TOWN OF DEPOSIT  3 Elm Street Deposit, New York 13754 PHONE: 607-467-2433 FAX: 607-467-1414  RECEIVED JUL27 OFFICE PADSTENNC THE TOWN CLERK  June 27, 2024  To Whom It May Concern:  The Town of Deposit Town Board reviewed our Intermunicipal Agreement -RE: Providing Cooperative Highway Services and thought it needed some updates. The old contract did not have Please review the new contract (specifically #6) we have sent you and it you approve it, please sign both copies, keep one for your municipality and return one to us. We would appreciate it you would also supply the Town of Deposit a copy of your Liability Insurance Certificate. We have enclosed a copy Ify you have any questions, please let us know. Thank you for your help in this matter.  anything about providing liability insurance.  of our Liability Insurance Certificate for your records.  Sincerely,  Khowly Rebecca Walley, Supervisor Town of Deposit    DATE (MM/DDNYYY) 2/16/2024  ACORb  CERTIFICATE OF LIABILITY INSURANCE  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 IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. IFSUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on  REPRESENTATIVE OR PRODUCER, AND1 THE CERTIFICATE HOLDER.  this certificate does not confer rights to the certificate holder in lieu ofs such endorsement(s).  CONTACT NAME: PHONE 1-800-965-6264 IA/C. E-MAIL No.Ext): ADDRESS: amca@ntinuanacen INSURERA A:! New York Municipal Insurance Reciprocal  PRODUCER NBT Insurance. Agency LLC 66 South Broad Street Norwich NY 13815 INSURED Town of Deposit 3Elm Street Deposit NY 13754 COVERAGES INSR LTR  (A/C.No): FAX  INSURER(S) AFFORDING COVERAGE  NAIC# 20690  DEPOSIT-01 INSURERB: INSURERC: INSURERD: INSURERE: INSURERF:  CERTIFICATE NUMBER: 581082689  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 SUCHF POLICIES. LIMITS SHOWN MAY HAVE BEENF REDUCEDI BYF PAID CLAIMS.  ADDLISUBR INSD! WVD  POLICYEFF POLICYEXP MM/DDNYYY) MMIDDNYYYY 12/18/2023 12/18/2024 EACHOCCURRENCE  TYPEOFI INSURANCE A X COMMERCIAL GENERALUABILITY CLAIMS-MADE OCCUR GENLAGGREGATEL LIMITA APPLIES PER: POLICY PRO: JECT OTHER: A AUTOMOBILELABILIY ANY AUTO OWNED AUTOS ONLY HIRED AUTOS ONLY A UMBRELLALIAB X OCCUR X EXCESS LIAB DED RETENTIONS WORKERS COMPENSATION ANDE EMPLOYERS" LIABILITY AMYPROPRIETORPARINEREXECUIE OFICMMEMSEEXCIDED (Mandatory! Inl NH) fyes, describey under DÉSCRIPTION OF OPERATIONS below  POLICYNUMBER MPK-TDEP0,00000123  LIMITS $1,000,000 $50,000  DAMAGE TOF RENTED PREMISES (Eac occurrence) MEDE EXP (Any onep person) $5,000 PERSONAL &A ADVI INJURY $1,000,000 GENERALA AGGREGATE $2,000,000 PRODUCTS- COMPIOP AGG $1,000,000 COMBINEDS SINGLEL LIMIT $1,000,000 BODILYI INJURY (Perp person) $ BODILYI INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) AGGREGATE PER STATUTE TON E.L.EACHA ACCIDENT E.L. DISEASE- -EAEMPLOYEE $ -POLICYLIMIT E.L. DISEASE-  LOC SCHEDULED AUTOS NON-OWNED AUTOS ONLY CLAIMS-MADE Y/N N/A!  MCA-TDEP0.00001-23  12/18/2023 12/18/2024 (Ea accident)  $ $ $2,000,000 $4,000,000  MEC-TDEP0,00000123  12/18/2023 12/18/2024 EACHOCCURRENCE  DESCRIPTION OF OPERATIONS LOCATIONS/VEHCIES (ACORD 101, Additional Remarks Schedule, mayb bea attachedi ifn more space is required) Blanket. Additional Insured applies to General Liability viat form MPL2166 ed.03/06 as required by written contract.  CERTIFICATE HOLDER  CANCELLATION  Town of Windsor 124 Main Street Windsor, NY 13865  SHOULDA ANY OFT THE ABOVE DESCRIBEDI POLICIES BE CANCELLEDI BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN  ACCORDANCE WITHTHE POLICYI PROVISIONS. AUTHORIZEDF REPRESENTATIVE TLTE  01988-2015. ACORD CORPORATION. All rights reserved.  ACORD: 25 (2016/03)  The ACORD name and logo are registered marks of ACORD    Intermunicipal Agreement Re Providing Cooperative Highway Services  THIS AGREEMENT, made and entered into this day of  between the Town  ofDeposit, ar municipal subdivision ofthe! State ofNew York situates in Delaware County. New York (Mailing Address: clo Town Clerk, 3 Elm Street, Deposit. NY 13754) and the  each being a' "party" and together the "parties".  