Model

Intermunicipal Agreement

Regarding

The Cayuga Lake Watershed Restoration and Protection Plan

THIS AGREEMENT, made ________________ by and between the City of __________ and the Towns of ______________________ and the Villages of____________________________________________.

WITNESSETH THAT:

WHEREAS, each of the parties to this agreement has formally adopted the Cayuga Lake Watershed Restoration and Protection Plan, hereafter referred to as the Plan, which will provide for the long term protection of waters of Cayuga Lake Watershed; and

WHEREAS, the parties of this agreement, desire to form and send representatives to an organization call the Cayuga Lake Watershed Intermunicipal Organization, hereinafter referred to as the IO, that will administer and oversee the continuation of the planning process and the implementation of the Plan; and

WHEREAS, the parties to this agreement desire to provide for the day to day coordination of the Plan; and

WHEREAS, the Council will have ultimate authority over all municipal contributions and the dispersal of those funds; and

WHEREAS, under Article 5-G Section 119-o of the General Municipal Law of the State of New York, municipalities have the authority to enter into intermunicipal agreements and jointly perform services regarding subjects each separately has the power to perform; and

WHEREAS, this intermunicipal agreement is voluntary and will not be construed so as to interfere with or diminish any municipal powers, authority, or regulatory authority of any of the participating municipalities.

NOW, THEREFORE, in consideration of the terms and conditions herein contained, the parties to this agreement do hereby agree as follows:

FIRST: This agreement superseeds all previous IO Cooperative Agreements

SECOND: The participating municipalities will work together cooperatively in the decision-making process and share the leadership and ownership in continuing the planning process and implementing the Plan.

THIRD: Employees or contractors hired for the performance of the work under the Plan will be hired with no discrimination by reason of race, creed, color, sex, age, physical disability, or national origin.

FOURTH: The participating municipalities will provide the necessary funding based on a formula attached in Addendum ____, by ___________ date of each year to assist in continuing the planning process and implement the Plan.

FIFTH: If the IO should cease to exist the funds still available will be returned to the parties to this agreement under the same formula originally gained.

SIXTH: Through the continuation of the planning process and the implementation of the Plan the various benefits conveyed by Cayuga Lake and its watershed will be maintained or enhanced.

SEVENTH: That any party to this agreement may terminate its participation within the IO at any time but must do so by notifying within thirty (30) days all other parties in writing of the determination, reasons for the termination, and the effective date thereof. Withdrawal from the agreement by one party shall not operate to terminate the agreement, which shall continue in full force and effect with respect to all other parties.

EIGHTH: That the Bylaws of the IO may only be modified upon the consent of the IO (Addendum ___)

NINTH: This agreement shall be for a ____ year period commencing on _____________ and ending on ___________.

TENTH: This agreement authorizes the IO to enter into contracts within the limits of, and subject to, the appropriations provided by the participating municipalities and other available secured funding sources.

ELEVENTH: If any term or provision of this agreement or the application thereof shall, to any extent, be invalidated or unenforceable, the remainder of this agreement or the application of such term or provision, other than those to which it is held invalid or unenforceable, shall be unaffected thereby, and each term and provision of the agreement shall be valid and enforceable to the fullest extent permitted by law.

IN WITNESS WHEREOF, the following parties through their Chief Elected Officials have executed this agreement.

Adopted from the Canandiagua Lake Watershed Intermunicipal Agreement

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Index


To contact the Cayuga Lake Watershed Intermunicipal Organization.

or email info@cayugawatershed.org

CLW IO 2004