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4.11 4.11 AGREEMENTS\WARREN COUNTY—Solid Waste Recycling and Hauling Services for 2023—1-23-2023 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN THE COUNTY OF WARREN AND THE TOWN OF QUEENSBURY RELATING TO SOLID WASTE AND RECYCLING DISPOSAL AND HAULING SERVICES (WC 50-22) RESOLUTION NO.: ,2023 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, as a result of a competitive bidding process completed by Warren County (County) and for the benefit of local municipalities including the Town of Queensbury (Town), the County has arranged for Disposal and Hauling Services for Municipal Solid Waste and Recyclables (WC 50-22) to be available to the Town through Waste Management of New York, LLC, and WHEREAS, the Town Board wishes to utilize the County's contractual arrangements for each of the Town's two transfer stations with the services to be provided and the prices for such services identified upon the terms and conditions as set forth in the County's Agreement for such services, and WHEREAS, the County has presented the Town Board with a proposed Intermunicipal Agreement which sets forth the terms and conditions upon which the Town will participate and pay for such services with the term of the Intermunicipal Agreement to be from January 1, 2023 through December 31, 2023, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the Intermunicipal Agreement between the County of Warren and the Town of Queensbury Relating to Solid Waste and Recycling Disposal and Hauling Services (WC 50-22) with the services for each of the Town's two transfer stations to be provided on the terms and conditions set forth in the County's Intermunicipal Agreement, with such services to be provided by Waste Management of New York, LLC, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to execute the Intermunicipal Agreement in substantially the form presented at this meeting as well as any other needed documentation, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor, Town Clerk, Transfer Station Supervisor and/or Town Counsel to take any further action necessary to effectuate the terms of this Resolution. Duly adopted this 23rd day of January, 2023, by the following vote: AYES NOES ABSENT: INTERMUNICIPAL AGREEMENT BETWEEN THE COUNTY OF WARREN AND THE TOWN OF QUEENSBURY RELATING TO SOLID WASTE AND RECYCLING DISPOSAL AND HAULING SERVICES (WC 50-22) THIS 1NTERMUNICIPAL AGREEMENT (hereinafter referred to as the "Interrnunicipal Agreement"), made by and between the County of Warren, a municipal corporation and political subdivision established under the taws of the State of New York, having its offices and place of business at the Warren County Municipal Center, 1340 State Route 9, Lake George, New York 12845 (the "County"), and The TOWN OF QUEENSBURY, a municipal corporation and political subdivision established under the laws of the State of New York, having its offices and principal place of business at 742 Bay Road, Queensbury, New York 12804 (the "Town"), and WHEREAS, the County, for itself, and as lead agent for municipalities in Warren County has arranged for: 1 ) solid waste and recycling disposal and hauling services (WC 50-22), and WHEREAS, the County has entered into an agreement with Waste Management of New York, LLC (hereinafter collectively referred to as "Waste Management") to provide solid waste and recycling disposal and hauling. services (hereinafter referred to as "Disposal Agreement"), attached hereto and incorporated herein, and WHEREAS, the Disposal Agreement commences on January 1 , 2023 and terminates on December 31 , 2023, and WHEREAS, the Town desires to utilize the services of Waste Management, pursuant to the terms and conditions of the Disposal Agreement, and WHEREAS, the County and the Town desire to enter into this Interrnunicipal Agreement for the pw ~pose of memorializing the terms and conditions of their Agreement, and NOW, THEREFORE, in consideration of the above and the covenants, conditions and terms herein the County and the Town agree as follows: I . The Town agrees to utilize the Disposal Contractor for the services and prices identified in Schedule "A." Disposal and hauling of solid waste and recycling for the Disposal Contractor is governed by the Disposal Agreement attached hereto in Schedule "B." Materials may be deposited at a Town transfer station or Town owned facility. 2. The Town shall be solely entitled to and shall directly receive from the Disposal Contractor any and all recycling rebates due and owing under the Disposal Agreement, whether such rebates are provided in the form of a reimbursement or a credit for the amounts due thereunder. 