S. 3435--A 2
PLEASURE OF THE MAYOR AND THE SUPERINTENDENT FOR A TERM NOT EXCEEDING
ONE YEAR. TO ENSURE FLEXIBILITY AND CONTINUITY, THE MAYOR AND/OR THE
SUPERINTENDENT MAY FROM TIME TO TIME DESIGNATE AND AUTHORIZE THEIR CHIEF
OF STAFF, CHIEF FINANCIAL OFFICER, OR OTHER DESIGNEE, TO ATTEND AND VOTE
IN THEIR STEAD.
(h) "Project" shall mean work at an existing school building site that
involves the design, reconstruction, or rehabilitation of an existing
school building for its continued use as a school of the city school
district, which may include an addition to an existing school building
for such continued use at a cost, for such addition, of, FOR PROJECTS
IDENTIFIED IN SUBDIVISION (A) OF SECTION FIVE OF THIS ACT, no more than
nine million dollars, AND, FOR PROJECTS IDENTIFIED IN SUBDIVISION (B) OF
SECTION FIVE OF THIS ACT, NO MORE THAN TWENTY MILLION DOLLARS, and which
also may include (1) the construction or reconstruction of athletic
fields, playgrounds, and other recreational facilities for such existing
school building, and/or (2) the acquisition and installation of all
equipment necessary and attendant to and for the use of such existing
school building AND/OR THE ACQUISITION OF ADDITIONAL REAL PROPERTY TO
FACILITATE THE PROJECT.
(j) "Program manager" shall mean an independent program management
firm hired by the JSC board to assist it in: (1) developing and imple-
menting procedures for the projects undertaken and contracted for by the
JSC board; (2) reviewing plans and specifications for projects; (3)
developing and implementing policies and procedures to utilize employ-
ment resources to provide sufficient skilled employees for such
projects, including developing and implementing training programs, if
required; [and] (4) managing such projects IF REQUIRED BY THE JSC BOARD;
(5) DEVELOPING AND MANAGING A FINANCIAL PLAN TO MAXIMIZE THE EFFICIENT
USE OF STATE BUILDING AID; AND (6) MANAGING THE PROJECT BUDGET.
PROVIDED, HOWEVER THAT THE CITY AND THE CITY SCHOOL DISTRICT ACTING
THROUGH THE JSC BOARD MAY HIRE OR RETAIN ONE OR MORE EMPLOYEES TO
PERFORM SOME OR ALL OF THE AFOREMENTIONED PROGRAM MANAGEMENT FUNCTIONS.
S 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
S 5. (A) No more than seven projects, one each at the Central High
School, the Blodgett School, the Shea Middle School, the H.W. Smith
Elementary School, the Clary Middle School, the Dr. Weeks Elementary
School and the Fowler High School, up to a total cost of two hundred
twenty-five million dollars; AND (B) NO MORE THAN TWENTY PROJECTS AT
LOCATIONS TO BE DETERMINED BY THE CITY SCHOOL DISTRICT AND APPROVED BY
THE JSC BOARD, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS,
shall be authorized and undertaken pursuant to this act, unless other-
wise authorized by law.
