[ ] is old law to be omitted.
LBD13583-07-8
S. 8306--B 2
§ 4. Section 1941 of the public authorities law, as added by chapter
130 of the laws of 1996, is amended to read as follows:
§ 1941. Definitions. As used or referred to in this title, unless a
different meaning clearly appears from the context:
1. "Auditorium" means the auditorium commonly known as the Utica memo-
rial auditorium located in the city of Utica, as well as surrounding
lands, including all structures appurtenant thereto, located in the
vicinity of Oriskany street west and Charles street, as the same may be
reconstructed, enlarged or modified from time to time.
2. "Authority" means the corporation created by section one thousand
nine hundred forty-two of this title.
3. "BEST VALUE" MEANS THE BASIS FOR AWARDING CONTRACTS FOR SERVICES TO
THE BIDDER THAT OPTIMIZES QUALITY, COST EFFICIENCY AND PRICE AND
PERFORMANCE CRITERIA, WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO:
(A) THE QUALITY OF THE CONTRACTOR'S PERFORMANCE ON PREVIOUS PROJECTS;
(B) THE TIMELINESS OF THE CONTRACTOR'S PERFORMANCE ON PREVIOUS
PROJECTS;
(C) THE LEVEL OF CUSTOMER SATISFACTION WITH THE CONTRACTOR'S PERFORM-
ANCE ON PREVIOUS PROJECTS;
(D) THE CONTRACTOR'S RECORD OF PERFORMING PREVIOUS PROJECTS ON BUDGET
AND ABILITY TO MINIMIZE COST OVERRUNS;
(E) THE CONTRACTOR'S ABILITY TO LIMIT CHANGE ORDERS;
(F) THE CONTRACTOR'S ABILITY TO PREPARE APPROPRIATE PROJECT PLANS;
(G) THE CONTRACTOR'S TECHNICAL CAPACITIES;
(H) THE INDIVIDUAL QUALIFICATIONS OF THE CONTRACTOR'S KEY PERSONNEL;
(I) THE CONTRACTOR'S ABILITY TO ASSESS AND MANAGE RISK AND MINIMIZE
RISK IMPACT; AND
(J) THE CONTRACTOR'S PAST RECORD OF ENCOURAGING WOMEN AND MINORITY
OWNED BUSINESS ENTERPRISE PARTICIPATION AND COMPLIANCE WITH ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW.
SUCH BASIS SHALL REFLECT, WHEREVER POSSIBLE, OBJECTIVE AND QUANTIFI-
ABLE ANALYSIS.
4. "Bonds" means the bonds, notes or other evidences of indebtedness
issued by the authority pursuant to this title, and the provisions of
this title relating to bonds and bondholders shall apply with equal
force and effect to notes and noteholders, respectively, unless the
context otherwise clearly requires.
[4.] 5. "City" means the city of Utica, Oneida county.
[5.] 6. "Civil service commission" means the civil service commission
of the county of Oneida.
[6.] 7. "Comptroller" means the comptroller of the state.
[7.] 8. "Construction" or "Constructed" means the acquisition,
erection, building, alteration, improvement, increase, enlargement,
extension, reconstruction, renovation or rehabilitation of the auditori-
um AND ANY AND ALL OTHER PROPERTIES, FACILITIES AND STRUCTURES ACQUIRED
AND/OR IDENTIFIED FOR ACQUISITION; the inspection and supervision there-
of; and the engineering, architectural, legal, fiscal and economic
investigations and studies, surveys, designs, plans, working drawings,
specifications, procedure and other actions preliminary or incidental
thereto and claims arising therefrom.
[8.] 9. "Cost" as applied to the auditorium AND ANY AND ALL OTHER
PROPERTIES, FACILITIES AND STRUCTURES ACQUIRED AND/OR IDENTIFIED FOR
ACQUISITION, includes the cost of construction, the cost of the acquisi-
tion of all property, including real property and other property, both
real, personal and mixed, improved and unimproved, the cost of the
demolishing, removing or relocating any buildings or structures on lands
S. 8306--B 3
so acquired, including the cost of acquiring any lands to which such
buildings or structures may be moved or relocated, the cost of all
machinery, apparatus and equipment, financing charges, interest prior
to, during and after construction to the extent not paid or provided for
from revenues or other sources, the cost of engineering and architec-
tural surveys, plans and specifications, the cost of consultant and
legal services, the cost of guarantee, bond insurance or other credit
support devices and the cost of other expenses necessary or incidental
to the construction of the auditorium and the acquisition of property
[therefor] THEREOF and the financing of the construction and acquisition
of property, including the amount authorized in the resolution of the
authority providing for the issuance of bonds to be paid into any
reserve or other special funds from the proceeds of such bonds and the
financing of the placing of the auditorium AND ANY AND ALL OTHER PROPER-
TIES, FACILITIES AND STRUCTURES ACQUIRED AND/OR IDENTIFIED FOR ACQUISI-
TION, in operation, including reimbursement to any municipality, state
agency, the state, the United States government, or any other GOVERNMENT
OR person for expenditures that would be costs of the auditorium AND ANY
AND ALL OTHER PROPERTIES, FACILITIES AND STRUCTURES ACQUIRED AND/OR
IDENTIFIED FOR ACQUISITION, hereunder had they been made directly by the
authority.
[9.] 10. "Council" means the common council of the city.
[10.] 11. "County" means the county of Oneida, New York.
[11.] 12. "County executive" means the county executive of the county.
[12.] 13. "County legislature" means the county legislature of the
county.
[13.] 14. "DESIGN-BUILD CONTRACT" MEANS, IN CONFORMITY WITH THE
REQUIREMENTS OF THIS ACT, A CONTRACT FOR THE DESIGN AND CONSTRUCTION OF
ANY PROJECT WITH A SINGLE ENTITY, WHICH MAY BE A TEAM COMPRISED OF SEPA-
RATE ENTITIES.
15. "Governing body" means the members of the authority, constituting
and acting as the governing body of the authority.
[14.] 16. "Municipality" means the county and any city, town, village
or school district located within or partly within the service area.
[15.] 17. "Person" means any natural person, firm, partnership, asso-
ciation, joint venture or corporation, exclusive of a public corporation
as defined pursuant to article two-A of the general construction law.