3_ The Town makes no ,guarantee as to the minimum or maximum amount of the Town's ZA1Sbared12023 DacslSolid WastelAgrecirientslQtzccexsbtir5- 23.wpolar[N91 -925-A-083c 10/20/22 1 solid. waste or recyclables, which will require disposal and hauling under the Disposal Agreement. 4. Notwithstanding the foregoing, the Town shall not be responsible for any terns and conditions of the Disposal Agreement which relate to the disposal and hauling of solid waste or recyclables that are not within the Town's control, or otherwise identified in Schedule "A." PAYMENT FOR SERVICES: l . The County shall incur no obligation or responsibility for payment for any services provided to the Town by the Disposal Contractor under the Disposal Agreement. 2. The Town shall be directly responsible to the Disposal Contractor for payment of services rendered by such contractor to the Town under the Disposal Agreement. 3 . If the Town fails to pay the Disposal Contractor for the services used by the Town and if the County pays the Disposal Contractor for the services used by the Town, then the Town shall reimburse the County for those charges and any collection costs, attorney's fees, and court costs associated with the County seeking reimbursement from the Town. TERM: 1 . The tern of this Intermunicipal Agreement shall run concurrently with the respective terms of the Disposal Agreement. Therefore, this Intermunicipal Agreement shall commence January 1 , 2023 and shall terminate December 31 , 2023 . Pursuant to the express provisions of the Disposal Agreement. 2. In the event the Disposal Agreement is terminated under the terms of the Disposal Agreement prior to the termination date of the Disposal Agreement, the County will provide no less than thirty (30) days prior written notice to the Town of the termination of a particular Disposal Agreement. In such event neither the Town nor the County shal I have any obligation hereunder with respect to a Disposal Agreement once terminated. GENERAL TERMS: I . In the event ofa failure ofthe Disposal Contractor to meet their respective obligations under the Disposal Agreement, it shall remain the responsibility of the Town for appropriate disposal and hauling of any solid waste and recyclables under its control. 2. The Town shall defend, hold harmless, and indemnify the County against all actions, claims, demands, liabilities, and/or damages including liabilities and damages for pollution caused by hazardous and non-hazardous solid waste and recyclables which may in any manner be imposed on or incurred by the County as a consequence or arising out of any act, default, or omission on the part of the Town, its officials, employees, agents, servants, and/or assigns in connection with the disposal and hauling and disposition of solid waste and recyclables under the Disposal Agreement. 3 . The County shall defend, hold harmless, and indemnify the Town against all actions, claims, demands, liabilities, and/or damages including liabilities and damages for pollution caused Z:1[ Shared12023 DacslSolid WeISLC\ grecnients\Queetisbur}o ?3.wp&ari191 -92S-A-Q83e [0/20/22 2 by hazardous and non-hazardous solid waste and recyclables which may in any manner be imposed on or incurred by the Town as a consequence or arising out of any act, default, or omission on the part of the County, its officials, employees, agents, servants, and/or assigns in connection with the Disposal Agreement. 4. Any type of discrimination and harassment is against Warren County policy and is unlawful. The Town acknowledges and agrees that they have read the entirety of the Warren County Policy Against Discrimination and Harassment. The Policy applies to all personnel in a contractual or other business relationship with the County. This Intermunicipal Agreement incorporates the entire Policy as a material term of this Intermunicipal Agreement. The Town shall follow the Policy in its entirety. If a complaint does arise, the Town is to notify Warren County promptly. To the fullest extent permitted by law, the Town shall indemnify, hold harmless and defend Warren County, its Board, 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 to defend, resulting from the Town and/or agent's breach of this Policy. 5. The Town shall cant' General Liability coverage in the amounts of at least $ 1 ,000,000 per occurrence and $2,000,000 aggregate and Automobile Liability of at least $ I ,000,000 with respect to the Town and any of its employees or agents. The Town shall name the County, its Board, officers and employees as an additional insured on a primary, non-contributory basis to the Provider's General Liability policy. The Town is also required to carry Workers' Compensation and Disability Insurance. All coverage must be issued by an insurance company authorized to do business in New York State and maintaining an A.M. Best rating of A- or better. 