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2010-2182010-218 Resolution Authorizing Entry into Intermunicipal Agreement for Dutchess County Rail Trail At a regular meeting of the Town Board of the Town of Wappinger, Dutchess County, New York, held at Town Hall, 20 Middlebush Road, Wappingers Falls, New York, on June 14, 2010. The meeting was called to order by Christopher Colsey, Supervisor, and upon roll being called, the following were present: PRESENT: Supervisor Councilmembers ABSENT: Christopher J. Colsey William H. Beale Vincent F. Bettina Ismay Czarniecki Joseph P. Paoloni The following Resolution was introduced by Councilman Beale and seconded by Councilman Bettina. WHEREAS, the County of Dutchess ( "the County") is in the process of constructing the Dutchess Rail Trail ("Trail") which traverses through the Towns of Poughkeepsie, LaGrange, Wappinger and East Fishkill; and WHEREAS, the County has requested the Town of Wappinger to assist in providing proper maintenance for that portion of the Trail that traverses through the Town of Wappinger so as to encourage its use; and WHEREAS, the Town and the County have negotiated an agreement for maintenance of the Trail entitled "Intermunicipal Agreement Dutchess County Rail Trail" (the "Agreement") a copy of which is annexed hereto as Exhibit "A" and is made a part hereof. NOW, THEREFORE, BE IT RESOLVED: 1. The recitations above set forth are incorporated in this Resolution as if fully set forth and adopted herein. 2. The Town Board hereby accepts the terms and conditions set forth and contained in the "Intermunicipal Agreement Dutchess County Rail Trail", a copy of which is annexed hereto as Exhibit "A". 3. The Supervisor of the Town, Christopher J. Colsey, is hereby directed and authorized to execute "Intermunicipal Agreement Dutchess County Rail Trail" on behalf of the Town of Wappinger. The foregoing was put to a vote which resulted as follows: CHRISTOPHER COLSEY, SUPERVISOR Voting: AYE WILLIAM H. BEALE, COUNCILMAN Voting: AYE VINCENT F. BETTINA, COUNCILMAN Voting: AYE ISMAY CZARNIECKI, COUNCILWOMAN Voting: AYE JOSEPH P. PAOLONI, COUNCILMAN Voting: AYE Dated: Wappingers Falls, New York 6/14/2010 The Resolution is hereby duly declared adopted. r4LI'- -1PH`N (f.-AA7STERSON, TOWN CLERK 06/03/2010 14:49 8452974558 TOWN OF WAPPINGER PAGE 02/07 THIS AGREEMENT, made this • day of , 2010, by and between the COUNTY OF DUTCHESS, a municipal corporation with offices at 22 Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and the TOWN OF WAFFINGER, a municipal corporation with its offices at 20 Kddlcbush Road, Wappingers Falls, New York, 12590 (hcrcinafter referred to as the "TOWN") WITNESSETH: WHEREAS, the County is in the process of constructing the Dutchess Rail Trail ("Trail") which traverses through the Towns of Poughkeepsie, LaGrange, Wappinger and East Fishkill, and, .VV11MAS, the Town wishes to assist the Coun=ty in providing pxoper maiutemncc for that portion of the Trail that traverses through the Town of W appinger so as to encourage its use, NOW, T-IFREFORE, it is mutually agreed by and between the parties hereto as follows: 1. SCOPE OF SERVICES. The Town shall assist the County it the repair and maintenance of the Trail by providing the services as set forth on Exhibit "A," "Scope of Services," attached hereto and made a part hereof The Town's costs for the services to be provided pursuant to this Agreement are estimated not to exceed $7,500.00 for a calendar year. The Town agrees to budget the sum of $7,500.00 for the 2010 and 2011 budget years. The Town shall not be responsible for any costs exceeding $7,500.00. 2. TERM OF AGRERMENT. The term of this Agreement sba11 commence January 1, 2010, or the opening of the Rail Trail (completion of Stage 3), whichever date is later and termi=nate oa December 31, 2011. The County will notify the Town in writtiAg at least thirty (30) days in advance of the opening of the Rail Trail (completion of Stage 3). Representatives of the County and the Town will meet prior to November 1 of each year hereafter to review each party's maintenance responsibilities. 3. COUNTY TO INDEMNIFY THE TOWN. The County shall defend, protect, and indemnify the Town for damages done to property, injury, or death to persons resulting from the negligence of the County's employees in connection with this agreement. 4. TOWN TO INDEMNIFY COUNTY. The Town shall defend, protect, and indemnify the County for damages done to property, injury or death to persons resulting from the negligence of the Town's employees in connection with this agreement. 5. INSURANCE REOMENTS. • At all times during the term. of this agreement, the parties agree to maintain the following insurance and shall provide proof thereof to each other in the fo= of a Ccrdficatc of Insurance: G -1391 -K 06/03/2010 14:49 8452974558 TOWN OF WAPPINGER PAGE 03/07 (a) Statutory Worker's Compensafion coverage in compliance with the Compensation Law of the State of New York- (b) ork (b) General Liability Insurance coverage in the comprehensive or commercial general liability form in the amount of five million dollars ($5,000,000.00) per occurrence. The patties agree to list each other as additional insured. 