New York regulations
Title 19 Part 811
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(a)These rules and regulations are promulgated pursuant to General Municipal Law, article 5-J, section 119-u-z, to implement the provisions of the law governing State aid for the preparation of comprehensive studies and reports concerning intermunicipal cooperative activity.
(b)This program is designed to foster cooperation among local governments so as to achieve stronger, well-managed units of local government that can furnish better administration and services to their citizens in the most economical, efficient and effective manner. It is further designed to encourage local initiative to recognize and to solve common problems by cooperative effort. Service needs increasingly cut across municipal boundaries in a mobile, changing and developing society. Increasing demands for funds from limited sources make a continual search for more effective service methods vital.
(c)Definition of cooperative activity.
Cooperative activity means the joint efforts of two or more municipalities, as defined in General Municipal Law, section 119-v-(c) joining together to provide a municipal service or facility.
19 NYCRR 811.2 - Contents of comprehensive studies
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The comprehensive study and report identified in section 119-v shall, in addition to those requirements contained in such section, be an evaluation of a service, function or facility that is common to two or more units of local government wherein:
(a)The problem is reviewed and identified.
(b)Possible courses of action to solve the problem are delineated.
(c)The possible courses of action are compared and evaluated, and their technical, economical and administrative feasibility are discussed.
(d)A solution to the problem is proposed.
(e)The solution is evaluated as to its technical, economical and administrative feasibility.
(f)The necessary action that is required by each unit of government involved to implement the proposed solution is presented.
(g)A proposed organization and administrative structure to carry out the solution is submitted.
19 NYCRR 811.3 - Limitations and priorities
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(a)Priority shall be given to those projects where it is shown that the proposed study concerns a project that is common to a number of units of local government and the results may be used advantageously by other units of local government.
(b)Projects for which other State or Federal aid is available for the financing of the proposed study shall not be eligible for assistance under this program.
(c)No applications covering comprehensive studies for the collection, treatment and disposal of refuse or sewerage or for an areawide public water supply, shall be eligible for assistance under this program. Any such applications received shall be forwarded to the New York State Health Department for consideration under the provisions of the Public Health Law or the Conservation Law.
19 NYCRR 811.4 - Powers and duties of the commissioner
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The commissioner shall:
(a)Determine and initiate the necessary coordination procedures with other State and local agencies interested or concerned with the particular service being studied and coordinate the study with State and Federal financial aid programs.
(b)Review the scope or the area of a study to make sure of an adequate evaluation of the proposed municipal service.
(c)Review the qualifications and experience record of the consultant proposed by the municipality prior to the execution of the contract; he shall contract only with such persons or firms who have demonstrated qualifications to execute the study proposed.
(d)Approve applications for State aid and advise local agencies and participating municipalities of the approval of their applications.
(e)Execute contracts for consultant services necessary for such studies and reports jointly with the local agency requesting State aid therefor.
(f)Review and approve the amount of compensation to be paid for such consultant services and the methods of determining such compensation.
(g)Receive, review and approve final reports of local agencies prior to final payment.
(h)Approve vouchers for the payment of State aid grants.
19 NYCRR 811.5 - Eligible applicants
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(a)Any two or more counties (except the five counties within the City of New York), cities, towns or villages or any combination of these units may apply to the commissioner for State aid to finance part of the costs of a comprehensive study and report concerning a joint municipal service or facility. School districts may also apply for such grants provided they are acting in conjunction with a county (except the five counties within the City of New York), city, town or village or any combination of these units. School districts may not apply for a grant to cooperate with another school district. Fire districts may make such application for State aid for a comprehensive study and report only in conjunction with another fire district.
(b)The eligible applicants shall delegate the responsibility for the comprehensive study and report to an appropriate “local agency”. Such local agency may be created pursuant to the provisions of General Municipal Law, article 12-c, section 239-n (joint municipal survey committees). The local agency shall be designated by a resolution of the legislative body of the municipality. The resolution shall provide for the number of members to be appointed by each unit of local government; a fiscal officer, who shall be one of the fiscal officers of the cooperating municipalities, and shall be bonded; the apportionment of costs among the units of local government; and an appropriation of sufficient funds to meet the local government units share of the costs of the committee's expenses. Fire districts shall designate the local agency pursuant to General Municipal Law, article 5-J. A copy of the resolution designating or creating the local agency shall be annexed to the application for State aid.
19 NYCRR 811.6 - Eligible activities
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(a)Eligible activity shall mean joint provision of any specific municipal facility, service, activity, project or undertaking or the cooperative performance or exercise of any specific function or power which each of the municipal corporations or districts has the power by any other general or special law to provide, perform or exercise separately.
(b)No single grant shall be in excess of $20,000. The study shall be of such magnitude as to make a significant impact on the local government units when carried out. The report shall consider specific municipal problems rather than generalized studies of governmental procedures. Applications proposing studies of refuse removal and disposal, sewers and sewerage disposal, water supply and distribution, the creation, dissolution, organization or reorganization of local governments and those proposing studies of municipal boundaries or annexations, shall not be eligible for assistance.
19 NYCRR 811.7 - Financing cooperative studies
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(a)The commissioner may make or contract to make within the budgetary appropriation therefor a State grant for payment to a local agency to cover 75 percent of the cost, as determined by him, of the preparation of a comprehensive study and report, provided, however, that because of the current limitation on State aid contained in the relevant 1969 appropriation act, the amount of a State grant for such payment cannot exceed 71 percent of such cost until the current limitation is removed or modified.
(b)The local and State share of all aid funds shall be maintained in a separate bank account under the control of the fiscal officer of the local agency.
(c)Partial payments may be made. Requests for partial payments must be accompanied by a progress report outlining work completed to date. Requests for payment shall be made on vouchers furnished by the commissioner.