[16.] 18. "PROCUREMENT RECORD" SHALL MEAN DOCUMENTATION OF THE DECI-
SIONS MADE AND THE APPROACH TAKEN IN THE PROCUREMENT PROCESS.
19. "PROJECT LABOR AGREEMENT" SHALL MEAN A PRE-HIRE COLLECTIVE
BARGAINING AGREEMENT BETWEEN A CONTRACTOR AND A BONA FIDE BUILDING AND
CONSTRUCTION TRADE LABOR ORGANIZATION ESTABLISHING THE LABOR ORGANIZA-
TION AS THE COLLECTIVE BARGAINING REPRESENTATIVE FOR ALL PERSONS WHO
WILL PERFORM WORK ON THE PROJECT, AND WHICH PROVIDES THAT ONLY CONTRAC-
TORS AND SUBCONTRACTORS WHO SIGN A PRE-NEGOTIATED AGREEMENT WITH THE
LABOR ORGANIZATION CAN PERFORM PROJECT WORK.
20. "Real property" means lands, structures, franchise, rights and
interests in land, air space, waters, lands under water, riparian
rights, and air rights and any and all things and rights included within
said term and includes not only fees simple absolute, but also any and
all lesser interests including, but not limited to, easements, rights-
of-way, uses, leases, licenses and all other incorporeal hereditaments
and every estate, interest or right, legal or equitable, including terms
for years and liens thereon by way of judgments, mortgages or otherwise.
[17.] 21. "Revenues" means all fees, charges and other income and
receipts derived from the operation of the auditorium including, without
S. 8306--B 4
limiting the generality of the foregoing, investment proceeds and
proceeds of insurance, condemnation, and sale or other disposition of
assets, together with all federal, state or municipal aid, if any.
[18.] 22. "Service area" means the area comprising the entirety of the
[city and of the towns of Deerfield, Kirkland, Marcy, New Hartford,
Trenton and Whitestown, including all villages located entirely or part-
ly therein] COUNTY.
[19.] 23. "State" means the state of New York.
[20.] 24. "State agency" means any state office, public benefit corpo-
ration, department, board, commission, bureau or division, or other
agency or instrumentality of the state.
§ 5. The section heading and subdivisions 1 and 2 of section 1942 of
the public authorities law, as added by chapter 130 of the laws of 1996,
are amended to read as follows:
ONEIDA COUNTY ARTS, CULTURE AND ENTERTAINMENT AUTHORITY, FORMERLY THE
Upper Mohawk Valley memorial auditorium authority. 1. A public corpo-
ration, to be known as the ["Upper Mohawk Valley memorial auditorium
authority"] "ONEIDA COUNTY ARTS, CULTURE AND ENTERTAINMENT AUTHORITY" is
hereby created for the public purposes and charged with the duties and
having the powers provided in this title. The authority shall be a body
corporate and politic constituting a public benefit corporation. The
governing body of the authority shall consist of a total of [seven] NINE
members, [three] FIVE of whom shall be appointed by the county execu-
tive, without confirmation of the county legislature, and four of whom
shall be appointed by the county legislature, without county executive
right to veto. The first members appointed by the county executive shall
be appointed for the following terms of office: one for a term ending
on December thirty-first of the first year following the year in which
this title shall have become law, [one] TWO for a term ending on Decem-
ber thirty-first of the third year following the year in which this
title shall have become law and [one] TWO for a term ending on December
thirty-first of the fifth year following the year in which this title
shall have become law. The first members appointed by the county legis-
lature shall be appointed for the following terms of office: one for a
term ending on December thirty-first of the first year following the
year in which this title shall have become law, one for a term ending on
December thirty-first of the third year following the year in which this
title shall have become law, and two for a term ending on December thir-
ty-first of the fifth year following the year in which this title shall
have become law. Subsequent appointments of members shall be made for a
term of five years ending in each case on December thirty-first of the
last year of such term. All members shall continue to hold office until
their successors are appointed and qualify. Vacancies shall be [filed]
FILLED in the manner provided for original appointment. Vacancies,
occurring otherwise than by expiration of term of office, shall be
filled by appointment for the unexpired terms. Members may be removed
from office by the party which appointed such member for inefficiency,
neglect of duty or misconduct in office; provided, however, that such
member shall be given a copy of the charges against him or her and an
opportunity of being heard in person, or by counsel, in his or her
defense upon not less than ten days notice. The members of the authority
shall receive no compensation for their services, but shall be reim-
bursed for their actual and necessary expenses incurred in connection
with the carrying out of the purposes of this title; provided, however,
that no member shall be reimbursed for any expense exceeding one thou-
sand dollars incurred with respect to any individual purpose unless the
S. 8306--B 5
governing body at a meeting duly called and held when a quorum of four
members are present shall have authorized the incurrence of such expense
by such member. The powers of the authority shall be vested in and be
exercised by the governing body at a meeting duly called and held where
a quorum of four members are present. No action shall be taken except
pursuant to the favorable vote of at least four voting members. All
votes must be made in person [at] OR THROUGH PARTICIPATION BY WAY OF
VIDEOCONFERENCING DURING a meeting and no vote may be made by proxy. The
governing body may delegate to one or more of its members, officers,
agents or employees such powers and duties as it may deem proper.
2. The officers of the authority shall consist of a chair, a vice-
chair, a treasurer and a secretary, which secretary need not be a member
of the authority. Such officers shall be appointed by the governing body
and shall serve in such capacities at the pleasure of the governing
body. In addition to the secretary, the governing body may appoint and
at pleasure remove such additional officers and employees as it may
determine necessary for the performance of the powers and duties of the
authority and fix and determine their qualifications, duties and compen-
sation, subject to the provisions of the civil service law. The govern-
ing body may also from time to time contract for expert professional
services. The members, officers, executive director, if any, comp-
troller, if any, and counsel, if any, shall be an exempt position under
any rule or classification of the civil service commission. The treasur-
er shall execute a bond, conditioned upon the faithful performance of
the duties of his or her office, the amount and sufficiency of which
shall be approved by the governing body and the premium [therefor] THER-
EOF shall be paid by the authority.