S 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006
enacting the "city of Syracuse and the board of education of the city
school district of the city of Syracuse cooperative school recon-
struction act" are amended to read as follows:
S 6. (1) Before formal selection of the projects IDENTIFIED IN SUBDI-
VISION (A) OF SECTION FIVE OF THIS ACT occurs, the JSC board shall
develop a comprehensive plan recommending and outlining the projects it
proposes to be potentially undertaken pursuant to this act. Such plan
shall include: (a) an estimate of total costs to be financed, proposed
financing plan, proposed method of financing, terms and conditions of
the financing, estimated financing costs, and, if city general obli-
S. 3435--A 3
gation bonds or notes are not proposed as the method of financing, a
comparison of financing costs between such bonds or notes and the
proposed method of financing. The plan should also address what specific
options would be used to ensure that sufficient resources exist to cover
the local share of any such project cost on an annual basis; (b) infor-
mation concerning the potential persons to be involved in the financing
and such person's role and responsibilities; (c) estimates on the
design, reconstruction and rehabilitation costs by project, any adminis-
trative costs for potential projects, and an outline of the time-frame
expected for completion of each potential project; (d) a detailed
description of the request for proposals process and an outline of the
criteria to be used for selection of the program manager and all
contractors; (e) any proposed amendments to the city school district's
five year capital facilities plan submitted in accordance with subdivi-
sion 6 of section 3602 of the education law and the regulations of the
commissioner; and (f) a diversity plan, in compliance with subdivision
[(e)] (B) of section eight of this act, to develop diversity goals,
including appropriate community input and public discussion, and develop
strategies that would create and coordinate any efforts to ensure a more
diverse workforce for the projects. The diversity plan should address
accountability for attainment of the diversity goals, what forms of
monitoring would be used, and how such information would be publicly
communicated.
Prior to the development of the comprehensive plan, the JSC board
shall hold as many public hearings as may be necessary to ensure suffi-
cient public input and allow for significant public discussion on the
school building needs in such city, with at least one hearing to be held
in each neighborhood potentially impacted by a proposed project.
The JSC board shall submit the components of such comprehensive plan
outlined in subdivision (a) of this section to the comptroller, along
with any other information requested by the comptroller, for his or her
review and approval.
(2) BEFORE FORMAL SELECTION OF THE PROJECTS PURSUANT TO SUBDIVISION
(B) OF SECTION FIVE OF THIS ACT OCCURS, THE CITY SCHOOL DISTRICT SHALL
PROVIDE TO THE JSC BOARD A COMPREHENSIVE DRAFT PLAN RECOMMENDING AND
OUTLINING THE PROJECTS IT PROPOSES TO BE POTENTIALLY UNDERTAKEN PURSUANT
TO THIS ACT. SUCH PLAN WILL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE
JSC BOARD AND SHALL INCLUDE: (A) AN ESTIMATE OF TOTAL COSTS TO BE
FINANCED, PROPOSED FINANCING PLAN, PROPOSED METHOD OF FINANCING, TERMS
AND CONDITIONS OF THE FINANCING, ESTIMATED FINANCING COSTS, AND, IF CITY
GENERAL OBLIGATION BONDS OR NOTES ARE NOT PROPOSED AS THE METHOD OF
FINANCING, A COMPARISON OF FINANCING COSTS BETWEEN SUCH BONDS OR NOTES
AND THE PROPOSED METHOD OF FINANCING. THE PLAN SHOULD ALSO ADDRESS WHAT
SPECIFIC OPTIONS WOULD BE USED TO ENSURE THAT SUFFICIENT RESOURCES EXIST
TO COVER THE LOCAL SHARE OF ANY SUCH PROJECT COST ON AN ANNUAL BASIS;
(B) INFORMATION CONCERNING THE POTENTIAL PERSONS TO BE INVOLVED IN THE
FINANCING AND SUCH PERSON'S ROLE AND RESPONSIBILITIES; (C) ESTIMATES ON
THE DESIGN, RECONSTRUCTION AND REHABILITATION COSTS BY PROJECT, ANY
ADMINISTRATIVE COSTS FOR POTENTIAL PROJECTS, AND AN OUTLINE OF THE
TIME-FRAME EXPECTED FOR COMPLETION OF EACH POTENTIAL PROJECT; (D) A
DETAILED DESCRIPTION OF THE REQUEST FOR PROPOSALS PROCESS AND AN OUTLINE
OF THE CRITERIA TO BE USED FOR SELECTION OF THE PROGRAM MANAGER AND ALL
CONTRACTORS; (E) ANY PROPOSED AMENDMENTS TO THE CITY SCHOOL DISTRICT'S
FIVE YEAR CAPITAL FACILITIES PLAN SUBMITTED IN ACCORDANCE WITH SUBDIVI-
SION 6 OF SECTION 3602 OF THE EDUCATION LAW AND THE REGULATIONS OF THE
COMMISSIONER; AND (F) A DIVERSITY PLAN, IN COMPLIANCE WITH SUBDIVISION
S. 3435--A 4
(B) OF SECTION EIGHT OF THIS ACT, TO DEVELOP DIVERSITY GOALS, INCLUDING
APPROPRIATE COMMUNITY INPUT AND PUBLIC DISCUSSION, AND DEVELOP STRATE-
GIES THAT WOULD CREATE AND COORDINATE ANY EFFORTS TO ENSURE A MORE
DIVERSE WORKFORCE FOR THE PROJECTS. THE DIVERSITY PLAN SHOULD ADDRESS
ACCOUNTABILITY FOR ATTAINMENT OF THE DIVERSITY GOALS, WHAT FORMS OF
MONITORING WOULD BE USED, AND HOW SUCH INFORMATION WOULD BE PUBLICLY
COMMUNICATED.
