[HISTORY: Adopted by the City Council of the City of Ogdensburg 12-15-1975 as Ch. 104 of the 1975 Ogdensburg
Municipal Code. Amendments noted where applicable.]
For the purposes of this mutual sharing plan, the following
terms shall be defined as indicated:
The text of this plan which is identical in terms and effect
with similar plans or agreements, notwithstanding that each such contract
is signed only by the chief executive officer of each participating
municipality filing the same, and upon such filing each filing municipality
accepts the terms of the contract to the same degree and effect as
if each chief executive officer had signed each individual contract.
The central place where the participating municipalities
file all similar plans or contracts for shared services.
Any city, county, town or village which has agreed to be
bound by a contract of shared services identical in terms and effect
with this plan and has filed a certified copy of a resolution to that
effect with the designated filing agent as defined herein.
Any service provided by one municipality for another municipality
that is consistent with the purposes and intent of this contract and
shall include but shall not be limited to:
The renting, exchanging, or lending of highway machinery, tools
and equipment, with or without operators;
The borrowing or lending of supplies between municipalities
on a temporary basis conditioned upon the replacement of such supplies
or conditioned upon the obtaining of equal value through the provision
of a service by the borrower or by the lending of equipment by the
borrower, the value of which is equal to the borrowed supplies;
The providing of specific service for another municipality,
conditioned on such other municipality providing a similar service,
or a service of equal value, in exchange.
In the case of a county, the County Superintendent of Highways,
or the person having the power and authority to perform the duties
generally performed by County Superintendents of Highways.
In the case of a town, the Town Superintendent of Highways.
In the case of a village, the Superintendent of Public Works.
In the case of the City, Director of Public Works.
The City Manager shall execute a contract incorporating the
terms hereof and he/she will consider this contract to be applicable
to any municipality which has filed a similar contract in the office
of the designated filing agent and which has sent a notice of such
filing to the officer signing this agreement and the Director of Public
Works of the City of Ogdensburg.
The Director of Public Works is granted the authority to enter
into any shared service agreement with any other municipality or other
municipalities subject to the following terms and conditions:
A.
The
City of Ogdensburg agrees to rent, exchange or borrow from any municipality
any and all materials, machinery and equipment, with or without operators,
which it may need for the purposes of the City of Ogdensburg. The
determination as to whether such machinery, with or without operators,
is needed by the City of Ogdensburg shall be made by the Director
of Public Works. The value of materials or supplies borrowed from
another municipality under this agreement may be returned in the form
of similar types and amounts of materials or supplies, or by the supply
of equipment or the giving of services of equal value, to be determined
by mutual agreement of the respective Superintendents.
B.
The
City of Ogdensburg agrees to rent, exchange or lend to any municipality
any and all materials, machinery and equipment, with or without operators,
which such municipality may need for its purposes. The determination
as to whether such machinery or material is available for renting,
exchanging or lending shall be made by the Director of Public Works.
In the event the Director of Public Works determines that it will
be in the interests of the City of Ogdensburg to lend to any other
municipality, the Director of Public Works is hereby authorized to
lend to another municipality. The value of supplies or materials loaned
to another municipality may be returned to the City of Ogdensburg
by the borrowing municipality in the form of similar types and amounts
of materials or supplies, or by the use of equipment or receipt of
services of equal value, to be determined by mutual agreement of the
respective superintendents.
C.
An
operator of equipment rented or loaned to another municipality, when
operating such equipment for the borrowing municipality, shall be
subject to the direction and control of the superintendent of the
borrowing municipality in relation to the manner in which the work
is to be completed. However, the method by which the machine is to
be operated shall be determined by the operator.
D.
When
receiving the services of an operator with a machine or equipment,
the receiving superintendent shall make no request of any operator
which would be inconsistent with any labor agreement that exists for
the benefit of the operator in the municipality by which the operator
is employed.
E.
The
lending municipality shall be liable for any negligent act resulting
from the operation of its machinery or equipment by its own operator.
In the event damages are caused as a result of directions given to
perform work, then the lending municipality shall be held harmless
by the borrowing municipality.
F.
Each
municipality shall remain fully responsible for its own employees,
including salary, benefits and workers compensation.
The renting, borrowing or leasing of any particular piece of
machinery or equipment, or the exchanging or borrowing of materials
or supplies, or the providing of a specific service shall be evidenced
by the signing of a memorandum by the superintendent. Such memorandum
may be delivered to the other party via regular mail, electronic mail,
personal delivery or by facsimile machine. In the event there is no
written acceptance of the memorandum, the using of the machinery,
the receipt of the material or supplies or the acceptance of a service
shall be evidence of the acceptance of the offer to rent, exchange
or lend.
In the event a municipality wishes to rent machinery or equipment
from another municipality or in the event a municipality wishes to
determine the value of such renting for purposes of exchanging shared
services of a comparable value, it is agreed that the value of the
shared service shall be as set forth by the superintendent authorizing
the lease of machinery or equipment.
All machinery and the operator, for the purpose of workers compensation, liability and any other relationship with third parties, except as provided in § 44-4E of this chapter, shall be considered the machinery of and the employee of the municipality owning the machinery and equipment.
In the event machinery or equipment being operated by an employee
of the owning municipality is damaged or otherwise in need of repair
while working for another municipality, the municipality owning the
machinery or equipment shall be responsible to make or pay for such
repairs. In the event an employee of the borrowing, receiving or renting
municipality operates machinery or equipment, such municipality shall
be responsible for such repairs.
Records shall be maintained by each municipality setting forth
all machinery rentals, exchanges, borrowings or other shared services.
Such records will be available for inspection by any municipality
that has shared services with such municipality.
In the event any dispute arises relating to any shared service,
and in the event such dispute cannot be resolved between the parties,
such dispute shall be subject to mediation.
Any party to a mutual sharing contract may revoke such contract by sending a notice of such revocation to the designated filing agent and a copy thereof to each participating municipality filing as required by § 44-2 of this chapter, within the definition of "municipality." Upon the revocation of such contract, any outstanding obligations shall be settled within 30 days of such revocation unless the parties with whom an obligation is due agree in writing to extend such date of settlement.
Any action taken by the Director of Public Works pursuant to
the provisions of this contract shall be consistent with the duties
of such official, and expenditures incurred shall not exceed the amounts
set forth in the City of Ogdensburg's budget for highway purposes.
A record of all transactions that have taken place as a result
of the City of Ogdensburg participating in a Mutual Services Plan
shall be kept by the Director of Public Works and a statement thereof
shall be provided to the City Manager on or before January 31 and
July 31 of each calendar year.
If any provision of this chapter and subsequent agreement is
deemed to be invalid or inoperative for any reason, that part shall
be deemed modified to the extent necessary to make it valid and operative
or, if it cannot be so modified, then severed, and the remainder of
the contract shall continue in full force and effect as if the contract
had been signed or filed with the designated filing agent with the
invalid portion so modified or eliminated.
This plan and any contracts entered into pursuant to this plan
shall be reviewed every five years by the City of Ogdensburg City
Council and shall expire five years from the date of its signing by
the City Manager. The City of Ogdensburg City Council may extend or
renew this plan and the contracts thereunder for another five-year
period.