§ 6. Section 1943 of the public authorities law, as added by chapter
130 of the laws of 1996, is amended to read as follows:
§ 1943. Powers of the authority. Except as otherwise limited by this
title, the authority shall have the power:
1. To sue and be sued.
2. To have a seal and alter the same at pleasure.
3. TO ENGAGE IN PLANNING, DEVELOPMENT, FINANCING, CONSTRUCTION AND
OPERATION OF ARTS, CULTURE, ENTERTAINMENT, TOURISM, SPORTS, RECREATION
AND RELATED FACILITIES AND PROGRAMS.
4. To borrow money and issue bonds, notes or other obligations for its
corporate purposes and to provide for the rights of the holders thereof.
[4.] 5. To enter into contracts and to execute all instruments neces-
sary or convenient or desirable for the purposes of the authority to
carry out any powers expressly given to it in this title.
[5.] 6. TO ASSIST WITH THE PLANNING, DEVELOPMENT, CONSTRUCTION AND
FINANCING OF THE COST OF A MULTI-USE SPORTS COMPLEX LOCATED WITHIN THE
AREA IN THE CITY OF UTICA BOUNDED ON THE NORTH BY THE SOUTHERLY BOUNDARY
OF WHITESBORO STREET, ON THE SOUTH BY THE NORTHERLY BOUNDARY OF ORISKANY
STREET WEST, ON THE EAST BY THE WESTERLY BOUNDARY OF BROADWAY AND ON THE
WEST BY THE WESTERLY BOUNDARY OF CHARLES STREET, WHETHER OR NOT SUCH
PROJECT IS TO BE OWNED OR OPERATED BY THE OCACE AUTHORITY, WHICH ASSIST-
ANCE MAY INCLUDE LOANS TO ANY APPROPRIATE ENTITY.
7. To acquire, WITHOUT LIMITATION, by purchase, gift, grant, transfer,
contract or lease or by condemnation pursuant to the eminent domain
procedure law, lease as lessee, hold, and use any property, real,
personal or mixed or any interest therein constituting or for use in
connection with the [auditorium] AUTHORITY, as the authority may deem
necessary, convenient or desirable to carry out the purpose of this
title and, subject to any limitations in any agreement entered into
S. 8306--B 6
pursuant to this title, to sell, lease as lessor, transfer or otherwise
dispose of any such property or interest therein. In connection with the
acquisition of any such property, the authority may assume any obli-
gations of the owner of such property and, to the extent required by the
terms of any indentures or other instruments under which such obli-
gations were issued, the authority may assume and agree to perform
covenants and observe the restrictions contained in such instruments;
and furthermore the owner of any property which the authority is author-
ized to acquire is hereby authorized to sell or otherwise transfer the
same to the authority, whereupon the authority shall become charged with
the performance of all public duties with respect to such property with
which such owner was charged and such owner shall become discharged from
the performance thereof.
[6.] 8. To develop, construct, operate, maintain and manage or
contract for the operation, maintenance or management of, or for
services to be performed in connection with [, the auditorium] ANY AND
ALL PROPERTIES, FACILITIES AND STRUCTURES OWNED, ACQUIRED AND/OR IDENTI-
FIED FOR ACQUISITION; to allow the use of [the auditorium] ANY AND ALL
PROPERTIES, FACILITIES AND STRUCTURES OWNED, ACQUIRED AND/OR IDENTIFIED
FOR ACQUISITION for the conduct of ANY AND ALL ACTIVITIES IN FURTHERANCE
OF THE AUTHORITY AS SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO,
TOURISM, HOUSING, professional and amateur athletic events, enter-
tainment, cultural and artistic events [and, or,] AND/OR civic events,
CONVENTIONS, and ALL activities related thereto; and to rent parts ther-
eof and to grant concessions, all on such terms and conditions as the
authority may determine.
[7.] 9. To apply to the appropriate agencies and officials of the
federal, state and local governments for such licenses, permits or
approvals of its plans as it may deem necessary or advisable, and upon
such terms and conditions as it may deem appropriate, and to accept, in
its discretion, such licenses, permits or approvals as may be tendered
to it by such agencies and officials.
[8.] 10. To appoint such officers and employees as are required for
the performance of its duties, to fix and determine their qualifica-
tions, duties and compensation, and to retain or employ counsel, audi-
tors, engineers and private consultants on a contract basis or otherwise
for rendering professional or technical services and advice.
[9.] 11. To make plans and studies necessary, convenient or desirable
for the effectuation of the purposes and THE powers of the authority and
to prepare recommendations in regard thereto.
[10.] 12. To enter upon such lands or premises as in the judgment of
the authority shall be necessary for the purpose of making surveys,
[sounding] SOUNDINGS, [boring] BORINGS and examinations to accomplish
any purpose authorized by this title, the authority being liable only
for actual damage done.
[11.] 13. To apply for and to accept any gifts or grants or loans of
funds or property or financial or other aid in any form from the federal
government or any agency or instrumentality thereof, or from the state
or any agency or instrumentality thereof or from any other source, for
any or all of the purposes specified in this title, and to comply,
subject to the provisions of this title, with the terms and conditions
thereof.
[12.] 14. To make and amend by-laws for its organization and manage-
ment and regulation of its affairs and rules and regulations governing
the exercise of its powers and the fulfillment of its purposes under
this title. A copy of such rules, regulations and by-laws, and all
S. 8306--B 7
amendments thereto, duly certified by the secretary of the authority
shall be filed in the office of the county clerk.
[13.] 15. To enter into cooperative agreements with other authorities,
with municipalities, individuals, or corporations, within or without the
service area, for any lawful purposes necessary or desirable to effect
the [purposes] PURPOSE AND MISSION of this title upon such terms and
conditions as the authority shall [be determined] DETERMINE to be
reasonable.
[14.] 16. With the consent of the chief executive officer of munici-
palities within the service area, to use officers and employees of such
municipalities and to pay a proper portion of compensation or costs for
the services of such officers or employees.
[15.] 17. To establish, fix[, revise, charge,] AND collect [and
enforce fees and charges for the use of the auditorium so as to provide
revenues which, together with other earnings of the auditorium, if any,
are at least sufficient at all times to pay, as the same shall become
due, the expense of operating and maintaining the auditorium together
with proper reserves for maintenance, contingencies and all other obli-
gations and indebtedness of the authority], ON ANY EQUITABLE BASIS,
RATES, RENTALS, FEES AND OTHER CHARGES FOR THE USE OF ANY AND ALL PROP-
ERTIES, FACILITIES AND STRUCTURES OWNED, LEASED, OR OTHERWISE MANAGED BY
OCACE.
