Bill Text: NY S08306 | 2017-2018 | General Assembly | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Relates to renaming the Upper Mohawk Valley memorial auditorium authority to the Oneida county arts, culture and entertainment authority; provides that the mission of such authority is to identify, develop, construct, assist, promote and coordinate arts, culture, entertainment, tourism, sports, recreation and related projects, including the construction of a multi-use sports complex, through the development of an integrated network of facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-11 - referred to ways and means [S08306 Detail]
Download: New_York-2017-S08306-Introduced.html
Bill Title: Relates to renaming the Upper Mohawk Valley memorial auditorium authority to the Oneida county arts, culture and entertainment authority; provides that the mission of such authority is to identify, develop, construct, assist, promote and coordinate arts, culture, entertainment, tourism, sports, recreation and related projects, including the construction of a multi-use sports complex, through the development of an integrated network of facilities.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-06-11 - referred to ways and means [S08306 Detail]
Download: New_York-2017-S08306-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 8306 IN SENATE April 30, 2018 ___________ Introduced by Sen. GRIFFO -- read twice and ordered printed, and when printed to be committed to the Committee on Corporations, Authorities and Commissions AN ACT to amend the public authorities law, in relation to renaming the Upper Mohawk Valley memorial auditorium authority to the Oneida county arts, culture and entertainment authority The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The title heading of title 10-B of article 8 of the public 2 authorities law, as added by chapter 130 of the laws of 1996, is amended 3 to read as follows: 4 [UPPER MOHAWK VALLEY MEMORIAL AUDITORIUM AUTHORITY] 5 ONEIDA COUNTY ARTS, CULTURE AND ENTERTAINMENT AUTHORITY 6 § 2. Section 1940 of the public authorities law, as added by chapter 7 130 of the laws of 1996, is amended to read as follows: 8 § 1940. Short title. This title shall be known and may be cited as 9 the "Oneida county arts, culture and entertainment authority act" 10 (OCACE), formerly the "Upper Mohawk Valley memorial auditorium authority 11 act." 12 § 3. The public authorities law is amended by adding a new section 13 1940-a to read as follows: 14 § 1940-a. Purpose and mission. It shall be the purpose and mission of 15 the OCACE authority to identify, develop, construct, assist, promote and 16 coordinate arts, culture, entertainment, tourism, sports, recreation and 17 related projects through the development of an integrated network of 18 facilities, consistent with and through the facilitation of continued 19 redevelopment, historic preservation and tourism promotion under the 20 leadership of a financially independent, self-sustaining public benefit 21 corporation which shall revitalize existing programs and forge new part- 22 nerships with local municipalities and private developers. 23 § 4. Section 1941 of the public authorities law, as added by chapter 24 130 of the laws of 1996, is amended to read as follows: 25 § 1941. Definitions. As used or referred to in this title, unless a 26 different meaning clearly appears from the context: EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD13583-02-8S. 8306 2 1 1. "Auditorium" means the auditorium commonly known as the Utica memo- 2 rial auditorium located in the city of Utica, as well as surrounding 3 lands, including all structures appurtenant thereto, located in the 4 vicinity of Oriskany street west and Charles street, as the same may be 5 reconstructed, enlarged or modified from time to time. 6 2. "Authority" means the corporation created by section one thousand 7 nine hundred forty-two of this title. 8 3. "Best value" means the basis for awarding contracts for services to 9 the bidder that optimizes quality, cost efficiency and price and 10 performance criteria, which may include, but shall not be limited to: 11 (a) the quality of the contractor's performance on previous projects; 12 (b) the timeliness of the contractor's performance on previous 13 projects; 14 (c) the level of customer satisfaction with the contractor's perform- 15 ance on previous projects; 16 (d) the contractor's record of performing previous projects on budget 17 and ability to minimize cost overruns; 18 (e) the contractor's ability to limit change orders; 19 (f) the contractor's ability to prepare appropriate project plans; 20 (g) the contractor's technical capacities; 21 (h) the individual qualifications of the contractor's key personnel; 22 (i) the contractor's ability to assess and manage risk and minimize 23 risk impact; and 24 (j) the contractor's past record of encouraging women and minority 25 owned business enterprise participation and compliance with article 26 fifteen-A of the executive law. 27 Such basis shall reflect, wherever possible, objective and quantifi- 28 able analysis. 29 4. "Bonds" means the bonds, notes or other evidences of indebtedness 30 issued by the authority pursuant to this title, and the provisions of 31 this title relating to bonds and bondholders shall apply with equal 32 force and effect to notes and noteholders, respectively, unless the 33 context otherwise clearly requires. 34 [4.] 5. "City" means the city of Utica, Oneida county. 35 [5.] 6. "Civil service commission" means the civil service commission 36 of the county of Oneida. 37 [6.] 7. "Comptroller" means the comptroller of the state. 38 [7.] 8. "Construction" or "Constructed" means the acquisition, 39 erection, building, alteration, improvement, increase, enlargement, 40 extension, reconstruction, renovation or rehabilitation of the auditori- 41 um and any and all other properties, facilities and structures acquired 42 and/or identified for acquisition; the inspection and supervision there- 43 of; and the engineering, architectural, legal, fiscal and economic 44 investigations and studies, surveys, designs, plans, working drawings, 45 specifications, procedure and other actions preliminary or incidental 46 thereto and claims arising therefrom. 