A04772 Summary:
BILL NO | A04772C |
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SAME AS | SAME AS S03435-C |
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SPONSOR | Magnarelli (MS) |
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COSPNSR | Roberts |
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MLTSPNSR | Steck |
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Amd Chap 58 of 2006, generally | |
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Amends the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" in relation to the powers and duties of the joint schools construction board of the city of Syracuse and the city school district. |
A04772 Actions:
BILL NO | A04772C | |||||||||||||||||||||||||||||||||||||||||||||||||
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02/08/2013 | referred to education | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2013 | amend and recommit to education | |||||||||||||||||||||||||||||||||||||||||||||||||
02/15/2013 | print number 4772a | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2013 | amend and recommit to education | |||||||||||||||||||||||||||||||||||||||||||||||||
04/15/2013 | print number 4772b | |||||||||||||||||||||||||||||||||||||||||||||||||
04/24/2013 | reported referred to ways and means | |||||||||||||||||||||||||||||||||||||||||||||||||
04/30/2013 | reported | |||||||||||||||||||||||||||||||||||||||||||||||||
05/02/2013 | advanced to third reading cal.257 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/07/2013 | amended on third reading 4772c | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2013 | passed assembly | |||||||||||||||||||||||||||||||||||||||||||||||||
05/20/2013 | delivered to senate | |||||||||||||||||||||||||||||||||||||||||||||||||
05/21/2013 | REFERRED TO FINANCE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2013 | SUBSTITUTED FOR S3435C | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2013 | 3RD READING CAL.653 | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2013 | PASSED SENATE | |||||||||||||||||||||||||||||||||||||||||||||||||
05/29/2013 | RETURNED TO ASSEMBLY | |||||||||||||||||||||||||||||||||||||||||||||||||
10/15/2013 | delivered to governor | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2013 | signed chap.459 | |||||||||||||||||||||||||||||||||||||||||||||||||
10/25/2013 | approval memo.4 |
A04772 Floor Votes:
Yes
Abbate
Yes
Crespo
Yes
Goodell
Yes
Lupardo
Yes
Paulin
Yes
Simanowitz
Yes
Abinanti
Yes
Crouch
Yes
Gottfried
Yes
Lupinacci
Yes
Peoples-Stokes
Yes
Simotas
Yes
Arroyo
Yes
Curran
Yes
Graf
Yes
Magee
Yes
Perry
Yes
Skartados
Yes
Aubry
Yes
Cusick
Yes
Gunther
Yes
Magnarelli
Yes
Pretlow
Yes
Skoufis
Yes
Barclay
ER
Cymbrowitz
ER
Hawley
Yes
Maisel
Yes
Quart
Yes
Solages
Yes
Barrett
Yes
DenDekker
Yes
Heastie
Yes
Malliotakis
Yes
Ra
Yes
Stec
ER
Barron
ER
Dinowitz
Yes
Hennessey
Yes
Markey
Yes
Rabbitt
Yes
Steck
Yes
Benedetto
Yes
DiPietro
Yes
Hevesi
Yes
Mayer
Yes
Raia
ER
Stevenson
Yes
Blankenbush
Yes
Duprey
Yes
Hikind
Yes
McDonald
Yes
Ramos
Yes
Stirpe
Yes
Borelli
Yes
Englebright
Yes
Hooper
Yes
McDonough
Yes
Reilich
Yes
Sweeney
ER
Boyland
Yes
Espinal
ER
Jacobs
Yes
McKevitt
Yes
Rivera
Yes
Tedisco
Yes
Braunstein
Yes
Fahy
Yes
Jaffee
Yes
McLaughlin
Yes
Roberts
ER
Tenney
Yes
Brennan
Yes
Farrell
Yes
Johns
Yes
Miller
Yes
Robinson
Yes
Thiele
Yes
Brindisi
ER
Finch
Yes
Jordan
Yes
Millman
ER
Rodriguez
Yes
Titone
Yes
Bronson
ER
Fitzpatrick
Yes
Katz
Yes
Montesano
Yes
Rosa
ER
Titus
Yes
Brook-Krasny
Yes
Friend
Yes
Kavanagh
Yes
Morelle
Yes
Rosenthal
Yes
Walter
Yes
Buchwald
Yes
Gabryszak
AB
Kearns
Yes
Mosley
Yes
Rozic
Yes
Weinstein
Yes
Butler
Yes
Galef
Yes
Kellner
Yes
Moya
Yes
Russell
Yes
Weisenberg
Yes
Cahill
Yes
Gantt
Yes
Kim
Yes
Nojay
Yes
Ryan
Yes
Weprin
Yes
Camara
Yes
Garbarino
Yes
Kolb
Yes
Nolan
Yes
Saladino
Yes
Wright
Yes
Ceretto
Yes
Gibson
Yes
Lalor
Yes
Oaks
Yes
Santabarbara
Yes
Zebrowski
ER
Clark
Yes
Giglio
Yes
Lavine
Yes
O'Donnell
ER
Scarborough
Yes
Mr. Speaker
Yes
Colton
Yes
Gjonaj
Yes
Lentol
Yes
Ortiz
Yes
Schimel
Yes
Cook
Yes
Glick
Yes
Lifton
Yes
Otis
Yes
Schimminger
Yes
Corwin
Yes
Goldfeder
Yes
Lopez
Yes
Palmesano
Yes
Sepulveda
‡ Indicates voting via videoconference
A04772 Text:
