State of New York County of Broome Government Offices Office of the Broome County Executive Jason' T Garnar, County Executive January 10, 2022. Town ofWindsor 124 Main St. Windsor, NY 13865 Re: Contract Renewal = dog,control seryices CA975-3-3P Dear Contractor: agreement previous agreement By Permanent Resolution No. 522, duly adopted on 12/16/21, the Broome: County Legislature has authorized the undersigned to forward to you: this letter agreement for the purpose of renewing the preyious between the parties dated 3/3/17, for an additional six-year termi from the date upon which the would have terminated. All terms and conditions: of the above agréement shall remain in full force and effect, with the following exceptions: A: Said agreement shall be modified to: provide for a substitution of the sum noti toy exceed $9,238.30; for the term 1/1/22-12/31/22. The fee for the term 2023-2027: shall be adjusted annually in accordance with the CPI of. June oft the previous year, B. Said agreement previous term. for the previous set. shall be modified to provide for a substitution of ther term 1/1/22-12/31/27, for the C Saidagreement shall be modified to provide for the substitution of the attached insurance requirements Ifyou are in agreement with the terms of this letter, please éxécute where indicated, in the lower left- hand corner of the letter, and return the original to the Broome County Law Department, Edwin L. lis Crawford County Office Building, P. 0. Box 1766, Binghamton, New York, 13902. An extra copy enclosed herewith for your records. Enc.. ACCEPTED:: TOWN TOF WINDSOR. By Title Date Very truly yours; MB2ip MICHAELXPONTICIELLO Deputy County Executive 60 Hawley Street P.O. Box 1766: Binghamton, Newi York 13902: Broome County Office Building Phone: (607) 778-2109-1 Faxi (607) 778-2044: wwwgpbrpomeounycon 45 A wppi Permanent No: 2021-522 Date Adopted 12/16/2021 Effective Date/2720/21 nLoNG. Date 13/16/2021 Co. Reviewedby Atlomey Date RESOLUTION BROOME COUNTY LEGISLATURE BINGHAMION, NEW YORK Sponsored by,. Public Safety & Emergency: Services and Finance Committees. Seconded by: Hon. Scott D, Baker RESOLUTION AUTHORIZING RENEWAL OF THE AGREEMENTS: WITH THE CITY OF BINGHAMTON. AND VARIOUS BROOME COUNTYTOWNS: FOR DOG SHELTER SERVICES FORTHEDEPARTMENT OF PUBLIC WORKS DMSIONOFSECURITYFOR20222027 WHEREAS, this County Legislature; by Resolution 462 of 2016 authorized renewal ofi agreements with the Cityi of Binghamton andi various Broome County Towns for dog shelter services at the Front Street Dog: Shelter for the Department of Pyblic Works Division of Security: with! revenue from impoundment fees, parficipating municipallties' Section I rebate df licensing fees,o and adoption fees, plus the Cily of Binghamton andt the participating Towns paying an annuall fee tothe County for the period January 1, 2017 through December 31. 2021 and WHEREAS. said agreements expire by their terms on. December31, 2021, andi titis desired at this time tol renew: said agreements with the 2022 annual fee and: each annuals fee adjusted annually thereatter in. accordance with: theCPL of June the prevlous year for the period January 1 RESOLVED, that this County.l Legislature hereby authorizes the renewal af the agreements with the City of Binghamton and various Broome County Towns for dog shelter services for the Department of Public" Works Divisions of Security for the period January 1, 2022 through December FURTHER: RESOLVED, that in consideration of saidi services, the County shall, retain. all impoundment fees as set by the Legislature and collected by the Sheller,; all adoption fees collected by the Shelter and the City of Binghamton and; the Towns of Barker, Chenango. Conklin, Dickinsan, Fenton, Kiriwood, Nanticoke, Union and Windsor shall pay the County an annual fee: 2022 through December: 31,2027, now, therefore,beit 31, 2027. and beit ifor 2022: asi follows: Municipallty Barker Chenango Conklin Dickinson Fentoni Kirkwood Nanticoke Onion Windsor and'ben 2022, $3,949.60 $16,454.84 $8,534.89 7,672.00 $9,94171 $8,125.29 $2,589.74. $60,776.39 $9,23830 City ofBinghamton $63,578.02: Permanent No, 2021-522 Date Adopted 12/16/2021 Effective Date/2/20/21 Intro'Na Date Revlewedby Co Allorney Date 45 19/16/2021 RESOLUTION BROOME COUNTY LEGISLATURE BINGHAMTON, NEWYORK FURTHER RESOLVED, thati the fee for 2022-2027 for the City ofi Binghamton and the Towns of Barker, Chenanga, Conklin, Dickinson, Fenton, Kirkwood, Nantiçoke, Union, and Windsor shall be adjusted annually thereafter ins accordance