47 [8.] 9. "Cost" as applied to the auditorium and any and all other 48 properties, facilities and structures acquired and/or identified for 49 acquisition, includes the cost of construction, the cost of the acquisi- 50 tion of all property, including real property and other property, both 51 real, personal and mixed, improved and unimproved, the cost of the 52 demolishing, removing or relocating any buildings or structures on lands 53 so acquired, including the cost of acquiring any lands to which such 54 buildings or structures may be moved or relocated, the cost of all 55 machinery, apparatus and equipment, financing charges, interest prior 56 to, during and after construction to the extent not paid or provided forS. 8306 3 1 from revenues or other sources, the cost of engineering and architec- 2 tural surveys, plans and specifications, the cost of consultant and 3 legal services, the cost of guarantee, bond insurance or other credit 4 support devices and the cost of other expenses necessary or incidental 5 to the construction of the auditorium and the acquisition of property 6 [therefor] thereof and the financing of the construction and acquisition 7 of property, including the amount authorized in the resolution of the 8 authority providing for the issuance of bonds to be paid into any 9 reserve or other special funds from the proceeds of such bonds and the 10 financing of the placing of the auditorium and any and all other proper- 11 ties, facilities and structures acquired and/or identified for acquisi- 12 tion, in operation, including reimbursement to any municipality, state 13 agency, the state, the United States government, or any other government 14 or person for expenditures that would be costs of the auditorium and any 15 and all other properties, facilities and structures acquired and/or 16 identified for acquisition, hereunder had they been made directly by the 17 authority. 18 [9.] 10. "Council" means the common council of the city. 19 [10.] 11. "County" means the county of Oneida, New York. 20 [11.] 12. "County executive" means the county executive of the county. 21 [12.] 13. "County legislature" means the county legislature of the 22 county. 23 [13.] 14. "Design-build contract" means, in conformity with the 24 requirements of this act, a contract for the design and construction of 25 any project with a single entity, which may be a team comprised of sepa- 26 rate entities. 27 15. "Governing body" means the members of the authority, constituting 28 and acting as the governing body of the authority. 29 [14.] 16. "Municipality" means the county and any city, town, village 30 or school district located within or partly within the service area. 31 [15.] 17. "Person" means any natural person, firm, partnership, asso- 32 ciation, joint venture or corporation, exclusive of a public corporation 33 as defined pursuant to article two-A of the general construction law. 34 [16.] 18. "Procurement record" shall mean documentation of the deci- 35 sions made and the approach taken in the procurement process. 36 19. "Project labor agreement" shall mean a pre-hire collective 37 bargaining agreement between a contractor and a bona fide building and 38 construction trade labor organization establishing the labor organiza- 39 tion as the collective bargaining representative for all persons who 40 will perform work on the project, and which provides that only contrac- 41 tors and subcontractors who sign a pre-negotiated agreement with the 42 labor organization can perform project work. 43 20. "Real property" means lands, structures, franchise, rights and 44 interests in land, air space, waters, lands under water, riparian 45 rights, and air rights and any and all things and rights included within 46 said term and includes not only fees simple absolute, but also any and 47 all lesser interests including, but not limited to, easements, rights- 48 of-way, uses, leases, licenses and all other incorporeal hereditaments 49 and every estate, interest or right, legal or equitable, including terms 50 for years and liens thereon by way of judgments, mortgages or otherwise. 51 [17.] 21. "Revenues" means all fees, charges and other income and 52 receipts derived from the operation of the auditorium including, without 53 limiting the generality of the foregoing, investment proceeds and 54 proceeds of insurance, condemnation, and sale or other disposition of 55 assets, together with all federal, state or municipal aid, if any.S. 8306 4 1 [18.] 22. "Service area" means the area comprising the entirety of the 2 [city and of the towns of Deerfield, Kirkland, Marcy, New Hartford,3Trenton and Whitestown, including all villages located entirely or part-4ly therein] county. 5 [19.] 23. "State" means the state of New York. 6 [20.] 24. "State agency" means any state office, public benefit corpo- 7 ration, department, board, commission, bureau or division, or other 8 agency or instrumentality of the state. 9 § 5. The section heading and subdivisions 1 and 2 of section 1942 of 10 the public authorities law, as added by chapter 130 of the laws of 1996, 11 are amended to read as follows: 12 Oneida county arts, culture and entertainment authority, formerly the 13 Upper Mohawk Valley memorial auditorium authority. 