6. The Town shall name the County as an additional insured under any policies of insurance that the Town may have in effect which provide for coverage of the liability assumed hereunder. The Town shall provide evidence of such insurance to the County Attorney's office. The failure of the Town to provide such Certificate of Insurance shall not be deemed a waiver by the County of the Town's obligation to provide same insurance coverage. In addition and in the event of any defect in any Certificate of Insurance, regardless of when such defect may be discovered, the acceptance by the County of any such Certificate of Insurance shall not be deemed a satisfaction of the requirement that the Town provide insurance coverage as noted anywhere in this Intermunicipal Agreement. 7. This Intermunicipal Agreement may not be assigned, in whole or in part, by the Town without prior approval by the County in writing and signed by a duly authorized representative of the County. Consent shall not limit the County's right to enforce this provision on assigned panties. S . In the event that it is necessary for either party to transmit to either party written notice or communications that are anticipated in accordance with the terms and provisions of this Intermunicipal Agreement, the same shall be considered delivered upon personal delivery and/or the same by ordinary mail to the following persons and/or addresses: ZAIShamd12023 Does\Solid 11%'asti:\Agreements\Queea:sbui3e 23.44'pdi art191-92 083c 10/20/22 3 Warren County Department of Public Works Town of Queensbury ATTN: Kevin Hajos 742 Bay Road 1340 State Route 9 Queensbury, New York 12804 Lake George, NY 12845 Delivery by mail shall be considered accomplished or complete when the notice or communication is appropriately enclosed in an envelope or similar wrapping with postage attached and deposited in a receptacle maintained or owned by the United States Postal Service for the deposit or acceptance of mail. 9. The captions in this Intermunicipal Agreement shall be for reference purposes only and shall not be deemed to interpret or characterize the Intermunicipal Agreement in any manner. 10. 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 Intermunicipal 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. 1 1 _ This Intermunicipal Agreement contains the entire agreement between the parties with respect to the subject matter hereof, and supersedes all prior Intermunicipal Agreements and understandings, if any. This Intermunicipat Agreement cannot be changed or modified except by mutual written agreement. 12 . Any dispute under this Intermunicipal Agreement or related to this Intermunicipal Agreement shall be decided in accordance with the laws of the State of New Mork and brought exclusively before the United States District Court for the Northern District of New York or the appropriate State Court located within the County of Warren. 13. In the event that any schedule or attachment to this Intermunicipal Agreement shall conflict with the various numbered clauses or provisions of this Intermunicipal Agreement, such clauses or provisions shall be controlling, as to the intended agreement of the parties. 14. 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 those 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 offices 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. 15. This Intermunicipal Agreement may be executed and delivered in any number of counterparts, each of which so executed and delivered shall be deemed to be an original and all of which shall constitute one and the same instrument. Documents executed, scanned and transmitted electronically and electronic signatures shall be deemed original signatures for the purposes of this Intermunicipal Agreement and all matters related thereto. with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. ZAISharcd12o23 Docsl5oIid Waste\Agreements\Queensbury 23.v6rVdlarl191 -923-A-0£13c 10/20/22 4 IN W17NES THERFOr this interrTILITliCi }gal Agreement has been executed by the duly authorized () [I 1, cer o I- the respective parties. Approved as to��'Form : COUNTY 014 WARREN Assistant County Afzorncy KEVIN B. G F RAGHTY. C 14A TRMAN Board ol' Supervisors Date : c--3 7 � Date: la � z Z q. TOWN OF QUEENSBURY By: ,TC?F-iN STROUGI-I, SUPERVISOR Gate: %.:11Sh�rerrll?f7?3 fjtrc�:1!ir`IiCE �V,ititclh��rtc�ncnlslC)ri��n�:irti�l� ?,'+.xrel'.: rlihl !7?5-l1-pR3e: f n/,n.2, 5 CERTIFICATE OF LIABILITY INSURANCE DATE {N"moY'/YY} �.