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Agreement Between Village of Red Hook and Dutchess County Water & Wastewater Authority for Operation of Consecutive Water System

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Working document2024-01-01
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AGREEMENT BETWEEN THE VILLAGE OF RED HOOK OF AND DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY FOR THE OPERATION OF A CONSECUTIVE WATER SYSTEM

THIS AGREEMENT (the “Agreement”) made as of the 1st day of January, 2024 between the VILLAGE OF RED HOOK , a New York municipal corporation with offices at 7467 South Broadway, Red Hook New York 12571 (the "Village”), and DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY, a New York public benefit corporation, with its principal office at 1 LaGrange Avenue, Poughkeepsie, New York 12603 (" DCWWA ").

WHEREAS, the Village operates and administers a water system for the benefit of the residents of the Village (the “Village Water System”); and

WHEREAS, DCWWA operates and administers a water system for the benefit of the residents of a residential development located in the Town of Red Hook known as Tradition at Red Hook (the “Tradition Water System”); and

WHEREAS , the New York State Sanitary Code (Sub-part 5-1 Public Water Systems) defines a consecutive water system as “a public water system that receives some or all of its finished water from one or more wholesale systems. Delivery may be through a direct connection or through the distribution system of one or more consecutive systems”; and

WHEREAS , accordingly the Village Water System and the Tradition Water System can be operated as a consecutive system in accordance with law; and

WHEREAS, it is in the best interests of the residents of the Village and the Traditions at Red Hook if the Village Water System and the Tradition Water System are operated as a consecutive system.

NOW, THEREFORE, in consideration of the mutual covenants and conditions herein contained, the Village and DCWWA agree as follows:

  1. The Village and DCWWA shall operate the Tradition Water System as a consecutive system with the Village Water System, subject to the following conditions:

    • a. All water quality sampling for the Tradition consecutive water system shall comply with Subpart 5-1 of the State Sanitary Code and based on the combined population and services within both the Village Water System and Tradition Water Systems.

    • b. Routine water quality sampling required for the Village Water System and Tradition Water System will be conducted by the Village. Sampling shall include any resampling or source sampling required as a result of sample results.

    • c. Any sampling required within either the Village Water System or the Tradition Water System by the Dutchess County Department of Behavioral and Community Health (DBCH) or by another regulatory agency having jurisdiction, which is in addition to the sampling otherwise required to serve the consecutive system shall be the responsibility of and shall be borne by the System in which such additional testing is required.

    • d. The Village shall submit monthly operations reports to the DBCH. DCWWA will provide timely reports to the Village regarding leaks, repairs, flushing or other relevant activities within the Tradition Water System for inclusion in the monthly report.

  • e. The Village will be responsible for the production and dissemination of the Annual Water Quality Report for both the Village Water and the Tradition Water System.

  1. DCWWA will be responsible for the following within the Tradition Water System;

    • a. Repairs/replacements of water system appurtenances;

    • b. Provision of a certified Operator-In-Responsible-Charge;

    • c. Administration of the Cross-Connection Control Program;

    • d. Production and Dissemination of all required Public Notifications (other than the Annual Water Quality Report described in 1(e) above);

    • e. Performance of a periodic distribution system flushing program, conducted in coordination with Village Water System flushing;

    • f. Performance of periodic and as-needed leak detection program;

    • g. Reading of individual customer connection meters;

    • h. Administration of all accounts payable activities; and

    • i. Response to customer service questions/complaints.

  2. The term of this Agreement is for a one-year period commencing January 1, 2024 and ending December 31, 2024. This Agreement is renewable annually by written agreement of the parties.

  3. The Agreement dated July 9, 2018 among the Village, DCWWA, and Red Hook Acres, LLC (the “Water Sale Agreement”) remains in full force and effect and is not modified by this Agreement, with the sole exception of SCHEDULE 7, Water Quality: Performance Standards (b) and (c) of the Water Sale Agreement, to the extent that section 1 of this Agreement transfers responsibility for all sampling requirements to the Village.

  4. This Agreement constitutes the complete understanding of the parties. No modification of any provisions of this Agreement shall be valid unless in writing and signed by both parties. This Agreement may be executed in one or more counterparts, each of which shall be an original for all purposes.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written.

VILLAGE OF RED HOOK

By: ___________________________________ Name: Karen Smythe Title: Mayor DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY By: ___________________________________ Name: Michael Keating, P.E. Title: Executive Director