§ 1005-D — Sharing employees, services and resources; indemnity and defense

§ 1005-d. Sharing employees, services and resources; indemnity and\ndefense. 1. For the purposes of this section, the following words and\nterms shall have the following meanings unless the context indicates\nanother meaning or intent:\n (a) "Department" means the department of transportation.\n 2. A shared services agreement may be executed between the department\nand the authority, canal corporation, or both of them, only for an\nemergency situation or extreme weather conditions, to share employees,\nservices or resources as deemed appropriate including, but not limited\nto, for the performance of work and activities by the department on the\nfacilities and property under the jurisdiction of the authority or canal\ncorporation, and for the performance of work and activities by the\nauthority or canal corporation on the facilities and property under the\njurisdiction of the department. Such agreement or any project undertaken\npursuant to such an agreement shall not be deemed to impair the rights\nof bondholders and may provide for, but not be limited to, the\nmanagement, supervision and direction of such employees' performance of\nsuch services. Such agreement shall provide that the term shall not be\nlonger than ten days. All shared employees shall remain employees of\ntheir respective employers and all applicable collectively bargained\nagreements shall remain in effect for the entire length of the shared\nservices agreement. Further, such shared services agreement shall not\namend, repeal or replace the terms of any agreement that is collectively\nnegotiated between an employer and an employee organization, including\nan agreement or interest arbitration award made pursuant to article\nfourteen of the civil service law.\n 3. The authority shall defend any unit, entity, officer or employee of\nthe department, using the forces of the department of law pursuant to\nsubdivision eleven of this section in any action, proceeding, claim,\ndemand or the prosecution of any appeal arising from or occasioned by\nthe acts or omissions to act in the performance of the functions of the\nauthority or canal corporation pursuant to a shared services agreement.\n 4. Defense pursuant to subdivision three of this section shall be\nconditioned upon the full cooperation of the department.\n 5. The authority shall indemnify and hold harmless any unit, entity,\nofficer or employee of the department in the amount of any judgment\nobtained against the department or in the amount of any settlement the\ndepartment enters into with the consent of the authority for any and all\nclaims, damages or liabilities arising from or occasioned by the acts or\nomissions to act of the authority or canal corporation pursuant to a\nshared services agreement; provided, however, that the act or omission\nfrom which such judgment or settlement arose occurred while the\nauthority or canal corporation was acting within the scope of its\nfunctions pursuant to a shared services agreement. No such settlement of\nany such action, proceeding, claim or demand shall be made without the\napproval of the authority's board of trustees or its designee.\n 6. Any claim or proceeding commenced against any unit, entity, officer\nor employee of the authority or canal corporation that arises pursuant\nto any shared services agreement shall not be construed in any way to\nimpair, alter, limit, modify, abrogate or restrict any immunity\navailable to or conferred upon any unit, entity, officer or employee of\nthe authority or canal corporation, or to impair, alter, limit, modify,\nabrogate or restrict any right to defense and indemnification provided\nfor any governmental officer or employee by, in accordance with, or by\nreason of, any other provision of state or federal statutory or common\nlaw.\n 7. (a) The state shall defend any unit, entity, officer or employee of\nthe authority and canal corporation using the forces of the department\nof law in any action, proceeding, claim, demand or the prosecution of\nany appeal arising from or occasioned by the acts or omissions to act in\nthe performance of the functions of the department pursuant to a shared\nservices agreement.\n (b) Defense pursuant to paragraph (a) of this subdivision shall be\nconditioned upon the full cooperation of the authority and canal\ncorporation.\n (c) The state shall indemnify and hold harmless any unit, entity,\nofficer or employee of the authority or canal corporation in the amount\nof any judgment obtained against the authority or canal corporation in\nthe amount of any settlement the authority or canal corporation enters\ninto with the consent of the state for any and all claims, damages or\nliabilities arising from or occasioned by the acts or omissions to act\non behalf of the department pursuant to a shared services agreement,\nprovided, however, that the act or omission from which such judgment or\nsettlement arose occurred while the department was acting within the\nscope of its functions pursuant to a shared services agreement. Any such\nsettlement shall be executed pursuant to section twenty-a of the court\nof claims act.\n (d) Any claim or proceeding commenced against any unit, entity,\nofficer or employee of the department pursuant to any shared services\nagreement shall not be construed in any way to impair, alter, limit,\nmodify, abrogate or restrict any immunity available to or conferred upon\nany unit, entity, officer or employee of the department, or to impair,\nalter, limit, modify, abrogate or restrict any right to defense and\nindemnification provided for any governmental officer or employee by, in\naccordance with, or by reason of, any other provision of state or\nfederal statutory or common law.\n (e) Any payment made pursuant to this subdivision or any monies paid\nfor a claim against or settlement with the department, authority or\ncanal corporation pursuant to this subdivision and pursuant to a shared\nservices agreement shall be paid from appropriations for payment by the\nstate pursuant to the court of claims act.\n 8. This section shall not in any way affect the obligation of any\nclaimant to give notice to the state, authority, or canal corporation\nunder section ten and section eleven of the court of claims act or any\nother provision of law provided, however, that notice served upon the\nstate, authority, or canal corporation who is a party to the shared\nservices agreement shall be valid notice on all parties to the\nagreement, when such claim arises out of such shared services agreement.\nThe state, authority and canal corporation shall notify each other when\nthey receive a notice of claim, notice of intention to make a claim or a\nclaim arising out of such agreement.\n 9. The provisions of this section shall not be construed to impair,\nalter, limit or modify the rights and obligations of any insurer under\nany insurance agreement.\n 10. Notwithstanding any other provision of law, when employed pursuant\nto a shared services agreement, employees of the authority, canal\ncorporation and department shall be deemed employees of all such\nentities and the state for purposes of the workers' compensation law.\n 11. At the request of the authority or canal corporation, services and\nassistance and legal services for the authority or canal corporation\nshall be performed by forces or officers of the department and the\ndepartment of law respectively, and all other state officers,\ndepartments, boards, divisions and commissions shall render services\nwithin their respective functions.\n 12. The authority shall prepare and submit to the governor, the\ntemporary president of the senate, the speaker of the assembly, the\nattorney general, and the comptroller on or before the first day of\nFebruary of each year, a report detailing each specific instance of\nresource sharing between the department, the authority, and the canal\ncorporation undertaken pursuant to this section during the preceding\ncalendar year.\n