[16.] 18. TO ESTABLISH A SEPARATE PER DIEM FEE FOR ANY OF THE PROPER-
TIES, FACILITIES, STRUCTURES, AS WELL AS FOR PROGRAMS, PLANNING, EVENTS
AND OTHER AUTHORIZED ACTIVITIES OF THE AUTHORITY WHICH SUCH REVENUE
SHALL BE USED FOR PURPOSES DEEMED NECESSARY AND APPROPRIATE BY THE OCACE
BOARD.
19. TO COLLECT, UNDER CONTRACT WITH ONEIDA COUNTY FEES AND CHARGES
ESTABLISHED BY THE COUNTY FOR THE USE OF HOTEL AND MOTEL FACILITIES.
SUCH REVENUE SHALL BE USED FOR PURPOSES DEEMED NECESSARY AND APPROPRIATE
BY THE OCACE BOARD INCLUDING, BUT NOT LIMITED TO, TOURISM PROMOTION.
20. ALL THE REVENUE FROM SUCH RATES, RENTALS, FEES AND OTHER CHARGES
SET FORTH IN SUBDIVISIONS SEVENTEEN THROUGH NINETEEN OF THIS SECTION
SHALL BE ESTABLISHED BY THE AUTHORITY SO THAT THEY ARE AT LEAST SUFFI-
CIENT AT ALL TIMES TO PAY, AS THE SAME SHALL BECOME DUE, ALL DEBT
SERVICE AND ALL OPERATING AND MAINTENANCE EXPENSES, TOGETHER WITH PROPER
RESERVES FOR MAINTENANCE, CONTINGENCIES AND ALL OTHER OBLIGATIONS OF THE
AUTHORITY.
21. To pledge its revenues and mortgage any or all of its properties
to secure the obligations of the authority.
[17.] 22. To establish and maintain such reserves, special funds and
accounts, to be held in trust or otherwise, as may be required by any
agreement with bondholders [and, or,] AND/OR any municipality.
[18.] 23. For the purposes of article fifteen-A of the executive law
only, the authority shall be deemed a state agency as that term is used
in such article, and its contracts for procurement, design,
construction, services, and materials shall be deemed state contracts
within the meaning of that term as set forth in such article.
[19.] 24. To do all things necessary, convenient or desirable to carry
out [its purposes] THE PURPOSE AND MISSION OF THE AUTHORITY and for the
exercise of the powers granted in this title.
§ 7. Section 1944 of the public authorities law, as added by chapter
130 of the laws of 1996, is amended to read as follows:
§ 1944. Appropriations for purposes of the authority; transfer of
property to the authority; acquisition of property by municipality for
authority; contracts with municipality. 1. In addition to any powers
S. 8306--B 8
granted to it by law, any municipality may, from time to time, appropri-
ate by resolution sums of money for purposes of the authority to defray
[auditorium costs or] any [other] costs and expenses of the authority or
to pay amounts payable or anticipated to be payable to the authority
pursuant to any agreement authorized by this title. Subject to the
rights of bondholders, such municipality may determine if the moneys so
appropriated shall be subject to repayment by the authority and, in such
event, the manner and time or times for such repayment.
2. Any municipality may give, grant, sell, convey, loan or license the
use of or lease to the authority any property, real, personal or mixed,
which is useful to the authority in order to carry out its powers under
this title. Any such transfer of property shall be for such term and
upon such terms and conditions, subject to the rights of bondholders, as
the authority and such municipality may agree, including provision for
the authority to assume the primary responsibility for the payment of
any bonds or notes issued by such municipality for such property.
3. Notwithstanding the provisions of any other law, general, special
or local to the contrary, real property acquired by the authority or any
municipality from the state may be used for any corporate purpose of the
authority.
4. One or more [municipality] MUNICIPALITIES and/or the authority
shall have the power to contract, from time to time, between or among
themselves, [in relation to the auditorium] which contracts may include
any or all of the following provisions: (i) requiring the use by any
municipality of the auditorium; (ii) limiting the right, including a
prohibition, of any municipality to construct a facility which will
serve the same, or substantially the same, function as the auditorium;
(iii) requiring the authority to reserve time in the auditorium to
assure the availability to any municipality of a specified use of the
auditorium; (iv) providing for specified minimum periodic payments by a
municipality to the authority, whether or not the auditorium is actually
used by the municipality, subject to such limitations, exceptions and
provisions therein, and (v) requiring any municipality to pay to the
authority such amounts as shall be necessary to assure the continued
operation of the authority. All such payments shall be determined and
paid in such manner and at such times as may be provided in such
contracts.
5. Any gift, grant, sale, conveyance, loan, contract or lease author-
ized by this section may be made or entered into by any municipality
and/or the authority without a public hearing being first held therein
and no such gift, grant, sale, conveyance, loan, contract or lease shall
be subject to referendum, permissive or otherwise.
[6. Notwithstanding the provisions of any law, general, special or
local, or charter provision to the contrary, the city, by the affirma-
tive vote of not less than a majority of the entire voting strength of
the board of estimate of said city, may sell or transfer, by deed, lease
or other arrangement, to the authority the auditorium. Any such agree-
ment of sale or transfer shall be upon such terms and conditions as the
governing body of said city and the authority may agree.]
§ 8. Subdivisions 1, 2 and 5 of section 1945 of the public authorities
law, as added by chapter 130 of the laws of 1996, are amended to read as
follows:
1. The authority shall have the power and is hereby authorized from
time to time to issue bonds, notes or other obligations to pay the costs
[of the auditorium or] for any [other] corporate purpose, including the
establishment of reserves to secure the bonds, the payment of principal
S. 8306--B 9
of, premium, if any, and interest on the bonds and the payment of inci-
dental expenses in connection therewith. [The aggregate principal amount
of such bonds, notes or other obligations shall not exceed two million
dollars ($2,000,000), excluding bonds, notes or other obligations issued
to refund or otherwise repay bonds, notes or other obligations thereto-
fore issued for such purposes; provided, however, that upon any such
refunding or repayment the total aggregate principal amount of outstand-
ing bonds, notes or other obligations may be greater than two million
dollars ($2,000,000) only if the present value of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
to be issued shall not exceed the present value of the aggregate debt
service of the bonds, notes or other obligations so to be refunded or
repaid. For purposes hereof, the present values of the aggregate debt
service of the refunding or repayment bonds, notes or other obligations
and of the aggregate debt service of the bonds, notes or other obli-
gations so refunded or repaid, shall be calculated by utilizing the
effective interest rate of the refunding or repayment bonds, notes or
other obligations, which shall be that rate arrived at by doubling the
semi-annual interest rate (compounded semi-annually) necessary to
discount the debt service payments on the refunding or repayment bonds,
notes or other obligations from the payment dates thereof to the date of
issue of the refunding or repayment bonds, notes or other obligations
and to the price bid including estimated accrued interest or proceeds
received by the authority including estimated accrued interest from the
sale thereof.] The authority shall have power and is hereby authorized
to enter into such agreements and perform such acts as may be required
under any applicable federal legislation to secure a federal guarantee
of any bonds.
