Police Services Agreement — Village of Red Hook and Village of Tivoli

Village of Red Hook and Village of Tivoli POLICE SERVICES AGREEMENT

THIS AGREEMENT , made on the day of 2025, by and between the Village of Red

Hook , Dutchess County, New York, a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York with its principal place of business located at 7467 South Broadway, Red

Hook, New York, and the Village of Tivoli , a municipal corporation duly organized and existing under and by virtue of the laws of the State of New York with its principal place of business located at 86 Broadway,

Tivoli, New York.

WHEREAS , General Municipal Law Section 119-0 authorizes municipalities to enter into agreement to provide police protection which is more intensive than usually and normally provided and which involves

outlay of money, manpower and equipment provided by the Village of Red Hook; and

WHEREAS , the Village of Red Hook maintains a police department which is solely and wholly within the

control of the Village of Red Hook, and

WHEREAS , the Village of Tivoli has requested that the Village of Red Hook provide certain police

protection in, about, and through territory, lands, and property within the jurisdiction of the Village of Tivoli;

and

WHEREAS , the Board of Trustees of the Village of Red Hook have debated and discussed the request from the Village of Tivoli to provide certain police protection in, around, and throughout the Village of Tivoli territory; and

WHEREAS , the Board of Trustees of the Village of Red Hook has decided and voted upon providing to the Village of Tivoli certain police protection in accordance with the terms and conditions of this Agreement; and

WHEREAS , the Village of Tivoli agrees to pay the Village of Red Hook monies and to reimburse the

Village of Red Hook for expenses incurred in connection with the Village of Red Hook providing to the Village of Tivoli certain police protection in accordance with the terms and conditions of this agreement.

NOW, THEREFORE , the Village of Red Hook and the Village of Tivoli mutually agree to the

following terms and conditions:

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1. SCOPE OF SERVICES :

A. The Village of Red Hook shall provide to the Village of Tivoli Village Police Officers to conduct random patrols in, through, and about the territory of the Village of Tivoli, which patrols include, but are not limited to, certain, regular, and periodic road patrols and/or bike patrols throughout the Village of Tivoli region.

B. The Village of Red Hook shall further direct its police officers during scheduled Village of Tivoli patrols hours to respond to calls for assistance received from the Village of Tivoli, its personnel, agents, officers, and individuals assuming responsibilities on behalf of the Village of Tivoli.

C. The Village of Red Hook and the Village of Tivoli shall arrange for specific police protection services to be provided as herein described in this agreement by the Village of Red Hook to the Village of Tivoli. The Village of Tivoli shall give the Village of Red Hook one month’s advance written notice of any change to the amount of police patrols as previously arranged. The Village of Red Hook and the Village of Tivoli shall designate an individual from each village to make or receive requests for police protection services and to coordinate same.

D. The Village of Red Hook shall enforce State Statues and Local Laws.

E. The ultimate planning, organization, scheduling, direction and supervision of the Village of Red Hook personnel and all other matters incidental to the delivery of police protection services to the Village of Tivoli shall be determined by the highest-ranking officer of the Village of Red Hook Police Department or their designee. Said Officer or designee shall retain exclusive authority over the activities of their personnel working within the Village of Tivoli.

F. Any conflict between the Village of Red Hook and the Village of Tivoli regarding the extent or manner of performance of said police protection services delivered to the Village of Tivoli shall be resolved by mutual agreement between the Mayors of the Village of Red Hook and the Village of Tivoli. If no agreement can be reached, the mayors will meet with Village of Red Hook Police Lieutenant for fact finding determination by the two municipal elected leaders. If no final agreement can be reached, the parties have the option of termination.

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2. EQUIPMENT AND FACILITIES

• A. Except as otherwise stipulated, the Village of Red Hook shall furnish all personnel, equipment and

supplies required to provide the agreed police services to the Village of Tivoli.

• B. The Village of Red Hook and the Village of Tivoli shall retain title to the property each may acquire to

fulfill its obligations under this agreement. Upon the termination of this agreement, each party may dispose of its property as it sees fit.

3. TERM OF AGREEMENT

A. This agreement shall be effective as of June 1, 2025, and shall terminate on May 31, 2026,

unless otherwise terminated or renewed as set forth herein.

4. PAYMENT

• A. The Village of Tivoli shall reimburse the Village of Red Hook for the actual expenses incurred in performing and providing said police protection services provided hereunder. Should these hours lead to Overtime, the Overtime rate will be charged. In this regard, the Village of Tivoli shall pay the following for all police protection services provided to the Village of Tivoli:

• B. The Village of Red Hook and the Village of Tivoli may adjust annually the fees charged for

providing said police protection services based upon an increase in cost to provide such services. The Village of

Red Hook shall notify the Village of Tivoli of such adjustment prior to the renewal of any term or condition contained herein.

C. The Village of Red Hook shall bill the Village of Tivoli within thirty (30) days after the close of each

calendar month for all police protection services provided during that month pursuant to this Agreement. The bill shall itemize each officer scheduled, the dates and times of service, the total number of hours of police

services provided including the number of hours associated with processing police actions and any and all

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additional information pertaining thereto.

D. In the event of a dispute regarding any payment under this Agreement, the disputing party shall notify the other party in writing within thirty (30) days of receipt of the invoice in question. The parties shall then attempt to resolve the dispute through good faith negotiations within thirty (30) days of such notice. If the

dispute remains unresolved, the parties agree to submit the dispute to mediation before a mutually agreed-upon mediator prior to pursuing any other legal remedies.