--- Der2912022 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 It the certificate holder is an ADDITIONAL INSURED, the poiicyfies) most have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require art endorsement. A slateme nt on this certificate does not confer rights to the certificate holder In lieu of such endorsementfs). PRODUCER CONTACT NAME: Mary Lou Well. ACSR roarsnan s. sterling Upstale, Inc PHONN E:I (518) 587.1342 ate, wo ; {51 Sl 587-1348 125 Nigh Rpck Ave., Suite 205 ADCREESS: mwelVmarshallsterling.corn INSURERISIAFFOROING COVERAGE NAIC k Saealoga Springs NY $2866 INSURER A ; 9 Ar onaut Insurance Co, 19801 NSUREO INSURER B ; Town of OUeensbury INSURER C : 742 Bay Road INSURER 0 INSURER E : Oueensbury NY 1280a INSURER F : COVERAGES CERTIFICATE NUMBER- CL2262922454 REVISION NUMBER: THIS IS TO CERTrFY THAT THE POLICIES OF INSURANCE LISTED 9ELOW HAVE BEEN ISSUED TO T1iE IN5URED NAMED ABOVE FOR THE POL IGY PERIOD INDICATED. NOTWfTHSTANDrNG ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH T1-4S CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS Or SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- 1N LTR TYPE OF INSURANCE Imse L'NO pOLICYNUMBER AI MIOpf'yYY'Y) IMMMofrYYYJ LIMITS X COMMERCIALGENERALLIASUAT'Y' eACROCCURRENCE s 1 .000.000 CLAIMS-MACE X OCCUR I Q MENv 1.) 1 oD.poR PREMISES(Ea PCwnentC & MEO eXm (Anye parson( S EXCLUDED A PE-4624684 07Mli?2022 0710112023 PERSONAL 4 AOV INJ U RV 5 1.000,000 GEN'L AGGRE GAT E I.1MIT APRLleS PER 3,000,000 Ono GENERAL AGGREGATE 5 X f>cit[.Y O JI?C7 iI LOG PRODUCTS - COMPlOA AGG S 3,00p,000 OTH£R Employee Benefits Liab S 1 .000.000 AUTOMOBILE LIABILITY G MBINEO SINGLE LIMIT s 1 ,000.000 En arc dan1 _ XANY AUTO BODILY INJURY(Per penile] s W �^••_ A ONFD SCHEDULED BA-4624684 07/0112022 0710112023 BODILY INJU RY(Poe aoddenl} S AUTOS ONLY AUTOS HIRED NON-OVMED Off OPERTV CIA AUTOS ONLY AUTOS ONLY Per as denl A S n I Underinsured malorlsl S 1,000.000 ><I UMBRELLA UAS X OCCUR .. 10,004.000 EACHOCCURRENCE 5 A EXCESS LIAR CLA1MIMADE UMB-4624684 07/01f2D22 0TMU2023 AGGREGATE s 10.000,000 nEn RETENTrOn 5 S 4YORR£RS C40MPENS AT ION PER OTH. AND EMPLOYERS' LIABILITY YIN STATUTE ER ANY PROPRIETOPOARTNERIE)CECUTIVE OFPICER04EMBER E%CLUDEO? a N lA E.L. EACH ACCIDENT S (M i ndarory in NH) E.L. DISEASE EA EF4PLDYEE s II YPS. d""be under DESCRIPTION OF OPERATIONS telow E.L. DISEASE - POLICY LIMIT 5 DESGRIPTIr]M 1;1F OP ERA71DNS 1 LOCATONS 1 VEHrCLES (hCDRD to t, Atldiripn al Ra marks ScnG d,alo, may be olio Phctl IT mwq apace iz re gvlrndl Warren County. Allorney's Office, its Board, officers and employees are listed as an additional insured on a primary, non-contributory basis when requires I]y a writ l an ron tra cl or agreement. (Form #TRI GL 380PE (09.07) attached) CERTIFICATE HOLDER CANCELLATION SHDUt,.O ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE ETC PI R ATtON DATE THEREOF, NOTICE WILL EIE DELIVERED IN Warren County Attorney's OHiCe ACCORDANCE WITH THE POLICY PROVISIONS. 1340 .State Route s AUTHORIZED REPRESENTATIVE Lake George NY 12845 '`/'/ 0 1988-201S ACORD CORPORATION, All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD 360(D ADDITIONAL COVERAGE MODIFICATIONS PUBLIC ENTITY - Commercial General Liability SUMMARY OF COVERAGES AND INDEX: The following is an alphabetical listing of the various coverages afforded by this endorsement. No coverage is pro- vided by this summary. Please refer to the individual coverage explanations within this endorsement for a detailed explanation of terms, conditions and what is and what is not covered. COVERAGE LIMIT PAGE Additional Insureds by Written Contract, Agreement or Permit Inctuded 4 Amendment of Personal & Advertising Injury Included 3 Broadened Definition of Who Is An Insured Included 4 Broadened Insured Contract Definition Included 5 Chartered Aircraft Included 2 Damage To Premises (tented To You Included 2 Extended Property Damage Included 5 Method of Sharing Included 5 Newly Acquired Organizations Included 4 Non-Audit Provision Included 6 Property Damage Liability — Elevators & Sidetrack Agreements Included 2 Supplementary Payments Bail Bonds 52,500 4 Daily Loss of Earnings $1 ,000 4 Watercraft Liability Included 2 Worldwide Coverage Territory Included 6 GL-360 PE (09/07) Copyright Argonaut Group Inc. 2001 . All rights reserved, Page 1 of 5 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 360(g7 - ADDITIONAL COVERAGE MODIFICATIONS Commercial General Liability PUBLIC ENTITY The following modifies insurance provided under the Commercial General Liability Coverage Part: 1 . WATERCRAFT The following replaces item 2. g_ (2) of SECTION I -COVERAGES - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: (2) Any watercraft you own, use or rent that is not being used to carry persons or property for a charge; 2. CHARTERED AIRCRAFT The following is added to Exclusion 2. g. under SECTION I - COVERAGES — COVERAGE A. BODI- LY INJURY AND PROPERTY DAMAGE LIABILITY: (6) An aircraft chartered with crew. 3. PROPERTY DAMAGE LIABILITY - ELEVATORS AND SIDETRACK AGREEMENTS The following is added under SECTION I -OVERAGES - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: A. 2. Exclusions j. (3)4 (4) and (6) do not apply to the use of elevators, B. Exclusion k. does not apply to: a. The use of elevators; or b. Liability assumed under a sidetrack agreement The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible) available to the insured, and SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4. Other Insurance is changed accordingly. 