Loading...
3.02 3.2 SERVICES\Invasive Solutions Dive Company—Glen Lake Aquatic Project 2020—Suction Harvesting —Waive Purchasing Policy-5-4-2020 RESOLUTION AUTHORIZING ENGAGEMENT OF INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: ,2020 INTRODUCED BY: WHO MOVED ITS ADOPTION SECONDED BY: WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 308,2019, the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No.: 285,2019, the Town Board authorized engagement of Invasive Solutions Dive Company, LLC to complete an Aquatic Vegetation Management Program for Glen Lake in 2019(Program), and WHEREAS, in Chapter 3(C)(2)(f) of the Town Purchasing Procedures, upon the Town Board considering the reasonableness of the fee, it may engage a particular professional which was previously used with the Project without soliciting multiple vendors, and WHEREAS, the Town Board therefore wishes to engage the services of Invasive Solutions Dive Company, LLC for Glen Lake in 2020 by Invasive Solutions Dive Company, LLC providing four, 40-hour work weeks between May and October for a total amount of$30,420 in accordance with Invasive Solutions Dive Company, LLC's Aquatic Invasive Plant Removal Agreement presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and NOW, THEREFORE, BE IT RESOLVED, that for the reasons outlined above, in these circumstances the Queensbury Town Board hereby waives its requirement under the Town of Queensbury's Purchasing Policy for two (2) written quotes, and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes engagement of Invasive Solutions Dive Company, LLC for an Aquatic Vegetation Management Program for Glen Lake in 2020 (Project) by Invasive Solutions Dive Company, LLC providing four, 40-hour work weeks between May and October for a total amount of $30,420 in accordance with its Aquatic Invasive Plant Removal Agreement substantially in the form presented at this meeting, contingent upon submission of a valid certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 and/or take any actions necessary to provide for such payment,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Aquatic Invasive Plant Removal Agreement substantially in the form presented at this meeting and/or any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all actions necessary to effectuate the terms of this Resolution. Duly adopted this 4`h day of May, 2020, by the following vote: AYES : NOES : ABSENT: AQUATIC INVASIVE PLANT REMOVAL AGREEMENT Agreement made this day of , 2020 by and between Invasive Solutions Dive Company, LLC with an address at P.O. Box 389, Saranac Lake, NY 12983 sometimes hereinafter referred to as Contractor and the Town of Queensbury with an address of 742 Bay Rd, Queensbury,NY 12804 sometimes hereinafter referred to as Client. In consideration of the mutual promises contained herein Client hereby hires Contractor to remove aquatic invasive and nuisance plant species services as described herein. Client hires Contractor and Contractor hereby agrees to remove aquatic invasive and nuisance plant species from affected areas of Glen Lake by having divers enter the water and physically remove plants. Appropriate equipment and tools may be utilized. Term. The term of this contract shall run from January 1, 2020 and end on December 31, 2020 inclusive. The work season covers 4 weeks to be worked between the months of May and October. Each week covers 40 hours per week per worker. (It is anticipated that each worker will work four, 10-hour days per week). Workdays are considered to be Monday through Friday; and The method and means used to perform the services shall be in the sole discretion of contractor however such services shall include the following: 1) Contractor is to provide supervision support and management for aquatic invasive and nuisance plant species removal. 