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Intermunicipal Agreements

Intermunicipal Agreements. Intermunicipal Agreements Overview. Introduction Options and Op portunities Intermunicipal Agreements Legal Authority Definitions Participants Examples Around New York State. Tax Levy and Assessments. Village Taxes. School Taxes. Special Districts.

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Intermunicipal Agreements

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  1. Intermunicipal Agreements

  2. Intermunicipal Agreements Overview • Introduction • Options and Opportunities • Intermunicipal Agreements • Legal Authority • Definitions • Participants • Examples Around New York State

  3. Tax Levy and Assessments Village Taxes School Taxes Special Districts

  4. Shared Services? Intermunicipal Cooperation? Reprinted with permission from Roger K. Lewis

  5. Cost of Local Government Services

  6. Why Work Together? • Efficiency and effectiveness • Reduced expenses based on economies of scale • Minimize service duplication • Share resources or specialized skills • Use of best practices • Focus on services are most appropriate to share Efficiency Cost

  7. Obstacles to Cooperation • Loss of local control • Loss of identity • Loss of authority • Increased travel for services • Fear of job loss • Political landscape

  8. Costs versus Community Values Cost Services Equity Among Partners

  9. Levels of Cooperation

  10. DEVELOPING AN INTERMUNICIPAL AGREEMENT

  11. Strategies for Cooperation • Identify Opportunity • Understand the Program’s Feasibility • Negotiate Agreement • Build and Maintain Support • Anticipate Roadblocks

  12. Types of Agreements • Service agreements • Municipality provide services to another. Fees are sometimes transferred through a swap of resources or exchange of services. • Joint agreements • Municipalities work together to provide services.

  13. The MOU vs The IMA Memorandum of Understanding Intermunicipal Agreement Formal document committing two or more municipal parties to specific actions Typically a binding agreement • Agreement between two or more parties to work together on a project or meet an agreed upon objective • Typically not binding

  14. Why an IMA? • Protect the community • Clearly states tasks between partners • Eliminate misunderstanding and promote fairness • Better facilitate changes in the arrangement • Promote continuity in program

  15. Legal Authority New York State Constitution Article IX, Section 1(c) Local governments shall have power to agree, ….. with one or more other governments …. to provide cooperatively, ….. any facility, service, activity or undertaking which each participating local government has the power to provide separately.

  16. Legal Authority General Municipal Law Article 5-G municipal corporations and districts shall have power to enter into, amend, cancel and terminate agreements for the performance among themselves or one for the other of their respective functions

  17. Definitions • “Municipal Corporation” • a county outside the City of New York, a city, a town, a village, a board of cooperative educational services, a fire district or a school district. • “District” • A county or town improvement district for which the county or towns

  18. Definitions • “Joint service” • … provision of any municipal facility, service, activity, project or undertaking or the joint performance or exercise of any function or power which each … has the power … to provide, … , separately… ”

  19. Developing AN Intermunicipal Agreements

  20. Getting Started • One size does not fit all • Can customize agreements • May include service swaps, fees for service and equipment exchange • Shared by contiguous and non- contiguous municipalities and districts

  21. Content • Nature of the Agreement • Scope of Service • Personnel • Service Charges • Liabilities of the Parties • Contract Term, Amendment and Termination

  22. Content • Identify involved local governments involved • Describe the service to be performed • Explain reasons for entering into the contract and cite the statutory authority • Define key terms in the contract language

  23. Scope of Service • Performance standards for the proposed service • Service availability and limitations • Provisions for increasing or reducing the level of service

  24. Establishment of a Joint Agency If a joint body or agency will administer a joint service, the agreement should: • Specify the composition of that body • Method of selection of its members and officers, and their duties • Define authority and responsibilities of the joint agency • State the frequency of its meetings • Describe the rocedures for calling special meetings

  25. Personnel Options for staffing a joint body or agency • Each municipality contributes a portion of the work force • Designation of one local government as employer for all staff • Reimbursement for costs related to employment of joint staff and admin costs

  26. Personnel • Civil Service Law §70(2) • Transfer of personnel upon the transfer of function from one governmental entity to another • Civil Service Law §70(5) • Specifically addresses transfer of police personnel • Civil Service Law §83 through §83-g • Provides for the creation of a Police Advisory Board when a dissolution/abolishment occurs

  27. Property Define ownership of property • Property acquired as “tenants in common” or “undivided interest” • Property acquired by one participant, and administered together; or • Title to the property as joint tenants Disposition upon termination of the agreement

  28. Service Charges • Amount, times and method of payments • Charges may be levied as: • flat rates (daily, weekly or otherwise), • actual “out-of pocket” expenses, • population, • assessed valuation, or • a combination of these and other factors • Renegotiation of charges periodically during term

  29. Liability of the Parties • Opportunity to negotiate and include insurance requirements and indemnification • Hold Harmless/Indemnification Agreements • Insurance Procurement Agreements • Review IMAs with insurance providers early • Review policies from partners to ensure adequate coverage

  30. Contract Term, Amendment and Termination • General Municipal Law Section 119-o(2)(j) • Limited to a term of 5 years • Or to the useful life of a capital improvement for which there is indebtedness • An IMA must have terms to start, stop, and reauthorize

  31. Contract Term, Amendment and Termination • An IMA may be renewed by the governing bodies… • May NOT contain a clause that renders the IMA automatically renewed unless terminated. • Renewal or extension must require an active, comprehensive review by the participating governing bodies.

  32. EXAMPLES OF JOINT PROGRAMS

  33. Shared Highway Services Ulster County • Increasing maintenance costs • Analysis identified options to combine space, service, or departments • AVL program for shared deployment of highway vehicles • Towns plowing roads for the county

  34. Emergency Services Consolidation Hamlin-Morton-Walker Fire District • New regulations and standards demand greater efficiency • Enhanced coordination and interoperability

  35. Emergency Services Town and Village of Saugerties • Consolidated police departments • No loss of coverage or service • Savings for both Town and Village taxpayers

  36. Shared Infrastructure Towns of Putnam and Ticonderoga • Joint sewer system • Addressed failing septic systems on Lake George • Median household savings of $367

  37. Records Management Schuyler County Shortages of space and personnel Centralized facility Savings in reduced operating costs Better management of records

  38. Other Examples • Shared Fuel and Maintenance Facilities • Administrative Services • Consolidated school business office • Maintenance, Purchasing and Technology Service

  39. Other Examples • Coordinated Courts Service • Shared Utility/Utility Aggregation • Zoning, Planning, Code Enforcement • Economic Development • Transportation

  40. LGE Program Assists local governments develop and implement new opportunities for savings and service delivery efficiencies.

  41. LGE Funding • Planning • The maximum grant is $12,500 per municipality; up to a maximum of $100,000. • 50% State Funds/50% Local Fund • Implementation • The maximum grant is $200,000 per municipality; up to a maximum of $1,000,000 • 90% State Funds/10% Local Fund

  42. Local Government Efficiency Program 99 Washington Ave, Suite 1015 Albany, NY 12231 (518) 473-3355 • (800) 367-8488 http://www.dos.ny.gov LGEProgram@dos.ny.gov

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