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3.02 3.2 SERVICES\\Solitude Lake Management – NYS DEC Permit Application & Pre-Treatment Survey of Glen Lake–Waive Purchasing Policy–3-8-21 RESOLUTION AUTHORIZING ENGAGEMENT OF SOLITUDE LAKE MANAGEMENT FOR PREPARATION AND FILING OF NYS DEC PERMIT APPLICATION AND COMPLETION OF PRE-TREATMENT SURVEY RELATING TO GLEN LAKE AQUATIC PLANT GROWTH CONTROL DISTRICT RESOLUTION NO.: ____________________________________________________, 2021 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.: 312,2020, the Town Board adopted the 2021 Glen Lake Aquatic Plant Growth Control District Benefit Tax Roll, and WHEREAS, by Resolution No: 110,2020, the Town Board authorized engagement of Solitude Lake Management for the Aquatic Vegetation Management Program for Glen Lake in 2020, which Program provided for Solitude Lake Management’s herbicide treatment for control of Eurasian water milfoil and Illinois pondweed within portions of Glen Lake, 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 wishes to again engage the services of Solitude Lake Management for preparation and filing of New York State Department of Environmental Conservation Permit applications and completion of a pre-treatment survey relating to the 2021 Aquatic Vegetation Lake Management Contract for Glen Lake for the amount of $3,245 as delineated as Tasks 1 and 2 in Solitude Lake Management’s Lake Management Contract dated February 22, 2021 presented at this meeting, and WHEREAS, the Town will adhere to all New York State Law bidding requirements, and WHEREAS, the Town Board previously conducted SEQRA review and issued a SEQRA Negative Declaration in 2018, 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 Solitude Lake Management for the preparation and filing of the New York State Department of Environmental Conservation Permit applications and completion of a pre-treatment survey relating to the 2021 Aquatic Vegetation Lake Management Contract for Glen Lake for the amount of $3,245 as delineated as Tasks 1 and 2 in Solitude Lake Management’s Lake Management Contract dated February 22, 2021 substantially in the form presented at this meeting, contingent upon the Town’s receipt of a proper certificate of insurance in form acceptable to the Town, 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 not to exceed $3,245 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 any needed documentation, including Permit Applications with the New York State Department of Environmental Conservation, and the Town Supervisor, Town Budget Officer and/or Town Purchasing Agent to take any and all action necessary to effectuate the terms of this Resolution. th Duly adopted this 8 day of March, 2021, by the following vote: AYES : NOES : ABSENT: SQLITLDE LAKE MANAGEMENT LAKE MANAGEMENT CONTRACT PROPERTY NAME: Glen Lake-G1097 CONTRACT DATE: February 22, 2021 SUBMITTED TO: Town of Queensbury and Glen Lake Protective Association SUBMITTED BY: Glenn Sullivan SPECIFICATIONS: 2021 Treatment of Illinois Pondweed and Brittle Naiad using Aquathol Super K This agreement (the "Agreement") is made as of the date indicated above, and is by and between SOLitude Lake Management, LLC ("Solitude" or the "Company") and the customer identified above (the "Customer") on the terms and conditions set forth in this Agreement. 1. The Services. SOLitude will provide services at the Customer's property as described in Schedule A attached hereto: 2. PAYMENT TERMS. The fee for each service is shown below. The Customer shall pay upon completion of each task of this service, as shown below. Task it Prepare ond tile NY PE P'ermitf tppfcations $",-2:025= Task 2: Pre Treatment Survey $ 1450.00 Task 3: Treatment 5-19 acres $ 2,233.00/acre 20-37 acres $ 2,150.00/acre Task 4:Post-treatment monitoring of Aquathol K (4 sites) $ 1,460.00 Task 4a: Additional samples, if required $ 325.00/sample Task 5: Aquatic Plant Mapping Survey (Post-treatment) $ 3,300.00 Task 6: Prepare and file NYSDEC Annual Report $ 650.00 Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITU DELAKEMANAGEM ENT.COM 888.480.LAKE(5253) • Glen Lake—Town of Queensbury, NY 2021 Lake Management Contract Page 2 of 6 Should the work performed be subject to any local, state, or federal jurisdiction, agency, or other organization of authority for sales or other taxes or fees in addition to those expressly covered by this contract, customer will be invoiced and responsible for paying said additional taxes in addition to the fee above. Customer agrees to pay all invoices within thirty (30) days of invoice date.The Customer will be liable for any returned check fees and any collection costs, including reasonable attorney fees and court costs, for any invoices not otherwise timely paid, and interest at the rate of 1% per month may be added to all unpaid invoices. Company shall be reimbursed by the Customer for any non-routine expenses, administrative fees, compliance fees, or any other similar expense that are incurred as a result of requirements placed on the Company by the Customer that are not covered specifically by the written specifications of this contract. 