2. The authority shall have power from time to time to renew bonds or
to issue renewal bonds for such purpose, to issue bonds to pay bonds,
and, whenever it deems refunding expedient, to refund any bond by the
issuance of new bonds, whether the bonds to be refunded have or have not
matured, and may issue bonds partly to refund bonds then outstanding and
partly for any other corporate purpose of the authority. [Bonds (other
than notes or other evidence of indebtedness) issued for refunding
purposes, which have a final maturity date longer than the maturity of
the bonds being refunded, shall be approved by a resolution of the coun-
ty legislature adopted by a majority vote and approved by the county
executive.] Bonds issued for refunding purposes shall be sold and the
proceeds applied to the purchase, redemption or payment of the bonds or
notes to be refunded.
5. Any resolution or resolutions authorizing bonds or any issue of
bonds may contain provisions which may be a part of the contract with
the holders of the bonds thereby authorized as to: (a) pledging all or
part of the revenues, other monies or property of the authority to
secure the payment of the bonds, or any costs of issuance thereof,
including but not limited to any contracts, earnings or proceeds of any
grant to the authority received from any private or public source
subject to such agreements with bond holders as may then exist;
(b) the setting aside of reserves and the creation of sinking funds
and the regulation and disposition thereof;
(c) limitations on the purpose to which the proceeds from the sale of
bonds may be applied;
(d) the rates, rents, fees and other charges to be fixed and collected
by the authority and the amount to be raised in each year thereby and
the use and disposition of revenues;
S. 8306--B 10
(e) limitations on the right of the authority to restrict and regulate
the use of [the auditorium] ITS PROPERTIES, FACILITIES, PROGRAMS or
[part] PARTS thereof in connection with which bonds are issued;
(f) limitations on the issuance of additional bonds, the terms upon
which additional bonds may be issued and secured and the refunding of
outstanding or other bonds;
(g) the procedure, if any, by which the terms of any contract with
bond holders may be amended or abrogated, the amount of bonds the hold-
ers of which must consent thereto, and the manner in which such consent
may be given;
(h) the creation of special funds into which any revenues or monies
may be deposited;
(i) the terms and provisions of any trust, mortgage, deed or indenture
securing the bonds under which the bond may be issued;
(j) vesting in a trustee or trustees such properties, rights, powers
and duties in trust as the authority may determine which may include any
or all of the rights, powers and duties of the trustees appointed by the
bond holders to appoint a trustee pursuant to this title or limiting the
rights, duties and powers of such trustee;
(k) defining the acts or omissions to act which may constitute a
default in the obligations and duties of the authority to the bond hold-
ers and providing for the rights and remedies of the bond holders in the
event of such default, including as a matter of right, appointment of a
receiver, provided, however, that such rights and remedies shall not be
inconsistent with the general laws of the state and other provisions of
this title;
(l) limitations on the power of the authority to sell or otherwise
dispose of [the auditorium] ANY OF ITS PROPERTIES, FACILITIES, STRUC-
TURES OR OTHER ASSETS or any part thereof;
(m) limitations on the amount of revenues and other monies to be
expended for operating, administrative or other expenses of the authori-
ty;
(n) the payment of the proceeds of bonds, revenues and other monies to
a trustee or other depository, and for the method of disbursement there-
of with such safeguards and restrictions as the authority may determine;
and
(o) any other matters of like or different character which in any way
affect the security or protection of the bonds or the rights and reme-
dies of bondholders.
§ 9. Section 1947 of the public authorities law, as added by chapter
130 of the laws of 1996, is amended to read as follows:
§ 1947. State or municipality not liable on authority bonds. Neither
the state, THE COUNTY nor any OTHER municipality shall be liable on the
bonds of the authority and such bonds shall not be a debt of either the
state, THE COUNTY or any OTHER municipality, and each such bond shall
contain, on the face thereof, a statement to such effect.
§ 10. Section 1949-a of the public authorities law, as added by chap-
ter 130 of the laws of 1996, is amended to read as follows:
§ 1949-a. Agreement with state. The state does hereby pledge to and
agree with the holders of any bonds issued by the authority pursuant to
this title and with those persons or public corporations who may enter
into contracts with the authority pursuant to the provisions of this
title that the state will not alter, limit or impair the rights hereby
vested in the authority to purchase, construct, own and operate, main-
tain, repair, improve, reconstruct, renovate, rehabilitate, enlarge,
increase and extend, or dispose of [the auditorium] ANY OF THE AUTHORI-
S. 8306--B 11
TY'S PROPERTIES, FACILITIES, STRUCTURES, PROGRAMS OR OTHER ASSETS, or
any part or parts thereof for which bonds of the authority shall have
been issued, to establish and collect rates, rents, fees and other
charges referred to in this title, to fulfill the terms of any contracts
or agreements made with or for the benefit of the holders of bonds or
with any person or public corporation with reference to such project or
part thereof, or in any way to impair the rights and remedies of the
holders of bonds, until the bonds, together with interest thereon,
including interest on any unpaid installments of interest, and all costs
and expenses in connection with any action or proceeding by or on behalf
of the holders of bonds, are fully met and discharged and such contracts
are fully performed on the part of the authority. The authority is
authorized to include this pledge and agreement of the state in any
agreement with the holders of bonds.
