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AGREEMENTS\Intermunicipal Agreement—Eludson Falls—Shared Water Supply Services and Personnel—8-17-2020
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND VILLAGE OF HUDSON
FALLS FOR SHARED WATER SUPPLY SERVICES, MACHINERY,
EQUIPMENT, SUPPLIES AND SUPPORT PERSONNEL
RESOLUTION NO.: ,2020
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, all municipalities have authority to contract with other municipalities for the
purpose of renting, leasing, exchanging or borrowing machinery and equipment and to borrow or
lend materials and supplies to other municipalities, and
WHEREAS, the Town of Queensbury (Town ) and the Village of Hudson Falls (Village)
each have water supply machinery and equipment which is idle at certain times and often have
materials and supplies on hand which are not immediately needed, and
WHEREAS, by the renting, borrowing or exchanging of machinery, equipment and
supplies, the Town and the Village may avoid purchasing certain needed water supply machinery
and equipment or keeping a large inventory of extra materials and supplies, thereby saving their
respective taxpayers' money, and
WHEREAS, the Town and the Village negotiated terms for an Intermunicipal Agreement
for shared water supply services, machinery, equipment, supplies and support personnel and by
Resolution No.: 214,2011, the Town Board, on behalf of the Queensbury Consolidated Water
District, approved of an Intermunicipal Agreement for Shared Water Supply Services, Machinery,
Equipment, Supplies and Support Personnel with the Village for a five(5)year term, and
WHEREAS, the Town Water Superintendent has recommended that the Town enter into
such an Intermunicipal Agreement for a new five (5)year term, and
WHEREAS, the Town Board believes that such Agreement would be in the best interests of
the Town, its residents, and its Consolidated Water District, and
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board, on behalf of the Queensbury Consolidated
Water District, hereby approves of and authorizes an Intermunicipal Agreement for Shared Water
Supply Services, Machinery, Equipment, Supplies and Support Personnel with the Village of
Hudson Falls as delineated in the preambles of this Resolution for a five (5)year term, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to
execute such Intermunicipal Agreement substantially in the form presented at this meeting and
authorizes and directs the Town Supervisor, Town Water Superintendent and/or Town Budget
Officer to take such other and further actions necessary to effectuate the terms of this Resolution.
Duly adopted this 17`h day of August, 2020, by the following vote:
AYES
NOES
ABSENT:
AGREEMENTSMATEMHUDSON FALLS WATER—Shared Services and Equipment—August 17 2020
INTERMUNICIPAL AGREEMENT FOR
SHARED WATER SUPPLY SERVICES, MACHINERY, EQUIPMENT,
SUPPLIES AND SUPPORT PERSONNEL
THIS AGREEMENT, made as of the day of 2020
("Agreement"), by and between the TOWN OF QUEENSBURY, a municipal corporation
organized under and pursuant to the laws of the State of New York with offices at 742
Bay Road, Queensbury, New York (the "Town") and the VILLAGE OF HUDSON
FALLS, a municipal corporation organized under and pursuant to the laws of the State
of New York with offices at 220 Main Street, Hudson Falls, New York (the "Village"),
WITNESSETH:
WHEREAS, all municipalities, including the Town and the Village, have the
power and authority to contract with other municipalities for the purpose of renting,
leasing, exchanging or borrowing machinery and equipment, with or without operators,
and to borrow or lend materials and supplies to other municipalities; and
WHEREAS, the Town and the Village each have machinery and equipment
which is not used at all times but is idle during certain periods, and often have materials
and supplies on hand which are not immediately needed; and
WHEREAS, by the renting, borrowing, exchanging or leasing of water supply
machinery and equipment and the borrowing or lending of materials and supplies, the
Town and the Village may avoid the necessity of purchasing certain needed water
supply machinery and equipment and the purchasing of or keeping a large inventory of
certain extra materials and supplies, thereby saving the taxpayers money; and
WHEREAS, such agreements must often be made on short notice and at times
when governing boards are not in sessions; and
WHEREAS, it is the intent of the Town -and the Village to give an appropriate
municipal representative the authority to enter into renting, exchanging, borrowing and
lending agreements, including the use of personnel, without the necessity of obtaining
approval of the governing board prior to the making of each individual agreement;
NOW, THEREFORE, the parties mutually agree as follows:
1. For the purposes of this Agreement the following terms shall be defined as
follows:
a. "Board" shall mean, in the case of the Town, the Town Board and, in the
case of the Village, the Village Board of Trustees.
