4.24 4.24
AGREEMENTS\Warren County—Accept Funds to Combat Glen Lake Invasive Species- 1-1-2024
RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY
TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE
RESOLUTION NO.: 12024
INTRODUCED BY:
WHO MOVED ITS ADOPTION
SECONDED BY:
WHEREAS, by Resolution No.: 535 of 2023, 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 2024 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 an Intermunicipal Agreement with
Warren County and accept such funds,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby approves and authorizes an
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 in form acceptable to the Town Supervisor, Town Budget Officer and/or Town
Counsel 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 Town Budget and increase revenue
051-0000-52189 and increase appropriation 051-8790-4400 by the $25,000, and
BE IT FURTHER,
RESOLVED, that the Town Board further authorizes and directs the Town Supervisor,
Town Clerk and/or Town Budget Officer take any further action necessary to effectuate the
terms of this Resolution.
Duly adopted 1st day of January, 2024, by the following vote:
AYES Mr. Metivier, Mr. Freer, Mr. Dixon, Mr. McNulty, Mr. Strough
NOES None
ABSENT: None
2024
INTERMUNICIPAL AGREEMENT
BETWEEN WARREN COUNTY AND TOWN OF QUEENSBURY
FOR COMBATING AQUATIC INVASIVE SPECIES IN PUBLICLY
ACCESSIBLE 'WATER BODIES WITHIN THE TOWN OF QUEENSBURY
THIS INTERMUNICIPAL AGREEMENT made by and between the COUNTY OF
WARREN, a municipal corporation and political subdivision established under the laws of the State
of New York, having its principal offices and place of business located at the Warren County
Municipal Center, with a mailing address of 1340 State Route 4, Lake George, New York 12945,
("County"), and the
TOWN OF QUEENSBURY, a municipal corporation and political subdivision established
under the Laws of the State of New York, having its principal offices and place of business located
at 742 Bay Road, Queensbury, New York 12804, (the "Town").
RECITALS
WHEREAS, the 2024 Warren County Budget has allocated One Hundred Fifty Thousand
Dollars ($ 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 2024,
and
WHEREAS, Warren County Board of Supervisors Resolution No. 535 of 2023 allocated
Twenty-Five Thousand Dollars ($25,000) to the Town to combat aquatic invasive species in Glen
Lake located within the Town during calendar year 2024, 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 located
within the Town during calendar year 2024,
NOW, THEREFORE, the parties hereto agree as follows:
1 . FUNDING
Within thirty (3 0) days following execution of this Intermunicipal Agreement or at such other
ZACOMMITMES\Personnel, Administration & Higher Education\Clcrk of the Board\AgreementMgreemcnts - 202411MA
Town of+Queenshury-2024.wpolan\874-A-028 Pag9 hof3 8
time as requested by the Town, the County shall pay to the Town a sum not to exceed Twenty-Five
Thousand Dollars ($25,000) to be applied solely to combat aquatic invasive species in Glen Lake
located within the Town during calendar year 2024,
2. REPORTING
The Town shall provide a brief written annual report of the activities the Town performed
under this contract in 2024, which shall be submitted to the Clerk of the Board of Supervisors no
later than March 31 ' of 2025.
3. INSURANCE
a. The Town shall carry General Liability coverage in the amounts of at least One
Million Dollars ($ 1 ,000,000) per occurrence and Two Million Dollars ($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. The Town acknowledges that failure to obtain such insurance on behalf of Warren
County, its Board, 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.
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.
ZACOMMITTi±MPersonnel, Administration & Higher EducationlClerk of the BoardlAgrecmentslAgreements - 2024VMA
Town of Queensbury-2024.wpolart1874-A-028 Paglh 7 za5 8
4. INDEMNIFICATION
The Town shall be responsible for all damages, whether for bodily injury, life or property to
the extent caused the negligent or willful acts, errors or omissions of the Town, its officers, directors,
agents, servants or employees or anyone for whom the Town is legally bound, in connection with
its service under this Intermunicipal Agreement.
