Town delays shared-services deal with state

The Town Board is awaiting clarification about liability provisions in a proposed sharedservices contract before moving forward with an agreement with the state Department of Transportation.

The proposal, under which the state and town would provide equipment and materials to each other during emergencies, as needed, was tabled Monday by a 3-1 vote of the board.

The vote against tabling was cast by Supervisor Elizabeth Spinzia. Councilwoman Elaine Fernandez was absent.

Councilman Joseph Gelb asked for a clarification of provisions in the contract that would prevent the state from being included in legal actions against the town for “any and all claims arising out of the municipality’s acts or omissions” under the agreement. He said there should also be a provision that holds the town harmless for similar state actions.

“One would certainly think that it should be reciprocal since the aid it reciprocal,” he said.

“It’s not an unreasonable position for us to ask for indemnity,” Gelb said. “They’re asking for it. I’m surprised they didn’t throw it in.”

Spinzia said the decision to wait for clarification could put the town in a difficult position if there is a weather emergency in the meantime.

“This leaves us uncovered in the event of an emergency,” she said.

Under the proposed agreement, there would be a split in costs of up to $10,000 for services, materials and equipment, but “the provider’s employees shall remain under full supervision and control of the provider.”

Also, the proposal states, “the parties shall remain fully responsible for their own employees for all matters, including, but not limited to, salary, insurance, benefits and Workers Compensation.”

If the state or town lends equipment, the borrower would be responsible for the cost of repairing any damage, the deal states.