4. DAMAGE TO PREMISES RENTED TO YOU LIABILITY 1 . The last paragraph of 2_ EXCLUSIONS, SECTION I — COVERAGES - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced with the following: Exclusion c. through n. do not apply to damage by fire, lightning, explosion, smoke, water or leakage or discharge from an automatic fire protection or extinguishing system to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Ifmit of in- surance applies to this coverage as described in SECTION III-LIMITS OF INSURANCE. GL-360 PE (09/07) Copyright Argonaut Group Inc. 2001 _ Alt rights reserved_ Page 2 of 5 2. Paragraph 6. of SECTION Ill - LIMITS OF INSURANCE is replaced by the following; 6. Subject to S. above, the Damage To Premises Rented To You Limit of $ 100,000 is the most we will pay for damages because or "property damage" to premises while rented to you or temporarily occupied by you with permission of the owner, arising out of any one "occur- rence" and caused by fire, lightning, explosion, smoke, water, or leakage or discharge from an automatic fire protection or extinguishing system or any combination thereof. Subject to the Damage to Premises Rented To You Limit, the most we will pay to refill or recharge an automatic fire protection or extinguishing system is $2,500. 3. Paragraph 4, b. (2), first instance, of SECTION IV - COMMERCIAL. GENERAL LIABILITY CON- DITIONS is replaced by the following: (2) That is insurance for fire, lightning, explosion, smoke, water, or leakage or discharge from an automatic fire protection or extinguishing system for premises while rented to you or tempo- rarily occupied by you with permission of the owner- S. PERSONAL AND ADVERTISING INJURY 1 . Under SECTION I - COVERAGES - COVERAGE B. PERSONAL AND ADVERTISING INJURY LIABILITY 2. Exclusions a.( 1 ) and a.(2) are deleted and replaced with the following: a. (1 ) Arising out of oral, written, televised , videotaped or electronic publication of material, if done by or at the direction of the insured with knowledge of its falsity; a. (2) Arising out of oral, written. televised, videotaped or electronic publication of material whose first publication took place before the beginning of the policy period; 2. SECTION V - DEI=INITIONS, item 1 , "Advertising injury", is deleted and replaced with the follow- ing; 1 . "Advertising injury" means injury arising out of one or more of the following offenses: a. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a. person's or organization's goods, prod- ucts or services; b. Oral, written, televised, videotaped or electronic publication of material that violates a person's right of privacy; c. Misappropriation of advertising ideas or style of doing business; or d. Infringement of copyright, title or slogan. 3. SECTION V - DEFINITIONS, 14. "Personal injury", item d. is deleted and replaced by the follow- ing: d. Oral, written, televised, videotaped or electronic publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or ser- vices. 6. SUPPLEMENTARY PAYMENTS SECTION I - COVERAGES, SUPPLEMENTARY PAYMENTS - COVERAGES A AND B is revised as follows: 1 . In paragraph 2., the limit of $250 for bail bonds is increased to $2,500. GL-366 PE (09107) ® Copyright Argonaut Group Inc. 2001 . All rights reserved_ Page 3 of 5 2. In paragraph 4„ the limit of $250 for daily loss of earnings is increased to $ 1 ,000. 7. ADDITIONAL INSUREDS The following are added to paragraph 2. of SECTION 11 - WHO IS AN INSURED but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business: e. ,Any member of the governing body of the named insured. f. Any boards, commissions or councils of the named insured and their members. g. Any elected or appointed officer of the named insured. h, Any authorized volunteer of the named insured. 