Go to top STATE OF NEW YORK ________________________________________________________________________ 4772--C Cal. No. 257 2013-2014 Regular Sessions IN ASSEMBLY February 8, 2013 ___________ Introduced by M. of A. MAGNARELLI, ROBERTS -- Multi-Sponsored by -- M. of A. STECK -- read once and referred to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- again reported from said committee with amendments, ordered reprinted as amended and recommitted to said committee -- reported and referred to the Committee on Ways and Means -- reported from committee, advanced to a third reading, amended and ordered reprinted, retaining its place on the order of third reading AN ACT to amend 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", in relation to the powers and duties of the joint schools construction board of the city of Syracuse and the city school district The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivisions (f), (h) and (j) of section 4 of part A-4 of 2 chapter 58 of the laws of 2006 enacting the "city of Syracuse and the 3 board of education of the city school district of the city of Syracuse 4 cooperative school reconstruction act" are amended to read as follows: 5 (f) ["JSC board" shall mean the joint schools construction board of6the city and the city school district as set forth in an agreement,7dated as of April 1, 2004, between the city school district and the city8as such agreement may be from time to time amended or supplemented,9acting as agent for the city, school district, or both] "JSC board" 10 shall mean the joint schools construction board of the city and the city 11 school district established to administer, manage, design, renovate and 12 effect the financing of existing public schools within the Syracuse city 13 school district. Such board shall consist of the mayor of the city of 14 Syracuse and two additional members designated by the mayor who shall 15 serve at the pleasure of the mayor for a term not exceeding one year, 16 the superintendent of the Syracuse city school district and two addi- EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD05782-13-3A. 4772--C 2 1 tional members designated by the superintendent who shall serve at the 2 pleasure of the superintendent for a term not exceeding one year, and a 3 seventh member, not employed by the city or the school district, jointly 4 designated by the mayor and the superintendent who shall serve at the 5 pleasure of the mayor and the superintendent for a term not exceeding 6 one year. To ensure flexibility and continuity, the mayor and/or the 7 superintendent may from time to time designate and authorize their chief 8 of staff, chief financial officer, or other designee, to attend and vote 9 in their stead. 10 (h) "Project" shall mean work at an existing school building site that 11 involves the design, reconstruction, or rehabilitation of an existing 12 school building for its continued use as a school of the city school 13 district, which may include an addition to an existing school building 14 for such continued use at a cost, for such addition, of, for projects 15 identified in subdivision (a) of section five of this act, no more than 16 nine million dollars, and, for projects identified in subdivision (b) of 17 section five of this act, no more than twenty million dollars, and which 18 also may include (1) the construction or reconstruction of athletic 19 fields, playgrounds, and other recreational facilities for such existing 20 school building, and/or (2) the acquisition and installation of all 21 equipment necessary and attendant to and for the use of such existing 22 school building and/or the acquisition of additional real property 23 necessary for the project. 24 (j) "Program manager" shall mean an independent program management 25 firm hired by the JSC board to assist it in: (1) developing and imple- 26 menting procedures for the projects undertaken and contracted for by the 27 JSC board; (2) reviewing plans and specifications for projects; (3) 28 developing and implementing policies and procedures to utilize employ- 29 ment resources to provide sufficient skilled employees for such 30 projects, including developing and implementing training programs, if 31 required; [and] (4) managing such projects if required by the JSC board; 32 (5) developing and managing a financial plan to maximize the efficient 33 use of state building aid; and (6) managing the project budget. 34 Provided, however that the city and the city school district acting 35 through the JSC board may hire or retain one or more employees to 36 perform some or all of the aforementioned program management functions. 