1. A public corpo- 14 ration, to be known as the ["Upper Mohawk Valley memorial auditorium15authority"] "Oneida county arts, culture and entertainment authority" is 16 hereby created for the public purposes and charged with the duties and 17 having the powers provided in this title. The authority shall be a body 18 corporate and politic constituting a public benefit corporation. The 19 governing body of the authority shall consist of a total of [seven] nine 20 members, [three] five of whom shall be appointed by the county execu- 21 tive, without confirmation of the county legislature, and four of whom 22 shall be appointed by the county legislature, without county executive 23 right to veto. The first members appointed by the county executive shall 24 be appointed for the following terms of office: one for a term ending 25 on December thirty-first of the first year following the year in which 26 this title shall have become law, [one] two for a term ending on Decem- 27 ber thirty-first of the third year following the year in which this 28 title shall have become law and [one] two for a term ending on December 29 thirty-first of the fifth year following the year in which this title 30 shall have become law. The first members appointed by the county legis- 31 lature shall be appointed for the following terms of office: one for a 32 term ending on December thirty-first of the first year following the 33 year in which this title shall have become law, one for a term ending on 34 December thirty-first of the third year following the year in which this 35 title shall have become law, and two for a term ending on December thir- 36 ty-first of the fifth year following the year in which this title shall 37 have become law. Subsequent appointments of members shall be made for a 38 term of five years ending in each case on December thirty-first of the 39 last year of such term. All members shall continue to hold office until 40 their successors are appointed and qualify. Vacancies shall be [filed] 41 filled in the manner provided for original appointment. Vacancies, 42 occurring otherwise than by expiration of term of office, shall be 43 filled by appointment for the unexpired terms. Members may be removed 44 from office by the party which appointed such member for inefficiency, 45 neglect of duty or misconduct in office; provided, however, that such 46 member shall be given a copy of the charges against him or her and an 47 opportunity of being heard in person, or by counsel, in his or her 48 defense upon not less than ten days notice. The members of the authority 49 shall receive no compensation for their services, but shall be reim- 50 bursed for their actual and necessary expenses incurred in connection 51 with the carrying out of the purposes of this title; provided, however, 52 that no member shall be reimbursed for any expense exceeding one thou- 53 sand dollars incurred with respect to any individual purpose unless the 54 governing body at a meeting duly called and held when a quorum of four 55 members are present shall have authorized the incurrence of such expense 56 by such member. The powers of the authority shall be vested in and beS. 8306 5 1 exercised by the governing body at a meeting duly called and held where 2 a quorum of four members are present. No action shall be taken except 3 pursuant to the favorable vote of at least four voting members. All 4 votes must be made in person [at] or through participation by way of 5 videoconferencing during a meeting and no vote may be made by proxy. The 6 governing body may delegate to one or more of its members, officers, 7 agents or employees such powers and duties as it may deem proper. 8 2. The officers of the authority shall consist of a chair, a vice- 9 chair, a treasurer and a secretary, which secretary need not be a member 10 of the authority. Such officers shall be appointed by the governing body 11 and shall serve in such capacities at the pleasure of the governing 12 body. In addition to the secretary, the governing body may appoint and 13 at pleasure remove such additional officers and employees as it may 14 determine necessary for the performance of the powers and duties of the 15 authority and fix and determine their qualifications, duties and compen- 16 sation, subject to the provisions of the civil service law. The govern- 17 ing body may also from time to time contract for expert professional 18 services. The members, officers, executive director, if any, comp- 19 troller, if any, and counsel, if any, shall be an exempt position under 20 any rule or classification of the civil service commission. The treasur- 21 er shall execute a bond, conditioned upon the faithful performance of 22 the duties of his or her office, the amount and sufficiency of which 23 shall be approved by the governing body and the premium [therefor] ther- 24 eof shall be paid by the authority. 25 § 6. Section 1943 of the public authorities law, as added by chapter 26 130 of the laws of 1996, is amended to read as follows: 27 § 1943. Powers of the authority. Except as otherwise limited by this 28 title, the authority shall have the power: 29 1. To sue and be sued. 30 2. To have a seal and alter the same at pleasure. 31 3. To engage in planning, development, financing, construction and 32 operation of arts, culture, entertainment, tourism, sports, recreation 33 and related facilities and programs. 34 4. To borrow money and issue bonds, notes or other obligations for its 35 corporate purposes and to provide for the rights of the holders thereof. 36 [4.] 5. To enter into contracts and to execute all instruments neces- 37 sary or convenient or desirable for the purposes of the authority to 38 carry out any powers expressly given to it in this title. 39 [5.] 6. To assist with the planning, development, construction and 40 financing of the cost of any project located in Oneida county, whether 41 or not such project is to be owned or operated by the OCACE authority, 42 which assistance may include loans to any appropriate entity. 