S. 6672 2
in such form and contain such combination of work or trades and such
terms and provisions as may be deemed advisable by the authority. All
such contracts, except contracts for the purchase of materials or
supplies, in excess of fifty thousand dollars shall be made on sealed
bids, in compliance with a public notice advertised at least once, not
less than twenty days before the date set for the receipt of bids, in
the official publication of the municipality, or if none exists, in a
newspaper circulating in the municipality; PROVIDED, HOWEVER, THAT SUCH
NOTICE REQUIREMENT SHALL NOT APPLY IN CASES WHERE AN ALTERNATIVE PROJECT
DELIVERY CONTRACT IS AUTHORIZED AND UTILIZED PURSUANT TO SUBDIVISION SIX
OF THIS SECTION, AND SUCH UTILIZATION IS IN COMPLIANCE WITH THE CONDI-
TIONS AND REQUIREMENTS SET FORTH IN SUBDIVISION SEVEN OF THIS SECTION OR
ANY OTHER APPLICABLE PROVISION OF LAW. With respect to contracts for the
purchase of materials or supplies in excess of twenty-five thousand
dollars, the period of advertisement shall be not less than ten days
before the date set for the receipt of bids. If the authority shall deem
it to its best interest or necessary or desirable to effectuate the
purposes of this chapter or the economy and efficiency in construction
and operation of a project, the authority by majority vote of its
members may either reject all bids or readvertise for bids or by unani-
mous vote of its members may accept a bid other than the lowest bid. In
any such contract there may be inserted in the discretion of the author-
ity, a provision that additional work may be done or materials and
supplies furnished or that work or materials may be omitted for the
purpose of completing such contract in accordance with any changes,
omissions or additions in the specifications of any such contract. Each
contract shall provide that in the case of default by the contractor the
authority may adopt on behalf of the authority all subcontracts made by
such contractor and all such subcontractors shall be bound by such
adoption if made, and the authority may relet, with or without public
advertisement, the work specified in the original contract, exclusive of
so much thereof as shall be provided in any subcontracts so adopted. An
authority may make rules and regulations governing the qualifications of
bidders, the submission of combined bids by two or more contractors, the
award and execution of the contract, security, if any, for execution and
performance of the contract, and any other matters relating to the
contract. The bidding may be restricted to those who shall have quali-
fied prior to the receipt of bids according to standards fixed by the
authority, provided that notice or notices for the submission of quali-
fications shall be published in the official publication of the munici-
pality, or if none exists, in a newspaper circulating in the munici-
pality, at least once, not less than ten days prior to the date fixed
for the filing of qualifications. Nothing in this section shall be
construed to limit the power of the authority to carry out a project or
any part thereof directly by the officers, agencies and employees of the
authority, or by any government, or to purchase or acquire materials or
supplies through the purchasing officer, department or agency of a
government.
7. (A) NOTWITHSTANDING ANY PROVISION OF LAW TO THE CONTRARY, INCLUDING
BUT NOT LIMITED TO SECTION SEVENTY-TWO HUNDRED TEN OF THE EDUCATION LAW,
AND IN COMPLIANCE WITH THE REQUIREMENTS OF THIS ARTICLE, THE AUTHORITY
MAY USE AN ALTERNATIVE PROJECT DELIVERY CONTRACT FOR ANY PUBLIC WORK
UNDERTAKEN PURSUANT TO A PROJECT LABOR AGREEMENT, PROVIDED THAT THE
AUTHORITY SHALL ADVERTISE A REQUEST FOR QUALIFICATION IN ACCORDANCE WITH
THIS SECTION.
