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3.5 3.5 AGREEMENTS\New York State Transportation DOT Shared Services Renewal—Emergency Assistance—10-2-2023 RESOLUTION AUTHORIZING RENEWAL OF SHARED SERVICES AGREEMENT BETWEEN TOWN OF QUEENSBURY AND NEW YORK STATE DEPARTMENT OF TRANSPORTATION RESOLUTION NO. ,2023 INTRODUCED BY: WHO MOVED FOR ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 237,2017. the Queensbury Town Board authorized the renewal of a Shared Services Agreement with the New York State Department of Transportation (DOT), providing for an effective mechanism that allows DOT or the Town Highway Department to provide assistance in the absence of a Governor's Emergency Declaration for services or materials valued at less than $10,000, and WHEREAS, the Town Board wishes to authorize the renewal of the Agreement so that DOT and/or the Town Highway, Water and/or Wastewater Department(s) may provide such assistance, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves and authorizes the renewal of a Shared Services Agreement with the New York State Department of Transportation (DOT) in a form acceptable to the Town Supervisor, Town Highway Superintendent, Town Water Superintendent/Wastewater Director and/or Town Counsel for a four (4) year term, with the effective date of the Agreement commencing on the date that the DOT Regional Director of Operations executes and dates the Agreement, and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor and/or Town Highway Superintendent to execute the Shared Services Agreement and the Town Supervisor, Town Highway Superintendent, Town Water Superintendent/Wastewater Director, Town Budget Officer and/or Town Counsel to take such other and further actions as may be necessary to effectuate the terms of this Resolution. Duly adopted this 2nd day of October, 2023 by the following vote: AYES NOES ABSENT: AGREEMENTSIShared Services Agreement — NYS DOT Transportation — Highway Water Wastewater — Assist Emergencies — October 2023 SHARED SERVICES AGREEMENT Between NYS DOT and Town of Queensbury THIS AGREEMENT dated 2023 is between the People of the State of New York, hereinafter referred to as "State" or "NYSDOT" and the Town of Queensbury, hereinafter referred to as "Municipality." Pursuant to Section 99-r of the General Municipal Law, the State and the Municipality wish to share services, exchange or lend materials or equipment which shall promote and assist the maintenance of State and Municipal roads and highways and provide a cost savings by maximizing the effective utilization of both parties' resources. Shared Services shall mean any service provided by one party (Provider) to another party (Recipient). The State and the Municipality agree to share services as follows. 1 . Description and Cost of Services, Materials or Equipment to be shared: Provide details of the services, materials or equipment to be shared in the attached standard Schedule A. The total amount of the Agreement shall not exceed ten thousand dollars ($ 10,000.00). If applicable, indicate that the return exchange will be determined at a later date. 2. The Provider's employees shall remain under full supervision and control of the Provider. The parties shall remain fully responsible for their own employees for all matters, including but not limited to, salary, insurance, benefits and Workers' Compensation. 3 . If the borrowed machinery or equipment is damaged or otherwise needs repair arising out of or in connection with the Recipient's use, the Recipient shall be responsible for such repairs. 4. The Municipality agrees to defend and indemnify the State for any and all claims arising out of the Municipality's acts or omissions under this Agreement. Subject to the availability of lawful appropriations and consistent with Section $ of the State Court of Claims Act, the State shall hold the Municipality harmless from and indemnify it from any final judgment of a court of competent jurisdiction to the extent attributable to the negligence of the State or of their officers or employees when acting in the course and scope of their employment- 5- The term of this Agreement shall be for two (2) or four (4) years from to , 20_, The parties will endeavor to provide no less than thirty (30) days" notice of its intent to extend the Agreement. Either party may revoke this Agreement by providing sixty (60) days written notice of such revocation. Upon revocation, any outstanding obligations of the parties must be satisfied within thirty (30) days of the date of such revocation. NYSDOT — Region I TOWN OF QUEENSBURY (MUNICIPALITY) By: Date: By: , Date: Resident Engineer — Warren County John F. Strough, 111, Town Supervisor NYS DOT — Region 1 By. Date: Regional Director of Operations Page 1 SCHEDULE A NYSDOT Description of Services, Materials, or Equipment (Check All that apply) to be shared : Estimated Cost/Value of Services, Materials, or Equipment (Check All that apply): Total NVSDOT Cost/Value: MUNICIPALITY Description of Services, X Materials, X or Equipment X (Check All that apply) to be shared: The Water Department supplies water for street sweeping - Cost/Value - $ 1 ,000.00 The Water Department may be able to supply construction services such as a water tap to State owned locations within a reasonable radius at a Cost/Value of up to $3,500.00 The Wastewater Department has available a pump that is capable of moving up 3 ,500 gpm to aid in culvert bypassing. Providing WZTC for the installation of cameras at the Rte254/Rte 9 intersection Estimated Cost/Value of Services, X Materials, X or Equipment X (Check All that apply): Total MUNICIPALITY Cost/Value: Page. 2