§ 11. Section 1949-d of the public authorities law, as added by chap-
ter 130 of the laws of 1996, is amended to read as follows:
§ 1949-d. Contracts. [All contracts for construction shall be let by
the authority in conformity with the applicable provisions of section
one hundred thirty-five of the state finance law and shall be let in
accordance with the provisions of state law pertaining to prevailing
wages, labor standards and working hours.
The authority may, in its discretion, assign contracts for supervision
and coordination to the successful bidder for any subdivision of work
for which the authority receives bids. The authority shall not award any
construction contract except to the lowest bidder who, in its opinion,
is qualified to perform the work required and who is responsible and
reliable. The authority may, however, reject any or all bids or waive
any informality in a bid if it believes that the public interest will be
promoted thereby. The authority may reject any bid if, in its judgment,
the business and technical organization, plant, resources, financial
standing, or experience of the bidder justifies such rejection in view
of the work to be performed.] 1. NOTWITHSTANDING SECTION ONE HUNDRED
THREE OF THE GENERAL MUNICIPAL LAW OR THE PROVISIONS OF ANY OTHER LAW,
IN CONFORMITY WITH THE REQUIREMENTS OF THIS SECTION, AND ONLY WHEN A
PROJECT LABOR AGREEMENT IS PERFORMED, THE AUTHORITY MAY UTILIZE THE
ALTERNATIVE DELIVERY METHOD REFERRED TO AS A DESIGN-BUILD CONTRACT FOR A
MULTI-USE SPORTS COMPLEX LOCATED WITHIN THE AREA IN THE CITY OF UTICA
BOUNDED ON THE NORTH BY THE SOUTHERLY BOUNDARY OF WHITESBORO STREET, ON
THE SOUTH BY THE NORTHERLY BOUNDARY OF ORISKANY STREET WEST, ON THE EAST
BY THE WESTERLY BOUNDARY OF BROADWAY AND ON THE WEST BY THE WESTERLY
BOUNDARY OF CHARLES STREET. THE AUTHORITY SHALL ENSURE THAT ITS PROCURE-
MENT RECORD REFLECTS THE DESIGN-BUILD CONTRACT PROCESS AUTHORIZED BY
THIS SECTION.
2. AN ENTITY SELECTED BY THE AUTHORITY TO ENTER INTO A DESIGN-BUILD
CONTRACT SHALL BE SELECTED THROUGH A TWO-STEP PROCESS, AS FOLLOWS:
(A) THE GENERATION OF A LIST OF ENTITIES THAT HAVE DEMONSTRATED THE
GENERAL CAPABILITY TO PERFORM DESIGN-BUILD CONTRACTS. SUCH LIST SHALL
CONSIST OF A SPECIFIED NUMBER OF ENTITIES, AS DETERMINED BY THE AUTHORI-
TY, AND SHALL BE GENERATED BASED UPON THE AUTHORITY'S REVIEW OF
RESPONSES TO PUBLICLY ADVERTISED REQUESTS FOR QUALIFICATIONS. THE
AUTHORITY'S REQUEST FOR QUALIFICATIONS SHALL INCLUDE A GENERAL
DESCRIPTION OF THE WORK TO BE PERFORMED, THE MAXIMUM NUMBER OF ENTITIES
TO BE INCLUDED ON THE LIST AND THE SELECTION CRITERIA TO BE USED IN
GENERATING THE LIST. SUCH SELECTION CRITERIA SHALL INCLUDE: (I) THE
QUALIFICATIONS AND EXPERIENCE OF THE DESIGN AND CONSTRUCTION TEAM,
ORGANIZATION, DEMONSTRATED RESPONSIBILITY, ABILITY OF THE TEAM OR OF A
S. 8306--B 12
MEMBER OR MEMBERS OF THE TEAM TO COMPLY WITH APPLICABLE REQUIREMENTS,
INCLUDING THE PROVISIONS OF ARTICLES ONE HUNDRED FORTY-FIVE, ONE HUNDRED
FORTY-SEVEN AND ONE HUNDRED FORTY-EIGHT OF THE EDUCATION LAW; (II) PAST
RECORD OF COMPLIANCE WITH THE LABOR LAW INCLUDING PREVAILING WAGE
REQUIREMENTS UNDER STATE AND FEDERAL LAW; (III) THE PAST RECORD OF
COMPLIANCE WITH EXISTING LABOR STANDARDS AND MAINTAINING HARMONIOUS
LABOR RELATIONS; (IV) THE RECORD OF PROTECTING THE HEALTH AND SAFETY OF
WORKERS ON PUBLIC WORKS PROJECTS AND JOB SITES AS DEMONSTRATED BY THE
EXPERIENCE MODIFICATION RATE FOR EACH OF THE LAST THREE YEARS; (V) THE
PROSPECTIVE BIDDER'S ABILITY TO UNDERTAKE THE PARTICULAR TYPE AND
COMPLEXITY OF WORK; (VI) THE FINANCIAL CAPABILITY, RESPONSIBILITY AND
RELIABILITY OF THE PROSPECTIVE BIDDER FOR SUCH TYPE AND COMPLEXITY OF
WORK; (VII) THE PROSPECTIVE BIDDER'S COMPLIANCE WITH EQUAL EMPLOYMENT
OPPORTUNITY REQUIREMENTS AND ANTI-DISCRIMINATION LAWS, AND DEMONSTRATED
COMMITMENT TO WORKING WITH MINORITY AND WOMEN-OWNED BUSINESSES THROUGH
JOINT VENTURES OR SUBCONTRACTOR RELATIONSHIPS; (VIII) WHETHER OR NOT THE
PROSPECTIVE BIDDER OR A PERSON OR ENTITY WITH AN INTEREST OF AT LEAST
TEN PER CENTUM IN THE PROSPECTIVE BIDDER, IS DEBARRED FOR HAVING DISRE-
GARDED OBLIGATIONS TO EMPLOYEES UNDER THE DAVIS BACON ACT PURSUANT TO 40
USC 3144 AND 29 CFR 5.12; (IX) ANY OTHER SUCH QUALIFICATIONS THE AUTHOR-