2) Contractor agrees to be solely responsible for the supervision, general liability, workers compensation, withholding, disability and unemployment insurance coverage for all persons in its employ hired to complete the subject services. The general liability insurance will have coverage as described below: a. Policy covering the obligations of contractor in accordance with the provisions of the Worker's Compensation Law. b. Policies of bodily injury liability and property damage liability insurance of the types hereinafter specified, each with limits of liability of not less than$2,000,000 for all damages arising out of injury to person or destruction of property in any one accident with a total of$4,000,000 general aggregate. c. Liability insurance issued to and covering the liability of each of the contractor's subcontractors if any, with respect to all work performed by said subcontractors under this Contract. d. Town of Queensbury and the Glen Lake Protective Association will be added as an Additional Insured with respect to all operations under this Contract by the Contractor or by its subcontractors. 3) Contractor to supply trained divers to conduct aquatic invasive and nuisance plant species removal in affected areas of Glen Lake. Each crew will consist of two divers and one dive tender(crew leader.) 4) Contractor is to provide summary of work completed indicating plants harvested, total poundage and the areas worked by supply of harvest maps. Client agrees to file and pay for and obtain any and all necessary permits or licenses at Client's sole cost and expense such that Contractor's services will be in full compliance with all appropriate governmental, municipal, departmental or quasigovernmental rules and regulations including any which may be promulgated by, delegated by, controlled by, or overseen, or issued by any such entities including but not limited to the Adirondack Park Agency,the New York State Department of Environmental Conservation,the Federal Environmental Protection Agency,or any town,village, hamlet, county, or the State of New York. Compensation. Client agrees to pay contractor the sum of $30,420 for 4, 40-hour workweeks with one boat, which boat is to have two divers and one dive tender during calendar year 2020. If during the contract year Client should decide they want to secure any additional workweeks,the parties will execute a work order in advance for said additional work,which work order can be sent by email. Method of payment. Client shall pay a retainer fee in the sum equal to 20%of Contract due upon signing of this Contract so as to secure Contractor for the 2020 calendar year. This initial annual retainer fee shall be nonrefundable. This amount shall be deemed liquidated damages as a reasonable estimate of the upfront overhead costs and initial payroll and boat preparation expenses. The remaining Contract balance will be distributed over the project timeline (i.e.: outset of diving to completion) in payments invoiced weekly (this billing will be done by email) and client agrees such bills will be paid within ten days after being invoiced. If there are missed hours or lost time during any week, those amounts (hourly pay plus payroll overhead) will be deducted from the invoice. This billing shall be done by way of email to Joanne Watkins at joannew@queesnbury.net. The parties agree that Contractor is an independent contractor with respect to the Town of Queensbury and Contractor is not an employee of the Town of Queensbury. Expenses.Other than as already set forth herein,Contractor and Client shall pay all of their own expenses (including legal and accounting) incurred in connection with the transactions contemplated by this Agreement, whether or not the same are consummated. The parties each acknowledge to the other that they are not aware of any brokers or finders' fees due in connection with this transaction, and if any fees are due, they shall be paid by the party who committed to the payment thereof. Force Majeure. Except with respect to payment obligations under this agreement no party shall be liable for any costs or damages nor shall such party be considered in breach of this agreement due to any delay or nonperformance or any failure to perform its obligations under this agreement arising out of any cause or event beyond such party's control, including, without limitation, cessation of services hereunder or any damages resulting therefrom to the other party as a result of work stoppage,natural disaster,governmental action,acts of God; earthquakes;fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; states of emergency; riots; power failures; unavailability or difficulty in obtaining supplies or material from usual or customary sources or any other cause whether similar or dissimilar to any of the foregoing which could not have been prevented