2026-802026-80
Resolution Authorizing Intermunicipal Agreement For Shared Highway And Public
Works Services
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 March 9,
2026.
The meeting was called to order by Joseph D. Cavaccini, Town Supervisor, and upon roll
being called, the following was recorded:
✓ Vote Record - Resolution RES -2026-80
Yes/Aye
No/Nay
Abstain
Absent
2 Adopted
❑ Adopted as Amended
Joseph D. Cavaccini
Voter
Q
❑
❑
❑
❑ Defeated
William H. Beale
Seconder
Q
❑
❑
❑
❑ Tabled
Heather O'Dell
Voter
Q
❑
❑
❑
❑ Withdrawn
Christopher Phillips
Voter
Q
❑
❑
❑
Al Casella
Mover
Q
❑
❑
❑
The following Resolution was introduced by Casella and seconded by Councilman Beale.
WHEREAS, the Town of Wappinger (the "Town") and the County of Dutchess, together with
other participating towns and villages within Dutchess County (collectively the
"Municipalities"), desire to enter into an Intermunicipal Agreement pursuant to Article 5-G
of the New York State General Municipal Law and Sections 102, 133-a, 135 and 142-b of
the New York State Highway Law; and
WHEREAS, the purpose of the Agreement is to promote governmental efficiency, reduce
taxpayer costs, eliminate duplication of services, and protect the public welfare by
allowing the participating municipalities to share personnel, equipment, and other
resources for highway and public works related services; and
WHEREAS, the Agreement provides a framework under which the participating
municipalities may request and provide assistance to one another for highway and public
works activities including remediation, repair, maintenance, construction, planning, and
emergency response on an as -requested and as -available basis; and
WHEREAS, the Agreement further provides that any participating municipality acting as a
provider of services may, at its sole discretion, request reimbursement from the receiving
municipality for services rendered in accordance with the most current New York State
Department of Transportation Equipment Rental Rate Schedule ("NYSDOT Bluebook
Rates") or other mutually agreed terms; and
WHEREAS, the Agreement establishes responsibilities for participating municipalities
relating to personnel, insurance, indemnification, equipment use, and compliance with
applicable local, state, and federal laws and regulations; and
WHEREAS, the initial term of the Agreement shall be for a period of five (5) years, with an
automatic renewal for one additional five (5) year term unless terminated or modified in
writing by any participating party; and
WHEREAS, Town Supervisor Joseph D. Cavaccini and Superintendent of Highways Michael
J. Sheehan have recommended that the participation in this IntermunicipalAgreement will
enhance the Town's ability to efficiently provide highway and public works services,
particularly during emergencies, peak operational needs, or specialized project
requirements.
NOW, THEREFORE, BE IT RESOLVED, that the Town Board of the Town of Wappinger hereby
authorizes the Town to enter into the Intermunicipal Agreement for Shared Services with
the County of Dutchess and participating municipalities within Dutchess County; and
BE IT FURTHER RESOLVED, that the Town Supervisor is hereby authorized to execute the
Intermunicipal Agreement and any related documents necessary to effectuate the intent of
this resolution, subject to review and approval as to form by the Town Attorney; and
BE IT FURTHER RESOLVED, that the Town Highway Superintendent and other appropriate
Town officials are authorized to coordinate with the County and participating municipalities
to implement the provisions of the Agreement and facilitate the sharing of services,
personnel, and equipment as contemplated therein; and
BE IT FURTHER RESOLVED, that this resolution shall take effect immediately.
The foregoing was put to a vote which resulted as follows:
RESULT: ADOPTED [UNANIMOUS]
MOVER: Al Casella, Councilman
SECONDER: William H. Beale, Councilman
AYES: Cavaccini, Beale, O'Dell, Phillips, Casella
Dated: Wappingers Falls, New York
3/9/2026
The Resolution is hereby duly declared Adopted.
P. PAOLONI, TOWN CLERK
INTERMUNICIPAL AGREEMENT FOR SHARED SERVICES
THIS AGREEMENT, made and entered into this day of , 2025, by and
between the COUNTY OF DUTCHESS, a municipal corporation with offices located at 22
Market Street, Poughkeepsie, New York 12601 (hereinafter referred to as the "COUNTY") and
the TOWNS OF
and the
VILLAGES OF , each municipal corporation located
within Dutchess County, New York (hereinafter referred to as the "MUNICIPALITIES")
WITNESSETH:
WHEREAS, this Agreement is made pursuant to Article 5-G of the New York State
General Municipal Law, and Sections 102, 133-a, 135 and 142-b of the New York State Highway
Law; and
WHEREAS, the County and Municipalities (hereinafter referred to as the "Parties") seek
to promote government efficiency, reduce taxpayer costs, eliminate redundant services, and
ensure public welfare through the sharing of equipment, personnel, and resources for highway
and public works projects;
WHEREAS, the Parties each operate highway departments and maintain facilities,
equipment, and personnel for highway -related services including remediation, repair,
maintenance, construction, planning, and emergency response; and
WHEREAS, the Parties desire to enter into a reciprocal agreement to share such services and
resources on an as -needed and as -available basis; and
WHEREAS, each participating Party able and willing to offer services pursuant to this
Agreement (hereinafter referred to as a "Provider") shall have the option, at its sole discretion, to
assess a fee or seek reimbursement from the recipient Party (hereinafter referred to as a
"Recipient") for those services rendered; and WHEREAS general oversight will be provided by
and through appropriate municipal and
County officials, designated by the Parties' chief operating officers, mayors, supervisors or
executives at their discretion to prepare and maintain annual reports, analysis, logs, maintenance
records, personnel assignments; and
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WHEREAS,the Parties agree to share and provide skilled personnel, equipment and
supplies for purposes set forth herein, on an as -requested basis and an as -available basis as
determined by the Parties in furtherance of shared municipal and countywide services, personnel
and equipment.
