§ 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, d
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