37 § 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting 38 the "city of Syracuse and the board of education of the city school 39 district of the city of Syracuse cooperative school reconstruction act" 40 is amended to read as follows: 41 § 5. (a) No more than seven projects, one each at the Central High 42 School, the Blodgett School, the Shea Middle School, the H.W. Smith 43 Elementary School, the Clary Middle School, the Dr. Weeks Elementary 44 School and the Fowler High School, up to a total cost of two hundred 45 twenty-five million dollars; and (b) no more than twenty projects at 46 locations to be determined by the city school district and approved by 47 the JSC board, up to a total cost of three hundred million dollars, 48 shall be authorized and undertaken pursuant to this act, unless other- 49 wise authorized by law. 50 § 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006 51 enacting the "city of Syracuse and the board of education of the city 52 school district of the city of Syracuse cooperative school recon- 53 struction act" are amended to read as follows: 54 § 6. (1) Before formal selection of the projects identified in subdi- 55 vision (a) of section five of this act occurs, the JSC board shall 56 develop a comprehensive plan recommending and outlining the projects itA. 4772--C 3 1 proposes to be potentially undertaken pursuant to this act. Such plan 2 shall include: (a) an estimate of total costs to be financed, proposed 3 financing plan, proposed method of financing, terms and conditions of 4 the financing, estimated financing costs, and, if city general obli- 5 gation bonds or notes are not proposed as the method of financing, a 6 comparison of financing costs between such bonds or notes and the 7 proposed method of financing. The plan should also address what specific 8 options would be used to ensure that sufficient resources exist to cover 9 the local share of any such project cost on an annual basis; (b) infor- 10 mation concerning the potential persons to be involved in the financing 11 and such person's role and responsibilities; (c) estimates on the 12 design, reconstruction and rehabilitation costs by project, any adminis- 13 trative costs for potential projects, and an outline of the time-frame 14 expected for completion of each potential project; (d) a detailed 15 description of the request for proposals process and an outline of the 16 criteria to be used for selection of the program manager and all 17 contractors; (e) any proposed amendments to the city school district's 18 five year capital facilities plan submitted in accordance with subdivi- 19 sion 6 of section 3602 of the education law and the regulations of the 20 commissioner; and (f) a diversity plan, in compliance with subdivision 21 [(e)] (b) of section eight of this act, to develop diversity goals, 22 including appropriate community input and public discussion, and develop 23 strategies that would create and coordinate any efforts to ensure a more 24 diverse workforce for the projects. The diversity plan should address 25 accountability for attainment of the diversity goals, what forms of 26 monitoring would be used, and how such information would be publicly 27 communicated. 28 Prior to the development of the comprehensive plan, the JSC board 29 shall hold as many public hearings as may be necessary to ensure suffi- 30 cient public input and allow for significant public discussion on the 31 school building needs in such city, with at least one hearing to be held 32 in each neighborhood potentially impacted by a proposed project. 33 The JSC board shall submit the components of such comprehensive plan 34 outlined in [subdivision] paragraph (a) of subdivision one of this 35 section to the comptroller, along with any other information requested 36 by the comptroller, for his or her review and approval. 37 (2) Before formal selection of the projects pursuant to subdivision 38 (b) of section five of this act occurs, the city school district shall 39 provide to the JSC board a comprehensive draft plan recommending and 40 outlining the projects it proposes to be potentially undertaken pursuant 41 to this act. Such plan will be subject to the review and approval of the 42 JSC board and shall include: (a) an estimate of total costs to be 43 financed, proposed financing plan, proposed method of financing, terms 44 and conditions of the financing, estimated financing costs, and, if city 45 general obligation bonds or notes are not proposed as the method of 46 financing, a comparison of financing costs between such bonds or notes 47 and the proposed method of financing. The plan should also address what 48 specific options would be used to ensure that sufficient resources exist 49 to cover the local share of any such project cost on an annual basis; 50 (b) information concerning the potential persons to be involved in the 51 financing and such