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4.36 AGREEMENTS\\Warren County – Accept Funds to Combat Glen Lake Invasive Species - 1-1-2021 RESOLUTION AUTHORIZING INTERMUNICIPAL AGREEMENT BETWEEN TOWN OF QUEENSBURY AND WARREN COUNTY TOWARD COMBATING AQUATIC INVASIVE SPECIES IN GLEN LAKE RESOLUTION NO.: ___________________________________________________, 2021 INTRODUCED BY: ___________________________________________________ WHO MOVED ITS ADOPTION SECONDED BY: ____________________________________________________ WHEREAS, by Resolution No.: 61 of 2021, 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 2021 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 2021 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. st Duly adopted 1 day of January, 2021, by the following vote: AYES : NOES : ABSENT : 2021 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 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 2021 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 2021, and WHEREAS, Warren County Board of Supervisors Resolution No. 442 of 2020 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 2021, 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 2021, • NOW, THEREFORE,the parties hereto agree as follows: 1. FUNDING Within thirty (30) days following execution of this Intermunicipal Agreement or at such Z:\Shared\2021 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-2021.wpd\art\874-A-039 12/16/2020 Page 1 of 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 2021. 2. REPORTING During the first quarter of 2022, 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 ofthe 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 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. 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 Iegal 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. hi 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\2021 Docs\Board of Supervisors\Aercements\IMA Town of Queensbury-202I.wpd\art\874-A-039 12/I6/2020 Page 2 of 8 furnish copies of said policies. 4. INDEMNIFICATION The Town shall be responsible for all damages, whether for bodily injury, life or property to the extent caused the 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 attorney's 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 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. 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. Z:\Shared\202I Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-202I.wpd\art\874-A-039 12/16/2020 Page 3 of 8 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 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 I-Iealth Act,the New York Labor Law, and all regulations promulgated pursuant to such laws) and to provide such protection as necessary to protect 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. 5. SEXUAL HARASSMENT 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, a copy of which can be found online at https://warrencountvnv.gov/hr/forms.php under the link labeled Discrimination and Harassment. The Wan-en County Sexual Harassment Policy 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, Z:\Shared\2021 Docs\Board of Supervisors\Agreements\1MA Town of Queensbury-2021.wpd\art\874-A-039 12/16/2020 Page 4 of 8 including but not limited to attorney's fees and all other costs to defense, resulting for the Town and/or agent's breach of this policy. 6. MISCELLANEOUS PROVISIONS a. Return of Surplus Funds. At the end of the calendar year 2021 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)of the 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 Z:\Shared\2021 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-2021.wpd\art1874-A-039 12/16/2020 Page 5 of 8 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 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. Z:\Shared\202I Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-202I.wpd\art\874-A-039 12/16/2020 Page 6 of 8 j. 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. k. 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 purposes of this Intermunicipal Agreement and all matter related thereto, with such facsimile, scanned and electronic signatures having the same legal effect as original signatures. 7. TERM. This Intermunicipal Agreement shall take effect immediately upon execution by both parties and terminate December 31,2021. 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:\Shared\202I Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-2021.wpd\art\874-A-039 12/16/2020 Page 7 of 8 IN WITNESS WHEREOF,this agreement has been executed by the duly authorized officers of the respective parties. Approved as to Form: COUNTY OF WARREN r . Warren BY: ��crsd County Attorney. �r,,�jam, FRANK THOMAS, CHAIRMAN Board of Supervisors Date: /Z//c1�20 Approved as to Form: TOWN OF QUEENSBURY By: Town of Queensbury Attorney JOHN F. STROUGH, SUPERVISOR Date: Z:\Shared\2021 Docs\Board of Supervisors\Agreements\IMA Town of Queensbury-2021 -Invasive species.wpd\art\874-A-039 12/16/2020 Page 8 of 8 { AC®RD CERTIFICATE OF LIABILITY INSURANCE OATE(rAr,,rDDIYlYY) 06/22/2020 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 have ADDITIONAL INSURED provisions orbe 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 Marshall&Sterling Upstate,Inc. PHONE (518)587-1342 FAX (518)587-1348 ((A 125 High Rock Ave.,Suite 206 /C,,No,Exit: (AIC,Sol: ADDRESS: mVrell@mdrShalislerling.Com INSURER(S)AFFORDING COVERAGE NAIC S Saratoga Springs NY 12866 INSURER A: Argonaut Insurance Co. 19801 INSURED INSURER B: Town of Queensbury • INSURER C: 742 Bay Road INSURER D INSURER E: Queensbury NY 12804 INSURER F: • COVERAGES CERTIFICATE NUMBER: CL2062285699 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 AUUL SU UK POLICY EFF POLICY EXP LIR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MMIDDIYYYY) (MMIDDIYYYY) LEESS X COMMERcIAL GENERAL LIABILITY 1,000,000 • EACH OCCURRENCE S ' CLAIMS•MADE IXIOCCUR DAMAGE TOHENibU 100,000 PREMISES(Ea occurrence S is MED EXP(Any one person) s EXCLUDED A Y PE•4624684 07/01/2020 07/01/2021 1000000 •' PERSONAL&ACV INJURY S , , \GEEN'LAGGREGATE LIMIT APPLIES PER: GENERALAGGREGATE S 3,000,000 /� POLICY I I JECT �I LOC 00 PRODUCTS•COMP/OPAG^u 5 3,00 0,0 OTHER: Employee Benefits Liab S included AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per per sod S OWNED BA•4624684 07/01/2020 07/01/2021 BODILY INJURY(Per accident) S A AUTOS ONLY __ SSCHEESULED HIRED NON•OWNED PROPERTY DAMAGE • AUTOS ONLY AUTOS ONLY (Par accident) S I: Underinsured motorist s 1,000,000 X UMBRELLA LIAR """""""" y"""'^ 10 000,000 .. — OCCUR FACHOCCURRENCE S • A EXCESS LIAR CLAIMS-MADE Y UMB•4624684 07/01/2020 07/01/2021 AGGREGATE 5 10,000,000 DED RETENTION S S WORKERS COMPENSATION - PER OTR• AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? n N IA (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 I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached it more space Is required) Warren County,its Board,officers and employees are listed as an additional insured on a primary,non-contributory basis when requires by a written contractor agreement.(Form#TRI GL 360PE(09.07)attached) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BECANCELLED BEFORE !i` THE EXPIRATION DATE THEREOF,NOTICE WILL BE DEUVERED IN Warren County ACCORDANCE WITH THE POLICY PROVISIONS. • 1340 State Route 9 AUTHORIZED REPRESENTATIVE Lake George NY 12845 G? J I 1) ©1988.2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD • 3600 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 t 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 fora 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 premiseswhite 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 2of 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 orser- 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 3of 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 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 liabililycov- 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 Jill8f � kcsimq itfertfinin RESOLUTION No. 442 OF 2020 RESOLUTION INTRODUCED BY SUPERVISORS GERAGHTY, FRASIER, CONOVER, DIAMOND, DICKINSON,MCDEVITT,SEEBER,STROUGH AND WILD 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 2021 WHEREAS,the Warren County Budget allocated a total of Two Hundred Fifty Thousand Dollars ($250,000)for the purpose of combating aquatic invasive species in 2021 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 2021, 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-$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 18,2020 BOARD MEETING