S. 6672 3
(B) A CONTRACTOR SELECTED BY THE AUTHORITY TO ENTER INTO AN ALTERNA-
TIVE PROJECT DELIVERY CONTRACT SHALL BE SELECTED THROUGH THE FOLLOWING
TWO-STEP METHOD:
(I) (A) THE FIRST STEP SHALL BE THE GENERATION OF A LIST OF RESPONDING
ENTITIES THAT HAVE DEMONSTRATED THE GENERAL CAPABILITY TO PERFORM THE
ALTERNATIVE PROJECT DELIVERY CONTRACT. SUCH LIST SHALL CONSIST OF A
SPECIFIED NUMBER OF RESPONDING ENTITIES, AS DETERMINED BY THE AUTHORITY,
AND SHALL BE GENERATED BASED UPON THE AUTHORITY'S REVIEW OF RESPONSES TO
A PUBLICLY ADVERTISED REQUEST FOR QUALIFICATIONS. SUCH REQUEST FOR QUAL-
IFICATIONS SHALL INCLUDE A GENERAL DESCRIPTION OF THE PUBLIC WORK, THE
MAXIMUM NUMBER OF RESPONDING ENTITIES TO BE INCLUDED ON SUCH LIST, THE
SELECTION CRITERIA TO BE USED, AND THE RELATIVE WEIGHT OF EACH CRITERION
IN GENERATING SUCH LIST. SUCH SELECTION CRITERIA SHALL INCLUDE:
(1) THE QUALIFICATIONS AND EXPERIENCE OF THE ENTITY OR TEAM OF ENTI-
TIES;
(2) DEMONSTRATED RESPONSIBILITY OF THE ENTITY OR TEAM OF ENTITIES;
(3) THE ABILITY OF THE ENTITY, OR TEAM OF ENTITIES, OR OF A MEMBER OR
MEMBERS OF SUCH ENTITY OR TEAM OF ENTITIES, 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 EDUCA-
TION LAW;
(4) THE ENTITY'S OR TEAM OF ENTITIES' PAST RECORD OF COMPLIANCE WITH
THE LABOR LAW;
(5) SUCH OTHER QUALIFICATIONS AS THE AUTHORITY DEEMS APPROPRIATE,
WHICH MAY INCLUDE BUT SHALL NOT BE LIMITED TO THE PROJECT UNDERSTANDING,
FINANCIAL CAPABILITY, AND RECORD OF PAST PERFORMANCE OF THE ENTITY OR
TEAM OF ENTITIES; AND
(6) PRIOR PROJECTS COMPLETED BY THE CONTRACTOR THAT DEMONSTRATE POTEN-
TIAL FOR BETTERMENT OR ENHANCEMENT BEYOND THE INITIAL SCOPE SHALL
RECEIVE HIGH EVALUATION SCORES, PROMOTING INNOVATION, VALUE, AND CONTIN-
UOUS IMPROVEMENT.
(B) THE AUTHORITY SHALL EVALUATE AND RATE ALL RESPONDING ENTITIES TO
THE REQUEST FOR QUALIFICATIONS. BASED UPON SUCH RATINGS, THE AUTHORITY
SHALL LIST THE RESPONDING ENTITIES THAT SHALL RECEIVE A REQUEST FOR
PROPOSALS IN ACCORDANCE WITH SUBPARAGRAPH (II) OF THIS PARAGRAPH. TO THE
EXTENT CONSISTENT WITH APPLICABLE FEDERAL LAW, THE AUTHORITY, WHEN
AWARDING ANY CONTRACT PURSUANT TO THIS SECTION, SHALL CONSIDER:
(1) RESPONDING ENTITIES THAT ARE CERTIFIED AS MINORITY OR WOMEN-OWNED
BUSINESS ENTERPRISES PURSUANT TO ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW,
OR CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO
LOCAL LAW;
(2) SMALL BUSINESS CONCERNS IDENTIFIED PURSUANT TO SUBDIVISION (B) OF
SECTION ONE HUNDRED THIRTY-NINE-G OF THE STATE FINANCE LAW; AND
(3) BUSINESS CONCERNS THAT PROVIDE ECONOMIC OPPORTUNITIES FOR LOW AND
VERY LOW-INCOME PERSONS PURSUANT TO SECTION THREE OF THE FEDERAL HOUSING
AND URBAN DEVELOPMENT ACT OF NINETEEN HUNDRED SIXTY-EIGHT, AS AMENDED,
OR ANY SUCCESSOR PROVISION.
(C) NOTHING IN THIS SUBPARAGRAPH SHALL BE DEEMED TO SUPERSEDE ANY
PREQUALIFICATION POLICIES ADOPTED BY THE AUTHORITY PURSUANT TO SUBDIVI-
SION ONE OF THIS SECTION.