43 7. To acquire, without limitation, by purchase, gift, grant, transfer, 44 contract or lease or by condemnation pursuant to the eminent domain 45 procedure law, lease as lessee, hold, and use any property, real, 46 personal or mixed or any interest therein constituting or for use in 47 connection with the [auditorium] authority, as the authority may deem 48 necessary, convenient or desirable to carry out the purpose of this 49 title and, subject to any limitations in any agreement entered into 50 pursuant to this title, to sell, lease as lessor, transfer or otherwise 51 dispose of any such property or interest therein. In connection with the 52 acquisition of any such property, the authority may assume any obli- 53 gations of the owner of such property and, to the extent required by the 54 terms of any indentures or other instruments under which such obli- 55 gations were issued, the authority may assume and agree to perform 56 covenants and observe the restrictions contained in such instruments;S. 8306 6 1 and furthermore the owner of any property which the authority is author- 2 ized to acquire is hereby authorized to sell or otherwise transfer the 3 same to the authority, whereupon the authority shall become charged with 4 the performance of all public duties with respect to such property with 5 which such owner was charged and such owner shall become discharged from 6 the performance thereof. 7 [6.] 8. To develop, construct, operate, maintain and manage or 8 contract for the operation, maintenance or management of, or for 9 services to be performed in connection with [, the auditorium] any and 10 all properties, facilities and structures owned, acquired and/or identi- 11 fied for acquisition; to allow the use of [the auditorium] any and all 12 properties, facilities and structures owned, acquired and/or identified 13 for acquisition for the conduct of any and all activities in furtherance 14 of the authority as set forth herein, including but not limited to, 15 tourism, housing, professional and amateur athletic events, enter- 16 tainment, cultural and artistic events [and, or,] and/or civic events, 17 conventions, and all activities related thereto; and to rent parts ther- 18 eof and to grant concessions, all on such terms and conditions as the 19 authority may determine. 20 [7.] 9. To apply to the appropriate agencies and officials of the 21 federal, state and local governments for such licenses, permits or 22 approvals of its plans as it may deem necessary or advisable, and upon 23 such terms and conditions as it may deem appropriate, and to accept, in 24 its discretion, such licenses, permits or approvals as may be tendered 25 to it by such agencies and officials. 26 [8.] 10. To appoint such officers and employees as are required for 27 the performance of its duties, to fix and determine their qualifica- 28 tions, duties and compensation, and to retain or employ counsel, audi- 29 tors, engineers and private consultants on a contract basis or otherwise 30 for rendering professional or technical services and advice. 31 [9.] 11. To make plans and studies necessary, convenient or desirable 32 for the effectuation of the purposes and the powers of the authority and 33 to prepare recommendations in regard thereto. 34 [10.] 12. To enter upon such lands or premises as in the judgment of 35 the authority shall be necessary for the purpose of making surveys, 36 [sounding] soundings, [boring] borings and examinations to accomplish 37 any purpose authorized by this title, the authority being liable only 38 for actual damage done. 39 [11.] 13. To apply for and to accept any gifts or grants or loans of 40 funds or property or financial or other aid in any form from the federal 41 government or any agency or instrumentality thereof, or from the state 42 or any agency or instrumentality thereof or from any other source, for 43 any or all of the purposes specified in this title, and to comply, 44 subject to the provisions of this title, with the terms and conditions 45 thereof. 46 [12.] 14. To make and amend by-laws for its organization and manage- 47 ment and regulation of its affairs and rules and regulations governing 48 the exercise of its powers and the fulfillment of its purposes under 49 this title. A copy of such rules, regulations and by-laws, and all 50 amendments thereto, duly certified by the secretary of the authority 51 shall be filed in the office of the county clerk. 52 [13.] 15. To enter into cooperative agreements with other authorities, 53 with municipalities, individuals, or corporations, within or without the 54 service area, for any lawful purposes necessary or desirable to effect 55 the [purposes] purpose and mission of this title upon such terms andS. 8306 7 1 conditions as the authority shall [be determined] determine to be 2 reasonable. 3 [14.] 16. With the consent of the chief executive officer of munici- 4 palities within the service area, to use officers and employees of such 5 municipalities and to pay a proper portion of compensation or costs for 6 the services of such officers or employees. 7 [15.] 17. To establish, fix[, revise, charge,] and collect [and8enforce fees and charges for the use of the auditorium so as to provide9revenues which, together with other earnings of the auditorium, if any,10are at least sufficient at all times to pay, as the same shall become11due, the expense of operating and maintaining the auditorium together12with proper reserves for maintenance, contingencies and all other obli-13gations and indebtedness of the authority], on any equitable basis, 14 rates, rentals, fees and other charges for the use of any and all prop- 15 erties, facilities and structures owned, leased, or otherwise managed by 16 OCACE. 17 [16.] 18. To establish a separate per diem fee for any of the proper- 18 ties, facilities, structures, as well as for programs, planning, events 19 and other authorized activities of the authority which such revenue 20 shall be used for purposes deemed necessary and appropriate by the OCACE 21 board. 22 19. To collect, under contract with Oneida county fees and charges 23 established by the county for the use of hotel and motel facilities. 24 Such revenue shall be used for purposes deemed necessary and appropriate 25 by the OCACE board including, but not limited to, tourism promotion. 26 20. All the revenue from such rates, rentals, fees and other charges 27 set forth in subdivisions seventeen through nineteen of this section 28 shall be established by the authority so that they are at least suffi- 29 cient at all times to pay, as the same shall become due, all debt 30 service and all operating and maintenance expenses, together with proper 31 reserves for maintenance, contingencies and all other obligations of the 32 authority. 