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4.08 4.8 AGREEMENTS\\Warren County – Accept Funds to Combat Glen Lake Invasive Species - 9-9-19 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: ___________________________________________________, 2019 INTRODUCED BY: ___________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ____________________________________________________ WHEREAS, by Resolution No.: 469 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 2019 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 2019 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. th Duly adopted 9 day of September, 2019, by the following vote: AYES : NOES : ABSENT : 2019 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 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 2019 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 2019, and WHEREAS, Warren County Board of Supervisors Resolution No. 469 of 2018 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 2019, 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 2019, NOW, THEREFORE, the parties hereto agree as follows: 1. FUNDING Within thirty(30) days following execution of this Intermunicipal Agreement or at Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 1 of 6 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 located within the Town during calendar year 2019. 2. REPORTING During the first quarter of 2020, 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 of the foregoing funds allocated to the Town to combat aquatic invasive species in Glen Lake 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. 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 Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 2 of 6 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. Any type of Sexual Harassment is against Warren County policy and is unlawful. Provider/Contractor acknowledges and agrees that is has read the entirety of the Warren County Sexual Harassment Policy, a copy of which can be found online at https://warrencountyny.gov/hr/forms.php under Discrimination and Harassment. This agreement incorporates the entire policy as a material term of this agreement. Provider/Contractor shall follow the policy in its entirety. If a complaint does arise,Provider/Contractor is to notify Warren County promptly. To the fullest extent permitted by law, Provider/Contractor shall indemnity, hold harmless and defend Warren County,its boards,officers,employees and volunteers against any and Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 3 of 6 all losses, claims, actions, demands, damages, liabilities, or expenses, including but not limited to attorney's fees and all other costs to defense,resulting for Provider/Contractor and/or agent's breach of this policy. 4. MISCELLANEOUS PROVISIONS a. Return of Surplus Funds. At the end of the calendar year 2019 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 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)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 Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 4 of 6 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 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 Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 5 of 6 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. 5. TERM. This Intermunicipal Agreement shall take effect immediately upon execution by both parties and terminate December 31, 2019. 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. IN WITNESS WHEREOF,this agreement has been executed by the duly authorized officers of the respective parties. Approved as to Form: CLAA-, E By: / --- Warren ounty Attorney RO ALD F C O R, CHAIRMAN Board of Supervisors Date: - Approved as to Form: TOWN OF QUEENSBURY By: Town of Queensbury Attorney JOHN F. STROUGH, SUPERVISOR Date: Z:\Shared\2019 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury.wpd\kc\874-A-027 7/29/2019 Page 6 of 6 AcoR CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DDIYYYY) 06/25/2019 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 have ADDITIONAL INSURED provisions or 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 NAME: Marshall&Sterling Upstate,Inc. HONr o,Ext): (518)587-1342 FAX No): (518)587-1348 125 High Rock Ave.,Suite 206 E-MAIL mweil@marshallsterling.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC Saratoga Springs NY 12666 INSURER A: Argonaut Insurance Co. 19801 INSURED INSURER 8: Town of Queensbury INSURER C: 742 Bay Road INSURER D: INSURER E: Queensbury NY 12804 INSURERF: COVERAGES CERTIFICATE NUMBER: CL1962569670 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. INSR ADDL SOUR- POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS X COMMERCIAL GENERAL LIABILITY 1,000,000 EACH OCCURRENCE S 10 CLAIMS-MADE X OCCUR PREMIDAMASES Ea occurrence)c S 100,000 MED EXP(Any one person) S EXCLUDED A Y PE-4624684 07/01/2019 07/01/2020 PERSONAL BADVINJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE S 3,000,000 X POLICY PRO- 3,000,000 JECT LOC PRODUCTS-COMP/OP AGG S OTHER: Employee Benefits Liab s included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) S A OWNED SCHEDULED BA-4624664 07/01/2019 07/01/2020 BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY _ AUTOS ONLY (Per accident) Underinsured motorist s 1,000,000 X ,...,,.....,CUR ,y.,.E..,,. UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 10 000,000 A EXCESS LIAB CLAIMS-MADE Y UMB-4624684 07/01/2019 07/01/2020 AGGREGATE s 10,000,000 DED RETENTION S S WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY /N STATUTE ER �, ANY PROPRIETOR/PARTNERIEXECUTIVE N!A - - E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be 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.