(II) (A) THE SECOND STEP SHALL BE THE SELECTION OF THE PROPOSAL WHICH
IS THE BEST VALUE TO THE AUTHORITY. THE AUTHORITY SHALL ISSUE A REQUEST
FOR PROPOSALS TO THE RESPONDING ENTITIES LISTED PURSUANT TO SUBPARAGRAPH
(I) OF THIS PARAGRAPH. IF SUCH A RESPONDING ENTITY CONSISTS OF A TEAM OF
SEPARATE ENTITIES, THE ENTITIES THAT COMPRISE SUCH A TEAM SHALL NOT
CHANGE FROM SUCH RESPONDING ENTITY AS LISTED PURSUANT TO SUBPARAGRAPH
S. 6672 4
ONE OF THIS PARAGRAPH UNLESS OTHERWISE APPROVED BY THE AUTHORITY. THE
REQUEST FOR PROPOSALS SHALL SET FORTH THE PUBLIC WORK'S SCOPE OF WORK,
AND OTHER REQUIREMENTS, AS DETERMINED BY THE AUTHORITY, WHICH MAY
INCLUDE GOALS FOR WORK UNDER THE CONTRACT TO BE PERFORMED BY BUSINESSES
CERTIFIED AS MINORITY OR WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO
ARTICLE FIFTEEN-A OF THE EXECUTIVE LAW, OR AS MINORITY OR WOMEN-OWNED
BUSINESS ENTERPRISES PURSUANT TO LOCAL LAW, OR GOALS ESTABLISHED PURSU-
ANT TO SECTION THREE OF THE FEDERAL HOUSING AND URBAN DEVELOPMENT ACT OF
NINETEEN HUNDRED SIXTY-EIGHT, AS AMENDED, OR ANY SUCCESSOR PROVISION, IF
APPLICABLE. THE REQUEST FOR PROPOSALS SHALL ALSO SPECIFY THE CRITERIA
TO BE USED TO EVALUATE THE RESPONSES AND THE RELATIVE WEIGHT OF EACH OF
SUCH CRITERIA, AND INCLUDE A STATEMENT THAT PROPOSERS SHALL DESIGNATE IN
WRITING THOSE PORTIONS OF THE PROPOSAL THAT CONTAIN TRADE SECRETS OR
OTHER PROPRIETARY INFORMATION THAT ARE TO REMAIN CONFIDENTIAL, SUCH THAT
THE MATERIAL DESIGNATED AS CONFIDENTIAL SHALL BE READILY SEPARABLE FROM
THE PROPOSAL. SUCH CRITERIA SHALL INCLUDE:
(1) THE QUALITY OF THE PROPOSAL'S SOLUTION;
(2) THE QUALIFICATIONS AND EXPERIENCE OF THE PROPOSER;
(3) THE PROPOSAL'S COST, WHICH MAY INCLUDE FACTORS THAT MAY BE CONSID-
ERED INDIVIDUALLY OR IN THE AGGREGATE, SUCH AS THE PROPOSED COST OF
DESIGN PHASE WORK, THE PROPOSED COST OF CONSTRUCTION PHASE WORK, OR COST
FACTORS RELATING TO CONSTRUCTION PHASE WORK, AS APPLICABLE; AND
(4) OTHER FACTORS DEEMED ADVISABLE BY THE AUTHORITY, WHICH MAY
INCLUDE, BUT SHALL NOT BE LIMITED TO, THE PROPOSAL'S MANNER AND SCHEDULE
OF PROJECT IMPLEMENTATION, THE PROPOSER'S ABILITY TO COMPLETE THE WORK
IN A TIMELY AND SATISFACTORY MANNER, MAINTENANCE COSTS OF THE COMPLETED
PUBLIC WORK, MAINTENANCE OF TRAFFIC APPROACH, AND COMMUNITY IMPACT.