33 21. To pledge its revenues and mortgage any or all of its properties 34 to secure the obligations of the authority. 35 [17.] 22. To establish and maintain such reserves, special funds and 36 accounts, to be held in trust or otherwise, as may be required by any 37 agreement with bondholders [and, or,] and/or any municipality. 38 [18.] 23. For the purposes of article fifteen-A of the executive law 39 only, the authority shall be deemed a state agency as that term is used 40 in such article, and its contracts for procurement, design, 41 construction, services, and materials shall be deemed state contracts 42 within the meaning of that term as set forth in such article. 43 [19.] 24. To do all things necessary, convenient or desirable to carry 44 out [its purposes] the purpose and mission of the authority and for the 45 exercise of the powers granted in this title. 46 § 7. Section 1944 of the public authorities law, as added by chapter 47 130 of the laws of 1996, is amended to read as follows: 48 § 1944. Appropriations for purposes of the authority; transfer of 49 property to the authority; acquisition of property by municipality for 50 authority; contracts with municipality. 1. In addition to any powers 51 granted to it by law, any municipality may, from time to time, appropri- 52 ate by resolution sums of money for purposes of the authority to defray 53 [auditorium costs or] any [other] costs and expenses of the authority or 54 to pay amounts payable or anticipated to be payable to the authority 55 pursuant to any agreement authorized by this title. Subject to the 56 rights of bondholders, such municipality may determine if the moneys soS. 8306 8 1 appropriated shall be subject to repayment by the authority and, in such 2 event, the manner and time or times for such repayment. 3 2. Any municipality may give, grant, sell, convey, loan or license the 4 use of or lease to the authority any property, real, personal or mixed, 5 which is useful to the authority in order to carry out its powers under 6 this title. Any such transfer of property shall be for such term and 7 upon such terms and conditions, subject to the rights of bondholders, as 8 the authority and such municipality may agree, including provision for 9 the authority to assume the primary responsibility for the payment of 10 any bonds or notes issued by such municipality for such property. 11 3. Notwithstanding the provisions of any other law, general, special 12 or local to the contrary, real property acquired by the authority or any 13 municipality from the state may be used for any corporate purpose of the 14 authority. 15 4. One or more [municipality] municipalities and/or the authority 16 shall have the power to contract, from time to time, between or among 17 themselves, [in relation to the auditorium] which contracts may include 18 any or all of the following provisions: (i) requiring the use by any 19 municipality of the auditorium; (ii) limiting the right, including a 20 prohibition, of any municipality to construct a facility which will 21 serve the same, or substantially the same, function as the auditorium; 22 (iii) requiring the authority to reserve time in the auditorium to 23 assure the availability to any municipality of a specified use of the 24 auditorium; (iv) providing for specified minimum periodic payments by a 25 municipality to the authority, whether or not the auditorium is actually 26 used by the municipality, subject to such limitations, exceptions and 27 provisions therein, and (v) requiring any municipality to pay to the 28 authority such amounts as shall be necessary to assure the continued 29 operation of the authority. All such payments shall be determined and 30 paid in such manner and at such times as may be provided in such 31 contracts. 32 5. Any gift, grant, sale, conveyance, loan, contract or lease author- 33 ized by this section may be made or entered into by any municipality 34 and/or the authority without a public hearing being first held therein 35 and no such gift, grant, sale, conveyance, loan, contract or lease shall 36 be subject to referendum, permissive or otherwise. 37 [6. Notwithstanding the provisions of any law, general, special or38local, or charter provision to the contrary, the city, by the affirma-39tive vote of not less than a majority of the entire voting strength of40the board of estimate of said city, may sell or transfer, by deed, lease41or other arrangement, to the authority the auditorium. Any such agree-42ment of sale or transfer shall be upon such terms and conditions as the43governing body of said city and the authority may agree.] 44 § 8. Subdivisions 1, 2 and 5 of section 1945 of the public authorities 45 law, as added by chapter 130 of the laws of 1996, are amended to read as 46 follows: 47 1. The authority shall have the power and is hereby authorized from 48 time to time to issue bonds, notes or other obligations to pay the costs 49 [of the auditorium or] for any [other] corporate purpose, including the 50 establishment of reserves to secure the bonds, the payment of principal 51 of, premium, if any, and interest on the bonds and the payment of inci- 52 dental expenses in connection therewith. [The aggregate principal amount53of such bonds, notes or other obligations shall not exceed two million54dollars ($2,000,000), excluding bonds, notes or other obligations issued55to refund or otherwise repay bonds, notes or other obligations thereto-56fore issued for such purposes; provided, however, that upon any suchS. 