8. NEWLY ACQUIRED ORGANIZATIONS Under SECTION II - WHO 1S AN INSURED, paragraph 4. is deleted and replaced with the following: 4. If you are an organization other than a partnership or joint venture, any organization you new- ly acquire or form over which you exercise controlling interest and actively manage and to which no other similar insurance is available will be deemed to be a named insured. a. Coverage A does not apply to "bodily injury" or "property damage" that occurred before you acquired or formed the organization: and b. Coverage B does not apply to "personal injury" or "advertising injury" arising out of an of- fense committed before you acquired or formed the organization. S. ADDITIONAL INSUREDS BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT The following is added to SECTION II - WHO IS AN INSURED: 5. Subject to all the terms, conditions and exclusions contained within this policy, an insured is any person or organization with whom you agreed, because of a written contract, written agreement or permit, to provide insurance. a. The above applies only with respect to "your work," "your product" or premises owned or used by you. b. The above does not apply unless the written contract, or written agreement has been ex- ecuted or permit issued prior to the "bodily injury , "property damage "personal injury" or "advertising injury", c. The Limits of Insurance applicable to the additional insured are those specified in the written contract, written agreement or permit or in the Declarations for this policy, which- ever are less. The Limits of Insurance are inclusive of and not in addition to the Limits of Insurance shown in the Declarations. GL-360 PE (091377) " Copyright Argonaut Group Inc. 2001 . All rights reserved. Page 4 of 5 10. BROADENED INSURED CONTRACT DEFINITION The following changes are made to paragraph 9. "Insured Contract" of 3ECTION V — DEFINITIONS: 1 . Item c. is replaced with the following: c. Any easement or license agreement: 2. Item d. is deleted. 11 . EXTENDED BODILY INJURY AND PROPERTY DAMAGE Exclusion a. of SECTION I — COVERAGES - COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY is replaced by the following: a. Expected or Intended Injury "Bodily injury" or ",property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. 12. METHOD OF S"ARING The following is added to SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS 4, C. Method of Sharing: In any case in which the named insured has entered into an agreement with another party, whereby such other party has undertaken to provide liability insurance to the named insured, the liability cov- erage furnished herein shall be excess over any valid and collectible insurance (whether primary, excess, contingent or on any other basis) that has been provided for the benefit of the named in- sured, except, insurance specifically arranged to be excess of this policy. When this insurance is excess by reason of the foregoing, we will have no duty to defend any claim or suit that such other insurer has a duty to defend. If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. 13. NON AUDIT PROVISION Unless required by state law Paragraph 5. Premium Audit of SECTION IV - COMMERCIAL GEN- ERAL LIABILITY CONDITIONS is deleted. 14. WORLDWIDE COVERAGE TERRITORY The definition of "coverage territory" of SECTION V — DEFINITIONS is replaced by the following: "Coverage territory" means anywhere in the world. GL-360 PE (09107) ' Copyright Argonaut Group Inc. 2001 . All rights reserved. Page 5 of 5 STATE OF NEW YORK WORKERS' COMPENSATION BOARD CERTIFICATE OF PARTICIPATION IN WORKERS' COMPENSATION GROUP SEI F-INSURANCE ia, Legal flame and Address of BnsineSS Participating in Group 1d. Corporate Contact Name of Business referencod in box "I a" Self-insurance (Use Street Address Only) Business Telephone Number of Business referenced in box '"i a" Town of Clueensbury John Strough 742 Bay Rd. 51$-761-$2L11 Queensbury, NY 12804 ie. NYS Unemployment Insurance Em player Registration Number of business referenced in box "Ata" 1b. Effective Date Of mernbership in the Group 71112014 1c. The Proprietor, Partners, or Executive officers are if. Federat Emptayer Identification Number of Business referenced 0 included (only whack box If all partners/officers included) in Box "la". 0 afl excluded or certain partnorslofficers excluded -- 146002393 2. Name and Address of the Entity Requesting Proof of Coverage 3. Name and Address or Group Self-Insurer (Entity Being Listed as Certificate Holder) Warren County Public Employer Risk Management Association PO Box 12250 1340 Route 9 Albany, NY 12212-2250 Lake George, NY 12845 RE Proof of Workers' Compensation Coverage; This certifies that the business referenced above in box "I a" is complying with the mandatory coverage requirements of the New York State Workers' Compensation Law as a participating member of the Group Self-insurer listed above in box "3" and participation in such group self-insurance is still in force. The Group Self-Insurer's Administrator will send this Certificate of Participation to the entity listed above as the certificate holder in "box 2". The Group Self-Insurer's Administrator wiii notify the above