6. DISPEMS. The parties agree that should disagreements arise in connection with this agreement that the parties will jointly choose an arbitrator to hear and resolve the disagreement. In the event the parties are unable to agree upon an arbitrator •witivn two (2) weeks from demand of the other party, either party to this Agreement may make application to any resident Justice of the New York State Supreme Court, sitting in Dutchess County, to appoint an arbitrator. The parties will equally divide the cost of the arbitrator 7. ENTIRE AGREEMENT. The terms of this Agreement, including its attachments and exhibits, represent the final intent of the parties. Any modification, rescission or waiver of the terms of this Agreement must be in vaitiog and executed and acknowledged by the parties with the same formalities accorded this basic Agreement. IN WITNESS WHEREOF, the parties hereto have executed thus Agreement. APPROVED AS TO FORM: ACCEPTED: COUNTY OF DUTCHESS County Attorney's Office APPROVED AS TO CONTENT: BY: William R. Steinhaus County Executive TOWN OF WAPPINGER. BY: Department of Public Works • ' Print Name: Title: 06/03/2010 14:49 8452974558 TOWN OF WAPPINGER PAGE 04/07 STATE OF NEW YORK ) )ss' COUNTY OF DUTCIMSS ) On the day of , 20 _, before mc, the undersigned, personally appeared. CHRISTOPHER J. COLSEY known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instnunent and acknowledged to me that he executed the same in his capacity, and that by his signature on the insiramerx , the individual, or the person upon behalf of which the individual acted, executed the instrument Notary Public STATE OF NEW YORK ) ) ss: COUNTY OF DUTCI-MSS ) On the day of , 20^, before me, the undersigned, personally appeared WILLIAM R,: STERgHA.US ]mown to me or proved to me ora the basis of satisfactory evidence to be the individual whose name is subscribed'to the within instr nnent and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instn went Notary Public 06/03/2010 14:49 8452974558 TOWN OF WAPPINGER PAGE 05/07 DUTCHESS RAIL TRAIL SCOPE OF SERVICES FOR MAIl1'TENANCE AGREEMENT The following are the categories of repair, maintenance and improvements which the parties contemplate will be necessary for the Dutchess Rail Trail: 1. Substantial Repairs- The County shall be responsible for all major repairs 2nd/or replacement of any improvements associated with the Rail Trail including, but not limited to capital improvements, pavement or sm-face maintenance and repair, including surface of jogging trail. For the purposes of this paragraph the term "substantial and/or major repairs"' shall mean any repair costing more than $100.00 in materials or requiring more than five man hours. 2. Miscellaneous or Minor Repairs. 'The Town shall perform minor repairs to fence railings, nature and information stations, benches and other similar improvements to the Rail Trail and related appurtenances. For the purposes of this paragraph, a minor repair shall be deemed to be any repair costing $100.00 or less in materials supplied by the Town or requiring less than five Haan hours. Notwithstanding the foregoing, the Town's responsibility with regard to minor repairs shall not exceed $3,500.00 in -any calendar year. The Town shah only be responsible for minor repairs and not any replacements to original improvements made by the County. The County shall perform all other repairs to fence railings, nature and information stations, benches and other similar improvements to the Rail Tran. The County shall stockpile or obtain for the Town's use those materials that would typically be needed for minor repairs. It is expressly understood that the Town' shall not be required to replace any improvements. An example of a minor repair is the repair or replacement of one or two fence rails or the repair of one or two bench slats. 3. Inspection and Monitoring- The County and the Town will conduct biweekly inspections of the Rail Trail to identify obstacles, hazards, or items needing repair or maintenance. The Town will notify the County as soon as practicable, of those obstacles, hazards or items heeding repair maintenance that are the County's responsibWty under the terms of this agreement. The County will conduct the first inspection on the first Friday after the Trail is officially opened by the County. During the months of January through March, the County and Town wiU conduct monthly inspections as conditions permit The Town shall be permitted to use a motor vehicle when conducting its inspections: 4. Vegetation Removal — The County shall be responsible for a regular schedule of coarse' vegetation maintenance, including cutting, clearing and removal, to limit encroachment on the trail. This work shall be performed a lmiuimum of twice a year in June and August.'At a minimum, the Town shall perform light trimming and removal* of small tree limbs, branches and encroaching brush in May and July and upon request of the County. The County and the Town shall conduct additional vegetation removal as heeded. 