8306 9 1refunding or repayment the total aggregate principal amount of outstand-2ing bonds, notes or other obligations may be greater than two million3dollars ($2,000,000) only if the present value of the aggregate debt4service of the refunding or repayment bonds, notes or other obligations5to be issued shall not exceed the present value of the aggregate debt6service of the bonds, notes or other obligations so to be refunded or7repaid. For purposes hereof, the present values of the aggregate debt8service of the refunding or repayment bonds, notes or other obligations9and of the aggregate debt service of the bonds, notes or other obli-10gations so refunded or repaid, shall be calculated by utilizing the11effective interest rate of the refunding or repayment bonds, notes or12other obligations, which shall be that rate arrived at by doubling the13semi-annual interest rate (compounded semi-annually) necessary to14discount the debt service payments on the refunding or repayment bonds,15notes or other obligations from the payment dates thereof to the date of16issue of the refunding or repayment bonds, notes or other obligations17and to the price bid including estimated accrued interest or proceeds18received by the authority including estimated accrued interest from the19sale thereof.] The authority shall have power and is hereby authorized 20 to enter into such agreements and perform such acts as may be required 21 under any applicable federal legislation to secure a federal guarantee 22 of any bonds. 23 2. The authority shall have power from time to time to renew bonds or 24 to issue renewal bonds for such purpose, to issue bonds to pay bonds, 25 and, whenever it deems refunding expedient, to refund any bond by the 26 issuance of new bonds, whether the bonds to be refunded have or have not 27 matured, and may issue bonds partly to refund bonds then outstanding and 28 partly for any other corporate purpose of the authority. [Bonds (other29than notes or other evidence of indebtedness) issued for refunding30purposes, which have a final maturity date longer than the maturity of31the bonds being refunded, shall be approved by a resolution of the coun-32ty legislature adopted by a majority vote and approved by the county33executive.] Bonds issued for refunding purposes shall be sold and the 34 proceeds applied to the purchase, redemption or payment of the bonds or 35 notes to be refunded. 36 5. Any resolution or resolutions authorizing bonds or any issue of 37 bonds may contain provisions which may be a part of the contract with 38 the holders of the bonds thereby authorized as to: (a) pledging all or 39 part of the revenues, other monies or property of the authority to 40 secure the payment of the bonds, or any costs of issuance thereof, 41 including but not limited to any contracts, earnings or proceeds of any 42 grant to the authority received from any private or public source 43 subject to such agreements with bond holders as may then exist; 44 (b) the setting aside of reserves and the creation of sinking funds 45 and the regulation and disposition thereof; 46 (c) limitations on the purpose to which the proceeds from the sale of 47 bonds may be applied; 48 (d) the rates, rents, fees and other charges to be fixed and collected 49 by the authority and the amount to be raised in each year thereby and 50 the use and disposition of revenues; 51 (e) limitations on the right of the authority to restrict and regulate 52 the use of [the auditorium] its properties, facilities, programs or 53 [part] parts thereof in connection with which bonds are issued; 54 (f) limitations on the issuance of additional bonds, the terms upon 55 which additional bonds may be issued and secured and the refunding of 56 outstanding or other bonds;S. 8306 10 1 (g) the procedure, if any, by which the terms of any contract with 2 bond holders may be amended or abrogated, the amount of bonds the hold- 3 ers of which must consent thereto, and the manner in which such consent 4 may be given; 5 (h) the creation of special funds into which any revenues or monies 6 may be deposited; 7 (i) the terms and provisions of any trust, mortgage, deed or indenture 8 securing the bonds under which the bond may be issued; 9 (j) vesting in a trustee or trustees such properties, rights, powers 10 and duties in trust as the authority may determine which may include any 11 or all of the rights, powers and duties of the trustees appointed by the 12 bond holders to appoint a trustee pursuant to this title or limiting the 13 rights, duties and powers of such trustee; 14 (k) defining the acts or omissions to act which may constitute a 15 default in the obligations and duties of the authority to the bond hold- 16 ers and providing for the rights and remedies of the bond holders in the 17 event of such default, including as a matter of right, appointment of a 18 receiver, provided, however, that such rights and remedies shall not be 19 inconsistent with the general laws of the state and other provisions of 20 this title; 21 (l) limitations on the power of the authority to sell or otherwise 22 dispose of [the auditorium] any of its properties, facilities, struc- 23 tures or other assets or any part thereof; 24 (m) limitations on the amount of revenues and other monies to be 25 expended for operating, administrative or other expenses of the authori- 26 ty; 27 (n) the payment of the proceeds of bonds, revenues and other monies to 28 a trustee or other depository, and for the method of disbursement there- 29 of with such safeguards and restrictions as the authority may determine; 30 and 31 (o) any other matters of like or different character which in any way 32 affect the security or protection of the bonds or the rights and reme- 33 dies of bondholders. 34 § 9. Section 1947 of the public authorities law, as added by chapter 35 130 of the laws of 1996, is amended to read as follows: 36 § 1947. State or municipality not liable on authority bonds. Neither 37 the state, the county nor any other municipality shall be liable on the 38 bonds of the authority and such bonds shall not be a debt of either the 39 state, the county or any other municipality, and each such bond shall 40 contain, on the face thereof, a statement to such effect. 