AS PART OF THE DEVELOPMENT OF THE COMPREHENSIVE PLAN, THE SCHOOL
DISTRICT SHALL HOLD AS MANY PUBLIC HEARINGS AS MAY BE NECESSARY TO
ENSURE SUFFICIENT PUBLIC INPUT AND ALLOW FOR SIGNIFICANT PUBLIC
DISCUSSION ON THE SCHOOL BUILDING NEEDS IN SUCH CITY, WITH AT LEAST ONE
HEARING TO BE HELD IN EACH NEIGHBORHOOD POTENTIALLY IMPACTED BY A
PROPOSED PROJECT.
THE JSC BOARD SHALL SUBMIT THE COMPONENTS OF SUCH COMPREHENSIVE PLAN
OUTLINED IN SUBDIVISION (A) OF THIS SECTION TO THE COMPTROLLER, ALONG
WITH ANY OTHER INFORMATION REQUESTED BY THE COMPTROLLER, FOR HIS OR HER
REVIEW AND APPROVAL.
S 7. (A) Notwithstanding any general, special or local law to the
contrary and upon approval by the comptroller pursuant to section [four]
SIX of this act, the city school district may select projects, PURSUANT
TO SUBDIVISION (A) OF SECTION FIVE OF THIS ACT to be undertaken pursuant
to this act, as provided for in such approved comprehensive plan. After
the city school district has selected a new project and plans and spec-
ifications for such project have been prepared and approved by the city
school district, which are consistent with the approved comprehensive
plan, the city school district shall deliver such plans and specifica-
tions to the city, for approval by such city, acting through the common
council, and after the common council has approved such plans and spec-
ifications, the city shall deliver them to the commissioner for his or
her approval. After approval by the commissioner, the plans and spec-
ifications shall be returned to the city school district and such
district shall then deliver them to the JSC board. All such specifica-
tions shall detail the number of students the completed project is
intended to serve, the site description, the types of subjects to be
taught, the types of activities for school, recreational, social, safe-
ty, or other purposes intended to be incorporated in the school building
or on its site and such other information as the city school district,
the city, the common council, and the commissioner shall deem necessary
or advisable.