by such party with reasonable care. All dates under this agreement that have been affected by force majeure other than the obligation to make payments shall be tolled for the duration of such force majeure. In no event shall any party be required to prevent or settle any labor disturbance or dispute. Notwithstanding the foregoing in the event of such an occurrence each party agrees to make a good faith effort to perform its obligations hereunder. Waiver of Breach. The waiver by either party of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by any party. Multiple Counterparts. This Agreement may be executed in a number of identical counterparts,each of which for all purposes is to be deemed an original,and all of which constitute, collectively, one agreement. In making proof of this Agreement, it shall not be necessary to produce or account for more than one such counterpart. Notices. Unless another form of notice is expressly authorized in this Agreement, any notice written or required by this Agreement shall be in writing and shall be deemed sufficient on the date after the date of personal delivery or on the first business day after overnight delivery or three days after being sent by fax or three days after being sent by registered or certified mail,with postage pre-paid,and addressed to the party to be noticed at such party's address or fax number as set forth below, or as subsequently modified by written notice: To Contractor: Invasive Solutions Dive Company, LLC P.O. Box 389 Saranac Lake,NY 12983 To Client: Town of Queensbury 742 Bay Rd Queensbury,NY 12804 Any party may change its address by delivering a written change of address to the other party in the manner set forth in this Section. Entire Agreement. This Agreement constitutes the entire understanding of the parties and supersedes all prior understandings, whether written or oral, between the parties with respect to the subject matter of this Agreement. No amendment, modification or alterations of the terms of this Agreement shall be binding unless in writing, dated after the date of this Agreement, and duly executed by all parties. Severability of Provisions. If any term or provision of this Agreement is illegal or invalid for any reason, such illegality or invalidity shall not affect the validity or enforceability of the remainder of this Agreement. Headings. No heading or caption contained in this Agreement shall be considered in interpreting any of its terms or provisions. Applicable Law. This Agreement shall be construed in accordance with the laws of the State of New York. The parties agree to submit themselves to jurisdiction in New York State. Attorneys' Fees. Other than as expressly provided herein, if any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement,the prevailing party shall be entitled to recover reasonable attorneys'fees and all other costs and expenses of litigation from the other party,which amounts may be set by the court in the trial of such action or may be enforced in a separate action brought for that purpose, and which amounts shall be in addition to any other relief which may be awarded. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs,personal representatives, executors, successors and assigns. The parties have executed this agreement on the date and year first written above. Invasive Solutions Dive Company, LLC By: Daniel Cashin, President Town of Queensbury By: John Strough, Supervisor • AC D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/13/2020 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 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 NAME: Russell Bond&Co.Inc. (A/C, E Ext): FAX (A/C,No): 295 Main Street E-MAIL ADDRESS: Suite 866 INSURER(S)AFFORDING COVERAGE NAIC# Buffalo NY 14203 INSURERA: Evanston Insurance Co 35378 INSURED INSURER B: Westchester Surplus Lines Ins Co 10172 Invasive Solutions Dive Company LLC INSURER C: PO Box 389 INSURER D: INSURER E: Saranac Lake NY 12983 INSURER F: COVERAGES CERTIFICATE NUMBER: 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. ILTR TYPE OF INSURANCE R N�WVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS tMM/DDJYYYY) (MM/DD/YYW) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE g $2,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES PREMISES(Ea occurrence) 5 MED EXP(Any one person) $ 1,000 A _ 9CD85782 04/12/2020 04/12/2021 PERSONAL 8ADVINJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OP AGG $ N/A OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) $ UMBRELLA LIAB _ OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABIUTY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Contractors Professional Liabliity $2,000,000 G71118927003 04/12/2020 04/12/2021 $4,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The certificate holder is an additional insured subject to the terms and conditions of form CG2010 attached to the policy,to the extent provided therein.Primary and Non Contributory and Waiver of Subrogation is applied. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Glen Lake Protective Association ACCORDANCE WITH THE POLICY PROVISIONS. PO Box 4135 AUTHORIZED REPRESENTATIVE 'j Queensbury NY 12804 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD ACOR0 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 04/17/2020 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 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 NAME: Russell Bond&Co.Inc. PHONE No,Eat): FX (A/AC,No): 295 Main Street E-MAIL ADDRESS: Suite 866 INSURER(S)AFFORDING COVERAGE NAIC# Buffalo NY 14203 INSURER A: Evanston Insurance Co 35378 INSURED INSURER B: Westchester Surplus Lines Ins Co 10172 Invasive Solutions Dive Company LLC INSURER C: PO Box 389 INSURER D: INSURER E: Saranac Lake NY 12983 INSURER F: COVERAGES CERTIFICATE NUMBER: 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 -ADULSUHH POLICYEFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ $2,000,000 DAMAGE TO RENTED CLAIMS-MADE X OCCUR PREMISES(Ea occurrence) $ 50,000 MED EXP(Any one person) $ 1,000 A X X 9CD85782 04/12/2020 04/12/2021 PERSONAL&ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ $4,000,000 X POLICY PRO- JECT LOC PRODUCTS-COMP/OPAGG $ N/A OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Peri $ AUTOS AUTOS accident) HIRED AUTOS NON-OWNED PROPERTY DAMAGE $ _ AUTOS (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) If yes,describe under E.L.DISEASE-EA EMPLOYEE $ DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ B Contractors Professional Liabliity X X G71118927003 04/12/2020 04/12/2021 $2,000,000 $4,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space Is required) The Certificate Holder is an additional insured subject to the terms and conditions of form MEOM 2217 attached to the policy to the extent provided therein on a Primary and Non Contributory basis per form MEOM 2221 and with Waiver of Subrogation per form MEOM 2206 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Town of Queensbury ACCORDANCE WITH THE POLICY PROVISIONS. 742 Bay Road AUTHORIZED REPRESENTATIVE it10 ,, a�a+Kh- Queensbury NY 12804 1 ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD MARINE LIABILITIES LIABILITY PREMIUM: 11111111111111 COVERAGES: Commercial General Liability COVERAGE LIMITS: General Aggregate Limit: $4,000,000.00 Products-Completed Operations Aggregate Limit: N/A Personal and Advertising Injury Limit: $2,000,000.00 Each Occurrence Limit: $2,000,000.00 Fire Damage Limit: $50,000.00 Medical Expense Limit: $1,000.00 DEDUCTIBLE: DESCRIPTION OF HAZARDS/INSURED CLASSIFICATION(S): DESCRIPTION PREMIUM BASIS RATE D PRE 91666 -Diving -Marine-Vegetation Management Blanket Additional Insured Additional Insured-Glen Lake 1 Unit(s) $100.00 each $100.00 Protective Association Additional Insured Primary&Non- 1 Unit(s) $150.00 each $150.00 Contributory Waiver of Subrogation 1 Unit(!) $250.00 each $250.00 FORMS & ENDORSEMENTS: MIL 1214 09 17, MPIL 1007 03 14, MPIL 1041 02 12, MPIL 1083 04 15, MJIL EVANSTON 1000 08 10, IL 00 17 11 98, MEOM 2200 06 14, MEIL 1200 01 10, 011-1091 (1/06), MEOM 2302 01 15, OM-1061-3 05 16, MEOM 2222 05 16, CG 00 01 04 13, CG 21 04 11 85, CG 21 39 10 93, MEIL 1211 (06/10) -25% minimum earned, MEGL 0008 01 16, MEGL 1847 12 15, MEOM 2206 05 16, MEOM 2214 05 16, MEOM 2217 05 16, MEOM 2221 05 16, MEOM 2224 05 16,TRIA Form MEOM 2201 (only if TRIA is accepted) • Add form CG 20 10 04 13 RESOLUTION ADOPTING 2019 GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT BENEFIT TAX ROLL RESOLUTION NO.: 308,2019 INTRODUCED BY: Mr.Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs. Jennifer Switzer WHEREAS, the Queensbury Town Board previously scheduled a public hearing concerning adoption of the proposed Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 and filed the completed Tax Roll in the Queensbury Town Clerk's Office, and WHEREAS, the Town Clerk posted and published the required Notice of Public Hearing and also mailed copies of the Notice to all property owners within the Benefit Assessment District, and WHEREAS, the Town Board duly conducted a public hearing on Monday, September 23`d, 2019 and heard all interested persons, NOW, THEREFORE, BE IT RESOLVED, that the Queensbury Town Board hereby approves, confirms and adopts the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll for 2019 at the following rate: District Units Amount to be Raised Tax Rate/Unit Glen Lake Aquatic Plant Growth 1333.85 I I 46,739 I I 140. Control and BE IT FURTHER, RESOLVED, that the Town Board hereby authorizes and directs the Town Clerk to issue a warrant to be signed by the Town Supervisor and Town Clerk commanding the Town Tax Receiver to collect the sum(s) from persons named in the assessment roll and to pay the sum(s) to the Town. Duly adopted this 23`d day of September, 2019 by the following vote: AYES : Mr. Metivier, Mrs. Atherden, Mr. Ferone, Mrs. Switzer, Mr. Strough NOES : None ABSENT: None RESOLUTION AUTHORIZING ENGAGEMENT OF INVASIVE SOLUTIONS DIVE COMPANY, LLC FOR DIVER ASSISTED SUCTION HARVESTING IN CONNECTION WITH GLEN LAKE AQUATIC VEGETATION MANAGEMENT PROGRAM RESOLUTION NO.: 285,2019 INTRODUCED BY: Mr. Anthony Metivier WHO MOVED ITS ADOPTION SECONDED BY: Mrs.Jennifer Switzer WHEREAS, by Resolution No.: 305,2011, the Queensbury Town Board adopted its Final Order authorizing, approving and establishing the Glen Lake Aquatic Plant Growth Control District, and WHEREAS, by Resolution No.: 349,2018,the Town Board adopted the Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll,and WHEREAS, by Resolution No.: 92,2019, the Town Board authorized engagement of Aqualogic, Inc. for an Aquatic Vegetation Management Program for Glen Lake in 2019(Program), and WHEREAS, Aqualogic, Inc., was unable to complete the Program and therefore the Glen Lake District Advisory Committee has recommended that the Town Board authorize engagement of Invasive Solutions Dive Company, LLC to complete the Project by providing two, 40-hour work weeks for a total amount of$14,960 in accordance with Invasive Solutions Dive Company, LLC's proposed Aquatic Invasive Plant Removal Agreement presented at this meeting, NOW,THEREFORE,BE IT RESOLVED, that the Queensbury Town Board hereby authorizes engagement of Invasive Solutions Dive Company, LLC to complete the final two weeks of the Aquatic Vegetation Management Program for Glen Lake in 2019 (Project)by providing two, 40-hour work weeks for a total amount of $14,960 in accordance with its Aquatic Invasive Plant Removal Agreement substantially in the form presented at this meeting, contingent upon submission of a valid certificate of insurance in form and amounts acceptable to the Town Supervisor and/or Town Budget Officer, and BE IT FURTHER, RESOLVED, that the Town Board authorizes and directs the Town Budget Officer to pay expenses incurred from appropriations in the Glen Lake Misc. Contractual Account No.: 051- 8790-4400 and/or take any actions necessary to provide for such payment,and BE IT FURTHER, RESOLVED, that the Town Board further authorizes and directs the Town Supervisor to sign the Aquatic Invasive Plant Removal Agreement and/or any other needed documentation and the Town Supervisor and/or Town Budget Officer to take any and all action necessary to effectuate the terms of this Resolution. Duly adopted this 19th day of August,2019,by the following vote: AYES : Mr. Metivier, Mrs. Atherden,Mr. Ferone,Mrs. Switzer,Mr. Strough NOES : None ABSENT: None I.Karen A.O'Brien,Deputy Town Clerk of the Town of Oueensbury,Warren bounty, New York,do hereby certify that I have compared a foregaing with the original resolution as listed above adopted at a meeting of the Town Board of the Town of Queensbury held on the I GO- ` day of V)t-,>J 20(fit which a quorum was present and that the same is a correct transcript therefrom and of the whole original thereof to date. IN WITNESS THEREOF,I have hereto set my hand and the SEAL of said Town [ of Queensbury,thisaCstr`day of �Svs4 • SEAL SIGNED: q '� Karen A.O'Brien • Deputy Town Clerk Town of Queensbury •