with the CPL of June of. the previous FURTHER RESOLVED, that the revenue: hereinabove authorized 'shalll be creditedi tor budget lline 200003.500187,1010 Reimbursement. Animal Shelter) and) beit FURTHER RESOLVED. that the County Executive or his duly authorized representativeis hereby empowered to exeçute anyi such agreements; documents, or papers, approved as to fom by the Department of Law, as may be necessary to implement the intent and purpose cof this year, andbe.it Resolution. COUNTY OFE BROOME STATEOP! NEWYORK the undessigned, Depuy Clerks othe Legisiaure of lhe Counly o! Broome, DO HEREBY CERTIFYtha!) the above of Is an original resolution of such Legislature duly adopted on the 16 dey pl December 2021 byain majorily efy Ihe members elected. ta the egislalure sald Courly alay egular meoling pf LFURTHER said' Leglstature. CERTIFVI that att the. lime said resolution was adopteds saidi Legisiature was comprised on ileenir members. INWIENESS WHEREOF. have hereuntos selmy hand arid allied) the corporate sealg of; said Legislature this 17"day ol December. 2021. Dales senl to County Executive Derember17.2021. Approved. 2 CountyExeculivye Ilao Cma Mali Depuly Clerk, Counlylpgslalurg Cauntyofe Broome Dale 208 Muner Asenmabadg,11,200: Insurancel Requireniants Risk.Management & Insurance Specifications Project Description or Contract Number Date Issued County Department. Dog Shelter Services - CA975-3-3P, 5-year term, 1/1/2022 = 12/31/2026 December 22, 2021 DPW- Security Vendor mame ("Contractor") Town of Windsor Brian Norris Please read these specifications very carefully. These specifications are. part of your contract with Broome County. It is advisable that you forward acopy ofthese specifications. toyour insurance agent. Broome County's waiver ofany requirement(s) set forth herein shall not constitutea waiver of any othér contraçt provision. Partl, Genérall Provisions 1. The Contractor shall procure and maintain during the term of this contract, at the Contractor's expense, the insurance policies listed in Part II with limits equal to (or greater than the 2. The contractor shall be: solely responsible for any self-insured retention oI deductible losses 3. Every. required policy, including any. required. endorsements and any umbrella A excess policy, shall be primary insurance. Insurance carried by Broome County, its officers, or its employees, ifany, shall be excess and not contributory insurance to that provided by the Contractor. 5. The Contractor may utilize umbrella/excess. liability çoverage to achieve the limits required hereunder, such coverage must be at least as broad as thej primary coverage (follow form). 6. AIl insurance certificates must be approved by the Office of Risk & Insurance Management, See 7. The Countyreserves its right to request certified copies of any policy Or endorsementthereto. 8. AII insurance shall be provided by insurance carriers licensed & admitted to do business in the StateofNew: Yorkand must be rated"A-VI"orbete by A.M. Best (Current Rate Guide). 9. If the Contractor fails to procure and maintain the required coverage(s). and minimum limitsisuch failure shall constitute a material breach of contract, whereupon Broome County may exerçise. (b) withholding any / all payment(s) due under this contract OI any othero contract it has with the (C) procuring or renewing any; required coverage(s) or any extended réporting period thereto and paying any premiums in çonnection therewith. All monies sO paid by Broome County shall be repaid upon demand, or at the County's option, may be offset against any monies due to enumerated Timits. under each ofthe required policies 4. Every required coverage type: shall be "occurrence basis".. section II for specific requirements regarding insurance proof. any rights itl has in law or equity, including but not limited to the following: (a) immediate termination of thecontract vendor (çommon law set-offyoR the Contractor. Maser AsameodedMay'l Insurance Requiremets 11.2004 Minimum Limits 51,00,00/52,00,000 Per occurence /minimum for annuelaggegatelimit Partl II. Required Insurance- Minimum coveragetypesand. amounts CoverageType Commercial General Liability (CGL) including: D Products & completedoperations: shall not be excluded. a Broome Countys shall be namedacélmiomalinsurd. The additionalinsured. endorsement from: the insuranoes shall notcontain anys exclusion for bodily injurys or property damagearising a completed Proofofadditional: operations. insured coverage shall be evidénced through a carrier