certificate holder within 10 days IF the membership of the participant fisted in box "la" is terminated. (these notices may be sent by regular mail.) Otherwise, this Certificate is valid for a maximum of one year from the date certified by the group self-insurer. If this certificate is no longer valid according to the above guidelines and the business referenced in box "I a" continues to be named on a permit, license or contract issued by the certificate holder, the business must provide the certificate holder either with a new certificate or other authorized proof of the business is comp lying with the mandatory coverage requirements of the New York State Worieers' Compensation Law. Under penalty of perjury, 1 certify that I am an authorized representative of the Group Self-insurer referenced above and that the business referenced in box "l a" has the coverage as depicted on this form. Certified by: Steve Altieri, President (Print n afne of au thenzc 0.representative or Ihu Group Self-Insurer) Certified by f l rM 101612020 Signature Dale Title: President Telephone Number: 1-888-737-6269 GSI-105.2 (2-02) CERTIFICATE HOLDER COPY P F2Cert,ufr WORKERS COMPENSATION LAW Section 57 Restriction on issue of permits and the entering into contraCts unless compensation is secured. 1 . The head of a state or municipal department board, commission or office authorized or required bylaw to issue any permit for Orin connection with any 14vork involving the employment of employees in a hazardous employment defined by this chapter, and notwithstanding any general or special statute requiring or authorizing the issue of such permits, shall not issue such permit unless proof duly subscribed by an insurance carrier is produced in a form satisfactory to the chair, that compensation for all employees has been secured as provided by this chapter. Nothing herein, however, shall be construed as creating any liability on the part of such state or municipal department, hoard commission or office to pay any compensation to any such employee if so employed. 2. The head of a state or municipal department, board, commission or office authorized or required by law to enter into any contact for or in connection with any work involving the employment of employees to a hazardous employment defined by this chapter, notwithstanding any general or Special statute requiring or authorizing any such contract, shall not enter into any such contract unless proof duiy subscribed by an insurance carrier is produced in a form satisfactory to the chair, that cam pensalion for a ll employees has been secured as provided by this chapter, Please Mote: This Certificate is valid only through the policy dates indicated above, OR, a maximum of one year after this form is approved by the authorized representatives of the Group Self-Insurer. ,At the expiration of those dates, it the business continues to be named on a permit or contract issued by the above government entity, the business must provide that government entity with a new Certificate. The business must also provide a new Certificate upon notice of GSI-105.2 (2.02) Reverse PRCedF PG2.uff RESOLUTION No. 472 OF 2022 RESOLUTiON INTRODUCED 13Y SUPERViSORS CONOVER. H0CrAN, IJicmN50N, Tt-10N1ASj Bft(JN0, ['\' ERLi NO AND S`t ROUGiI AWAM) ING 1311) ANT) M-MIORiZiNG AGREEMENT WITI-I WASTE ]MANAGEMENT OF NEW VOI1K, LLC TO PROVIDE DISPOSAL AND 14AULING SERVICE'S FOR MUNICIPAL SOLID WASTE ,& RECYCLABLES (WC 50-22) WHERE�AS, the Purchasing Agent has advertised for sealed bids For Disposal and Hauling Services for Municipal Solid Waste & Reeyclables (WC 50-22), and WHER13AS, the bids were opened on August 1 S. 2022 and the Superintendent of Public Works has recommended that the bid be awarded to Waste Management of New York, LLC, located at 100 Ransicr Drive, West Seneca, New York 14224, now, therefore, be it RE-SOLVED, that the Warrer7. County PUrchasing Agent be, and hereby is, authorized and directed to notify Waste tManagernent of New York, LLC, located at 100 Ransier Drive, West Seneca, Now York 14224, of the acceptance of their bid, and be it further RESOLVED, that the Warren County Board of Supervisors hereby authorizes the Chairof the Board of' Supervisors tO cxecutc an agreement with Waste Management of New Yorl<. LLC to provide Disposal and Hauling Services for Municipal Solid Waste & Recyclables, except for the Town ofT-Iague, in a form approved by the County Attorney, pursuant to the terms and provisions of the specifications (WC 50-22). for a term commencing .fanuary 1 , 2023 and terminating December 31 , 2023, at the prices defined in the attached Schcdulc "A.", as well as to execute an)? interrcturxrc117a1 agreements relating to same, and be it Curther RESOLVED, that the funding shall