b. "Borrowing Municipality" shall mean the Municipality which is renting,
borrowing or receiving an item of Shared Services from, or exchanging it with, the
Lending Municipality
C. "Lending Municipality" shall mean the Municipality which owns the item of
Shared Services and is renting or lending it to, or exchanging it with, the Borrowing
Municipality.
d. "Memorandum" shall mean the memorandum prepared by the
Superintendent of the Lending Municipality setting forth the terms of providing Shared
Services.
e. "Municipality" shall mean the Town or the Village.
f. "Shared Services" shall mean any service provided by one Municipality for
the other Municipality that is consistent with the purposes and intent of this Agreement
and shall include but shall not be limited to:
(i) the renting, exchanging or lending of water supply machinery, tools
and equipment, with or without operators;
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(ii) the borrowing or lending of supplies between the Municipalities on
a temporary basis conditioned upon the replacement of such supplies or
conditioned upon the obtaining or equal value through the provision of a
service by the borrower or by the lending of equipment by the borrower,
the value of which is equal to the borrowed supplies;
(iii) The providing of a specific service by appropriate municipal
personnel whether under emergency conditions or otherwise, to the other
Municipality conditioned upon such Municipality being willing to provide or
providing a similar service, or a service of equal value, in exchange, and
subject to the terms and conditions herein.
g. "Superintendent" shall mean, in the case of the Town, the Town Water
Superintendent and, in the case of the Village, the Superintendent of Public Works.
2. Each of the undersigned Municipalities has caused this Agreement to be
executed and to bind itself to the terms of this Agreement and will consider this
Agreement to be applicable to the other Municipality.
3. Each of the undersigned Municipalities by this Agreement grants unto their
respective Superintendent the authority to enter into any agreement for Shared Services
with the other Municipality subject to the following terms and conditions:
a. Each Municipality agrees to rent or exchange or borrow from the other
Municipality any and all materials, machinery and equipment, with or without operators,
which it may need for the purposes of the Municipality. The determination as to whether
such machinery, with or without operators, is needed by the Municipality shall be made
by the Superintendent of the Borrowing Municipality. The value of materials or supplies
borrowed from the other Municipality under this Agreement may be returned in the form
of similar types and amounts of materials or supplies, or by the supply of equipment or
the giving of services of equal value, to be determined by mutual agreement of the
respective Superintendents.
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b. Each Municipality agrees to rent, exchange or lend to the other
Municipality any and all materials, machinery and equipment, with or without operators,
which such Municipality may need for its purposes. The determination as to whether
such machinery or material is available for renting, exchanging or lending shall be made
by the Superintendent of the Lending Municipality. In the event the Superintendent
determines that it will be in the interest of the Municipality to lend to the other
Municipality, the Superintendent is hereby authorized to lend to the other Municipality.
The value of supplies or materials loaned to the other Municipality may be returned to
the Lending Municipality by the Borrowing Municipality in the form of similar types and
amounts of materials or supplies, or by the use of equipment or receipt of services of
equal value, to be determined by mutual agreement of the respective Superintendents.
C. An operator of equipment rented or loaned to the other Municipality, when
operating such equipment for the Borrowing Municipality, shall be subject to the
direction and control of the Superintendent of the Borrowing Municipality in relation to
the manner in which the work is to be completed. However, the method by which the
machine is to be operated shall be determined by the operator.
d. When receiving the services of an operator with a machine or equipment,
the Superintendent of the Borrowing Municipality shall make no request of any operator
which would be inconsistent with any labor agreement that exists for the benefit of the
operator in the Municipality by which the operator is employed.
e. Each Municipality shall remain fully responsible for its own employees,
including salary, benefits and workers compensation.
f. No employee of the Borrowing Municipality may operate any material,
machinery or equipment of the lending Municipality without first having delivered to the
Superintendent of the Lending Municipality a copy of the employee's valid driver's or
operator's license.