WITNESSETH:  WHEREAS, both parties currently own and maintain various public streets, roadways, and sidewalks WHEREAS, from time to time said streets, roadways, sidewalks and other infrastructure need WHEREAS, each party has celtain available manpower, machinery and equipment to provide such maintenance and repair but from time toi time requires additional manpower, machinery and equipment for such  within their respective municipalities, and maintenance and repair, and  services, and  WHEREAS, the parties are desirous ofcontracting with each other for1 the purpose ofs sharing such equipment NOW,THEREFORE, ITISHEREBY AGREED, byt the' Town of Deposit and the Town of as 1. Both parties hereto authorize their respective Superintendent of Highways/ Superintendent of Public Works and Public Works Department to exchange resources including equipment, vehiçles, machinery, 2. The exchange of cooperative: services is strictly voluntary and should not in any way hamper or  with each other and the attendant savings achieved thereby.  follows:  Windsor  facilities, and personnel ("cooperative services") subject to the following conditions.  delay the work within the Provider.  3. The municipality providing cooperative services the"provider" shall:  a. Be responsible for injury to any ofi its employees ifitisa workers' compensation injury b. Pay its personnel as it would ifthe work were performed for the Provider. C. Be liable for negligence of its employees, agents and subcontractors, occurring in the d. Be responsible for all damages repairs to its equipment, machinery, vehicles and  pursuant to Workers' Compensation Law section 2(7).  performance oftheir duties in the same manner and to the same extent as ifthe negligence occurred in the  performance oftheir duties for thel Provider municipality. facilities, except those caused by the negligence oft the Receiver.  Ifthe parties cannot agree on  responsibility for payment. the matter shall bes subject to review by arbitration as provided in 9 below.  e. Keep records ofthe days and hours (as appropriate) that cooperative services were used    and provide copies oft this documentation to the receiver for verification.  4. The municipality receiving cooperative services (the receiver) shall:  a. Provide fuel, lubrication, oil, minor repairs and materials as needed during use of b. Be responsible for coordinating the safe and efficient use of cooperative services and  equipment and, ifnecessary, food for the operator.  in the case of equipment, vehicles, machinery, and/or facilities be responsible for releasing them as  soon as they are not needed. when requested to do so.  C. Reciprocate to the Provider relating to the cooperative services  d. Release any cooperative services in the event the Provider requires the 5. Each municipality agrees that its status while performing services pursuant to this agreement is that of an independent contractor and the municipality, its employees and/or agents will neither hold themselves out as, or claim to be. officers or employees oft the other municipality in any matter, including, but not limited to Workers' Compensation, Unemployment Insurance benefits,  cooperatives services for its own use.  Social Security or retirement membership or credit.  6. Both municipalities do hereby agree to obtain and thereafter continue to keepi in full force and effect their general liability insurance. public liability insurance, and automotive insurance relative to this contract during all phases oft the performance of the various provisions of work to be performed herein naming the other party as an additional named insured. Each party's general liability insurance shall be in an amount not less than $500,000 for injuries including wrongful death to anyone person and subject to the same limit for eacl h person, in an amount not less than $1,000,000 on account of any one occurrence. Each party's property damage insurance shall be in an amount not less than $300,000  for damage on account of all occurrences.  7. Each party shall transmit in writing to the Clerk of the other party within two (2) days after receipt thereofofa any written notice received regarding any unsafe, dangerous or obstructed condition of any road subject to this Agreement. and the party receiving notice shall take any necessary  corrective action with respect thereto as soon as practicable.  