§ 119-o. Performance of municipal cooperative activities; alternative
powers; alternative assignment of responsibilities. 1. In addition to
any other general or special powers vested in municipal corporations and
districts for the performance of their respective functions, powers or
duties on an individual, cooperative, joint or contract basis, 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, powers and duties on a
cooperative or contract basis or for the provision of a joint service or
a joint water, sewage or drainage project. Notwithstanding the foregoing
grant of authority, the temporary investment of moneys by more than one
municipal corporation or district pursuant to a municipal cooperation
agreement which meets the definition of "cooperative investment
agreement" as set forth in article three-A of this chapter shall be in
compliance with all of the requirements of that article. Any agreement
entered into hereunder shall be approved by each participating municipal
corporation or district by a majority vote of the voting strength of its
governing body. Where the authority of any municipal corporation or
district to perform by itself any function, power and duty or to provide
by itself any facility, service, activity, project or undertaking or the
financing thereof is, by any other general or special law, subject to a
public hearing, a mandatory or permissive referendum, consents of
governmental agencies, or other requirements applicable to the making of
contracts, then its right to participate in an agreement hereunder shall
be similarly conditioned. Municipal corporations and districts shall
also have the power to enter into, amend, cancel and terminate
agreements with a soil and water conservation district established under
the soil and water conservation districts law for the performance among
themselves or one for the other of their respective functions, powers
and duties on a cooperative or contract basis or for the provision of a
joint service or a joint project; provided, however, that the exercise
of any powers and duties under this article by a soil and water
conservation district shall be subject to the powers, duties and
limitations in section nine of the soil and water conservation districts
law.

2. An agreement may contain provisions relating to:

a. A method or formula for equitably providing for and allocating
revenues and for equitably allocating and financing the capital and
operating costs, including payments to reserve funds authorized by law
and payments of principal and interest on obligations. Such method or
formula shall be established by the participating corporations or
districts on a ratio of full valuations of real property, or on the
basis of the amount of services rendered or to be rendered, or benefits
received or conferred or to be received or conferred, or on the increase
in taxable assessed value attributable to the function, facility,
service, activity or project which is the subject of an agreement, or on
any other equitable basis, including the levying of taxes or assessments
to pay such costs on the entire area of the corporation or district, or
on a part thereof, which is benefited or which receives the service.

b. The manner of employing, engaging, compensating, transferring or
discharging necessary personnel, subject, however, to the provisions of
the civil service law where applicable; the making of employer's
contributions for retirement, social security, health insurance,
workers' compensation, volunteer firefighter and volunteer ambulance
worker benefits, including participation in a public group self-insurer,
and other similar benefits; the approval of attendances at conventions,
conferences and schools for public officials and the approval and
payment of travel and other expenses incurred in the performance of
official duties; the bonding of designated officers and employees; the
filing of oaths of office and resignations consistent with general laws
applicable thereto; provisions that for specific purposes designated
officers or employees of the joint service or a joint water, sewage or
drainage project shall be deemed those of a specified participating
corporation or district; and provisions that personnel assigned to a
joint service or a joint water, sewage or drainage project shall possess
the same powers, duties, immunities and privileges they would ordinarily
possess (1) if they performed their duties only in the corporation or
district by which they are employed or (2) if they were employed by the
corporation or district in which they are required to perform their
duties.

c. Responsibility for the establishment, operation and maintenance of
the joint service or joint water, sewage or drainage project and the
officers responsible for the immediate supervision and control thereof;
the fixing and collecting of charges, rates, rents or fees, where
appropriate, and the making and promulgation of necessary rules and
regulations and their enforcement by or with the assistance of the
participating corporations and districts; the conduct of hearings and
the determination of issues raised thereat; the making of necessary
inspections; the keeping of records and the making of reports including
those required by article three of the general municipal law; and
limitations or restrictions on individual participating corporations and
districts from providing or undertaking similar or competing facilities,
services, activities, projects, or undertakings.

d. Purchasing and making of contracts subject to general laws
applicable to municipal corporations and school districts.

e. Acquisition, ownership, custody, operation, maintenance, lease or
sale of real or personal property.