(B) THE AUTHORITY MAY ENGAGE IN NEGOTIATIONS OR OTHER DISCUSSIONS WITH
ALL QUALIFIED VENDORS THAT HAVE EXPRESSED INTEREST; PROVIDED THAT THE
AUTHORITY MAINTAINS A WRITTEN RECORD OF THE CONDUCT OF NEGOTIATIONS OR
DISCUSSIONS AND THE BASIS FOR EVERY DETERMINATION TO CONTINUE OR SUSPEND
NEGOTIATIONS; AND PROVIDED, FURTHER, THAT IF THE AUTHORITY DETERMINES
FOR A PARTICULAR CONTRACT OR FOR A PARTICULAR TYPE OF CONTRACT THAT IT
IS IN THE AUTHORITY'S BEST INTEREST TO NEGOTIATE OR ENTER INTO
DISCUSSIONS WITH FEWER PROPOSERS, THE AUTHORITY MAY MAKE SUCH A DETERMI-
NATION IN WRITING. IF THE AUTHORITY ENTERS INTO SUCH NEGOTIATIONS, THE
AUTHORITY SHALL ALLOW ALL PROPOSERS TO REVISE THEIR PROPOSALS UPON THE
CONCLUSION OF SUCH NEGOTIATIONS, AND THE AUTHORITY SHALL EVALUATE SUCH
REVISED PROPOSALS USING THE CRITERIA SPECIFIED IN THE REQUEST FOR
PROPOSALS.
(C) ANY CONTRACT AWARDED PURSUANT TO THIS SECTION SHALL BE AWARDED TO
A RESPONSIVE AND RESPONSIBLE PROPOSER, WHICH, IN CONSIDERATION OF THE
FACTORS SET FORTH IN THIS SUBPARAGRAPH, AND OTHER SPECIFIED CRITERIA AS
THE AUTHORITY DEEMS APPROPRIATE, OFFERS THE BEST VALUE, AS DETERMINED BY
THE AUTHORITY.
(D) NOTHING IN THIS SUBDIVISION SHALL BE CONSTRUED TO PROHIBIT THE
AUTHORITY FROM NEGOTIATING FINAL CONTRACT TERMS AND CONDITIONS INCLUDING
COST.
(E) ALL PROPOSALS SUBMITTED SHALL BE SCORED ACCORDING TO THE CRITERIA
LISTED IN THE REQUEST FOR PROPOSALS AND SUCH FINAL SCORES SHALL BE
PUBLISHED ON THE AUTHORITY'S WEBSITE FOLLOWING THE DATE UPON WHICH SUCH
CONTRACT SHALL BE IMPLEMENTED.
(C) THE AUTHORITY, IN AWARDING AN ALTERNATIVE PROJECT DELIVERY
CONTRACT TO A CONTRACTOR OFFERING THE BEST VALUE PURSUANT TO SUBPARA-
GRAPH (II) OF PARAGRAPH (B) OF THIS SUBDIVISION, MAY USE THE FOLLOWING
TYPES OF CONTRACTS:
S. 6672 5
(I) (A) A COST-PLUS NOT TO EXCEED GUARANTEED MAXIMUM PRICE FORM OF
CONTRACT IN WHICH THE AUTHORITY SHALL BE ENTITLED TO MONITOR AND AUDIT
ALL COSTS. IN ESTABLISHING THE SCHEDULE AND PROCESS FOR DETERMINING A
GUARANTEED MAXIMUM PRICE, THE CONTRACT BETWEEN THE AUTHORITY AND THE
CONTRACTOR SHALL INCLUDE TERMS SPECIFYING THE PRICE FOR THE DESIGN PHASE
OF THE WORK, THE SCOPE OF THE WORK, AND ANY APPLICABLE COST FACTORS
RELATING TO CONSTRUCTION PHASE WORK THAT WERE INCLUDED IN THE CONTRAC-
TOR'S PROPOSAL. A FAIR AND REASONABLE GUARANTEED MAXIMUM PRICE FOR THE
CONSTRUCTION PHASE OF THE WORK, OR PORTIONS OF THE CONSTRUCTION PHASE OF
THE WORK, MAY BE AGREED TO AS ONE OR MORE AMENDMENTS TO SUCH CONTRACT
BASED ON DEVELOPMENTS IN THE DESIGN OF THE PROJECT THAT OCCUR AFTER SUCH
CONTRACT IS EXECUTED. EACH GUARANTEED MAXIMUM PRICE AMENDMENT SHALL
DESCRIBE THE SCOPE OF THE PORTION OF THE CONSTRUCTION PHASE WORK SUBJECT
TO THE AMENDMENT, THE COST OF PERFORMING SUCH WORK, AND THE MAXIMUM