To the fullest extent permitted by law, the Town shall indemnify, hold harmless and defend
the County, its Board, officers, employees and volunteers against any and all losses, claims, actions,
demands, damages, liabilities, or expenses, including but not limited to reasonable attorneys fees
and all other costs of defense, by reason of the liability imposed by law or otherwise upon the
County, its Board, 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 negligent or
willful 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 Town shall upon the County's demand, promptly and diligently defend at the Town's
sole risk and expense, any and all suits, actions, or proceedings which .may be brought or instituted
against the County to provide defense under this paragraph and the Town shall pay and satisfy any
judgment decree loss or settlement in connection therewith.
The Town shall, and shall cause the Town's officers, employees and agents to cooperate with
the County in connection with the investigation, defense or prosecution of any action, suit or
Z:ICOMMrrTEE$kPersonnel, Administration & Higher EducationEClerk of the Board\Agreements4Agreements - 20241IMA
Town ofQueensbtiry-2d24.wpd\art1874-A-028 PagV73206 8
proceeding related to the subject matter of this Intermunicipal Agreement,
The Town shall strictly observe and comply with all safety laws, rules, and regulations
(including but not limited to the Federal Occupational Safety and Health Act, the New York Labor
Law, and all regulations promulgated pursuant to such laws) and to provide such protection as
necessary to protects its workers and the workers of other contractors. In the event that additional
safety measures are required, the Town agrees that it will install or procure such additional safety
measures at its sole expense. To the fullest extent permitted by law, the Town shall hold harmless,
indemnify and defend Warren County, its Board, officers, employees and volunteers against all
losses, claims, fines, or expenses, including but not limited to attorney's fees, resulting from the
enforcement of these laws and for related acts of its officers, employees, subcontractors, suppliers
and materialmen.
S. DISCRIMINATION AND HARASSMENT
Any type of discrimination and harassment is against Warren County policy and is unlawful.
The Town acknowledges and agrees that it has read the entire Warren County Policy Against
Discrimination and Harassment (hereinafter the "Policy"), a copy of which can be found at
https.*Hwww.w,=encoun!3W.Rov/sites/default/files/hr/does/fortns/harassment-policy.pdf. The
Warren County Policy Against Discrimination and Harassment applies to all personnel in a
contractual or other business relationship with the County. This Agreement incorporates the entire
Policy as a material term of this 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 indemnity, 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.
ZACONN IT't"EESTersonnei, Administration & Higher Eduration\Clerk of the Board\Agroements\Agreements - 2024UN A
Town of Queensbury-2024.wpola:tl874-A-028 Pagly-aoh 8
5, MISCELLANEOUS PROVISIONS
a. Return of Surplus Funds. At the end of the calendar year 2024 if any funds
allocated by the County are remainhig 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 and
understanding between the County and the Town, except for agreements amending and/or modifying
the same issued after 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 Torun shall comply with the requirements of Article 8 (Sections 220-223) ofthe 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
ZACOMMiTTEES1Personnel, Administration & Higher Education\Clerk of the Board\A.grcemcntAAgrccments - 20241TMA
Town of Queensbury-2024.wpd\art1874-A-028 Pagu' o!f3 8
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 riot have
any authority with respect to any matter or in any matter to be obligated or commit the County by
contract or otherwise.
g. If 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.
h. The Town shall 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 (1 U) days written
notice or within ten (1 Q) days of the delivering of written notice by the County.
i. 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.
j . This Intermunicipal Agreement may be executed and delivered in any
ZACOMMITTEES\Personnel, Administration & Highcr Educadon\Clerk of the 'Board\Agrecmcnts\Agrcemcnts - 202411MA
Town arQueensbury-2024.w,polart\874-A-028 Pagrv�kaL 8
number of counterparts, each of which so executed and delivered shall be deerned 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 purposes
of this Agreement and all matters related thereto, with such facsimile, scanned and electronic
signatures having the same legal effect as original signatures.
7, TERM.
This Intermunicipal Agreement shall commence on January 1 , 2024 and terminate on
December 31 , 2024. The failure of either party to exercise any of its rights under this Intermunicipal
Agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any
subsequent breach.