NOW THEREFORE, in consideration of the terms and conditions contained herein, and
mutual promises and undertakings recited below, the Parties hereto mutually agree as follows:
1. This Agreement shall commence on , 2026, and remain in effect for a period of
five (5) years. Upon expiration of the initial term, this Agreement shall automatically renew for
one (1) additional five (5) year term, unless terminated or modified in writing by any Party prior
to renewal. Any Party may withdraw from this Agreement upon sixty (30) days' written notice to
the other Parties, provided that such withdrawal does not disrupt ongoing projects or obligations.
2. Each Parry shall designate officials (e.g., Highway Superintendents, Commissioners of Public
Works) to coordinate shared services. Oversight shall be provided by officials designated by each Party's
chief executive.
3. Services, equipment, and personnel shall be shared at each Party's sole discretion, provided
such sharing does not impede the Party's own municipal operations. Shared services shall be reciprocal
and mutually beneficial.
4. In emergency situations, requests for shared services may be made verbally and
followed by written confirmation. Priority shall be given to life safety, public access, and
infrastructure protection.
5. Responsibilities of the Provider:
a. Be solely responsible for providing and maintaining workers' compensation
insurance coverage pursuant to the Workers' Compensation Law section 2(7) for all
employees who sustain work related injury, illness or disease while providing shared
services, aid and assistance to and for the County or Municipalities.
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b. Provide compensation to its personnel as it would if the employee performed work
for the Provider. Persons employed by the Parties shall retain all benefits,
privileges and rights pursuant to their individual employment status as members of
civil service, organized labor organizations or at will employment. There will not
be any change of employment status for any employee tasked with implementing
this Agreement in and for the provision of such services, municipal
aid and assistance.
c. Comport with, promote and ensure that safety standards established pursuant to
NYS Public Employee Safety and Health (PESH) and relevant local, state and
federal laws, rules and regulations are fully complied with including particularized
training, certification and or licensing requirements.
d. Comply with the provisions of all collective bargaining agreements to which
"Parties" are signatories as and through their employee membership in such
recognized organized labor organizations.
e. Maintain their own workforce as municipal employees and shall be required to
provide general liability, unemployment, professional liability, errors and omissions
insurance coverage for each such employee.
f. Ensure the return of shared equipment to the Provider, owner, renter or lessee, which
shall be effectuated contemporaneously with and upon inspection and determination
that such equipment is in the same or similar state of repair or condition as such
equipment had been at time of release and provision.
g. Make applications for and receive all necessary construction, remediation and
maintenance permits, licenses and certifications as required pursuant to local, state
and federal statutes, rules and regulations.
h. Retain responsibility for procurement of and payment for any materials and/or
supplies or resources necessary for the implementation of this Agreement and in
furtherance of the provision of shared services and mutual aid and assistance.
i. Be liable for the acts of its employees, agents and officers occurring in connection
with the use of shared equipment, including but not limited to repairs to or
replacement of borrowed equipment resulting from damage to the shared equipment
caused by the acts of the Recipient, its employees, agents and officers.
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j . Be responsible for coordinating the safe and efficient use of shared equipment by
duly trained and qualified personnel and the arrangement for the timely return to the
Provider by, through and in accordance with the terms of this Agreement.
k. Be responsible for the cost of maintenance and repairs and associated costs arising
from general wear and tear of the shared equipment and use of resources which shall
be quantified and fixed upon mutual agreement of the Parties.
1. If requesting reimbursement for its services, clearly communicate in writing to the
Recipient prior to the Provider's agreement to furnish the requested assistance. The
Recipient shall have the opportunity to accept or decline the proposed terms before
any commitment to provide services is finalized. Any such fee or reimbursement
request shall be pursuant to most current rates included in the New York State
Department of Transportation Equipment Rental Rate Schedule, more commonly
referred to as the NYSDOT Bluebook Rates, incorporated herein by reference.
