https://sleepyhollow.localarchives.org/files/original/589567ce293c23500c2dd35b950dc9f3.pdf 75c109789f50d64200b5711b1f9e7fe6 PDF Text Text Meeting Date: 12/11/2012 Resolution: 12/147/2012 Resolution of the Board of Trustees of the Village of Sleepy Hollow Authorizing Mayor to Sign Inter Municipal Agreement with the County of Westchester for Police Officer Training Program Whereas, the Village Board is desirous of entering into a 5 year inter municipal agreement with the county of Westchester for a Police Officer training program in which the Village provides instructors in exchange for free training, subject to the attached agreement, and Whereas, Village Counsel has reviewed and approved of the agreement. Now, therefore be it resolved the Board of Trustees hereby authorizes the Mayor to execute the inter-municipal agreement with the County of Westchester for its Police Officer training program. Moved: Trustee Carr Seconded: Trustee Campbell Vote: 5-0 �A G R E E M E N T made this day oF , 2012 by and between: T H E C O U N T Y O F W E S T C H E S T E R , a municipal corporation of the State of New York, having an office and place of business in the Michaelian Office Building, 148 Martine Avenue, White Plains, New York 10601 (hereinafter referred to as the "County") and a municipal corporation of the State of New York having an office and place of business at , New York (hereinafter referred to as the "Municipality") W H E R E A S , the County has a police training facility located in Valhalla, New York; and W H E R E A S , under New York State Law a newly appointed police officer of any county, city, town, village or police district ("Police Officer") must satisfactorily complete an approved municipal police basic training program within 12 months of being hired and may also be required as part of ongoing training to take additional courses as part of their employment requirements, including seminars, conferences, exercises, drills or workshops at the County's police training facility as well as at any o f f - s i t e location where such training takes place, (collectively, the "Police Academy"); and W H E R E A S , in order to comply with New York State Law, Police Officers from the Cuualy and olhci inunicipalities attend the Police Academy; and W H E R E A S , from time to time the Municipality will assign one or more of its police officers who are certified police instructors ("Instructor"), as part of his or her employment duties, to the Police Academy to provide instruction. N O W , T H E R E F O R E , in consideration of the terms and conditions herein contained, the parties agree as follows: �Section 1. The County and the Municipality agree that the County may utilize Instructors provided by the Municipality to teach Police Officers training courses, seminars, conferences, exercises, drills or workshops conducted at the police training facility located in Valhalla, NY as well as any off-site location where such training takes place (collectively, the "Police Academy"). Instructors must submit a lesson plan as well as a copy of any other presentation material to be used in conjunction with the lesson plan, excluding copyrighted material, to the Westchester County Commissioner of Public Safety, or his duly authorized designee (the "Commissioner"). Once approved, the Instructor shall teach in accordance with the approved lesson plan. Under no circumstances shall the Instructor cause any portion of any Police Academy training program to be audio or video recorded without the written consent of the Commissioner. During the period of time the Instructor is teaching at the Police Academy, the Instructor shall be under the control and direction of the Commissioner. Notwithstanding the foregoing, during the time that the Instructor is teaching at the Police Academy, in the event of a conflict because an Instructor is directed to act by both the Commissioner and the Municipality, the Commissioner's direction shall take priority. Section 2. I'he Municipality agrees that the Instructor will retain his or her status as an employee of the Municipality during the time that the Instructor is teaching at the Police Academy. The Municipality shall remain responsible for establishing the salary and benefits of the Instructor assigned to the Police Academy and for making all payments due the Instructor. Nothing contained herein shall be intended to create an employer/employee or agency relationship between the County and the Instructor or to confer on the Instructor any rights other than those that accrue to the Instructor as an employee of the Municipality. �Section 3. The Municipality agrees t o c g g e g t e with the County in coordinating and organizing the use by the County of the Instructors. In no event will the Municipality charge any indirect cost to the County for the administration or implementation of this Agreement. Section 4. The County shall defend and indemnify the Municipality in connection with any action or proceeding brought by a party other than the County or the Instructor against the Municipality, its officers, employees and/or elected officials, based on a claim or cause of action arising out of the Instructor's acts or omissions while acting within the scope of his or her duties as an Instructor at the Police Academy, provided that the Municipality shall (i) give the County prompt written notice of such action or proceeding, by delivering to the Westchester County Attorney ("County Attorney") the original or a copy of any summons, complaint, process, notice, demand, pleading or other communication regarding such claim, within five (5) days after the Municipality receives such document and prior to the entry of any default judgment; (ii) provide the County with a written request from the Municipality for defense and indemnification and (iii) give the County the full cooperation of both the Municipality and the Instructor in the defense of such action or proceeding and in defense of any action or proceeding against the County based upon the same act or omission. The duty to defend and indemnify shall not arise where injury or damage resulted from intentional wrongdoing or recklessness on the part of the Instructor. The County Attorney shall have full and complete discretion and control over the conduct of such defense. Fhe Municipality may, at any time, seek other representation and make an application for substitution of counsel of its choosing. In such event, the County shall have no further liability �•sponsibility to provide defense or indemnification for the Municipality pursuant to this or responsi Agreement. If, in any action or proceeding where