person's role and responsibilities; (c) estimates on 52 the design, reconstruction and rehabilitation costs by project, any 53 administrative costs for potential projects, and an outline of the time- 54 frame expected for completion of each potential project; (d) a detailed 55 description of the request for proposals process and an outline of the 56 criteria to be used for selection of the program manager and allA. 4772--C 4 1 contractors; (e) any proposed amendments to the city school district's 2 five year capital facilities plan submitted in accordance with subdivi- 3 sion 6 of section 3602 of the education law and the regulations of the 4 commissioner; and (f) a diversity plan, in compliance with subdivision 5 (b) of section eight of this act, to develop diversity goals, including 6 appropriate community input and public discussion, and develop strate- 7 gies that would create and coordinate any efforts to ensure a more 8 diverse workforce for the projects. The diversity plan should address 9 accountability for attainment of the diversity goals, what forms of 10 monitoring would be used, and how such information would be publicly 11 communicated. 12 As part of the development of the comprehensive plan, the school 13 district shall hold as many public hearings as may be necessary to 14 ensure sufficient public input and allow for significant public 15 discussion on the school building needs in such city, with at least one 16 hearing to be held in each neighborhood potentially impacted by a 17 proposed project. 18 The JSC board shall submit the components of such comprehensive plan 19 outlined in paragraph (a) of subdivision two of this section to the 20 comptroller, along with any other information requested by the comp- 21 troller, for his or her review and approval. 22 § 7. (a) Notwithstanding any general, special or local law to the 23 contrary and upon approval by the comptroller pursuant to section [four] 24 six of this act, the city school district may select projects, pursuant 25 to subdivision (a) of section five of this act to be undertaken pursuant 26 to this act, as provided for in such approved comprehensive plan. After 27 the city school district has selected a new project and plans and spec- 28 ifications for such project have been prepared and approved by the city 29 school district, which are consistent with the approved comprehensive 30 plan, the city school district shall deliver such plans and specifica- 31 tions to the city, for approval by such city, acting through the common 32 council, and after the common council has approved such plans and spec- 33 ifications, the city shall deliver them to the commissioner for his or 34 her approval. After approval by the commissioner, the plans and spec- 35 ifications shall be returned to the city school district and such 36 district shall then deliver them to the JSC board. All such specifica- 37 tions shall detail the number of students the completed project is 38 intended to serve, the site description, the types of subjects to be 39 taught, the types of activities for school, recreational, social, safe- 40 ty, or other purposes intended to be incorporated in the school building 41 or on its site and such other information as the city school district, 42 the city, the common council, and the commissioner shall deem necessary 43 or advisable. 44 (b) Notwithstanding any general, special or local law to the contrary 45 and upon approval by the comptroller pursuant to section six of this 46 act, the city school district may select projects, pursuant to subdivi- 47 sion (b) of section five of this act to be undertaken pursuant to this 48 act, as provided for in such approved comprehensive plan. After the city 49 school district has selected a new project and plans and specifications 50 for such project have been prepared and approved by the city school 51 district in consultation with the city engineer, which are consistent 52 with the approved comprehensive plan, the city school district shall 53 deliver such plans and specifications to the commissioner for his or her 54 approval. After approval by the commissioner, the plans and specifica- 55 tions shall be delivered to the JSC board. All such specifications shall 56 detail the number of students the completed project is intended toA. 4772--C 5 1 serve, the site description, the types of subjects to be taught, the 2 types of activities for school, recreational, social, safety, or other 3 purposes intended to be incorporated in the school building or on its 4 site and such other information as the city school district, the city 5 engineer, and the commissioner shall deem necessary or advisable. 