06/03/2010 14:49 B45297455B TOWN OF WAPPINGER PAGE 06/07 5. MoMdU . The County shall brush hog the shoulders of the Rail Trail a minimum of four (4) times per year. The Town shall mow all of the areas surrounding the Rail Trail improvements such as parking areas, nature and information stations and benches, a minimum of six (6) times per year. 6. Garbage Removal- Prior to the completion of the construction of the Rail Trail, the County shall remove all litter, junk and debris from any portion of the Rail Trail that is being developed. 7. Litter RennovaI- The County will place litter receptacles in parking areas only. The Town shall remove garbage, litter and other small debris on a weekly -basis, The County will install signs that indicate that.the Rail Trail is a carry in/carry out linear park, The Town shall empty the trash cans located in the parking areas. The County and the Town will use best efforts to have garbage, litter and debris removal undertaken by volunteer organizations. Any such volunteer organizations must be approved by the County before undertaking this work. 8. Grafflti- The County and the Town shall work together on a case by case basis when removal of graffiti is required. When the Town performs graffiti removal operations, the County shall supply paint and/or other materials which would be required. Graffiti removal shall be treated as a minor repair by the Town. 9, Surface Maintenance During Winter Months- It is anticipated that the Rail Trail shall be kept in its natural condition during 'winter months, with neither the Rail Trail nor access walkways being plowed or sanded. The Town agrees to plow and sand the designated Rail Trail parking areas as soon as practicable considering the Town's road plowing and sanding requirements. The Town shall sweep the parking areas on an annual basis during the spring of each year. The County shall post signs in each parking area indicating that the Rail Trail, parking areas and walkways can be used by the public at their own risk. 10. Sign. Repair Notification- The County shall Inspect the condition and placement of required signs in its periodic *Inspections of the Bail Trail. During its bi-weekly inspections, the Town shall notify the County of any repairs that may be needed to any signs. Such notification by the Town shall be deemed gratuitoits and failure to notify the County of any apparent need for sign repair shall not be deemed a violation of this Agreement. It shall be the County's duty to maintain, repair and/or replace any signs. 11. Drainage Unkeec►/Storm Water Management Facilities- The Town shall inspect the drainage culverts and storm water management facilities on or near the Rail Trail on an annual basis during the spring of each year to determine the existence of blockages and perform routine maintenance operations such as cleanki culvert inlets that are located along the trail and catch basions which are located in parking lots only. The County, upon notice by the Town, shall be responsible for removal of drainage blockages and associated repairs It is not the intent of this paragraph to transfer the County's respowibilities under the MS4 regulations to the Town. 06/0312010 14:49 8452974558 TOWN OF WAPPINGER PAGE 07/07 12. Animal Control- The Town .shall n,oft the County' of the existence of beaver dams or other similar animal related nuisances -so that the County can address the particular situation,. 13. Emergencies- Both the County and the Town shall have the right to close arty section of the Rail Trail for emergency or safety purposes. The Town official who makes the decision to close the Rail, 'frail shall contact the appropriate fire, police and rescue authorities, post the closed trail sign and contact the 24 hour dispatcher at the Dutehess County Department of Public Works Highway Systems Management Division at (845) 486-2900. The following items of information should be provided to the dispatcher, the nature and .location of the incident, the end points of the closed segment of the Rail Trail, the time and expected duration of the closure and what, if any assistance is requested from the County. The following Town officials are hereby authorized by the Town Board to close any portion of the Rail Trail, within the Town for emergency or safety purposes: Supervisor, Deputy Supervisor, Highway Superintendent or Director of Recreation. 14. Police Presence- The Town shall not be responsible to provide any police patrol or response to any incidents atton the Rail Trail The County shall be responsible, to the extent practical, for curing and/or remedying any points of unauthorized access or eacroachment.