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Intermunicipal Agreement — Red Hook and Tivoli Solid Waste Collection

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Working document2025-10-23
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INTERMUNICIPAL AGREEMENT Village of Red Hook and Village of Tivoli

Regarding Collection and Transportation of Solid Waste

This Intermunicipal Agreement is dated as of the ____ day of October, 2025, by and between the Village of Red Hook, a municipal subdivision of the State of New York situate in Dutchess County, with offices at 7467 South Broadway, Red Hook, NY, 12571 ("Red Hook") and the Village of Tivoli, a municipal subdivision of the State of New York situate in Dutchess County, with offices at The Historic Watts dePeyster Hall, 1 Tivoli Commons, PO Box 397, Tivoli, NY 12583, ("Tivoli)

W I T N E S S E T H:

WHEREAS, pursuant to Article 5-G of the General Municipal Law, the parties are authorized to enter into this intermunicipal agreement for the purposes of performing shared services with respect to collection and transportation of solid waste including recyclables; and

WHEREAS, Red Hook and Tivoli have determined that the relative costs to be borne by each party constitute a reasonable allocation of costs and that this agreement will result in mutual costs savings; and

WHEREAS, the execution and delivery of this Agreement has been determined under the State Environmental Quality Review Act to constitute a Type II action which will not have an adverse effect on the environment; and.

WHEREAS, all things necessary to constitute this Agreement a valid and binding agreement by and between the parties in accordance with the terms hereof have been duly performed, and the execution and delivery of this Agreement have in all respects been duly authorized by the respective parties;

NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties agree to as follows:

1. Shared Services: Red Hook and Tivoli agree to cooperate in the curbside pickup, transportation and disposal of waste and recyclables as described in this agreement. The initial plan for such shared services is attached at Exhibit A. Such plan may be amended from time to time as authorized by resolution of each party. All trucks and other equipment used in connection with this agreement shall be properly licensed and permitted and insured in accordance with New York State laws. All personnel shall be municipal employees. All drivers shall be properly licensed in accordance with New York State laws. Each party shall be responsible for management and direction of its own personnel.

2. Costs and Billing: Each party shall be responsible for billing for services performed within its own jurisdiction in accordance with Exhibit A. Red Hook and Tivoli have preliminarily determined that the relative sharing arrangement outlined at Exhibit A should result in a fair and equitable sharing of costs of the operation, and that the result of such sharing will be a cost savings to each party. The parties agree that they will review costs and expenses of this program at least annually.

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3. Records: Both parties, when applicable, will maintain timecards, gas usage, mileage, tipping invoices, tag sale receipts in each case showing dates of service and hours or amounts, and such other records reasonably necessary to determine the total and relative costs of the shared services. Each party will make such records available to the other party upon request.

4. Indemnity: Red Hook agrees to indemnify and hold harmless Tivoli and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorneys’ fees) arising directly or indirectly out of the negligent acts or omissions of the Village of Red Hook or its officers, employees, or agents with respect to this Agreement. Tivoli agrees to indemnify and hold harmless Red Hook and its agents and employees from any cause, claim, action, liability, fine, penalty, or proceeding (including attorneys’ fees) arising directly or indirectly out of the negligent acts or omissions of the Village of Tivoli or its officers, employees, or agents with respect to this Agreement. This provision as well as the additional provisions of this agreement are solely for the benefit of the parties, and the parties intend no benefits to third persons.

5. Insurance: Each party shall obtain liability insurance in the amount of not less than $2,000,000, and statutory employee and workers’ compensation insurance, in each case from a company authorize to issue such policies in the State of New York and rated at least A/X by A.M. Best’s Rating Service, or equivalent satisfactory to the other party, and such policy shall name the other as an additional named insured and shall provide for not less than 30 days notice of cancellation to such additional insured. Satisfactory evidence of such policies shall be furnished to by each party to the other prior to commencement of work under this agreement.

6. Term of Agreement: This agreement shall continue in force for an initial period commencing with the date of this agreement and ending May 30, 2026, and thereafter shall be renewed annually unless terminated by either party at its option by notice to the other party given 90 days on or prior to May 30 of each year.

