUTION No. 36 OF 2018 RESOLUTION INTRODUCED BY SUPERVISORS SOKOL,SIMPSON,MERLINO,DICKINSON,STROUGH, BEATY,FRASIER,MCDEVITT,GERAGHTY,BRAYMER AND HYDE ALLOCATING FUNDING EARMARKED FOR COMBATING AQUATIC INVASIVE SPECIES IN PUBLICLY ACCESSIBLE WATER BODIES IN WARREN COUNTY OTHER THAN LAKE GEORGE AND AUTHORIZING INTERMUNICIPAL AGREEMENTS FOR THE YEAR 2018 WHEREAS,the Warren County Budget(as outlined in Resolution No.457 of 2017)allocated a total of Two Hundred and Fifty Thousand Dollars ($250,000) for the purpose of combating aquatic invasive species in 2018 with One Hundred Fifty Thousand Dollars ($150,000) of this total being earmarked for distribution to towns having lakes located within Warren County other than Lake George,now,therefore, be it RESOLVED, that the Warren County Board of Supervisors allocates funding to each of the following Towns to combat aquatic invasive species in publicly accessible water bodies within the respective Towns for 2018, in the amounts specified below, with $125,000 to be paid from Budget Code A.6417 470, Tourism Occupancy, Contract, and the remaining $25,000 to be paid from Budget Code A.1010.470 Legislative Board, Contract: Town of Chester-$41,666.67 Town of Horicon-$41,666.67, Town of Lake Luzerne-$41,666.66 and Town of Queensbury- $25,000 for Glen Lake, and be it further. RESOLVED,that the Chairman of the Board of Supervisors is authorized to enter into agreements with each of the foregoing Towns in a form approved by the County Attorney. JANUARY 19,2018 BOARD MEETING