6 (c) Notwithstanding any other provision of law to the contrary, if the 7 total project cost associated with the projects authorized pursuant to 8 subdivision (b) of section five of this act exceeds the estimated total 9 project cost of 300 million dollars, then the JSC board shall report 10 such information, along with explanatory documentation regarding the 11 increase in cost, to the governor, the New York state comptroller, the 12 commissioner, the temporary president of the senate and the speaker of 13 the assembly. 14 (d) Notwithstanding any other provision of law to the contrary, the 15 JSC board shall submit estimated project costs for the projects author- 16 ized pursuant to subdivision (b) of section five of this act after the 17 completion of schematic plans and specifications for review by the 18 commissioner. If the total project costs associated with such projects 19 exceed the sum of the estimated individual approved cost allowance of 20 each building project by more than the lesser of 30 million dollars or 21 ten percent of the approved costs, and the city school district has not 22 otherwise demonstrated to the satisfaction of the New York state educa- 23 tion department the availability of additional local shares for such 24 excess costs, then the JSC board shall not proceed with the preparation 25 of final plans and specifications for such projects until the projects 26 have been redesigned or value-engineered to reduce estimated project 27 costs so as not to exceed the above cost limits. 28 (e) Notwithstanding any other provision of law to the contrary, the 29 JSC board shall submit estimated project costs for the projects author- 30 ized pursuant to subdivision (b) of section five of this act after the 31 completion of fifty percent of the final plans and specifications for 32 review by the commissioner. If the total project costs associated with 33 such projects exceed the sum of the estimated individual approved cost 34 allowance of each building project by more than the lesser of 30 million 35 dollars or ten percent of the approved costs, and the city school 36 district has not otherwise demonstrated to the satisfaction of the New 37 York state education department the availability of additional local 38 share for such excess costs, then the JSC board shall not proceed with 39 the completion of the remaining fifty percent of the plans and specifi- 40 cations for such projects until the projects have been redesigned or 41 value-engineered to reduce estimated project costs so as not to exceed 42 the above cost limits. 43 § 4. Paragraph (a) of section 8 of part A-4 of chapter 58 of the laws 44 of 2006 enacting the "city of Syracuse and the board of education of the 45 city school district of the city of Syracuse cooperative school recon- 46 struction act" is amended to read as follows: 47 (a) [Pursuant to the authority granted to it by an agreement and any48amendment or supplemental agreement thereto, between the city and the49city school district creating the JSC board with reference to the JSC50board and any amendments to those sections, the] The JSC board, upon 51 receipt of such plans and specifications for a project [from the city], 52 may enter into contracts acting through the city's division of purchase 53 and subject to the approval of the city engineer and corporation counsel 54 on behalf of the city or the city school district, or both, for such 55 project.A. 4772--C 6 1 § 5. Subdivisions (a) and (c) of section 9 of part A-4 of chapter 58 2 of the laws of 2006 enacting the "city of Syracuse and the board of 3 education of the city school district of the city of Syracuse cooper- 4 ative school reconstruction act" are amended to read as follows: 5 (a) Notwithstanding the provisions of any general, special, or local 6 law to the contrary, a contract entered into between the JSC board and 7 any person pursuant to this act may be awarded either pursuant to public 8 bidding in compliance with section 103 of the general municipal law or, 9 in order to foster major investment in existing school buildings and to 10 deliver quality products and services that are beneficial to the city 11 and the city school district and the public they serve, pursuant to the 12 following provisions of this act for the award of a contract based on 13 evaluation of proposals submitted in response to a request for proposals 14 prepared by or for the JSC board. Provided, however, that the JSC board 15 shall have the option of obtaining professional services including but 16 not limited to an independent program manager, construction managers, 17 architects, engineers, financial experts, and diversity compliance 18 services through the city's standard request for proposals process using 19 the JSC board as the approving governing body instead of the common 20 council for such contract awards. 