3. TERM AND EXPIRATION.This Agreement is for a one-time service as described in the attached Schedule A. Any additional services will be provided only upon additional terms as agreed to by the parties in writing. 4. DISCLAIMER. SOLitude is not responsible for the failure of any treatment, equipment installation, or other work that result from dam or other structural failures, severe weather and storms, flooding, or other acts of God that are outside of the control of SOLitude. Customer understands and acknowledges that there are irrigation restrictions associated with many of the products used to treat lakes and ponds. The customer is responsible for notifying SOLitude in advance of the contract signing and the start of the contract if they utilize any of the water in their lakes or ponds for irrigation purposes. The customer accepts full responsibility for any issues that may arise from the irrigation of turf, ornamentals, trees, crops, or any other plants as a result of treated water being used by the customer for irrigation without the consent or knowledge of SOLitude. Although there is rarely direct fish toxicity with the products used for treatment when applied at the labeled rate, or the installation and normal operation of the equipment we install, there is a risk under certain circumstances of significant dissolved oxygen drops.This risk is most severe in times of extremely hot weather and warm water temperatures, as these are the conditions during which dissolved oxygen levels are naturally at their lowest levels. Often times lakes and ponds will experience natural fish kills under these conditions even if no work is performed. Every effort, to include the method and timing of application, the choice of products and equipment used, and the skill and training of the staff, is made to avoid such problems. However, the customer understands and accepts that there is always a slight risk of the occurrence of adverse conditions outside the control of SOLitude that will result in the death of some fish and other aquatic life. The customer also Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of Solitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of Solitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITU DELAKEMANAGEM ENT.COM 888.480.LAKE(5253) f s TeeNOM Glen Lake—Town of Queensbury, NY 2021 Lake Management Contract Page 3 of 6 understands and accepts that similar risks would remain even if no work was performed. The customer agrees to hold SOLitude harmless for any issues with fish or other aquatic life which occur as described above or are otherwise outside the direct control of the SOLitude, unless there is willful negligence on the part of SOLitude. While SOLitude Lake Management LLC makes every effort to thoroughly inspect the site before providing this contract proposal or beginning any work, it is possible, without fault or negligence, that unforeseen circumstances may arise, or that hidden conditions on the site might be found in the course of the performance of the contract work, which would result in additional time or material costs that exceed this contract pricing. Should this occur, the customer will be notified of these unforeseen circumstances or conditions and be responsible for the costs associated with remedying. By signing this agreement, the customer acknowledges that they have informed SOLitude Lake Management®of all known and relevant current site conditions that would be reasonable to expect could affect our ability to successfully complete the contract work. 5. INSURANCE AND LIMITATION OF LIABILITY. Solitude will maintain general liability and property damage insurance as necessary given the scope and nature of the Services.The Company will be responsible for those damages, claims, causes of action, injuries, or legal costs to the extent of its own direct negligence or misconduct, and then only to an amount not to exceed the annual value of this Agreement. In no event will any party to this Agreement be liable to the other for incidental, consequential or purely economic damages. 6. FORCE MAJEURE.The Company shall not be liable for any delay in performing the Services, nor liable for any failure to provide the Services, due to any cause beyond its reasonable control. 7. ANTI-CORRUPTION AND BRIBERY. Each party represents that neither it nor anyone acting on its behalf has offered, given, requested or accepted any undue financial or other advantage of any kind in entering into this Agreement, and that it will comply with all applicable laws and regulations pertaining to corruption, competition and bribery in carrying out the terms and conditions of this Agreement. 8. GOVERNING LAW.This Agreement shall be governed and construed in accordance with the laws of the state in which the Services are performed. 9. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties with respect to the subject matter and replaces any prior agreements or understandings, whether in writing or otherwise. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITU DELAKEMANAG EM ENT.COM 888.480.LAKE(5253) wows Glen Lake—Town of Queensbury, NY 2021 Lake Management Contract Page 4 of 6 This Agreement may not be modified or amended except by written agreement executed by both parties. In the event that any provision of this Agreement is determined to be void, invalid, or unenforceable, the validity and enforceability of the remaining provisions of this Agreement shall not be affected. 10. NOTICE. Any written notice provided under this Agreement may be sent via overnight mail, certified mail, hand delivery or electronic mail with delivery confirmation, to the individuals and addresses listed below. 11. BINDING.This Agreement shall inure to the benefit of and be binding upon the legal representatives and successors of the parties. ACCEPTED AND APPROVED: SOLITUDE LAKE MANAGEMENT, LLC Town of Queensbury By: By: Name: Name: Title: Title: Date: Date: Please Remit All Payments to: Customer's Address for Notice Purposes: 1320 Brookwood Drive Suite H Little Rock, AR 72202 Please Mail All Contracts to: 2844 Crusader Circle, Suite 450 Virginia Beach, VA 23453 Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITU DELAKEMANAG EM ENT.COM 888.480.LAKE(5253) altOMM Glen Lake—Town of Queensbury, NY 2021 Lake Management Contract Page 5 of 6 SCHEDULE A—MANAGEMENT SERVICES Task 1:Permitting: SOLitude staff will be responsible for the following: 1. Preparing and submitting NYSDEC Aquatic Pesticide and Freshwater Wetland permits as needed, including the required NYSDEC permit fees. 2. Updating the NOI and PDMP for Glen Lake as needed. 3. Collecting address list and mailing of notification to all riparian owners as required downstream. 4. Notifying the client of any restrictions or special conditions put on the site with respect to any permit received. 5. Posting the shoreline with water use restrictions prior to application. 6. Filing of any notices or year-end reports with the appropriate agency as required by any related permit. Client Responsibilities: 1. Client will be responsible for the following: a. Providing suitable launching site for boats on trailers for treatments and inspections. b. Providing information required for the permit application process upon request. c. Compliance with any Conditions or other special requirements or conditions required by the local municipality, unless otherwise agreed to in writing by SOLitude. d. Compliance and enforcement of temporary water-use restrictions where applicable. e. Removal of warning posters once water use restrictions are removed. Task 2: Pre-Treatment Survey: 1. The lake will be surveyed focusing on the proposed treatment areas in Spring, once pondweed growth is observed. 2. The survey will confirm the presence of target plants in the treatment areas and will determine which of the areas will be treated under the approved permit. Task 3: Herbicide Treatment: 1. Glen Lake will be treated for control of Illinois Pondweed and Brittle Naiad. 2. A minimum of 5 acres in total will be treated, to a maximum of 37 acres or the limit identified in the approved NYSDEC permit. 3. The herbicide Aquathol Super K (endothall) will be applied at a rate of 3.5 ppm. 4. Swimming will be restricted in the lake until the day after application. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITUDELAKEMANAGEM ENT.COM 888.480.LAKE(5253) Glen Lake—Town of Queensbury, NY 2021 Lake Management Contract Page 6 of 6 5. Drinking water use will be restricted until sample results indicate that the level of endothall in the water is less than 50 ppb. This may take 10-15 days to confirm and get approval by NYSDEC. 6. There will be no restriction on fishing or irrigation use following application. Task 4: Herbicide Residue Sampling: 1. Following treatment, SOLitude will collect four water samples 10-14 days after treatment for analysis of herbicide residue according to the NYSDEC permit requirements. 2. Additional sample dates will be conducted as necessary to fulfill permitting requirements until below the applicable thresholds to lift water-use restrictions. Task 5: Aauatic Plant Mapping Survey: 1. A point-intercept plant survey will be performed in August/September to assess treatment results and help guide future nuisance plant management and potential herbicide treatment needs in the lake for the following year. 2. The survey will duplicate past mapping survey efforts for easy year-to-year comparison. 3. A report will be submitted in November-December summarizing the plant survey results and recommending actions for the following year, Year End Report: 1. The NYSDEC Annual regulatory compliance reporting will be fulfilled as required. Competitively Sensitive & Proprietary Materials—The information contained herein is the intellectual property of SOLitude Lake Management. Recipient may not disclose to any outside party any proprietary information, processes, or pricing contained in this document or any of its attachments without the prior written consent of SOLitude Lake Management. This document is provided to the recipient in good faith and it shall be the responsibility of the recipient to keep the information contained herein confidential. SOLITU DELAKEMANAGEM ENT.COM 888.480.LAKE(5253)