HomeMy WebLinkAboutTnIthCourt05142012.pdf1
AGREEMENT
between
Village of Cayuga Heights, N.Y.
(hereinafter sometimes "the Village")
and
Town of Ithaca, N.Y.
(hereinafter sometimes "the Town")
This AGREEMENT made this day of June, 2012. by and between the Town Board
of the Town of Ithaca and Village of Cayuga Heights.
Whereas the Town Board of the Town of Ithaca desires to have a uniformed police
officer in attendance in Town Court as a court attendant to foster a sense of decorum, and
only to provide policing services or police protection if circumstances arise that require a
response before an officer from a department with jurisdiction arrives, and;
Whereas the Board of Trustees of the Village of Cayuga Heights wishes to promote inter-
municipal cooperation and provide this limited service to the Town of Ithaca in a cost-
effective manner;
Therefore the parties hereby enter into this Agreement.
1. The Village of Cayuga Heights Police Department shall provide a police officer
on the Wednesday evenings when the Ithaca Town Court is held. The officer
shall be in attendance at the Ithaca Town Court for a period typically beginning at
3:45 p.m., and during a typical Court calendar of cases not exceeding four hours.
The officer shall remain in attendance until the court session ends.
2. Said officer shall be a regular full-time or part-time member of the Cayuga
Heights Police Department and wearing the uniform of said department.
3. The officer serve as an attendant to the court, and shall only exercise police
powers in the event and to the extent that circumstances require a response before
an officer from a department with jurisdiction arrives.
4. In the event that police assistance or protection is required, a department with
jurisdiction (e.g. City of Ithaca Police, Tompkins County Sheriff, New York State
Police) shall be contacted and the responding agency will have authority as provided
by law.
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5. In consideration of this service, the Town shall pay the Village $200 per scheduled
court date of four hours; exceeding hours will be billed at $60 per hour more. If
the Court shall request attendance at other times (for a jury trial, for example), the
Town shall make separate arrangements for same with the Village Police Department
in advance. The Village will send the Town Supervisor a voucher for payment at least
thirty (30) days in advance of the date payments are due. Payments shall be made
for the previous quarter by February 15, May 15, August 15, and November 15.
Payments shall be sent to the Village Clerk, Village of Cayuga Heights, 836
Hanshaw Road, Ithaca, NY 14850.
6. To avoid payment in the event that a court date is cancelled, the Town shall
notify the Village Chief of Police no later than 30 days in advance, so that
scheduled staffing may be adjusted.
7. The relationship of the Village and its police officers to the Town is that of an
independent contractor. The police officers shall at all times remain and be
considered Village employees. The Village shall be responsible for all
salaries, benefits, taxes, insurance, workers' compensation, uniform, and
transportation expenses pertaining to this Agreement The police officers shall
not hold themselves out as, nor claim to be, officers or employees of the Town,
and they shall make no claim nor demand for, nor be entitled to, any right or
privilege as a Town officer or employee, including but not limited to workers'
compensation coverage, medical or unemployment benefits, or Social Security
or retirement membership benefits from the Town.
8. The Town shall defend, indemnify, and save harmless the Village and its
respective employees, agents and elected officials from and against any and
all liability, damages, actions, expenses, reasonable counsel fees and other
fees, penalties, causes of actions, suits, costs, claims or judgments arising
from or relating to any omission of duty, negligence or wrongful act of the
Town, its employees, or its agents in connection with this Agreement.
9. The Village shall defend, indemnify, and save harmless the Town and its
respective employees, agents and elected officials from and against any and
all liability, damages, actions, expenses, reasonable counsel fees and other
fees, penalties, causes of actions, suits, costs, claims or judgments arising
from or relating to any omission of duty, negligence or wrongful act of the
Village, its police officers, any of its other employees, or its agents in
connection with this Agreement.
10. Following ratification by the governing Boards of both parties, this
Agreement shall be in effect for a term of three (3) years beginning June 1,
2012, and expiring on May 31, 2015.
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11. Either party may terminate this Agreement with thirty days written notice to
the other party. Notifications shall be deemed given upon receipt and shall be
hand- delivered or sent by certified mail, return receipt requested, to the
Mayor or Supervisor of the other party at the municipal offices of that party.
12. This Agreement is the entire agreement of the parties and supersedes any
previous understandings, representations, commitments or agreements, oral or
written, and shall be governed by the laws of the State of New York.
13. This Agreement may be executed in duplicate or in counterparts, and may be amended only by
the written consent of both parties.
14. This Agreement or any right hereunder may not be assigned by a party
without the written consent of the other party.
FOR THE VILLAGE OF CAYUGA HEIGHTS, N.Y.
Signed on this day of 2012
Kate Supron
Mayor
FOR THE TOWN OF ITHACA, N.Y.
Signed on this day of 2012
Herb Engman
Supervisor