Either party may terminate this Intermunicipal Agreement with or without cause at any time
or for convenience upon thirty (30) days written notice to the other party.
Any notice given in connection with this Intermunicipal Agreement shall be given in writing
and shall be delivered either by hand to the party or by mail or overnight delivery to the party's
address stated above.
Z:%COMMITTEESIPersonnel, Administration & Higher EducatioMCterk of the BoardlAgreements4Agreements - 20241IMA
Torun of Queensbury-2024,wpolaA\874-A-029 P1190772OLfi 8
IN WITNESS WHEREOF, this agreement has been executed by the duly authorized officers
of the respective parties,
Approved as to Fo COUNTY OF WARREN
Assistant Countf�Attorney KE'VTN B. GERAGHTY, CRAIRMAN
Board of Supervisors
Date:_ Date:
TOWN OF QUEENSBURY
By:
JOHN STROUGH, SUPERVISOR
Date:
z:1C0MMITTEES\Personne1, Administration & Higher Education\Clerk of the Board\Agreements\Agreements - 2024\IMA
Towns ofQueensbury-2024.wpd\wt1874-A-028 Pagr-#2od3 8
�'R� DATE IMMbC/YYYYF
-00eCERTIFICATE OF LIABILITY INSURANCE 06/3=023
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 eartlflcate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED prov]sIGns or be endorsed.
If SUBROGATION IS WAIVED, subl"t 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 endomenwitt(s).
PROWLER NAVE: Mary Lou Well, ACSR
Marshall & Starling Upstate, Inc. PHONE (518) 587-1342 ANC No ; (51S} 587-134$
125 High Rock Ave„ Suite 206 =-MmR ss: rnweil(Mmarshelsterfing.cam
ADO
INSURE S)AFFOROING COVERAGE NAIC M
Saratoga Springs NY 12858 INSURERA I NYMIR 20690
INSURED
INSURER a -
Town of Queensbury INSURER C :
742 Say Road INSURER D :
INSURER E :
Queanabury NY 12604 NNSURER F
COVERAGES CERTIFICATE NUMBER: CL2303042362 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. NOTWlTHSTANWNG 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 DES CR IDED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
LTR TYPE OF INSURANCE POLICYNUMBER "fD MMADWWYY LIMITS
COMMERCIAL GENERAL LIABMJTY EACH OCCURRENCE a I1000,000
CLAIMS•MAOF ® OCCUR EBEMIaES ( OCC msma $ S00000
ACED EXP a nm i 50000
A MECTQNBY001 07/0112023 07/0112024 PERSONALAADV WJURY t 1,000,000
GENT.AGGREGATE UMITAPPUES PER: GENERAL AGGREGATE s 3,000,000
PRO-
POLICY EJ JECT a LOC PRODUCTS-COMPOOPAGG t 1t000,o00
OTHER: Employee Benefits LIab t 14000,000
AUTOMOBILE LuimUTr COMBINED SI NOUZ IJMITe 1,000,000
ar. tlent
ANY AUTO 000ILY INJURY NPw Perspnl s
A OIAMED SCHEDULED MCATQNBY001 07/01/2023 07/01r2024 BODILY INJURY CPI'student} i
AUTOS ONLY AUTOS
HIRED NON-OWNED - i
AUTOS ONLY AUTOS ONLY owids
Underinsured motorist it I0000,000
UMBRELLA LIAB OCCUR MACH OCCURRENCES••,• s 1
RR 0,0001000
EXCESS UAS CLAIMSMAMF MPLTONBY001 07/01t2023 07/01/2024 AGGREGATE $ 100 0, 0,000
DEC) RETENTION s a
WORKERSCOMPFNSATION Eri H
ANOEMPLOYERS UABIUTY YIN T T
ANY PROPRIETOR,7ARTNERMXE.C17T1VE NIA E.L EACH ACCIO ENT s
OFFICERMEMBER EXCLUDED? - —'—'—
(Mandatary In NH} EL DISEASE-EA EMPLOYEE i
K yyeeas dmonbe under
A -
D D611PPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT i
DESCRIPTION OF OPERATIONS F LOCATIONS r VEHICLES (ACORO101,Addidarlal Remarks Sah"ule, may aRaChed If more spats Is nlqulmd)
Warren County, AtEGmey s Office, KS Board, offers and employees are listed as an additional insured on a primary, non-conblbutory basis when requires by
a wvritton contract or agreement. (Form AMPL 216 0308)
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE VALL BE DELIVERED IN
Warren County Altorney's Office ACCORDANCE VOTH THE POLICY PROVISIONS.