COSTS OF ANY CONTINGENCIES RELATED TO SUCH WORK, INCLUDE A DETAILED LINE
ITEM COST BREAKDOWN, INCLUDE A LIST OF ALL DRAWINGS, SPECIFICATIONS AND
OTHER INFORMATION ON WHICH THE GUARANTEED MAXIMUM PRICE IS BASED,
INCLUDE THE DATES OF SUBSTANTIAL AND FINAL COMPLETION ON WHICH THE GUAR-
ANTEED MAXIMUM PRICE IS BASED, AS APPLICABLE, AND INCLUDE A SCHEDULE OF
UNIT PRICES. THE AUTHORITY SHALL MAINTAIN A WRITTEN RECORD OF EACH SUCH
GUARANTEED MAXIMUM PRICE AMENDMENT, WHICH SHALL INCLUDE A SUMMARY OF THE
NEGOTIATION PROCESS AND A DESCRIPTION OF THE RELEVANT DEVELOPMENTS IN
THE DESIGN OF THE PROJECT, INDEPENDENT COST ESTIMATES PREPARED BY OR ON
BEHALF OF THE AUTHORITY, AS REQUIRED PURSUANT TO A POLICY ESTABLISHED BY
THE AUTHORITY, THE CONTRACTOR'S ACTUAL COST SCHEDULES AND UNIT PRICES,
AND ANY OTHER FACTORS CONSIDERED BY THE AUTHORITY. IF THE AUTHORITY AND
THE CONTRACTOR CANNOT AGREE UPON A GUARANTEED MAXIMUM PRICE FOR ONE OR
MORE PORTIONS OF CONSTRUCTION PHASE WORK, THE AUTHORITY MAY DIRECT THE
CONTRACTOR TO ASSIGN ALL OR A PORTION OF THE DUTIES AND RIGHTS UNDER
SUCH ALTERNATIVE PROJECT DELIVERY CONTRACT TO ANOTHER RESPONSIVE AND
RESPONSIBLE PROPOSER THAT THE AUTHORITY DETERMINED OFFERED THE BEST
VALUE OF THE REMAINING PROPOSERS PURSUANT TO SUBPARAGRAPH (II) OF PARA-
GRAPH (B) OF THIS SUBDIVISION AND THAT AGREES TO ACCEPT SUCH ASSIGNMENT.
SUCH CONTRACTS MAY INCLUDE GUARANTEED MAXIMUM PRICE AGREEMENTS, ALLOWING
FOR UPFRONT ESTIMATES AND MAINTAINING THE FLEXIBILITY TO ADJUST THE
SCOPE AND COSTS AS THE PROJECT EVOLVES AND NEW OPPORTUNITIES FOR BETTER-
MENT ARISE.
(B) NOTHING IN THIS SUBPARAGRAPH SHALL BE DEEMED TO PROHIBIT THE USE
OF ANY CONTRACT TERMS OR PROCEDURES PURSUANT TO ANY OTHER PROVISION OF
LAW, INCLUDING BUT NOT LIMITED TO THE PROVISIONS OF THIS ARTICLE.
(II) A LUMP SUM CONTRACT IN WHICH THE CONTRACTOR AGREES TO ACCEPT A
SET DOLLAR AMOUNT FOR A CONTRACT WHICH COMPRISES A SINGLE BID WITHOUT
PROVIDING A COST BREAKDOWN FOR ALL COSTS SUCH AS FOR EQUIPMENT, LABOR,
MATERIALS, AND SUCH CONTRACTOR'S PROFIT FOR COMPLETING ALL ITEMS OF WORK
REQUIRED UNDER SUCH CONTRACT.
(III) INCENTIVE PAYMENTS IDENTIFIED IN THE TEXT OF THE CONTRACT FOR
PERFORMANCE OBJECTIVES.
(IV) A COMBINATION OF ELEMENTS OF THE CONTRACT TYPES LISTED IN THIS
PARAGRAPH.
(D) ALL ALTERNATIVE PROJECT DELIVERY CONTRACTS ENTERED INTO PURSUANT
TO THIS SUBDIVISION SHALL INCLUDE A CLAUSE REQUIRING THAT ANY PROFES-
SIONAL 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 APPLICABLE LAW.
S. 6672 6
(E) THE SUBMISSION OF A PROPOSAL OR RESPONSES OR THE EXECUTION OF AN
ALTERNATIVE PROJECT DELIVERY CONTRACT PURSUANT TO THIS SUBDIVISION SHALL
NOT BE CONSTRUED TO BE A VIOLATION OF SECTION SIXTY-FIVE HUNDRED TWELVE
OF THE EDUCATION LAW.