the Municipality and the County, its officers, employees or elected officials are named as co-defendants, tacts shall be disclosed such that the interests of the Municipality and the County shall, in the sole opinion of the County Attorney, be adverse, then the County Attorney shall, upon written notice, decline or withdraw from representation of the Municipality. The written notice shall, to the extent practicable, set forth the reason for such confiict. In the event the County Attorney makes such a determination, then the County shall seek other representation, and make an application for substitution of counsel of the County's choosing, to defend the Municipality under this Agreement. In no event shall the County's obligation to provide defense and indemnification pursuant to this paragraph be construed to include claims arising outside the scope of the Instructor's teaching services or in connection with the Instructor's travel to and from the Police Academy to carry out such teaching services. In no event shall the County have any obligation to the Municipality or its Instructor for to New York General Municipal Law Section 2()7-c. Additionally, if an Instructor is injured during the time he or she is teaching at the Police Aeaden'iy, it is understood that the Instmctor. as an employee of the Municipality, would apply for coverage under the Municipality's workers compensation policy. Section 5. Except as set forth in Section 4 above, the Municipality agrees: �(a) that, except for the amount, i f any, of damage contributed to, caused by or resulting From the negligence of the County, the Municipality shall indemnify and hold harmless the County, its officers, employees and agents from and against all liability, damage, claims, demands, costs, judgments, attorneys' fees or loss arising directly or indirectly out of this Agreement, including without limitation the acts or omissions hereunder by the Municipality or the Municipality's Instructors or third parties under the direction or control of the Municipality, and (b) to provide defense for and defend, at its sole expense, any and all claims, demands or causes of action directly or indirectly arising out of this Agreement and for which indemnification is required to be provided under paragraph (a) above, and to bear all other costs and expenses related thereto. ~~~~ Section 6. This Agreement shall commence on March 21, 2012 and continue in full force and effect through March 20, 2017. Section 7. This Agreement may be terminated by either party by giving written notice of the termination to the other party not less than thirty (30) days prior to the effective date of such termination. Section 8. All notices of any nature referred to in this Agreement shall be in w riting and either sent by registered or certified mail postage pre-paid, or sent by hand or overnight courier, or sent by facsimile (with acknowledgment received and a copy of the notice sent by overnight courier), to the respective addresses set forth below or to such other addresses �as the respective parties hereto may designate in writing. Notice shall be effective on the date ot receipt. To the County: Commissioner - Sheriff of Public Safety Saw Mill River Parkway Hawthorne, New York 10532 With a copy to: County Attorney Michaelian Office Building, Room 600 148 Martine Avenue White Plains, New York 10601 )aliiy: To the Municipality: yiWm Section 9. n m Skepu m o ^ The failure of either party to insist upon strict performance of any term, condition or covenant herein shall not be deemed a waiver of any rights or remedies that the party may have, and shall not be deemed a waiver of any subsequent breach or default in the terms, conditions or covenants herein. Section 10. This Agreement shall not be enforceable until it has been approved by the Westchester County Board of Legislators and the Westchester County Board of Acquisition and Contract and the governing body of the Municipality and has been signed by both parties and approved by the Office of the County Attorney. �IN W I T N E S S W H E R E O F , the parties hereto have executed this Agreement on the day and year first above written. THE COUNTY OF WESTCHESTER By George N. Longworth Commissioner -Sheriff of Public Safety iVllJNICH'ALITY I Bv ik i i ^ ^ h (blame and Title) d ^V/VltLH ^ Approved by the Westchester County Board of Legislators by Act No 2012-117 on the lO"^ day of September 2012. Approved by the Board of Acquisition and Contract of the County of Westchester on the 11" day of October, 2012. Approved as to form and Manner of execution: Assistant County Attorney County of Westchester K/( )/dps/instructoragr2() 12.d«c Date �MUNI€tPALITY'S ACKNOWLEDGEMKNT STATE OF N E W Y O R K ) ) ss.: C O U N T Y OF W E S T C H E S T E R ) On this / f day ot i 20IJ. before me personally came HmApyj me known, and known to me to be the G- ( a J I I ^ , to o f _ j / c l ( ^ / J h e municipal corporation described in and which executed the within inslrument, who being by mc duly sworn did deK>.se and say r^ v d ^ g ^ j4l|W ^ M O y resides at tlie said t h a t ^ s h e is the of said municipal corporation. PAULA A MCCARTHY Notary Public - State of New York NO. 01MC6198640 Qualified in Westchesfer County , My Commtsslon Expires . f l J t ^ / i ' i �c i r n i m c m L m M m m m . (Municipal ity) — ^ •y ( f TfTih^) ille) named in Ihc foregoing agreement lhat I/O m e l h G j j J m ^ agreemen. on behalf of .he Municipality wa., at the time of execution n, wa, duly signed for on behalf of said Municipality by authority is in full force and effect at the date hereof. and that such authority is in (Sigiature) S T A T E OF N E W Y O R K ) COUNTY OF'WESTCHESTER) he/she is the dlMMM^^-^^J^^^ (THle)O Y M ^ f f ^ m ^ County A MCCARTHY N o t a r y Public - Slate of N e w York NO. 0 1 M C 6 1 9 8 6 4 0 Qualified in W e s t c h t s t s r f o u n f t My Commission Expires . Id-id fill d •<W � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Board of Trustees Meeting Minutes & Resolutions-2012 Text A resource consisting primarily of words for reading. Examples include books, letters, dissertations, poems, newspapers, articles, archives of mailing lists. Note that facsimiles or images of texts are still of the genre Text. Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource MINS_TRUST_2012-12-11_RES-147 Subject The topic of the resource Board of Trustees Minutes-2012 Date A point or period of time associated with an event in the lifecycle of the resource 2012 Rights Information about rights held in and over the resource Village of Sleepy Hollow All Rights Reserved. Type The nature or genre of the resource Text