1340 State Route 9
AUTH0AJZ6O REPRESENTATIVE
Lake George NY 12845 ✓�{_ "�L✓
019888--2015 ACORD CORPORATION. All rights reserved.
ACORD 25 (201W03) The ACORD name and logo are reg late rrd marks of ACORD
IVIPL 216 03 06
GENERAL LIABILITY
NEW YORK MUNICIPAL SPECIAL
ADDITIONAL INSURED ENDORSEMENT
This endorsement modifies insurance provided under the General Liability Policy.
ADDITIONAL INSUREDS - BY CONTRACT, AGREEMENT OR PERMIT
WHO IS AN INSURED is amended to include any person or organization which because of a
written contract, agreement or permit coverage is provided under this policy, but only with regards
to your operations, "your work" or facilities owned or used by you,
a. This provision does not apply:
(1 ) Unless the written contract or agreement has been executed by the
entity seeking coverage prior to the "bodily injury," "property damage,"
"personal and advertising injury;"
(2) To any person or organization included as an insured under this
y Coverage Part; or
(3) To any person or organization included as an insured by an
endorsement issued by us and made a part of this Coverage Part.
(4) To any person or organization contracted to supply municipal products or
services on your behalf,
b. When a lessor of leased equipment becomes an insured under this provision,
the following additional exclusions apply:
(1 ) To any "occurrence" which takes place after the equipment lease
expires; or
(2) TO "bodily injury" or "property damage" arising out of the sole negligence
of the lessor,
c_ When an engineer, architect or surveyor becomes and insured under this
provision, the following additional exclusions applies:
"Bodily injury," "property damage," "personal and advertising injury" arising out of
the rendering of or the fa€luee to render any professional services by or for you,
including:
(1 ) The preparing, approving, or failing to prepare or approve maps,
drawings, opinions, reports, surreys, change orders, designs or
specifications; and
(2) Supervisory, inspection, or engineering services.
d. When:
MPL-216-03 06 Page t of 2
(1 ) Owners or other interests from whom land has been leasedlborrawed; or
(2) Manager or owner/lessor of premises;
Becomes an insured under this provision, the following exclusions apply.
(i) Any "occurrence!' which takes place after you cease to be a tenant in that
premises; or
04 Structural alterations, new construction or demolition operations
performed by or on behalf of the manager or lessor.
MPL-216-03 06 Page 2 of 2
aWro
RESOLUTION No. 535 OF 2023
RESOLUTION INTRODUCED BY SUPERVISORS THOMAS, LEGGETT, WILD, DIAMOND, FRASIER,
MERLINO AND B EATY
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 2024
WHEREAS, the Warren County Budget allocated a total of Two Hundred Fifty Thousand Dollars
($250,000) for the purpose ofcombating aquatic invasive species in 2024 with One Hundred Fifty Thousand
Dollars ($ 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 2024, in the amounts specified below, with One Hundred Twenty-Five Thousand Dollars
($125,000) to be paid from Budget Code A.6417.0002 480.07, Tourism/Occupancy, Occupancy Tax, Warren
County Environmental Projects, and the remaining Twenty-Five Thousand Dollars ($25,000) to be paid from
Budget Code A. 1010.470 Legislative Board, Contract:
Town of Chester - $41 ,666.67
Town of Horicon - S41 ,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 Chair 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.
DECEMBER 13, 2023 B044RD MEETING