(F) EACH ALTERNATIVE PROJECT DELIVERY CONTRACT ENTERED INTO BY THE
AUTHORITY PURSUANT TO THIS ARTICLE SHALL COMPLY WITH THE OBJECTIVES AND
GOALS RELATING TO THE PERFORMANCE OF DESIGN AND CONSTRUCTION SERVICES BY
MINORITY AND WOMEN-OWNED BUSINESS ENTERPRISES PURSUANT TO:
(I) SECTION 6-129 OF THE ADMINISTRATIVE CODE OF THE CITY OF NEW YORK;
OR
(II) FOR PROJECTS OR PUBLIC WORKS RECEIVING FEDERAL AID, APPLICABLE
FEDERAL REQUIREMENTS FOR DISADVANTAGED BUSINESS ENTERPRISES OR MINORITY
AND WOMEN-OWNED BUSINESS ENTERPRISES AND SECTION THREE OF THE FEDERAL
HOUSING AND URBAN DEVELOPMENT ACT OF NINETEEN HUNDRED SIXTY-EIGHT, AS
AMENDED, OR ANY SUCCESSOR PROVISION, IF APPLICABLE.
(G) 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 AUTHORITY IN CONNECTION WITH THE USE OF AN ALTERNATIVE
PROJECT DELIVERY CONTRACT PURSUANT TO THIS SECTION SHALL BE PRESERVED
AND PROTECTED.
(H) THE USE OF ALTERNATIVE PROJECT DELIVERY CONTRACTS PURSUANT TO THIS
SECTION SHALL NOT RESULT IN:
(I) THE DISPLACEMENT OF ANY CURRENTLY EMPLOYED WORKER OF AN AUTHORITY
OR LOSS OF POSITION, INCLUDING PARTIAL DISPLACEMENT SUCH AS A REDUCTION
IN THE HOURS OF NON-OVERTIME WORK, WAGES, OR EMPLOYMENT BENEFITS, OR
WHICH RESULT IN THE IMPAIRMENT OF EXISTING COLLECTIVE BARGAINING AGREE-
MENTS TO WHICH SUCH AUTHORITY IS A PARTY; OR
(II) THE TRANSFER TO A CONTRACTOR OF EXISTING DUTIES AND/OR FUNCTIONS
RELATED TO MAINTENANCE AND OPERATIONS CURRENTLY PERFORMED BY EXISTING
EMPLOYEES OF SUCH AUTHORITY.
(I) (A) EMPLOYEES OF AN AUTHORITY SERVING IN POSITIONS IN NEWLY
CREATED TITLES SHALL BE ASSIGNED TO THE APPROPRIATE BARGAINING UNIT.
(B) NOTHING CONTAINED IN THIS SUBDIVISION SHALL BE CONSTRUED TO
AFFECT:
(1) THE EXISTING RIGHTS OF EMPLOYEES OF SUCH AUTHORITY PURSUANT TO AN
EXISTING COLLECTIVE BARGAINING AGREEMENT;
(2) THE EXISTING REPRESENTATIONAL RELATIONSHIPS AMONG EMPLOYEE ORGAN-
IZATIONS REPRESENTING EMPLOYEES OF SUCH AUTHORITY; OR
(3) THE BARGAINING RELATIONSHIPS BETWEEN SUCH AUTHORITY AND SUCH
EMPLOYEE ORGANIZATIONS.
(J) (I) PUBLIC EMPLOYEES OF AN AUTHORITY SHALL REVIEW AND DETERMINE
WHETHER THE WORK PERFORMED BY CONTRACTORS IS ACCEPTABLE AND HAS BEEN
PERFORMED IN ACCORDANCE WITH THE APPLICABLE ALTERNATIVE PROJECT DELIVERY
CONTRACTS. IF SUCH PUBLIC EMPLOYEES DETERMINE THAT THE WORK PERFORMED BY
SUCH CONTRACTORS IS ACCEPTABLE, SUCH PUBLIC EMPLOYEES SHALL ACCEPT SUCH
CONTRACTORS' SUBSTANTIAL OR FINAL COMPLETION OF THE PUBLIC WORKS, AS
APPLICABLE.