(B) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY
AND UPON APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION SIX OF THIS
ACT, THE CITY SCHOOL DISTRICT MAY SELECT PROJECTS, PURSUANT TO SUBDIVI-
SION (B) OF SECTION FIVE OF THIS ACT TO BE UNDERTAKEN PURSUANT TO THIS
ACT, AS PROVIDED FOR IN SUCH APPROVED COMPREHENSIVE PLAN. AFTER THE CITY
SCHOOL DISTRICT HAS SELECTED A NEW PROJECT AND PLANS AND SPECIFICATIONS
FOR SUCH PROJECT HAVE BEEN PREPARED AND APPROVED BY THE CITY SCHOOL
DISTRICT IN CONSULTATION WITH THE CITY ENGINEER, WHICH ARE CONSISTENT
WITH THE APPROVED COMPREHENSIVE PLAN, THE CITY SCHOOL DISTRICT SHALL
DELIVER SUCH PLANS AND SPECIFICATIONS TO THE COMMISSIONER FOR HIS OR HER
APPROVAL. AFTER APPROVAL BY THE COMMISSIONER, THE PLANS AND SPECIFICA-
TIONS SHALL BE DELIVERED TO THE JSC BOARD. ALL SUCH SPECIFICATIONS SHALL
DETAIL THE NUMBER OF STUDENTS THE COMPLETED PROJECT IS INTENDED TO
SERVE, THE SITE DESCRIPTION, THE TYPES OF SUBJECTS TO BE TAUGHT, THE
TYPES OF ACTIVITIES FOR SCHOOL, RECREATIONAL, SOCIAL, SAFETY, OR OTHER
PURPOSES INTENDED TO BE INCORPORATED IN THE SCHOOL BUILDING OR ON ITS
S. 3435--A 5
SITE AND SUCH OTHER INFORMATION AS THE CITY SCHOOL DISTRICT, THE CITY
ENGINEER, AND THE COMMISSIONER SHALL DEEM NECESSARY OR ADVISABLE.
(C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE
TOTAL PROJECT COST ASSOCIATED WITH THE PROJECTS AUTHORIZED PURSUANT TO
SUBDIVISION (B) OF SECTION FIVE OF THIS ACT EXCEEDS THE ESTIMATED TOTAL
PROJECT COST OF 300 MILLION DOLLARS, THEN THE JSC BOARD SHALL REPORT
SUCH INFORMATION, ALONG WITH EXPLANATORY DOCUMENTATION REGARDING THE
INCREASE IN COST, TO THE GOVERNOR, THE NEW YORK STATE COMPTROLLER, THE
COMMISSIONER, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF
THE ASSEMBLY.
(D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR-
IZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT AFTER THE
COMPLETION OF SCHEMATIC PLANS AND SPECIFICATIONS FOR REVIEW BY THE
COMMISSIONER. IF THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS
EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF
EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 30 MILLION DOLLARS OR
TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS NOT
OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE NEW YORK STATE EDUCA-
TION DEPARTMENT THE AVAILABILITY OF ADDITIONAL LOCAL SHARES FOR SUCH
EXCESS COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH THE PREPARATION
OF FINAL PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS
HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT
COSTS SO AS NOT TO EXCEED THE ABOVE COST LIMITS.
(E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE
JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR-
IZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT AFTER THE
COMPLETION OF FIFTY PERCENT OF THE FINAL PLANS AND SPECIFICATIONS FOR
REVIEW BY THE COMMISSIONER. IF THE TOTAL PROJECT COSTS ASSOCIATED WITH
SUCH PROJECTS EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST
ALLOWANCE OF EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 30 MILLION
DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL
DISTRICT HAS NOT OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE NEW
YORK STATE EDUCATION DEPARTMENT THE AVAILABILITY OF ADDITIONAL LOCAL
SHARE FOR SUCH EXCESS COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH
THE COMPLETION OF THE REMAINING FIFTY PERCENT OF THE PLANS AND SPECIFI-
CATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR
VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED
THE ABOVE COST LIMITS.
S 4. Paragraph (a) of section 8 of part A-4 of chapter 58 of the laws
of 2006 enacting the "city of Syracuse and the board of education of the
city school district of the city of Syracuse cooperative school recon-
struction act" is amended to read as follows:
(a) [Pursuant to the authority granted to it by an agreement and any
amendment or supplemental agreement thereto, between the city and the
city school district creating the JSC board with reference to the JSC
board and any amendments to those sections, the] THE JSC board, upon
receipt of such plans and specifications for a project from the [city]
COMMISSIONER, may enter into contracts ACTING THROUGH THE CITY'S DIVI-
SION OF PURCHASE AND SUBJECT TO THE APPROVAL OF THE CITY ENGINEER AND
CORPORATION COUNSEL on behalf of the city or the city school district,
or both, for such project.