7. Termination. Either party may terminate this agreement at any time upon 60 days’ notice to the other party. The provisions of Section 4 shall survive termination to the extent of any claims arising prior to the date of termination.

8. Solid Waste Collection Regulations. The Village of Tivoli has adopted and has in full force and effect its solid waste collection and recycling regulations, codified at Chapter 184 of the Village Code of the Village of Tivoli. Such regulations may be amended from time to time by Tivoli, and upon such amendment a copy of such amended regulations shall be provided to Red Hook. In the event of such amendment either party may terminate this agreement in accordance with Section 7. Each party shall be responsible for enforcing its own regulations within its own jurisdiction. Each party shall use reasonable efforts to cooperate with the other party in such enforcement, including instruction of its personnel regarding tag and bag limits.

9. No Assignment or Subcontracts. The parties agree that this agreement is based on shared municipal services. Neither party shall assign or subcontract its obligations under this agreement without the express written consent of the governing board of the other party.

10. Notice: Any and all notices required hereunder shall be addressed as follows, or to such other address as may hereafter be designated in writing by either party hereto:

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To Red Hook: Karen Smythe, Mayor Village of Red Hook 7467 South Broadway Red Hook, NY 12571

With a copy to: Kyle Barnette, Esq, Van DeWater & Van DeWater, LLP 85 Civic Center Plaza, Suite 101 Poughkeepsie, NY 12601

To Tivoli: Emily Majer, Mayor Village of Tivoli The Historic Watts dePeyster Hall 1 Tivoli Commons, PO Box 397 Tivoli, NY 12583 With a copy to: Christine M. Chale, Esq. Rodenhausen Chale & Polidoro LLP 55 Chestnut Street Rhinebeck, NY 12572

11. Disputes: The parties agree and understand that the Supreme County, Dutchess, New York shall have exclusive jurisdiction of any controversy or claim arising out of or relating to this agreement, or the breach thereof.

12. Miscellaneous Provisions:

(A) This agreement constitutes the complete understanding of the parties. No modification of any provisions thereof 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.

(B) No waiver of any breach of any condition of the agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same.

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IN WITNESS WHEREOF, the Village of Red Hook and the Village of Tivoli have caused this agreement to be signed by their duly authorized officers as of the day and year first above written.

VILLAGE OF RED HOOK

By:_____________________________ Karen Smythe, Mayor

VILLAGE OF TIVOLI

By:_____________________________ Emily Majer, Mayor

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EXHIBIT A

Plan for Shared Services Regarding Collection and Transportation of Solid Waste Village of Red Hook and Village of Tivoli

  1. Personnel: Red Hook will oversee and provide for all municipal employees to conduct the curbside collection, transportation and disposal of solid waste and recyclables for the term of this agreement.

  2. Notice: Red Hook shall provide Tivoli with advance notice, as soon as practicable, of alternate arrangements in case of weather or unforeseen difficulties or emergencies. The parties shall endeavor to arrange to postpone pickup for one day to the extent practicable.

  3. Collection Equipment: Red Hook will utilize its own vehicles and equipment to collect and transport solid waste and recycles. Red Hook will ensure proper insurance is maintained in accordance with section 5 of this Agreement.

  4. Transportation and Disposal: Red Hook will transport such solid waste or recyclables to a mutually agreed location which is properly licensed and permitted for disposal of municipal solid waste or recyclables, as applicable, initially Ulster County Resource Recovery Agency at 999 Flatbush Road in Kingston, NY. Red Hook shall provide its own fuel, fluids and general maintenance for all municipal equipment related to this Agreement.

  5. Costs of Collection, Transportation and Disposal: Tivoli finances its municipal waste collection costs through the sale of tags which are required to be adhered to bags in accordance with regulations adopted by Tivoli. Tivoli will sell its own tags and collect and retain the revenues from such tags. Red Hook shall pick up only bags with Tivoli tags for the proper size bag adhered to the bag.

  6. Charges for Services. Tivoli shall pay to Red Hook an initial rate of $682.50 per weekly pickup to Red Hook, billed monthly. The weekly rate shall be subject to change from time to time on notice from Red Hook to Tivoli of not less than 60 days prior to start of the new rate schedule. Tivoli may elect to terminate this agreement in lieu of continuing with the new rate schedule.

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