41 § 10. Section 1949-a of the public authorities law, as added by chap- 42 ter 130 of the laws of 1996, is amended to read as follows: 43 § 1949-a. Agreement with state. The state does hereby pledge to and 44 agree with the holders of any bonds issued by the authority pursuant to 45 this title and with those persons or public corporations who may enter 46 into contracts with the authority pursuant to the provisions of this 47 title that the state will not alter, limit or impair the rights hereby 48 vested in the authority to purchase, construct, own and operate, main- 49 tain, repair, improve, reconstruct, renovate, rehabilitate, enlarge, 50 increase and extend, or dispose of [the auditorium] any of the authori- 51 ty's properties, facilities, structures, programs or other assets, or 52 any part or parts thereof for which bonds of the authority shall have 53 been issued, to establish and collect rates, rents, fees and other 54 charges referred to in this title, to fulfill the terms of any contracts 55 or agreements made with or for the benefit of the holders of bonds or 56 with any person or public corporation with reference to such project orS. 8306 11 1 part thereof, or in any way to impair the rights and remedies of the 2 holders of bonds, until the bonds, together with interest thereon, 3 including interest on any unpaid installments of interest, and all costs 4 and expenses in connection with any action or proceeding by or on behalf 5 of the holders of bonds, are fully met and discharged and such contracts 6 are fully performed on the part of the authority. The authority is 7 authorized to include this pledge and agreement of the state in any 8 agreement with the holders of bonds. 9 § 11. Section 1949-d of the public authorities law, as added by chap- 10 ter 130 of the laws of 1996, is amended to read as follows: 11 § 1949-d. Contracts. [All contracts for construction shall be let by12the authority in conformity with the applicable provisions of section13one hundred thirty-five of the state finance law and shall be let in14accordance with the provisions of state law pertaining to prevailing15wages, labor standards and working hours.16The authority may, in its discretion, assign contracts for supervision17and coordination to the successful bidder for any subdivision of work18for which the authority receives bids. The authority shall not award any19construction contract except to the lowest bidder who, in its opinion,20is qualified to perform the work required and who is responsible and21reliable. The authority may, however, reject any or all bids or waive22any informality in a bid if it believes that the public interest will be23promoted thereby. The authority may reject any bid if, in its judgment,24the business and technical organization, plant, resources, financial25standing, or experience of the bidder justifies such rejection in view26of the work to be performed.] 1. Notwithstanding section one hundred 27 three of the general municipal law or the provisions of any other law, 28 in conformity with the requirements of this section, and only when a 29 project labor agreement is performed, the authority may utilize the 30 alternative delivery method referred to as a design-build contract. The 31 authority shall ensure that its procurement record reflects the design- 32 build contract process authorized by this section. 33 2. An entity selected by the authority to enter into a design-build 34 contract shall be selected through a two-step process, as follows: 35 (a) The generation of a list of entities that have demonstrated the 36 general capability to perform design-build contracts. Such list shall 37 consist of a specified number of entities, as determined by the authori- 38 ty, and shall be generated based upon the authority's review of 39 responses to publicly advertised requests for qualifications. The 40 authority's request for qualifications shall include a general 41 description of the work to be performed, the maximum number of entities 42 to be included on the list and the selection criteria to be used in 43 generating the list. Such selection criteria shall include: (i) the 44 qualifications and experience of the design and construction team, 45 organization, demonstrated responsibility, ability of the team or of a 46 member or members of the team to comply with applicable requirements, 47 including the provisions of articles one hundred forty-five, one hundred 48 forty-seven and one hundred forty-eight of the education law; (ii) past 49 record of compliance with the labor law including prevailing wage 50 requirements under state and federal law; (iii) the past record of 51 compliance with existing labor standards and maintaining harmonious 52 labor relations; (iv) the record of protecting the health and safety of 53 workers on public works projects and job sites as demonstrated by the 54 experience modification rate for each of the last three years; (v) the 55 prospective bidder's ability to undertake the particular type and 56 complexity of work; (vi) the financial capability, responsibility andS. 8306 12 1 reliability of the prospective bidder for such type and complexity of 2 work; (vii) the prospective bidder's compliance with equal employment 3 opportunity requirements and anti-discrimination laws, and demonstrated 4 commitment to working with minority and women-owned businesses through 5 joint ventures or subcontractor relationships; (viii) whether or not the 6 prospective bidder or a person or entity with an interest of at least 7 ten per centum in the prospective bidder, is debarred for having disre- 8 garded obligations to employees under the Davis Bacon Act pursuant to 40 9 USC 3144 and 29 CFR 5.12; (ix) any other such qualifications the author- 10 ity deems appropriate which may include, but shall not be limited to, 11 project understanding, financial capability and record of past perform- 12 ance. The authority shall evaluate and rate all entities responding to 13 the request for qualifications. Based upon such ratings, the authority 14 shall list the entities that shall receive a request for proposals in 15 accordance with subdivision three of this section. To the extent 16 consistent with applicable federal law, the authority shall consider, 17 when awarding any contract pursuant to this section, the participation 18 of firms certified pursuant to article fifteen-A of the executive law as 19 minority or women-owned