21 (c) Prior to the issuance of a request for proposals pursuant to this 22 act, except those issued pursuant to the city's standard request for 23 proposals, the JSC board shall publish notice of such issuance in the 24 official newspaper of the city, if any, and in at least one newspaper of 25 general circulation. Concurrent with the publication of such notice, a 26 draft request for proposals shall be filed with the JSC board. After 27 allowing a thirty day comment period and an additional ten days to 28 review such comments, the JSC board may publish the final request for 29 proposals and concurrent with such publication shall publish notice of 30 such issuance in the manner specified in this subdivision. Concurrent 31 with the publication of the final request for proposals, a set of 32 comments filed in relation to the draft request for proposals and find- 33 ings related to the substantive elements of such comments shall be filed 34 along with the request for proposals with the JSC board and in the 35 public library or libraries in proximity to the proposed project. 36 § 6. Subdivisions (a) and (d) of section 10 of part A-4 of chapter 58 37 of the laws of 2006 enacting the "city of Syracuse and the board of 38 education of the city school district of the city of Syracuse cooper- 39 ative school reconstruction act" are amended to read as follows: 40 (a) The JSC board may require a contractor awarded a public contract, 41 subcontract[, lease, grant, bond, covenant] or other agreement for a 42 project to enter into a project labor agreement during and for the work 43 involved with such project when such requirement is part of the JSC 44 board's [request for proposals] specifications for the project and when 45 the JSC board determines that the record supporting the decision to 46 enter into such an agreement establishes that it is justified by the 47 interests underlying the competitive bidding laws. In addition, the JSC 48 board may choose to extend the project labor agreement entered into for 49 the first phase of the JSC construction projects to the projects author- 50 ized herein, contingent upon the completion of a supplemental project 51 labor agreement benefits analysis. 52 (d) Every contract entered into by the JSC board for a project shall 53 contain a provision that the design of such project shall be subject to 54 the review and approval of the city school district and the city engi- 55 neer and that the design and construction standards of such project 56 shall be subject to the review and approval of the commissioner. InA. 4772--C 7 1 addition, every such contract shall contain a provision that the 2 contractor shall furnish a labor and material bond guaranteeing prompt 3 payment of moneys that are due to all persons furnishing labor and mate- 4 rials pursuant to the requirements of any contracts for a project under- 5 taken pursuant to this act and a performance bond for the faithful 6 performance of the project, which shall conform to the provisions of 7 section 103-f of the general municipal law, and that a copy of such 8 performance and payment bonds shall be kept by the city and shall be 9 open to public inspection. 10 § 7. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting 11 the "city of Syracuse and the board of education of the city school 12 district of the city of Syracuse cooperative school reconstruction act" 13 is amended to read as follows: 14 § 11. (a) All contracts entered into by the JSC board for projects 15 [undertaken pursuant to this act] pursuant to subdivision (a) of section 16 five of this act shall be managed by an independent program manager. 17 Selection of the program manager shall be pursuant to the competitive 18 process established in section seven of this act. The program manager 19 shall have experience in planning, designing, and constructing new 20 and/or reconstructing existing school buildings, public facilities, 21 commercial facilities, and/or infrastructure facilities, and in the 22 negotiation and management of labor contracts and agreements, training 23 programs, educational programs, and physical technological requirements 24 for educational programs. The program manager shall manage all projects 25 undertaken pursuant to subdivision (a) of section five of this act, 26 review project schedules, review payment schedules, prepare cost esti- 27 mates and assess the safety programs of contractors and all training 28 programs, if required. The program manager shall implement procedures 29 for verification by it that all work for which payment has been 30 requested has been satisfactorily completed. 