8. The term of this Agreement shall be from year to year and shall be automatically extended each year unless either party notifies the other on or before December 1 prior to that year that said party  wishes to withdraw from the Agreement in the ensuing calendar year.  9. Should any dispute arise between the parties respecting the terms of this Agreement, the parties agree to meet in person and negotiate in good faith. Thereafter ifa dispute still exists the disputed matter shall be settled by binding arbitration in accordance with the laws of the State of three arbitrators, one ofwhom shall be selected by each oft the parties hereto, and the third by the two arbitrators sO selected. Ifthe selection of any arbitrator shall not be made within 15 days ofthe time  New York by that    either party shall notify the other of the name of the arbitrator selected by the notifying party, then the arbitrator or arbitrators not selected shall be appointed in the manner provided by the laws of the State of  New York.  IO. Each Party (indemnifying Party) shall indemnify and hold harmless the other party against any third-party claim or loss, injury, death, costs, damages or expenses (including reasonable attorney fees) arising from the Indemnifying Party's negligent acts or omissions in providing or receiving cooperative services. For this section, the Indemnifying Party includes that Parties, officers,employees, agents and/or contractor. This  section shall survive termination for aj period ofs six years.  11.In accordance with the provisions of section 109 of the General Municipal Law. both parties hereto are hereby prohibited from assigning. transferring, conveying, subletting or otherwise disposing of this Agreement, or of its right, title or interest in this Agreement to any other person or corporation without  the previous consent in writing of the other party.  12. The Supervisor of the Town of Deposit has executed this Agreement pursuant toai motion by the Town! Boardo ofthe' Town ofl Deposit, at a meeting thereofheld on 6hl2o24 Town Supervisor whose signature appears hereafter, is duly authorized and empowered to execute thisi instrument and enter intosuch an agreement on behalfofthe' Town of Deposit. This instrument shall be executed in duplicate. At least one copy shall bep permanently tiled, after execution thereof. in the office oft the Town Clerk of the  Town of Deposit.  13. TheM Mayor/Supervisor of the Village/Town Board of DepeSIT  has executed this  Agreement purspant to motion by the Village/Town Board ofthe DeosiT atar meeting thereof authorized and empowered to execute this instrument and enteri intos such an agreement on beha/fTown/ shall be permanently, filed, after execution thereof, in the office oft the Village/ Town Clerk of the 14. Any and all notices and payments required. hereunder shall bea addressed as follows, or to such  held on 6ul2o2y Village of Widsof Village/ Town of Dgpesf  Mayor/Supervisor of Depasil whose'signature: appears hereafter, is duly This instrument: shall be executed in duplicate. At least one copy  other address as may hereafter be designated in writing by either party hereto:  To the Town of Deposit:  Town of Deposit clo Town Clerk 3 Elm Street Deposit, NY 13754  Tothe Toum oF Wiudsor    15. No waiver of any provision or condition oft this Agreement shall be binding unless in writing and signed by the party waiving said condition. No such waiver shall in any way affect any other term or condition ofthis agreement or constitute a continued or future waiver of the provisions or conditions.  16. Provider agrees that it and its employees, agents, and/or subcontractors, in providing the cooperative services pursuant tot this agreement, shall comply with all applicable laws, regulations and policies, including  those of the receiver.  17. This Agreement constitutes the complete understanding oft the parties. No modification ofany  provisions thereofs shall be valid unless in writing and signed by both parties. 18. This Agreement is governed by the laws ofthe State of New York.  IN WITNESS WHEREOF, the Town of Deposit has caused its corporate seal to be affixed  hereto and these presents to be signed by_ Supervisor, and Bya Tffauy and to be attested tot by  Superintendent of Highways, Town Clerk, and the  has caused its  corporate seal to be affixed hereto and these presents to be signed by  and  and to be attested to by  Clerk.  (Seal ofTown of Deposit)  Town ofI Deposit Supervisor By: Btk TOD:  chlw  Attest: Deposit, Town Clerk Buphts  Superintendent ofH Highways  (Seal of  By:. By:  By: Attest:  Clerk