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Addendum to Agreement for Operation of Consecutive Water System

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2 versions2024-01-01working document

Versions

  1. 12024-01-01
    Agreement Between Village of Red Hook and Dutchess County Water & Wastewater Authority for Operation of Consecutive Water System
    working document
  2. 22024-01-01
    Addendum to Agreement for Operation of Consecutive Water System
    working document

Latest version

Original file not available online (local: data/sources/village_docs/dc_1221_28g7837_addendum_to_agreement_for_dcwwa_.pdf)View version history →Meeting on 2024-01-01 →

ADDENDUM TO AGREEMENT BETWEEN THE VILLAGE OF RED HOOK AND THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY FOR THE OPERATION OF A CONSECUTIVE WATER SYSTEM

This Addendum to Agreement For the Operation of a Consecutive Water System, made as of the 1st day of January, 2024 (the "Addendum"), 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 AND WASTEWATER AUTHORITY, a New York public benefit corporation having its principal office at 1 LaGrange Avenue, Poughkeepsie, New York 12601 (the "Authority").

WHEREAS, the Village and the Authority entered into that certain Agreement For the Operation of a Consecutive Water System dated January 1, 2023 (the “Agreement”); and

WHEREAS, the Village and the Authority wish to amend the Agreement as provided in this Addendum.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Village and the Authority agree as follows:

  1. The following sentence is added to Section 1(d) of the Agreement:

“The Authority shall pay to the Village a fee of $100.00 per month to defray costs of providing monthly operating reports.

  1. Section 3 of the Agreement is amended to read in its entirety as follows:

“3. The term of this Agreement shall be the period of one-year commencing January 1, 2024 and ending December 31, 2024. Notwithstanding the preceding sentence, the term of this Agreement shall be automatically renewed for successive one-year periods unless a party gives a written notice to the other party terminating this Agreement at least 60 days prior to end of the then current one-year period.

  1. The Agreement shall remain in full force and effect as herein amended.

The rest of this page has been left blank intentionally.

IN WITNESS WHEREOF , the parties have executed this Addendum as of the date first set forth above.

VILLAGE OF RED HOOK

By: ___________________________________ Name: Karen Smythe Title: Mayor

DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY

By: ___________________________________ Name: Michael Keating. P.E. Title: Executive Director

Changes between versions

2024-01-01→2024-01-01
substantive change+16 −44

The document has transitioned from the original Agreement to an Addendum that introduces a monthly fee and automatic renewal terms.

  • Title changed from 'AGREEMENT BETWEEN THE VILLAGE OF RED HOOK OF AND DUTCHESS COUNTY WATER & WASTEWATER AUTHORITY FOR THE OPERATION OF A CONSECUTIVE WATER SYSTEM' to 'ADDENDUM TO AGREEMENT BETWEEN THE VILLAGE OF RED HOOK AND THE DUTCHESS COUNTY WATER AND WASTEWATER AUTHORITY FOR THE OPERATION OF A CONSECUTIVE WATER SYSTEM'
  • Added requirement: 'The Authority shall pay to the Village a fee of $100.00 per month to defray costs of providing monthly operating reports.'
  • Amended Section 3 renewal terms from 'renewable annually by written agreement of the parties' to automatic renewal for successive one-year periods unless 60 days' written notice is provided.
  • Changed party designation from 'DCWWA' to 'the Authority'.
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## **ADDENDUM TO AGREEMENT BETWEEN THE VILLAGE OF RED HOOK OFAND ANDTHE DUTCHESS COUNTY WATER &AND WASTEWATER AUTHORITY FOR THE OPERATION OF A CONSECUTIVE WATER SYSTEM** **THISThis AGREEMENT**Addendum (to Agreement For the “Agreement”)Operation of a Consecutive Water System, made as of the 1st day of January, 2024 (the "Addendum"), 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 &AND WASTEWATER AUTHORITY,** a New York public benefit corporation, withhaving its principal office at 1 LaGrange Avenue, Poughkeepsie, New York 1260312601 (the " **DCWWA** Authority"). **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 TraditionsAuthority atentered Redinto Hookthat ifcertain Agreement For the Operation of a Consecutive Water System dated January 1, 2023 (the “Agreement”); and WHEREAS, the Village Water System and the TraditionAuthority Waterwish Systemto areamend operatedthe Agreement as aprovided consecutivein systemthis Addendum. **NOW, THEREFORE,** in consideration of the mutual covenants and conditions set forth herein contained, the Village and DCWWAthe Authority agree as follows: 1. The Villagefollowing andsentence DCWWAis shall operate the Tradition Water System as a consecutive system with the Village Water System, subjectadded to theSection following conditions: - a. All water quality sampling for the Tradition consecutive water system shall comply with Subpart 5-1(d) of the StateAgreement: “The 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. SamplingAuthority 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 reportspay to the Village regardinga leaks,fee repairs,of flushing$100.00 orper othermonth relevantto activitiesdefray withincosts theof Tradition Water System for inclusion in theproviding monthly reportoperating reports. - e 2. TheSection Village will be responsible for the production and dissemination3 of the AnnualAgreement Wateris Qualityamended Reportto for both the Village Water and the Tradition Water System. 2. 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 describedread in 1(e)its above); - e. Performance of a periodic distribution system flushing program, conducted in coordination with Village Water System flushing; - f. Performance of periodic andentirety 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.follows: “3. The term of this Agreement isshall forbe athe period of one-year period commencing January 1, 2024 and ending December 31, 2024. ThisNotwithstanding the preceding sentence, the term of this Agreement isshall renewablebe annuallyautomatically byrenewed for successive one-year periods unless a party gives a written agreementnotice to the other party terminating this Agreement at least 60 days prior to end of the partiesthen current one-year period. 43. The Agreement datedshall July 9, 2018 among the Village, DCWWA, and Red Hook Acres, LLC (the “Water Sale Agreement”) remainsremain in full force and effect andas isherein notamended. The 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 1rest of this Agreementpage transfershas responsibilitybeen forleft allblank sampling requirements to the Villageintentionally. 5. 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 AgreementAddendum as of the day and yeardate first set forth 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

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