4. Approval of the renting, borrowing or leasing of any particular piece of machinery
or equipment, or the exchanging or borrowing of materials or supplies, or the providing
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of a specific service shall be evidenced by the signing of a Memorandum by the
Superintendent of the Lending Municipality identifying the type and estimated value of
the Shared Service. Such Memorandum may be delivered to the Superintendent of the
Borrowing Municipality via mail, personal delivery or by facsimile machine. In the event
there is no written acceptance of the Memorandum, the using of the machinery, the
receipt of the materials or supplies or the acceptance of a service shall be evidence of
the acceptance of the terms of the offer to rent, exchange or lend.
5. In the event any agreement for Shared Services is made without a Memorandum
at the time of receipt of the Shared Service, the Superintendent of the Borrowing
Municipality shall, within five (5) days thereof, send to the Superintendent of the Lending
Municipality a Memorandum identifying the type, estimated value and time and date of
acceptance of the Shared Service. In the event such Shared Service related to or
included the receipt of any materials or supplies, such Memorandum shall include a list
of such materials or supplies and the time and place of delivery.
6. In the event a Municipality wishes to rent machinery or equipment from the other
Municipality or in the event a Municipality wishes to determine the value of such renting
for purposes of exchanging shared services of a comparable value, it is agreed that the
value of the shared service shall be as set forth in the Memorandum.
7. All machinery and the operator, for purposes of workers compensation, liability
and any other relationship with third parties, except as provided in paragraph a of
section 3 of this Agreement, shall be considered the machinery of and the employee of
the Municipality owning the machinery and equipment.
8. In the event machinery or equipment being operated by an employee of the
Lending Municipality is damaged or otherwise in need of repair while working for the
Borrowing Municipality, the Municipality owning the machinery or equipment shall be
responsible to make or pay for such repairs. In the event machinery or equipment is
operated by an employee of the Borrowing Municipality while working for the Borrowing
Municipality, such Municipality shall be responsible for such repairs.
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9. Records shall be maintained by each Municipality setting forth all machinery
rentals, exchanges, borrowing or other shared services. Such records will be available
for inspection by the other Municipality.
10. In the event any dispute arises relating to any Shared Service, and in the event
such dispute cannot be resolved between the Municipalities, such dispute shall be
subject to mediation.
11. Either party to this Agreement may revoke such Agreement by sending a notice
of such revocation to the designated filing agent and a copy thereof to the other
Municipality. Upon the revocation of such Agreement, any outstanding obligations shall
be settled within thirty (30) days of such revocation unless the party to which an
obligation is due agrees in writing to extend such date of settlement.
12. Any action taken by the Superintendent pursuant to the provisions of this
Agreement shall be consistent with the duties of such official, and expenditures incurred
shall not exceed the amounts set forth in the budget of the respective Municipality for
water supply purposes.
13. A record of all transactions that have taken place as a result of the Municipality
participating in the services afforded by this Agreement shall be kept by the
Superintendent and a statement thereof, in a manner satisfactory to the Board, shall be
submitted to the Board, semiannually on or before the first day of June and on or before
the first day of December of each year following the date of this Agreement, unless the
Board requests the submission of records at different times and dates.
14. Each Municipality shall name the other Municipality as an additional insured
under the Municipality's general liability insurance policy or policies. This Agreement
shall not be effective until this provision is complied with.
15. If any provision of this Agreement is deemed to be invalid or inoperative for any
reason, that part shall be deemed modified to the extent necessary to make it valid and
operative or, if it cannot be so modified, then severed and the remainder of the
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a
Agreement shall continue in full force and effect as if the Agreement had been signed
with the invalid portion so modified or eliminated.
16. This Agreement shall be reviewed each year by the Board and shall expire five
(5) years from the date of its signing by the chief executive officer. The Board may
extend or renew this Agreement at the termination thereof for another five (5) year
period.
IN WITNESS WHEREOF, the said Town of Queensbury and Village of Hudson
Falls have caused this Agreement to be executed by their respective Chief Executive
Officer as of the date first written above.
TOWN OF QUEENSBURY
By:
John F. Strough, 111, Supervisor
VILLAGE OF HUDSON FALLS
By:
John Barton, Mayor
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