S 5. Subdivisions (a) and (c) of section 9 of part A-4 of chapter 58
of the laws of 2006 enacting the "city of Syracuse and the board of
education of the city school district of the city of Syracuse cooper-
ative school reconstruction act" are amended to read as follows:
S. 3435--A 6
(a) Notwithstanding the provisions of any general, special, or local
law to the contrary, a contract entered into between the JSC board and
any person pursuant to this act may be awarded either pursuant to public
bidding in compliance with section 103 of the general municipal law or,
in order to foster major investment in existing school buildings and to
deliver quality products and services that are beneficial to the city
and the city school district and the public they serve, pursuant to the
following provisions of this act for the award of a contract based on
evaluation of proposals submitted in response to a request for proposals
prepared by or for the JSC board. PROVIDED, HOWEVER, THAT THE JSC BOARD
SHALL HAVE THE OPTION OF OBTAINING PROFESSIONAL SERVICES INCLUDING BUT
NOT LIMITED TO AN INDEPENDENT PROGRAM MANAGER, CONSTRUCTION MANAGERS,
ARCHITECTS, ENGINEERS, FINANCIAL EXPERTS, AND DIVERSITY COMPLIANCE
SERVICES THROUGH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON
COUNCIL FOR SUCH CONTRACT AWARDS.
(c) Prior to the issuance of a request for proposals pursuant to this
act, EXCEPT THOSE ISSUED PURSUANT TO THE CITY'S STANDARD REQUEST FOR
PROPOSALS, the JSC board shall publish notice of such issuance in the
official newspaper of the city, if any, and in at least one newspaper of
general circulation. Concurrent with the publication of such notice, a
draft request for proposals shall be filed with the JSC board. After
allowing a thirty day comment period and an additional ten days to
review such comments, the JSC board may publish the final request for
proposals and concurrent with such publication shall publish notice of
such issuance in the manner specified in this subdivision. Concurrent
with the publication of the final request for proposals, a set of
comments filed in relation to the draft request for proposals and find-
ings related to the substantive elements of such comments shall be filed
along with the request for proposals with the JSC board and in the
public library or libraries in proximity to the proposed project.
S 6. Subdivisions (a) and (d) of section 10 of part A-4 of chapter 58
of the laws of 2006 enacting the "city of Syracuse and the board of
education of the city school district of the city of Syracuse cooper-
ative school reconstruction act" are amended to read as follows:
(a) The JSC board may require a contractor awarded a PUBLIC contract,
subcontract[, lease, grant, bond, covenant] or other agreement for a
project to enter into a project labor agreement during and for the work
involved with such project when such requirement is part of the JSC
board's [request for proposals] SPECIFICATIONS for the project and when
the JSC board determines that the record supporting the decision to
enter into such an agreement establishes that it is justified by the
interests underlying the competitive bidding laws. IN ADDITION, THE JSC
BOARD MAY CHOOSE TO EXTEND THE PROJECT LABOR AGREEMENT ENTERED INTO FOR
THE FIRST PHASE OF THE JSC CONSTRUCTION PROJECTS TO THE PROJECTS AUTHOR-
IZED HEREIN.
(d) Every contract entered into by the JSC board for a project shall
contain a provision that the design of such project shall be subject to
the review and approval of the city school district AND THE CITY ENGI-
NEER and that the design and construction standards of such project
shall be subject to the review and approval of the commissioner. In
addition, every such contract shall contain a provision that the
contractor shall furnish a labor and material bond guaranteeing prompt
payment of moneys that are due to all persons furnishing labor and mate-
rials pursuant to the requirements of any contracts for a project under-
taken pursuant to this act and a performance bond for the faithful
S. 3435--A 7
performance of the project, which shall conform to the provisions of
section 103-f of the general municipal law, and that a copy of such
performance and payment bonds shall be kept by the city and shall be
open to public inspection.