ITY DEEMS APPROPRIATE WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED TO,
PROJECT UNDERSTANDING, FINANCIAL CAPABILITY AND RECORD OF PAST PERFORM-
ANCE. THE AUTHORITY SHALL EVALUATE AND RATE ALL ENTITIES RESPONDING TO
THE REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE AUTHORITY
SHALL LIST THE ENTITIES THAT SHALL RECEIVE A REQUEST FOR PROPOSALS IN
ACCORDANCE WITH SUBDIVISION THREE OF THIS SECTION. TO THE EXTENT
CONSISTENT WITH APPLICABLE FEDERAL LAW, THE AUTHORITY SHALL CONSIDER,
WHEN AWARDING ANY CONTRACT PURSUANT TO THIS SECTION, THE PARTICIPATION
OF FIRMS CERTIFIED PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW AS
MINORITY OR WOMEN-OWNED BUSINESSES AND THE ABILITY OF OTHER BUSINESSES
UNDER CONSIDERATION TO WORK WITH MINORITY AND WOMEN-OWNED BUSINESSES SO
AS TO PROMOTE AND ASSIST PARTICIPATION BY SUCH BUSINESSES AND SMALL
BUSINESS CONCERNS IDENTIFIED PURSUANT TO SUBDIVISION (B) OF SECTION ONE
HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW;
(B) THE SELECTION OF THE PROPOSAL WHICH IS THE BEST VALUE TO THE
AUTHORITY. THE AUTHORITY SHALL ISSUE A REQUEST FOR PROPOSALS FOR THE
WORK TO BE PERFORMED TO THE ENTITIES LISTED PURSUANT TO PARAGRAPH (A) OF
THIS SUBDIVISION. IF SUCH AN ENTITY CONSISTS OF A TEAM OF SEPARATE ENTI-
TIES, THE ENTITIES THAT COMPRISE SUCH A TEAM MUST REMAIN UNCHANGED FROM
THE ENTITY AS LISTED PURSUANT TO PARAGRAPH (A) OF THIS SUBDIVISION
UNLESS OTHERWISE APPROVED BY THE AUTHORITY. THE REQUEST FOR PROPOSALS
FOR A PROJECT SHALL SET FORTH THE PROJECT'S SCOPE OF WORK, AND OTHER
REQUIREMENTS, AS DETERMINED BY THE AUTHORITY. THE REQUEST FOR PROPOSALS
SHALL SPECIFY THE CRITERIA TO BE USED TO EVALUATE THE RESPONSES AND THE
RELATIVE WEIGHT OF EACH SUCH CRITERIA. SUCH CRITERIA SHALL INCLUDE THE
PROPOSAL'S COST, THE QUALITY OF THE PROPOSAL'S SOLUTION, THE QUALIFICA-
TIONS AND EXPERIENCE OF THE DESIGN-BUILD ENTITY AND OTHER FACTORS DEEMED
PERTINENT BY THE AUTHORITY WHICH MAY INCLUDE, BUT SHALL NOT BE LIMITED
TO, THE PROPOSAL'S PROJECT IMPLEMENTATION, THE ABILITY TO COMPLETE THE
WORK IN A TIMELY AND SATISFACTORY MANNER, MAINTENANCE COSTS OF THE
COMPLETED PROJECT, MAINTENANCE OF TRAFFIC APPROACH AND COMMUNITY IMPACT.
ANY CONTRACT AWARDED PURSUANT TO THIS ACT SHALL BE AWARDED TO A RESPON-
SIVE AND RESPONSIBLE ENTITY THAT SUBMITS THE PROPOSAL WHICH, IN CONSID-
ERATION OF THESE AND OTHER SPECIFIED CRITERIA DEEMED PERTINENT, OFFERS
THE BEST VALUE TO THE AUTHORITY, AS DETERMINED BY THE AUTHORITY. NOTHING
S. 8306--B 13
IN THIS ACT SHALL BE CONSTRUED TO PROHIBIT THE AUTHORITY FROM NEGOTIAT-
ING FINAL CONTRACT TERMS AND CONDITIONS INCLUDING COST.
3. NOTWITHSTANDING THE PROVISIONS OF THIS SECTION, WHEN ANY PERSON OR
ENTITY IS DEBARRED FOR HAVING DISREGARDED OBLIGATIONS TO EMPLOYEES UNDER
THE DAVIS-BACON ACT PURSUANT TO 40 USC 3144 AND 29 CFR 5.12, SUCH PERSON
OR ENTITY, AND ANY FIRM, CORPORATION, PARTNERSHIP OR ASSOCIATION IN
WHICH THE PERSON OR ENTITY OWNS OR CONTROLS AT LEAST TEN PER CENTUM OF,
SHALL BE INELIGIBLE TO SUBMIT A BID ON OR BE AWARDED ANY CONTRACT
AUTHORIZED BY THIS SECTION WHILE THE NAME OF THE PERSON OR ENTITY IS
PUBLISHED IN THE LIST OF DEBARRED CONTRACTORS PURSUANT TO 40 USC 3144.
THE DEPARTMENT OF LABOR SHALL NOTIFY THE PERSON OR ENTITY IMMEDIATELY OF
SUCH INELIGIBILITY AND SUCH PERSON OR ENTITY SHALL BE AFFORDED THE
OPPORTUNITY TO APPEAL TO THE DEPARTMENT OF LABOR.
4. ANY CONTRACT ENTERED INTO PURSUANT TO THIS SECTION SHALL INCLUDE A
CLAUSE REQUIRING THAT ANY PROFESSIONAL SERVICES REGULATED BY ARTICLES
ONE HUNDRED FORTY-FIVE, ONE HUNDRED FORTY-SEVEN AND ONE HUNDRED FORTY-
EIGHT OF THE EDUCATION LAW SHALL BE PERFORMED AND STAMPED AND SEALED,
WHERE APPROPRIATE, BY A PROFESSIONAL LICENSED IN ACCORDANCE WITH SUCH
ARTICLES.
5. THE CONSTRUCTION, DEMOLITION, RECONSTRUCTION, EXCAVATION, REHABILI-
TATION, REPAIR, RENOVATION OF A PROJECT UNDERTAKEN BY THE AUTHORITY
PURSUANT TO THIS SECTION SHALL BE DEEMED A "PUBLIC WORK" TO BE PERFORMED
IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE EIGHT OF THE LABOR LAW, AS
WELL AS SUBJECT TO SECTIONS TWO HUNDRED, TWO HUNDRED FORTY, TWO HUNDRED
FORTY-ONE AND TWO HUNDRED FORTY-TWO OF THE LABOR LAW AND ENFORCEMENT OF
PREVAILING WAGE REQUIREMENTS BY THE NEW YORK STATE DEPARTMENT OF LABOR.