(d)Suitable records shall be maintained by the consultant and the agency contracting for the report. These records shall be kept on file for a period of three years after the completion of the report.
19 NYCRR 811.8 - Applications
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(a)All applications shall be on a form furnished by the commissioner.
(b)All applications shall be submitted to the commissioner through the Office for Local Government area offices as directed on the application form. Each area representative shall advise and assist the local agencies in the preparation and submission of all applications.
(c)The applications shall define the common problem proposed to be studied and outline the scope of the proposed study.
(d)The application shall give the names of three or more consultants, together with a summary of the experience of each, which will reflect a particular competency to engage in such a comprehensive study and report of the scope proposed.
19 NYCRR 811.9 - Review of application
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Upon receipt of the application, the commissioner shall:
(a)Make a determination as to whether the proposed study is practical, logical, and reasonable taking into consideration the types of local governments involved, the area served, its population and the projected population, and financial requirements of the study proposed.
(b)Make a determination as to whether the scope of the proposed study and report is satisfactory.
(c)Advise the applicant of his determinations within a reasonable length of time.
19 NYCRR 811.10 - Selection of the consultant
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(a)The applicant shall select the consultant to be employed providing such consultant is acceptable to the commissioner.
(b)Where there is professional licensing under New York law, such consultants shall be qualified to practice their particular profession within the State of New York.
(c)Such consultants shall demonstrate a particular competency to engage in a study and report of the scope proposed.
19 NYCRR 811.11 - Compensation for consulting services
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The consultant selected by the local agency shall propose a fee for his services in making the comprehensive study and report. The basis for the fee shall be stated. The proposed fee for consulting services shall be based on:
(a)Lump sum, taking into account reasonable consulting costs for similar studies and reports or
(b)An audited consulting payroll cost required to perform the work, plus a reasonable amount to cover overhead and profit, and as agreed to between the consultant, the commissioner and the local agency.
(c)A combination of (a) and (b).
19 NYCRR 811.12 - Contract for consulting services
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(a)Contracts to make a comprehensive study and report shall be prepared by the Office for Local Government in consultation with the attorneys employed by the local agency and the consultant.
(b)All copies of the contract so prepared shall be submitted to the local agency and the consultant for execution. After execution by the local agency and the consultant, all copies of the contract shall be returned to the commissioner.
(c)After the commissioner's execution thereof, copies of the executed contract shall thereafter be forwarded to the Attorney-General and to the Comptroller for their approval. Upon receipt of the Comptroller's approval and the filing of the contract in his office, the commissioner shall furnish copies of the contracts, so approved and so filed, to the local agency and to the consultant. No contract shall be effective until approved by the Comptroller and none of the parties thereto shall begin work on the contract until being notified of the Comptroller's approval and filing.
(d)Such contracts shall be written in such form and in such detail as is reasonably calculated to clearly define the obligations, duties and requirements imposed upon each of the contracting parties and shall specify the manner and terms under which vouchers shall be prepared and submitted to the commissioner for payment of the consulting services rendered. Such contracts may provide for partial payments.
(e)The contract shall provide that the consultant shall keep the commissioner and the local agency periodically informed as to the progress of the study.
(f)The contract may provide that a percentage of each partial payment may be withheld by the State pending faithful performance of the contract. Final payment, including retained percentages, shall not be made to the consultant until the report has been submitted to and approved by the commissioner and the local agency.
(g)The commissioner may require that each local agency prepare and submit a proposed budget for the project on forms furnished by the Office for Local Government.
19 NYCRR 811.13 - Approval of vouchers
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All payments of State aid shall be made after audit and upon warrant of the Comptroller on vouchers approved by the commissioner. All vouchers, whether for partial or final payment, shall contain a confirmation by the area representative that the services and work detailed in the voucher have actually been accomplished. Monies received pursuant to article 5-J of the General Municipal Law shall be expended only for the purposes consistent with the provisions of such article.
19 NYCRR 811.14 - State aid payments
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All payments of State aid shall be made to the applicant upon condition that the applicant make prompt payments to the consultant.
19 NYCRR 811.15 - Submission of final report and administrative review
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(a)Upon completion of the comprehensive study and report, the consultant shall submit copies thereof to the local agency and to the commissioner for review. Such final report shall be prefaced with a brief summary listing the findings, conclusions, and recommendations resulting from the comprehensive study.
(b)Following receipt of the local agency's written statement that the report is in satisfactory fulfillment of the contract, the commissioner shall:
(1)Review the report and ascertain that it fulfills all legal and technical requirements.
(2)Approve or disapprove the report as soon as practicable.
(3)If disapproved, notify the local agency in writing of the reasons for such disapproval with suggestions on action needed to meet the objections raised.
(4)If approved, notify the local agency in writing and certify for final payment of State aid.
19 NYCRR 811.16 - Miscellaneous
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(a)These regulations may be modified or amended from time to time, in writing by the commissioner.
(b)The commissioner may assign to the first deputy commissioner, the deputy commissioner, or other staff members whom he shall so designate in writing, the powers, duties and responsibilities required of the commissioner under these rules and regulations and they shall be responsible to him for the performance thereof.
(c)To promote and achieve the basic intent and purposes of municipal cooperation, the restrictions and limitations of these rules and regulations may be waived by the commissioner, if, upon proper proof, he determines that such restrictions and limitations would result in an unusual and unavoidable hardship for the local agency or that strict adherence to these rules and regulations would be detrimental to the sound and orderly administration of the law.
(d)The Office for Local Government, on request, shall be furnished with, and have unrestricted authority to publish, disclose, distribute and otherwise use in whole or in part, the study and report as well as any other reports, data, documents or materials prepared for or connected with the study.