6. Additional Obligations.
Each Party shall:
a. Ensure that all equipment provided for the implementation of this Agreement is
registered, licensed and insured as is necessary for the lawful use of such equipment.
b. Provide equipment on an as "as -needed" basis, and to ensure that a Provider will not
be liable for defects, known and unknown, resulting in any claims of civil liability.
c. Maintain a record of all services provided, rendered or received including but not
limited to personnel time expenditures, equipment, supplies and other resources in the
form generated thereby, including all records, logs, analyses, reports or other
documentation prepared, maintained and utilized for the purposes of administrative
review and audit.
d. Agree to defend, indemnify and hold harmless the other Party, including its officials,
employees and agents, against all claims, losses, damages, liabilities, costs or
expenses (including without limitation, reasonable attorney fees and costs of litigation
and/or settlement), whether incurred as a result of a claim by a third party or any
other person or entity, arising out of its performance pursuant to this Agreement,
which either Party, or its officials, employees or agents, may suffer by reason of any
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fault, act or omission of the other Party, its employees, representatives,
subcontractors, assignees, or agents. Notwithstanding the foregoing, each Party's
obligation to defend, indemnify and hold harmless the other Party shall have no
applicability to the extent that such other Party, its officers, agents, servants,
employees, contractors or subcontractors contributed to the claims, losses, damages,
costs or expenses.
In the event that any claim is made or any action is brought against the Provider
arising out of the fault, act, or omission of an employee, representative, subcontractor,
assignee, or agent of the Recipient, either within or without the scope of his/her
prospective employment, representation, subcontract, assignment, or agency, or
arising out of the Recipient's fault, act or omission, then the Provider reserves all
rights and remedies provided by law, in equity, or, pursuant to this Agreement.
e. Obtain and thereafter retain in full force and effect individualized general liability,
public liability, errors and omissions and automotive insurance coverages where
necessary and proper relative to the various tasks to be performed with limits of no
less than $1,000,000.00 per occurrence and $2,000,000.00 annual aggregate.
Confirmation of insurance coverages must be provided by the Recipient to the
Provider prior to the execution of this Agreement.
7. In accordance with the provision of section 109 of the NYS General Municipal Law, the
Parties hereto are prohibited from assigning, transferring, conveying, subletting or otherwise
disposing of this Agreement, or of its right, title or interest in this Agreement, to any other person
or corporation without the prior consent and approval in writing by the releasing Parties.
8. All Notices shall be directed to the addresses specified below, or to such other addresses as any
of the Parties may designate in writing:
Dutchess County:
Dutchess County Attorney
22 Market Street
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Poughkeepsie, NY 12601
and
Dutchess County Commissioner of Public Works
626 Dutchess Turnpike
Poughkeepsie, NY 12603
TOWNS: Town Attorney
Town Highway Department
VILLAGES: Village Attorney
Village Highway Department
9. That this Agreement may terminate with or without cause, upon provision of thirty (30) days
written notice to be forwarded in accordance with the Section 8 of this Agreement.
10. That all personnel employed by each of the Parties in furtherance of this Agreement, will
remain in the employ, title and position as those personnel had possessed at the time prior to and
during the provision of shared services and mutual aid and assistance and shall not be deemed to
be in the employ of any other parties to this Agreement.
11. That the Parties shall each be responsible for the payment of salaries and other compensation,
due and owing, to their individual employees during the time period in which such employees
are engaged in performing shared services and mutual aid and assistance.
12. That those Recipients requesting shared services pursuant to this Agreement shall have the
sole responsibility for providing any and all prerequisites for each projected undertaking which is
the subject of the provision of shared services and mutual aid and assistance or equipment
including all federal, state and local statutory, regulatory or administrative rules or regulations
pertaining to employee safety, training and environmental matters.
13. That a waiver of any breach of a term, provision, or condition of this Agreement shall be
valid only if it is in writing, complies with Section 8 of this Agreement, and is duly executed by
the Party granting the waiver. Such a waiver shall not be construed to affect the enforcement of
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any other term, provision, or condition of this Agreement, nor shall it serve as justification or
precedent for any repeated or future breach, unless the waiver explicitly states otherwise.
14. In the event a dispute relative to the terms of this Agreement arises and is unable to be
resolved between the involved Parties, the disputed matter shall be settled by Dutchess County
Supreme Court, in accordance with the laws of New York State
15. This Agreement, and any documents executed pursuant to it, may be signed in counterparts,
each of which shall be deemed an original, and all of which together shall constitute one and the
same instrument. A compiled copy containing all counterpart signatures shall be treated as the
original Agreement for all purposes.
Signatures may be provided in the following forms: handwritten (wet ink), electronic signatures
via DocuSign, and scanned signature pages transmitted via email. All such signatures shall be
deemed valid and binding as if manually executed in person
16. 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
writing and executed and acknowledged by the parties with the same formalities accorded this
basic Agreement.
17. The obligations of each Party under this Agreement are subject to annual appropriation of
funds by its governing body.
IN WITNESS WHEREOF, this Agreement has been executed by the Parties as of the
month, day and year listed above.
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