S 7. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
S 11. (a) All contracts entered into by the JSC board for projects
[undertaken pursuant to this act] PURSUANT TO SUBDIVISION (A) OF SECTION
FIVE OF THIS ACT shall be managed by an independent program manager.
Selection of the program manager shall be pursuant to the competitive
process established in section seven of this act. The program manager
shall have experience in planning, designing, and constructing new
and/or reconstructing existing school buildings, public facilities,
commercial facilities, and/or infrastructure facilities, and in the
negotiation and management of labor contracts and agreements, training
programs, educational programs, and physical technological requirements
for educational programs. The program manager shall manage all projects
undertaken pursuant to this act, review project schedules, review
payment schedules, prepare cost estimates and assess the safety programs
of contractors and all training programs, if required. The program
manager shall implement procedures for verification by it that all work
for which payment has been requested has been satisfactorily completed.
(b) ALL CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC
BOARD FOR PROJECTS PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS
ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH THE SCHOOL
DISTRICT OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM
MANAGER OR CONSTRUCTION MANAGERS SELECTED FOR ONE OR MORE PROJECTS.
SELECTION OF THE PROGRAM MANAGER AND/OR THE CONSTRUCTION MANAGER OR
MANAGERS SHALL BE PURSUANT TO A COMPETITIVE PROCESS ESTABLISHED IN
ACCORDANCE WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING
THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON
COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI-
ENCE IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING
EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER-
CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI-
ATION AND MANAGEMENT OF LABOR CONTRACTS AND AGREEMENTS, TRAINING
PROGRAMS, EDUCATIONAL PROGRAMS, AND PHYSICAL TECHNOLOGICAL REQUIREMENTS
FOR EDUCATIONAL PROGRAMS. THE PROGRAM MANAGER SHALL MANAGE ALL PROJECTS
ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND UNDERTAKEN PURSUANT
TO THIS ACT, REVIEW PROJECT SCHEDULES, REVIEW PAYMENT SCHEDULES, PREPARE
COST ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL
TRAINING PROGRAMS, IF REQUIRED. THE PROGRAM MANAGER SHALL IMPLEMENT
PROCEDURES FOR VERIFICATION BY IT THAT ALL WORK FOR WHICH PAYMENT HAS
BEEN REQUESTED HAS BEEN SATISFACTORILY COMPLETED. PROVIDED, HOWEVER,
THAT THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT
CONSTRUCTION MANAGER AT ONE OR MORE OF THE PROJECTS TO BE AUTHORIZED
HEREIN WITH SAID CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE
MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC
BOARD.
(C) The program manager, and its affiliates or subsidiaries, if any,
shall be prohibited from awarding contracts or being awarded contracts
for or performing any work on projects undertaken pursuant to this act.
S 8. Section 12 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
S. 3435--A 8
district of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
S 12. Notwithstanding any other provision of law, building aid that
would otherwise be payable for the school district portion of expendi-
tures for capital outlays and debt service for [each] INSTALLMENT
PURCHASE CONTRACTS; SHALL BE SUBJECT TO THE PROVISIONS OF SECTION 109-B
OF THE GENERAL MUNICIPAL LAW, EXCEPT FOR PARAGRAPH (A) OF SUBDIVISION 3
OF SUCH SECTION, SUBDIVISION 5 OF SUCH SECTION, AND PARAGRAPH (C) OF
SUBDIVISION 6 OF SUCH SECTION, AND EXCEPT TO THE EXTENT SECTION 109-B OF
THE GENERAL MUNICIPAL LAW IS INCONSISTENT WITH THE PROVISIONS OF THIS
ACT. ALL PROVISIONS WITH REFERENCE TO INSTALLMENT PURCHASE CONTRACTS OR
CERTIFICATES OF PARTICIPATION CONTAINED IN SECTION 109-B OF THE GENERAL
MUNICIPAL LAW, EXCEPT ANY PROHIBITION AGAINST USING SUCH INSTALLMENT
PURCHASE CONTRACTS OR CERTIFICATES OF PARTICIPATION FOR THE PURPOSES SET
FORTH IN THIS ACT, SHALL APPLY TO INSTALLMENT PURCHASE CONTRACTS OR
CERTIFICATES OF PARTICIPATION ENTERED INTO OR ISSUED PURSUANT TO THE
AUTHORITY OF THIS SECTION.