6. A PROJECT LABOR AGREEMENT SHALL BE INCLUDED IN THE REQUEST FOR
PROPOSALS FOR A PROJECT, PROVIDED THAT, BASED UPON A STUDY DONE BY OR
FOR THE AUTHORITY, THE AUTHORITY DETERMINES THAT ITS INTEREST IN OBTAIN-
ING THE BEST WORK AT THE LOWEST POSSIBLE PRICE, PREVENTING FAVORITISM,
FRAUD AND CORRUPTION, AND OTHER CONSIDERATIONS SUCH AS THE IMPACT OF
DELAY, THE POSSIBILITY OF COST SAVINGS ADVANTAGES, AND ANY LOCAL HISTORY
OF LABOR UNREST, ARE BEST MET BY REQUIRING A PROJECT LABOR AGREEMENT.
THE AUTHORITY SHALL CONDUCT SUCH A STUDY AND THE PROJECT LABOR AGREEMENT
SHALL BE PERFORMED CONSISTENT WITH THE PROVISIONS OF SECTION TWO HUNDRED
TWENTY-TWO OF THE LABOR LAW. IF A PROJECT LABOR AGREEMENT IS NOT
PERFORMED ON A PROJECT THE AUTHORITY SHALL NOT UTILIZE A DESIGN-BUILD
CONTRACT FOR SUCH PROJECT AND SECTIONS ONE HUNDRED ONE AND ONE HUNDRED
THREE OF THE GENERAL MUNICIPAL LAW SHALL APPLY TO SUCH PROJECT.
7. EACH CONTRACT ENTERED INTO BY THE AUTHORITY PURSUANT TO THIS
SECTION SHALL COMPLY, WHENEVER PRACTICAL, WITH THE OBJECTIVES AND GOALS
OF MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO ARTICLE
FIFTEEN-A OF THE EXECUTIVE LAW OR, IF THE PROJECT RECEIVES FEDERAL AID,
SHALL COMPLY WITH APPLICABLE FEDERAL REQUIREMENTS FOR DISADVANTAGED
BUSINESS ENTERPRISES.
8. ANY PROJECT UNDERTAKEN BY THE AUTHORITY PURSUANT TO THIS SECTION
SHALL BE SUBJECT TO THE REQUIREMENTS OF ARTICLE EIGHT OF THE ENVIRON-
MENTAL CONSERVATION LAW, AND, WHERE APPLICABLE, THE REQUIREMENTS OF THE
NATIONAL ENVIRONMENTAL POLICY ACT.
9. IF OTHERWISE APPLICABLE, A PROJECT UNDERTAKEN BY THE AUTHORITY
PURSUANT TO THIS SECTION SHALL BE GOVERNED BY THE GENERAL MUNICIPAL LAW.
10. THE SUBMISSION OF A PROPOSAL OR RESPONSES OR THE EXECUTION OF A
DESIGN-BUILD CONTRACT PURSUANT TO THIS SECTION SHALL NOT BE CONSTRUED TO
BE A VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE OF THE EDUCATION
LAW.
S. 8306--B 14
11. NOTHING CONTAINED IN THIS SECTION SHALL LIMIT THE RIGHT OR OBLI-
GATION OF THE AUTHORITY TO COMPLY WITH THE PROVISIONS OF ANY EXISTING
CONTRACT, INCLUDING ANY EXISTING CONTRACT WITH OR FOR THE BENEFIT OF THE
HOLDERS OF THE OBLIGATIONS OF THE AUTHORITY, OR TO AWARD CONTRACTS AS
OTHERWISE PROVIDED BY LAW.
§ 12. Sections 1949-i, 1949-j, and 1949-k of the public authorities
law are renumbered sections 1949-j, 1949-k, and 1949-l and a new section
1949-i is added to read as follows:
§ 1949-I. EMPLOYEES OF THE ONEIDA COUNTY ARTS, CULTURE AND ENTER-
TAINMENT AUTHORITY. 1. NOTWITHSTANDING ANY PROVISION OF LAW TO THE
CONTRARY, ALL RIGHTS OR BENEFITS, INCLUDING TERMS AND CONDITIONS OF
EMPLOYMENT, AND PROTECTION OF CIVIL SERVICE AND COLLECTIVE BARGAINING
STATUS OF ALL EMPLOYEES OF THE ONEIDA COUNTY ARTS, CULTURE AND ENTER-
TAINMENT AUTHORITY SHALL BE PRESERVED AND PROTECTED.
2. NOTHING IN THIS TITLE SHALL RESULT IN THE: (A) DISPLACEMENT OF ANY
CURRENTLY EMPLOYED WORKER OR LOSS OF POSITION (INCLUDING PARTIAL
DISPLACEMENT SUCH AS A REDUCTION IN THE HOURS OF NON-OVERTIME WORK,
WAGES OR EMPLOYMENT BENEFITS), OR RESULT IN THE IMPAIRMENT OF EXISTING
COLLECTIVE BARGAINING AGREEMENTS; OR (B) TRANSFER OF EXISTING DUTIES AND
FUNCTIONS RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY
EXISTING EMPLOYEES OF THE ONEIDA COUNTY ARTS, CULTURE AND ENTERTAINMENT
AUTHORITY TO A CONTRACTING ENTITY.
3. EMPLOYEES OF THE ONEIDA COUNTY ARTS, CULTURE AND ENTERTAINMENT
AUTHORITY USING DESIGN-BUILD CONTRACTS SERVING IN POSITIONS IN NEWLY
CREATED TITLES SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT.
NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO AFFECT: (A) THE
EXISTING RIGHTS OF EMPLOYEES OF SUCH ENTITIES PURSUANT TO AN EXISTING
COLLECTIVE BARGAINING AGREEMENT, (B) THE EXISTING REPRESENTATIONAL
RELATIONSHIPS AMONG EMPLOYEE ORGANIZATIONS REPRESENTING EMPLOYEES OF
SUCH ENTITIES, OR (C) THE BARGAINING RELATIONSHIPS BETWEEN SUCH ENTITIES
AND SUCH EMPLOYEE ORGANIZATIONS.
§ 13. This act shall take effect immediately and shall apply to all
contracts and agreements entered into on and after such date.