f. Acceptance of gifts, grants or bequests.

g. Making of claims for federal or state aid payable to the individual
or several participants on account of the joint service or a joint
water, sewage or drainage project.

h. Custody by the fiscal officer of one participant of any or all
moneys made available for expenditure for the joint service or a joint
water, sewage or drainage project and authorization to such fiscal
officer to make payments on audit of the auditing official or body of
the participating corporation or district of which he is the fiscal
officer.

i. Manner of responding for any liabilities that might be incurred in
the operation of the joint service or a joint water, sewage or drainage
project and insuring against any such liability.

j. Procedure for periodic review of the terms and conditions of the
agreement, including those relating to its duration, extension or
termination. The duration of an agreement hereinafter entered into,
unless otherwise provided by law, may extend up to a maximum term of
five years. With respect to agreements, the performance of which
involves the issuance by the participants of indebtedness, either joint
or several, the term of the agreement may extend up to a maximum period
of time equal to the period of probable usefulness established by
section 11.00 of the local finance law in connection with the object or
purpose for which the indebtedness was issued. Nothing herein contained
shall prevent or prohibit either the renewal of agreements upon
conclusion of the terms established, or amendments, modifications,
clarifications, or cancellations of agreements prior to conclusion of
the terms established.

k. Adjudication of disputes or disagreements, the effects of failure
of participating corporations or districts to pay their shares of the
costs and expenses and the rights of the other participants in such
cases.

l. Other matters as are reasonably necessary and proper to effectuate
and progress the joint service or a joint water, sewage or drainage
project.

m. A municipality may contract with another municipality or with a
municipal housing authority of another municipality, for the
construction, maintenance, operation or management of a public housing
project.

3. Municipal corporations are authorized as provided herein to adopt a
mutual sharing plan in order to undertake or receive any joint service
on behalf of or by another municipal corporation which has adopted a
mutual sharing plan. Services provided pursuant to such mutual sharing
plan shall be subject to the alternative assignment of responsibility
for certain expenses and liabilities relating to such joint service as
provided by this subdivision.

a. A governing body may adopt a mutual sharing plan by local law,
resolution or bylaw to confer the benefits of this section upon the
employees of such municipal corporation and to be held liable for the
costs incurred in the event of participation in a joint service with
another municipal corporation which has adopted a mutual sharing plan.
Such plan shall describe the officers or employees authorized to
undertake or authorize receipt of a joint service pursuant to the mutual
sharing plan, any limitations upon joint services which may be rendered
or received pursuant to it, and how and when notice of joint services
rendered or received pursuant to it shall be provided to the governing
body.

b. Upon adoption of a mutual sharing plan, a municipal corporation may
undertake or receive a joint service with another municipal corporation
which has adopted a mutual sharing plan. The municipal corporation
requesting the assistance of another municipal corporation pursuant to a
mutual sharing plan shall be liable and responsible to the assisting
municipal corporation for any loss of or damage to equipment employed in
provision of such joint service or use of supplies upon provision of
such joint service. Each municipal corporation shall be liable for
salaries and other compensation due to their own employees for the time
the employees are undertaking the joint service pursuant to a mutual
sharing plan, however the municipal corporation receiving the service
shall reimburse the assisting municipal corporation for actual and
necessary expenses upon written notice of such claim.

c. The authority to adopt a mutual sharing plan and to undertake joint
services pursuant to it shall be in addition to any other power or
authority conferred on municipal corporations pursuant to this article
or any other general or special law. A joint service may not be rendered
pursuant to a mutual sharing plan where another agreement has been
entered into pursuant to this section for such service between the
assisting and receiving municipal corporations.

4. Any school district or board of cooperative educational services
may join a panel established pursuant to article twelve-I of this
chapter, and may further participate in any of the activities of such
panel, with any participating county, town, city, village, fire
district, fire protection district, or special improvement district
participating in such panels. For cooperative agreements which involve
functions, services, or provisions permitted by this section, school
districts and boards of cooperative educational services shall be
permitted to create and execute such agreements, when a part of the
activity of such panel, without opinion or approval of the state
education department.