EACH project undertaken pursuant to the provisions of this act in
accordance with subdivision 6 of section 3602 of the education law,
shall be paid to the city.
S 9. Section 13 of part A-4 of chapter 58 of the laws of 2006 enacting
the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
S 13. Notwithstanding any general, special, or local law or ordinance
to the contrary, contracts entered into by the JSC board for projects
undertaken pursuant to this act: (A) MAY BE INITIALLY FUNDED BY THE CITY
FROM ANY AVAILABLE MONIES OR FROM THE PROCEEDS OF CITY OBLIGATIONS
ISSUED IN ANTICIPATION OF PERMANENT FINANCING FROM ANY SOURCE PROVIDED
UNDER THE ACT AND THE REIMBURSEMENT TO THE CITY OF ANY AVAILABLE MONIES
SO ADVANCED OR THE PAYMENT OF OBLIGATIONS OF THE CITY ISSUED IN ANTIC-
IPATION OF PERMANENT FINANCING (INCLUDING PERMANENT FINANCING ISSUED
THROUGH THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY FOR SUCH
PURPOSE) IS HEREBY SPECIFICALLY AUTHORIZED, AND (B) (1) may be funded by
certificates of participation issued by the city pursuant to this act;
(2) may be installment purchased contracts; and (3) shall be subject to
the provisions of section 109-b of the general municipal law, except for
paragraph (a) of subdivision 3 of such section, subdivision 5 of such
section, and paragraph (c) of subdivision 6 of such section, and except
to the extent section 109-b of the general municipal law is inconsistent
with the provisions of this act. All provisions with reference to
installment purchase contracts or certificates of participation
contained in section 109-b of the general municipal law, except any
prohibition against using such installment purchase contracts or certif-
icates of participation for the purposes set forth in this act, shall
apply to installment purchase contracts or certificates of participation
entered into or issued pursuant to the authority of this section of this
act.
S 10. Section 14 of part A-4 of chapter 58 of the laws of 2006 enact-
ing the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act"
is amended by adding a new subdivision (c) to read as follows:
(C) PAYMENT OF DEBT SERVICE ON BONDS, NOTES OR OTHER OBLIGATIONS
ISSUED TO SECURE FINANCING FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT
SHALL NOT BE CONSIDERED WHEN DETERMINING THE "CITY AMOUNT" REQUIRED
PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVISION 5-B OF
S. 3435--A 9
SECTION 2576 OF THE EDUCATION LAW; PROVIDED, HOWEVER, THAT THIS
PROVISION SHALL NOT OTHERWISE AFFECT THE DETERMINATION OF SAID "CITY
AMOUNT" WITH RESPECT TO FUNDING UNRELATED TO PROJECTS UNDERTAKEN PURSU-
ANT TO THIS ACT.