31 (b) All construction and design contracts entered into by the JSC 32 board for projects pursuant to subdivision (b) of section five of this 33 act shall be managed by the city engineer in agreement with the school 34 district or, at the discretion of the JSC board, an independent program 35 manager or construction managers selected for one or more projects. 36 Selection of the program manager and/or the construction manager or 37 managers shall be pursuant to a competitive process established in 38 accordance with the city's standard request for proposals process using 39 the JSC board as the approving governing body instead of the common 40 council for such contract awards. The program manager shall have experi- 41 ence in planning, designing, and constructing new and/or reconstructing 42 existing school buildings in New York state, public facilities, commer- 43 cial facilities, and/or infrastructure facilities, and in the negoti- 44 ation and management of labor contracts and agreements, training 45 programs, educational programs, and physical technological requirements 46 for educational programs. The program manager shall manage all projects 47 assigned by the JSC board to the program manager and undertaken pursuant 48 to subdivision (b) of section five of this act, review project sched- 49 ules, review payment schedules, prepare cost estimates and assess the 50 safety programs of contractors and all training programs, if required. 51 The program manager shall implement procedures for verification by it 52 that all work for which payment has been requested has been satisfac- 53 torily completed. Provided, however, that the JSC board may choose to 54 utilize the services of an independent construction manager at one or 55 more of the projects to be authorized herein with said constructionA. 4772--C 8 1 manager managing the project within the management plan set forth by the 2 independent program manager and the JSC board. 3 (c) The program manager, and its affiliates or subsidiaries, if any, 4 shall be prohibited from awarding contracts or being awarded contracts 5 for or performing any work on projects undertaken pursuant to this act. 6 § 8. Intentionally omitted. 7 § 9. Section 13 of part A-4 of chapter 58 of the laws of 2006 enacting 8 the "city of Syracuse and the board of education of the city school 9 district of the city of Syracuse cooperative school reconstruction act" 10 is amended to read as follows: 11 § 13. Notwithstanding any general, special, or local law or ordinance 12 to the contrary, contracts entered into by the JSC board for projects 13 undertaken pursuant to this act: (a) may be initially funded by the city 14 from any available monies or from the proceeds of city obligations 15 issued in anticipation of permanent financing from any source provided 16 under the act and the reimbursement to the city of any available monies 17 so advanced or the payment of obligations of the city issued in antic- 18 ipation of permanent financing (including permanent financing issued 19 through the city of Syracuse industrial development agency for such 20 purpose) is hereby specifically authorized, and (b) (1) may be funded by 21 certificates of participation issued by the city pursuant to this act; 22 (2) may be installment purchased contracts; and (3) shall be subject to 23 the provisions of section 109-b of the general municipal law, except for 24 paragraph (a) of subdivision 3 of such section, subdivision 5 of such 25 section, and paragraph (c) of subdivision 6 of such section, and except 26 to the extent section 109-b of the general municipal law is inconsistent 27 with the provisions of this act. All provisions with reference to 28 installment purchase contracts or certificates of participation 29 contained in section 109-b of the general municipal law, except any 30 prohibition against using such installment purchase contracts or certif- 31 icates of participation for the purposes set forth in this act, shall 32 apply to installment purchase contracts or certificates of participation 33 entered into or issued pursuant to the authority of this section of this 34 act. 35 § 10. Section 14 of part