Intermunicipal Agreements
Intermunicipal Agreements Overview
• Introduction • Options and Opportunities • Intermunicipal Agreements
– Legal Authority– Definitions– Participants
• Examples Around New York State
Tax Levy and Assessments
Village Taxes
School Taxes
Special Districts
Reprinted with permission from Roger K. Lewis
Shared Services?
IntermunicipalCooperation?
Cost of Local Government Services
• 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
Cost
Why Work Together?
Obstacles to Cooperation
• Loss of local control • Loss of identity• Loss of authority • Increased travel for services• Fear of job loss • Political landscape
Cost Services
Equity Among Partners
Costs versus Community Values
Levels of Cooperation
DEVELOPING AN INTERMUNICIPAL AGREEMENT
Strategies for Cooperation
• Identify Opportunity• Understand the Program’s Feasibility • Negotiate Agreement • Build and Maintain Support• Anticipate Roadblocks
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.
The MOU vs The IMA
Memorandum of Understanding
• Agreement between two or more parties to work together on a project or meet an agreed upon objective
• Typically not binding
Intermunicipal Agreement
• Formal document committing two or more municipal parties to specific actions
• Typically a binding agreement
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
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.
Legal Authority
General Municipal LawArticle 5-Gmunicipal 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
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
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… ”
DEVELOPING AN INTERMUNICIPAL AGREEMENTS
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
Content• Nature of the Agreement • Scope of Service• Personnel• Service Charges• Liabilities of the Parties• Contract Term, Amendment and Termination
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
Scope of Service
• Performance standards for the proposed service
• Service availability and limitations• Provisions for increasing or reducing the level
of service
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
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
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
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
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
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
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
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.
EXAMPLES OF JOINT PROGRAMS
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
Emergency Services Consolidation
Hamlin-Morton-Walker Fire District
• New regulations and standards demand greater efficiency
• Enhanced coordination and interoperability
Emergency Services
Town and Village of Saugerties
• Consolidated police departments
• No loss of coverage or service
• Savings for both Town and Village taxpayers
Shared InfrastructureTowns of Putnam and Ticonderoga•Joint sewer system •Addressed failing septic systems on Lake George•Median household savings of $367
Records ManagementSchuyler County•Shortages of space and personnel •Centralized facility •Savings in reduced operating costs•Better management of records
Other Examples
• Shared Fuel and Maintenance Facilities
• Administrative Services – Consolidated school
business office– Maintenance,
Purchasing and Technology Service
Other Examples
• Coordinated Courts Service
• Shared Utility/Utility Aggregation
• Zoning, Planning, Code Enforcement
• Economic Development • Transportation
LGE Program
Assists local governments develop and implement new opportunities for savings and service delivery efficiencies.
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
Local Government Efficiency Program
99 Washington Ave, Suite 1015Albany, NY 12231
(518) 473-3355 • (800) 367-8488
http://[email protected]
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