(II) NOTHING IN THIS PARAGRAPH SHALL BE CONSTRUED TO MODIFY OR LIMIT:
(A) THE CONTRACTORS' OBLIGATIONS UNDER ALTERNATIVE PROJECT DELIVERY
CONTRACTS TO ISSUE THEIR OWN INITIAL CERTIFICATIONS OF SUBSTANTIAL
COMPLETION AND FINAL COMPLETION;
(B) THE CONTRACTORS' OBLIGATIONS TO PERFORM THE WORK IN STRICT ACCORD-
ANCE WITH THE APPLICABLE ALTERNATIVE PROJECT DELIVERY CONTRACT; OR
(C) THE CONTRACTORS' OR ANY SUBCONTRACTORS' OBLIGATIONS OR LIABILITIES
UNDER ANY LAW, RULE, OR REGULATION.
S. 6672 7
§ 4. The public housing law is amended by adding a new section 160 to
read as follows:
§ 160. ANNUAL FINANCIAL REPORTING REQUIREMENTS. 1. ALL MUNICIPAL HOUS-
ING AUTHORITIES CREATED PURSUANT TO ARTICLE THIRTEEN OF THIS CHAPTER
SHALL PREPARE AND SUBMIT TO THE COMMISSIONER AN ANNUAL FINANCIAL REPORT.
SUCH REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, A COMPREHENSIVE
ACCOUNTING OF ALL FUNDS RECEIVED BY THE AUTHORITY DURING THE CALENDAR
YEAR, SPECIFYING THE SOURCES OF SUCH FUNDS, INCLUDING FEDERAL, STATE,
AND LOCAL CONTRIBUTIONS. THIS INITIAL REPORT SHALL BE SUBMITTED BY APRIL
THIRTIETH OF NEXT YEAR AND ANNUALLY THEREAFTER.
2. THE REPORT SHALL INCLUDE A DETAILED BREAKDOWN OF THE EXPENDITURES
FROM EACH SOURCE OF FUNDS, CATEGORIZED BY PROGRAM, PROJECT, OR ACTIVITY,
AND SHALL SPECIFY THE AMOUNT OF FUNDS REMAINING FROM EACH SOURCE AT THE
END OF THE FISCAL YEAR. IN CASES WHERE RELEVANT FUNDING OR BUDGET DATA
FROM THE CITY FISCAL YEAR IMPACTS THE AUTHORITY'S FINANCIAL REPORTING,
SUCH AUTHORITY SHALL SUBMIT A REVISED REPORT BY JULY, THIRTY-FIRST EACH
YEAR, INCORPORATING ANY ADDITIONAL FINANCIAL DATA.
3. THE COMMISSIONER SHALL COMPILE THESE FINANCIAL REPORTS AND ENSURE
THAT THEY ARE MADE PUBLICLY AVAILABLE ON A PUBLICLY ACCESSIBLE WEBSITE
ANNUALLY, EITHER BY DIRECTLY POSTING THE DATA ON A PUBLIC WEBSITE
MANAGED BY THE COMMISSIONER OR, AT THE DISCRETION OF THE COMMISSIONER,
ALLOWING INDIVIDUAL MUNICIPAL HOUSING AUTHORITIES TO POST THE REQUIRED
FINANCIAL AND BUDGETARY INFORMATION ON SUCH AUTHORITIES OWN PUBLICLY
ACCESSIBLE WEBSITES. SUCH POSTINGS MUST BE COMPLETED BY AUGUST, THIRTY-
FIRST ANNUALLY, IN A FORMAT AND MANNER THAT THE COMMISSIONER DEEMS
ACCEPTABLE. THE COMMISSIONER SHALL ESTABLISH AND ENFORCE STRICT STAND-
ARDS TO ENSURE THAT SUCH POSTINGS MEET REQUIREMENTS FOR TRANSPARENCY,
ACCESSIBILITY, AND COMPARABILITY, ENSURING THAT THE PUBLIC HAS FULL AND
CLEAR ACCESS TO THE FINANCIAL INFORMATION OF ALL MUNICIPAL HOUSING
AUTHORITIES.
§ 5. This act shall take effect on the sixtieth day after it shall
have become a law.