S 11. Subdivision (a) of section 16 of part A-4 of chapter 58 of the
laws of 2006 enacting the "city of Syracuse and the board of education
of the city school district of the city of Syracuse cooperative school
reconstruction act" is amended to read as follows:
(a) Notwithstanding any limitations contained in article 18-A of the
general municipal law, including subdivisions 4[,] AND 12 [and 13] of
section 854 and section 926 of the general municipal law, a project
undertaken pursuant to this act shall be a "project" within the defi-
nition and for the purposes of subdivision 4 of section 854 of the
general municipal law, which may be financed by the city of Syracuse
industrial development agency or any successor agency thereto AND THE
CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY IS EXPRESSLY AUTHORIZED
TO REFINANCE OBLIGATIONS ISSUED BY THE CITY IN ANTICIPATION OF FINANCING
AUTHORIZED BY THIS ACT AND/OR REIMBURSE THE CITY FOR MONIES ADVANCED BY
THE CITY FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT. In connection
with the city of Syracuse industrial development agency financing the
costs of any project undertaken pursuant to this act, the city and the
city school district may grant a leasehold or license interest in the
project and school building site constituting such project to the city
of Syracuse industrial development agency. All contracts involving any
such projects shall be awarded by the JSC board pursuant to the compet-
itive [process] PROCESSES outlined in [section] SECTIONS seven, EIGHT
AND NINE of this act [and shall comply with the provisions of section
eight of this act]. A project undertaken pursuant to this act may be
financed through a special program agreement with the state of New York
municipal bond bank agency pursuant to the provisions of section 2435-a
of the public authorities law. It shall be the duty of the JSC board,
the city school district and the city to compare the financing available
for such projects through the city of Syracuse industrial development
agency with financing available through the state of New York municipal
bond bank agency, and to employ the financing mechanism that will result
in the lowest cost to the taxpayers of the city and the state. It shall
be the duty of the JSC board, the city school district, the city and the
city of Syracuse industrial development agency to share with the state
of New York municipal bond bank agency any information in their
possession that is required by the state of New York municipal bond bank
agency to determine the cost of financing such projects and to compute
the interest rate that would have been applicable to a bond issuance by
the state of New York municipal bond bank agency in the event that
financing is obtained through the city of Syracuse industrial develop-
ment agency. Any failure to provide such information within thirty days
of receipt of a request from the state of New York municipal bond bank
agency shall be deemed to be a failure of the city school district to
submit the data needed to compute the apportionment of state building
aid, and the commissioner shall withhold such apportionment until such
information is fully submitted. Upon request of the city school
district, the director of the state of New York municipal bond bank
agency shall submit such reports as the commissioner may require on the
financing of such projects and/or the interest rate that would have been
applicable to such projects if they had been financed through such agen-
cy.
S. 3435--A 10
S 12. Section 19 of part A-4 of chapter 58 of the laws of 2006 enact-
ing the "city of Syracuse and the board of education of the city school
district of the city of Syracuse cooperative school reconstruction act"
is amended to read as follows:
S 19. (A) On January 15, 2007 and annually thereafter, until
completion of the [seven] projects authorized pursuant to this act, the
JSC board shall issue a report to the governor, the comptroller, the
commissioner, the temporary president of the senate, the speaker of the
assembly, the city, the common council and the city school district on
the progress and status of the projects undertaken by the JSC board.
Provided further, that if any such entities request information on the
progress and status of the projects prior to such report, it shall be
provided to such entities by the JSC board.
[In addition, on] (B) ON or before June 30, 2014 or upon the
completion of the [seven] projects authorized pursuant to SUBDIVISION
(A) OF SECTION FIVE OF this act, whichever shall first occur, the JSC
board shall issue a report to the city, the city school district, the
governor, the commissioner, the comptroller, the temporary president of
the senate, the minority leader of the senate, the speaker of the assem-
bly, the minority leader of the assembly, the state board of regents,
and the chairs and ranking minority members of the New York state senate
and assembly committees on education, the finance committee of the New
York state senate, and the ways and means committee of the New York
state assembly. Such report shall identify the fiscal and pedagogical
results of the projects undertaken pursuant to this act, along with
recommendations for its continuance, amendments, or discontinuance.
(C) ON OR BEFORE JUNE 30, 2020 OR UPON THE COMPLETION OF THE PROJECTS
AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT,
WHICHEVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE
CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE
COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER
OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE
ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI-
TY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON
EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE
WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT
SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER-
TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN-
UANCE, AMENDMENTS, OR DISCONTINUANCE.
S 13. This act shall take effect immediately; provided, however, that
all resolutions, actions, obligations and approvals of the JSC board, as
defined in subdivision (f) of section 4 of part A-4 of chapter 58 of the
laws of 2006, as amended in section one of this act, taken prior to the
effective date of this act shall remain in full force and effect and be
treated as resolutions, actions, obligations and approvals of such
board.