be expended from the appropriate departmental Budbet Code. \nrr\028-21 SEPTEXIBER 16, 202213OARDMEET1NG WARREN COUNTY BID TABULATION SHEET 1,A b%t P; k A1)1)It KS 01. VA CIE & ,A n h R ESS ()I- `d%M I:. G ,A f]1)R F;;SS 01' 131 D I I F.It ralnNr): AA'�- sn_22 BIDDER BB)DIE" I TEM(Sj: 3)MPOSA1, AND I1,AIIF.lN(. S VIA VICES FOR Al I?N14M PAL S 04.ID WA ST F, & It 1!C'Y{'FAA I I,EC Ca'c11a Wnalc 41nom Ucnww, hrc, Co+n+ly Wnslc & It ecpc l ing dhw l4'np lc rolnnag¢1n 111 of New Ynrk, LLC Mtn: nmon Plwal A C f; fart iuc AIM Patrick MEarrmo OATF;: A 11{;(*"1' IN, 21)22 :92 Ftntttu 1) Aunt Mlikc 1Tnylc 100 ltan5iur Driyc Poo E?Ilwanl_ NY i '_RuK 1927 Rlxnc ') PT) finx 431 AV Lm Semi eca. NY 10114 TIME };Iln f'A F. 1"h� 5 !s-alj.7.121 Clinnn Pork, NY I ^_nfi5 I'll: 7111.2i9.0±97 Fx- N/a I oil; 51 It.977-?3nX Px: %66-746.s7o4 Ex.: 519-977-7337 RID AWMIDF:1) '140: RF,SC)I,11 T I ON No. Xx nf :(122 f "f"E:FL11: JANUARY 14 1112370IfftnUC:I11)ECEMBF:11 11, 2013 4111.I F, A. HUTIaXlt, POUCIIASINr; ACKNT D FGC it I P'I'I dN Or 1'r F\I PRICE PRICE PRICE: I, I'rivpf F`nn I;"r fIi.p4iz11 ++f Prr.c cS�i h Ee %VjFle: csx nnrlora SR2.inAnit 4fs{1.n[}Alna 1"nce�'71xnf r I)icporc:I n f CAC E)r S%R,(Mfmn 5%'.t{lflrnt $C 7,I1Ditnn 3. f'riccllmocit Inr Dispmal of Timm - rAlrto $5(),001cac11 St 5.00lcach $ 17.00/cach Prirufl:ach for DisposnE of Tires - Truck Do Nut Accept S2O,DPfcach 522,D(vcnch S. 1'ricuf Con for nisNwnl of Tires: $250J)Dllon $i45pnJlnn No Rid R rr yclalr Etxr Nc.uspal+cr 3S lrl.rlrlllntr Ncwxpupur figc_nl 11klrq NevepF+aper S7: 4'1 r1 raw hl alavi nc% $14nf10Fl ltlt M mgari11" Fi1K,fHlllon mazlyhlCA S7G C'lu+rgc Cnmg:rlcel <:a"H +ard S14Mfflirnn C'anlhnard $0$,Owloal Carsikxna nl $0 Chi rgc G htss SI-10.OnAon Glasx S95A01ton Glaxs S0 Chargu (plat) Mimics S140,nDllon Plastics $95,nolin11 Plamics SI sn Charge (na1) WAREIErN COUNTY HID TABULATION SHEET NABklr S: ADDRESS OF NAMF & %ncHz 1;SS OF NAME. & ,4ODRF:SS f)F RI DOOM 111 f1 M); WC 5n-22 01 D1)FR 111 nR P.." fT'h N1(R1: 1)t57DON Ai. AN1) 11A 01,1 NG G 01L f1) A TV, . IUti11 No CF AI, C'ascrla Waslc Mina gclncn[. like. Coua,ly Haste & Ilceyelinv dha waste Ma tra ge rile nk of Neu. YnrL, I.!_C tiili.fD 44',1 S'I'F; R Ii$C1'f7LA IlLF:S A[tn: DHlnn l*Ivnn ACR Caning Aim: rraktick blttrtinn OATE: ACC MT is, 2n22 1392 Rnuw 9 AIP=: Mike Dovlc $Wl Rails icr 1)ri ve Forl I:tlu'ACd, NY 12#3R 1927 Rome 4111f) MIX 4?1 lVe.i scnccn, iNY I4_'33 TIMb:; 1:111f I'Sl. Ph: 5IR.JI <.7.121 Clinon Park. NY 1?065 Pr,: 7I6-219.n347 I x: z:/a ell: 51x-R77.2?nR 966-746-R704 Px• 51 R-R77-7337 111iSC1E1 P'f 1C3N C1 F' tTF,1f PMCF. PRICE Pfif CF, Prieclllnul for the Following Sncx: I-lirnm lrollow Ace Carting Cracl, Ridge Perkins. lBrim Toney Pill R DF Hollow Town of nnitorx c:173:12 'Mil 11id 5153An S257.Jf1 5+40.90 S152, In Tmvlt of C'11cr l cr 4.1<?k,35 Nn (9id S3RS.Id 52(0.Ro $il 4'f)o IS175.541 -rnwo of I Fa ync Vii3±.47i Nil fiid NO Rid Nil Rid NO Rid Nil 111d Town of I ror icon SSS;4.37 No Rid S17 1•dn M2"'No Sr E3%.40 'I'r,unr,l'1<,Nnsl+nrg s56S.1n Nil Rid S4t2 t.21'1 S304.2a SJSI ,nn 5234.00 rnwrt or i_a ke I-,Izcrnc S-I03,65 No Wil 5315.90 SIR7?0 15211400 S175.S1) Town of fjoccnshcry - Ridge ltd. S3F r.29 No Rid S257.40 Sr87.20 $187,2(1 S175.5n 'Gown of Oij" shnrv - I_llln:rlie Rd. S274518 NO flid $21 n.6o S14n.40 S128.7f1 S1dn,JD .1'nwn of Stnr,v Creek 4;46X'Ai Nil Ilid 'SJ21?o S?92,30 531A 0 52;J,(W} 1 owil r,r'r 1,nn,,,kn ifl;_32 No Ilid S:z i,2 n s3n.t.20 Sall nil S2Rh,Rn ToWo or %V-11 o<hu rg ,C.Ii6.04 Na 11 ir1 S2xn.Rn 5173..n Sl'74*In S,n.'n WARREN COUNTY 8ID TAEULATION SHEET NANO F: & AnDRF;S$ OF v,LAf F: & ADDRESS qF ,NAME, & I%M)RFS's OF Hf nOF:Tt HID Sih: WC 5R_22 Hine ER nlnnF',R iTF}1(S); [l[Si"t1SA1, .L!d 11 f[AUF.[NG SF 1,1\'ICFA 'F-F. Al ftN1 Yr.IYL C;Yscf la %VastcI la 11.1gellic I 1 t IIIC. County LVaslc & Recyckinrd1l. SN}grL` bl:Yf a:l�teallL`111 Nit Nvw York, l•LC S.f}l.ln NS4STF: & fi F:{;Yi'.I sL iil.I:S MINN: D111an Flyun ACR ('n rt i nd Ait 1: 1'atri c$ Mart inn DA-I'F: A{rC;la S"S" Ix, VIZI Li Rtrule 41 Altel: Ylikc Doyle 1110 10il,"er Dr1 vc Fort l:ilwarll. MY I3s.2S 111:7 Roma 41110 fine 471 k%'CFI Selleca. !7Y 1.1224 t'l T1 F:: 3R00 PII. Iq1: C-I l h Prl lark. %"e IZf15$ Ph' 716-219-0297 Vv Via Ph: 52R-S77-2301' fox: M6.746-F704 F.c: 5 t%-%7T-73i7 Cnnlnlanls Ali y Satursiny Imuls wig he hit led m Ilee ra cc of Hvn Imnlx, TI1 is is duc M lnek o('¢n Ylsi sl cm Aispnznl 1OC411 wli5 OII Salarnlays mul fllc Yexalting owed In move conwincrx Itvice. NCW4plaper Crilculm4nn: Flrl \/txvNi Taper o-I) mxm In 1 figii, ' n1 i n uF S 1?0, ctkT p111y S49 , S12n - S7j w1 ngplZm a Ca l cu l nl i nn; I>T,I Mixcd Paper {;:sl 13nffl10 11igh. nl inrla Sl2U- CI re milt lv S•I5 - S12P-S79 Ca rrllma rd C'a I CI dot to 14 1 ('lC'f f I t1 lit al Fn ha lIigh, minus