(Form#TRI GL 360PE(09-07)attached) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Warren County ACCORDANCE WITH THE POLICY PROVISIONS. 1340 State Route 9 AUTHORIZED REPRESENTATIVE Lake George NY 12845 -)8„e„ ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 360© 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 Included 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 Rented 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 $2,500 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© - 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-COVERAGES-COVERAGE A. BODILY INJURY AND PROPERTY DAMAGE LIABILITY: A. 2. Exclusions j. (3), (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 limit 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. All rights reserved. Page 2 of 5 2. Paragraph 6. of SECTION III - LIMITS OF INSURANCE is replaced by the following: 6. Subject to 5. above, the Damage To Premises Rented To You Limit of$100,000 is the most we will pay for damages because of"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. 5. 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-DEFINITIONS, 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-360 PE(09/07) ®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 II -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 IS 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. 9. 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(09/07) °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 SECTION 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 SHARING 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(09/07) °Copyright Argonaut Group Inc.2001. All rights reserved. Page 5 of 5 oRK workers' CERTIFICATE OF INSURANCE COVERAGE �ISTATE Compensation Board DISABILITY AND PAID FAMILY LEAVE BENEFITS LAW PART 1.To be completed by Disability and Paid Family Leave Benefits Carrier or Licensed Insurance Agent of that Carrier 1 a. Legal Name&Address of Insured(use street address only) 1 b.Business Telephone Number of Insured Blue Spruce Nursery Inc/Robert P. Daly, LLC PO Box 1319 518-877-8177 Clifton Park, NY 12065 Work Location of Insured(Only required if coverage is specifically limited to 1 c.Federal Employer Identification Number of Insured certain locations in New York Slate,i.e.,Wrap-Up Policy) or Social Security Number All Locations 141653881 2.Name and Address of Entity Requesting Proof of Coverage 3a.Name of Insurance Carrier (Entity Being Listed as the Certificate Holder) Arch Insurance Company 3b.Policy Number of Entity Listed in Box"1a" Warren County-Attorneys Office 1340 State Route 9 11 DBL0636600 Lake George, NY 12845 3c.Policy effective period 1/1/2019 to 12/31/2019 4. Policy provides the following benefits: ® A.Both disability and paid family leave benefits. B.Disability benefits only. U C.Paid family leave benefits only. 5. Policy covers: ® A.All of the employer's employees eligible under the NYS Disability and Paid Family Leave Benefits Law. • B.Only the following class or classes of employer's employees: Under penalty of perjury, I certify that I am an authorized representative or licensed agent of the insurance carrier referenced above and that the named insured has NYS Disability and/or Paid Family Leave Benefits insurance coverage as described above. Date Signed 8/2/2019 By - (Signature of insurance r s authorized representative or NYS Licensed Insurance Agent of that insurance carrier) Telephone Number 201-743-3937 Name and Title James lannicelli,AVP Accident& Health IMPORTANT: If Boxes 4A and 5A are checked,and this form is signed by the insurance carrier's authorized representative or NYS Licensed Insurance Agent of that carrier,this certificate is COMPLETE.Mail it directly to the certificate holder. If Box 4B,4C or 5B is checked, this certificate is NOT COMPLETE for purposes of Section 220, Subd.8 of the NYS Disability and Paid Family Leave Benefits Law. It must be mailed for completion to the Workers'Compensation Board, Plans Acceptance Unit, PO Box 5200, Binghamton, NY 13902-5200. PART 2.To be completed by the NYS Workers'Compensation Board (Only if Box 4C or 5B of Part 1 has been checked) State of New York Workers' Compensation Board According to information maintained by the NYS Workers'Compensation Board,the above-named employer has complied with the NYS Disability and Paid Family Leave Benefits Law with respect to all of his/her employees. Date Signed By (Signature of Authorized NYS Workers'Compensation Board Employee) Telephone Number Name and Title Please Note: Only insurance carriers licensed to write NYS disability and paid family leave benefits insurance policies and NYS licensed insurance agents of those insurance carriers are authorized to issue Form 08-120.1. Insurance brokers are NOT authorized to issue this form. DB-120.1 (10-17) 11 III1IIIIIOOiiiiiiiiiii111111IIIIIIIIiiiio11111 iIiIrrn comut rarr ofrMui s' RESOLUTION No. 469 OF 2018 RESOLUTION INTRODUCED BY SUPERVISORS THOMAS, MERLINO, STROUGH, WILD, SOKOL, BEATY,DICKINSON,GERAGHTY,FRASIER,DIAMOND AND MCDEVITT 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 2019 WHEREAS, the Warren County Budget allocated a total of Two Hundred and Fifty Thousand Dollars ($250,000) for the purpose of combating aquatic invasive species in 2019 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 2019, in the amounts specified below, with $125,000 to be paid from Budget Code A.6417.0002 480.07, Tourism/Occupancy, Occupancy Tax, Warren County Environmental Projects, 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. DECEMBER 21, 2018 BOARD MEETING