issued endorsement. (ISO CG20101185 or equivalenf) Automobile Liability (Comprehensive Form) Must cover owned, non-owned and hired vehicles: Workers' Compensation and Employer's Liability See #3 exemption.: (CE-200) ift thebox to thel left is checked exemption. (CE-200) ift the box to thel left is checked $1,000,000 Combined Single Limit Statutoryamount/ limits Statutory Difyoul haveno employees (sole proprietor) youmay provide an affidavit of $100,000: OIfyou have no, employees (sole proprietor) you may, provide an affidavito of Disability Insurance See? #4 1. The certificate face shall: than Workers' Compensation & Disablity) & minimum indicate coverage(s) (other provide that the coverage(s) (including an insurance limits reduction) Disclose all policy exclusions Show Products & completed operation amounts required. in part II.I shall not be cancelled, terminated or materially changed unless: prior written notice has thirty (30) days been given tot the County OfficeofRisk & Insurance Management, Disclose the amount of self-insured retention OF deductibles. 2. Proofof Workers' Compensation Coyerage must be provided on NYSissued WcBform C- 3. Proof of Disability Coverage must be provided on NYS issued WCB form DB-120.1 or 105.2 or U-26.3. Exémption shonlbeproyided on CE-200 DB820/829 or DB-155. Exemption should be provided on CE-200 4. The Additional Insured & Certificate Holder sliould read: County ofBroome Attn: Officeo ofRisk & Insurance: Management POJ Box 1766 Binghamton, NY 13902-1766 Master AramchiodMay Issarance Requirements 11,2004 Part mI Defense * and Indemnification The following provisions concerning indemnification shail nof be construed. to indemnify the County for damages arising from: bodily injury to persons or property contributed to, caused by or resulting from the sole negligence of the County or its The Contractor agrees to indemnify and hold the County of Broome and. any officer, employee. and/or agent thereof free and harmless from any and all losse(s), penalty(ies), damages, settlement(s), cost(s), charge(s), professional fee(s). or other expense(s) OI liability(ies) of every kind arising from or relating to any and all claim(s), lien(s). demand(s), obligation(s), action(s), proceedings or causes of action. of any kind in connection with, or arising directly or indirectly from the negligent error(s) and/or omission(s) and/or act(s) of the Contractor (including Contractor's employees, agents OF and/or subcontractors). in thé Without limiting the generality of the preceding paragraphs, the following shall be included in the indemnity hereunder, any and all such claims, etc., relating to: personal injury, death, damage to. property, DE any actual or alleged. violation: of any applicable. statute (including specifically but not limited to New York State Labor Law SS 200; 202; 240 &. 241), ordinance, administrative order, executive order, rule or regulation, or decrea of any court of competent jurisdiction in connection with, OF arising directly or indirectly from, errors and/or employees. performance: ofthis agreement. negligent acts by the Contractor, as aforesaid, Part IV Safety Broome County specifically reserves the right to suspend or terminate all work under thisi contract whenever Contractor and/or contractor's employees or subcontractors are proceeding in, a. manner that threatens the life, health or safety of any of contractor's employees, subcontractor's employees, county. employees or member(s) of thes general public. ion county property. This réservation of rights by Broome County in no: way obligates If Broome County exercises its rights pursuant to this part, the contractor shall be given three days to cure the defect, unless Broome County, in its sole and absolute discretion, determines that the service cannot be suspended for three days due tol Broome County's legal obligation to continuously provide contractor's service toi the public or Broome County's immediate need, for completion of the Contractor's work. In such case, Contractor shall immediately If'the) Contractor fails toi ctre the identified defect(s), Broome County shall have the right to: immediately terminate this contract. In the event Broome: County terminates this contract, any payments for work completed by the Contractor shall be reduced by the costs incurred by Broome County in re-bidding the work and for by the increase inj cost that results from using Bioome County toi inspect thesafety practices of the Contracton. cure the defect. ad different vendor,