E. Any undisputed amounts not paid within thirty (30) days of the due date shall accrue interest at the rate of

1.5% per month until paid in full. The party responsible for the late payment shall also reimburse the other

party of any costs incurred in collecting the overdue amounts, including reasonable attorney’s fees.

5. LIABILITY

A. Village of Red Hook : The Village of Red Hook shall assume liability for, defend against, and secure the Village of Tivoli from all costs or damages for injury to persons or property, or death, caused by the negligent acts of any employees of the Village of Red Hook arising of the performance of this agreement. The Village of Red Hook maintains general liability and police professional insurance and shall name the Village of Tivoli as additional insured on such policies for the services provided under this Agreement.

B. Village of Tivoli : The Village of Tivoli shall assume liability for, defend against, and exempt the Village of Red Hook from and against any and all costs or damages for injury to persons or property, or death, caused by the negligent acts of the Village of Tivoli, its employees, servants, or agents, with whom officers employed by the Village of Red Hook Police Department may come in contact in the normal course of providing police services to the Village of Tivoli.

6. INDEMNIFICATION

A. The Village of Red Hook shall indemnify, defend, and hold harmless the Village of Tivoli from an against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any negligent or willful misconduct by the Village of Red Hook or its employees,

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agents, or representatives in the performance of this Agreement. This indemnification shall include, but not be limited to, claims arising from third-party actions or omissions related to the services provided under this Agreement.

B. The Village of Tivoli shall indemnify, defend, and hold harmless the Village of Red Hook from an against any and all claims, liabilities, losses, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or in connection with any negligent or willful misconduct by the Village of Tivoli or its employees, agents, or representatives in the performance of this Agreement. This indemnification shall include, but not be limited to, claims arising from third-party actions or omissions related to the services provided under this Agreement.

7. PERSONNEL

A. Employee Status: For purposes of this agreement only, all persons employed by the Village of Red Hook in providing police protection services to the Village of Tivoli shall be Village of Red Hook Officers or employees, and they shall not have any benefit, status, or right of Village of Tivoli employment.

B. Payment: The Village of Tivoli shall not be liable for the direct payment of salaries, wages, or other compensation to the Village of Red Hook officers or employees providing police protection services to the Village of Tivoli under this Agreement.

C. Indemnity: All Village of Red Hook Police Officers performing services under this Agreement shall be deemed employees of the Village of Red Hook for purposes of the Workers’ Compensation Law and the Village of Tivoli shall not be responsible for the payment of any benefits thereunder.

8. TERMINATION

A. At any time during this Agreement, the Village of Red Hook or the Village of Tivoli shall have the right, upon thirty (30) days written notice to each other, with or without cause, to terminate this agreement in whole or in part or to postpone, delay, suspend or abandon all or any part of the services provided hereunder. In the event of such termination, postponement, delay, suspension or abandonment, the Village of Red Hook shall bill the Village of Tivoli for any police protection services provided by the Village of Red Hook to the time of termination, and the Village of Tivoli shall pay to the Village of Red Hook all amounts due and earned to the

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time of termination, postponement, delay, suspension, or abandonment, in accordance with the provisions of this Agreement.

B. Such termination, postponement, delay, suspension, or abandonment shall not give rise to any cause of action against the Village of Red Hook or the Village of Tivoli for damages, loss of profits, expenses, or other remuneration of any kind.

C. The provisions of Section 5 and Section 6 shall survive termination as to any claim or matter arising prior to the effective date of termination.

9. RENEWAL

A. Unless terminated in accordance with Section Seven (7) above, this Agreement shall be renewed automatically for successive terms of one (1) year, although the hourly rates billed by the Village of Red Hook to the Village of Tivoli will need to be renegotiated and agreed upon between both municipalities prior to the Village of Red Hook providing to the Village of Tivoli police protection services pursuant to the terms and conditions of this Agreement.

10. NON-ASSIGNMENT

A. This Agreement may not be assigned by the Village of Red Hook or the Village of Tivoli, nor any right, title, or interest therein assigned, transferred, conveyed, or disposed.

11. NOTICES

• A. Except as otherwise provided in this Agreement, any notice or communication required to be given,

  • except monthly invoices, which may be personally delivered or sent by email or regular mail, shall be deemed sufficiently given or rendered, if, in writing, delivered personally or sent by certified mail, return receipt requested, addressed to the parties as follows or to such other addresses as the parties may designate in writing:

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VILLAGE OF RED HOOK

7467 South Broadway Red Hook, NY 12571

VILLAGE OF TIVOLI

86 Broadway Tivoli, NY 12583

12. ENTIRE AGREEMENT

A. The terms of this Agreement, including any attachments and exhibits, represent the final intent of the

parties. Any modification, rescission, or waiver of the terms of this Agreement shall be effective only if

evidenced by a subsequent writing which is executed and acknowledged by the parties with the same formalities accorded this basic Agreement.

13. NO THIRD PARTY BENEFICIARY.

A. This agreement is solely for the benefit of the parties and nothing in this Agreement shall act to confer third-

party beneficiary rights on any person or entity not a party to this agreement.

14. SEVERABILITY .

A . In case any one or more of the provisions of this Agreement shall for any reason be held to be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, but this Agreement

shall be constructed and enforced as if such illegal or invalid provision had not been contained therein.

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

VILLAGE OF RED HOOK

By: ___________________________________ Karen Smythe, Mayor

VILLAGE OF TIVOLI

By: ___________________________________ Emily Major, Mayor

Execution Page Police Services Agreement Village of Red Hook and Village of Tivoli

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