businesses and the ability of other businesses 20 under consideration to work with minority and women-owned businesses so 21 as to promote and assist participation by such businesses and small 22 business concerns identified pursuant to subdivision (b) of section one 23 hundred thirty-nine-g of the state finance law; 24 (b) The selection of the proposal which is the best value to the 25 authority. The authority shall issue a request for proposals for the 26 work to be performed to the entities listed pursuant to paragraph (a) of 27 this subdivision. If such an entity consists of a team of separate enti- 28 ties, the entities that comprise such a team must remain unchanged from 29 the entity as listed pursuant to paragraph (a) of this subdivision 30 unless otherwise approved by the authority. The request for proposals 31 for a project shall set forth the project's scope of work, and other 32 requirements, as determined by the authority. The request for proposals 33 shall specify the criteria to be used to evaluate the responses and the 34 relative weight of each such criteria. Such criteria shall include the 35 proposal's cost, the quality of the proposal's solution, the qualifica- 36 tions and experience of the design-build entity and other factors deemed 37 pertinent by the authority which may include, but shall not be limited 38 to, the proposal's project implementation, the ability to complete the 39 work in a timely and satisfactory manner, maintenance costs of the 40 completed project, maintenance of traffic approach and community impact. 41 Any contract awarded pursuant to this act shall be awarded to a respon- 42 sive and responsible entity that submits the proposal which, in consid- 43 eration of these and other specified criteria deemed pertinent, offers 44 the best value to the authority, as determined by the authority. Nothing 45 in this act shall be construed to prohibit the authority from negotiat- 46 ing final contract terms and conditions including cost. 47 3. Notwithstanding the provisions of this section, when any person or 48 entity is debarred for having disregarded obligations to employees under 49 the Davis-Bacon Act pursuant to 40 USC 3144 and 29 CFR 5.12, such person 50 or entity, and any firm, corporation, partnership or association in 51 which the person or entity owns or controls at least ten per centum of, 52 shall be ineligible to submit a bid on or be awarded any contract 53 authorized by this section while the name of the person or entity is 54 published in the list of debarred contractors pursuant to 40 USC 3144. 55 The department of labor shall notify the person or entity immediately ofS. 8306 13 1 such ineligibility and such person or entity shall be afforded the 2 opportunity to appeal to the department of labor. 3 4. Any contract entered into pursuant to this section shall include a 4 clause requiring that any professional services regulated by articles 5 one hundred forty-five, one hundred forty-seven and one hundred forty- 6 eight of the education law shall be performed and stamped and sealed, 7 where appropriate, by a professional licensed in accordance with such 8 articles. 9 5. The construction, demolition, reconstruction, excavation, rehabili- 10 tation, repair, renovation of a project undertaken by the authority 11 pursuant to this section shall be deemed a "public work" to be performed 12 in accordance with the provisions of article eight of the labor law, as 13 well as subject to sections two hundred, two hundred forty, two hundred 14 forty-one and two hundred forty-two of the labor law and enforcement of 15 prevailing wage requirements by the New York state department of labor. 16 6. A project labor agreement shall be included in the request for 17 proposals for a project, provided that, based upon a study done by or 18 for the authority, the authority determines that its interest in obtain- 19 ing the best work at the lowest possible price, preventing favoritism, 20 fraud and corruption, and other considerations such as the impact of 21 delay, the possibility of cost savings advantages, and any local history 22 of labor unrest, are best met by requiring a project labor agreement. 23 The authority shall conduct such a study and the project labor agreement 24 shall be performed consistent with the provisions of section two hundred 25 twenty-two of the labor law. If a project labor agreement is not 26 performed on a project the authority shall not utilize a design-build 27 contract for such project and sections one hundred one and one hundred 28 three of the general municipal law shall apply to such project. 29 7. Each contract entered into by the authority pursuant to this 30 section shall comply, whenever practical, with the objectives and goals 31 of minority and women-owned business enterprises pursuant to article 32 fifteen-A of the executive law or, if the project receives federal aid, 33 shall comply with applicable federal requirements for disadvantaged 34 business enterprises. 35 8. Any project undertaken by the authority pursuant to this section 36 shall be subject to the requirements of article eight of the environ- 37 mental conservation law, and, where applicable, the requirements of the 38 national environmental policy act. 39 9. If otherwise applicable, a project undertaken by the authority 40 pursuant to this section shall be governed by the general municipal law. 41 10. The submission of a proposal or responses or the execution of a 42 design-build contract pursuant to this section shall not be construed to 43 be a violation of section sixty-five hundred twelve of the education 44 law. 45 11. Nothing contained in this section shall limit the right or obli- 46 gation of the authority to comply with the provisions of any existing 47 contract, including any existing contract with or for the benefit of the 48 holders of the obligations of the authority, or to award contracts as 49 otherwise provided by law. 50 § 12. This act shall take effect immediately and shall apply to all 51 contracts and agreements entered into on and after such date.