A-4 of chapter 58 of the laws of 2006 enact- 36 ing the "city of Syracuse and the board of education of the city school 37 district of the city of Syracuse cooperative school reconstruction act" 38 is amended by adding a new subdivision (c) to read as follows: 39 (c) Payment of debt service on bonds, notes or other obligations 40 issued to secure financing for projects undertaken pursuant to this act 41 shall not be considered when determining the "city amount" required 42 pursuant to subparagraph (ii) of paragraph a of subdivision 5-b of 43 section 2576 of the education law; provided, however, that this 44 provision shall not otherwise affect the determination of said "city 45 amount" with respect to funding unrelated to projects undertaken pursu- 46 ant to this act. 47 § 11. Subdivision (a) of section 16 of part A-4 of chapter 58 of the 48 laws of 2006 enacting the "city of Syracuse and the board of education 49 of the city school district of the city of Syracuse cooperative school 50 reconstruction act" is amended to read as follows: 51 (a) Notwithstanding any limitations contained in article 18-A of the 52 general municipal law, including subdivisions 4[,] and 12 [and 13] of 53 section 854 and section 926 of the general municipal law, a project 54 undertaken pursuant to this act shall be a "project" within the defi- 55 nition and for the purposes of subdivision 4 of section 854 of the 56 general municipal law, which may be financed by the city of SyracuseA. 4772--C 9 1 industrial development agency or any successor agency thereto and the 2 city of Syracuse industrial development agency is expressly authorized 3 to refinance obligations issued by the city in anticipation of financing 4 authorized by this act and/or reimburse the city for monies advanced by 5 the city for projects undertaken pursuant to this act. In connection 6 with the city of Syracuse industrial development agency financing the 7 costs of any project undertaken pursuant to this act, the city and the 8 city school district may grant a leasehold or license interest in the 9 project and school building site constituting such project to the city 10 of Syracuse industrial development agency. All contracts involving any 11 such projects shall be awarded by the JSC board pursuant to the compet- 12 itive [process] processes outlined in [section] sections seven, eight 13 and nine of this act [and shall comply with the provisions of section14eight of this act]. A project undertaken pursuant to this act may be 15 financed through a special program agreement with the state of New York 16 municipal bond bank agency pursuant to the provisions of section 2435-a 17 of the public authorities law. It shall be the duty of the JSC board, 18 the city school district and the city to compare the financing available 19 for such projects through the city of Syracuse industrial development 20 agency with financing available through the state of New York municipal 21 bond bank agency, and to employ the financing mechanism that will result 22 in the lowest cost to the taxpayers of the city and the state. It shall 23 be the duty of the JSC board, the city school district, the city and the 24 city of Syracuse industrial development agency to share with the state 25 of New York municipal bond bank agency any information in their 26 possession that is required by the state of New York municipal bond bank 27 agency to determine the cost of financing such projects and to compute 28 the interest rate that would have been applicable to a bond issuance by 29 the state of New York municipal bond bank agency in the event that 30 financing is obtained through the city of Syracuse industrial develop- 31 ment agency. Any failure to provide such information within thirty days 32 of receipt of a request from the state of New York municipal bond bank 33 agency shall be deemed to be a failure of the city school district to 34 submit the data needed to compute the apportionment of state building 35 aid, and the commissioner shall withhold such apportionment until such 36 information is fully submitted. Upon request of the city school 37 district, the director of the state of New York municipal bond bank 38 agency shall submit such reports as the commissioner may require on the 39 financing of such projects and/or the interest rate that would have been 40 applicable to such projects if they had been financed through such agen- 41 cy. 42 § 12. Section 19 of part A-4 of chapter 58 of the laws of 2006 enact- 43 ing the "city of Syracuse and the board of education of the city school 44 district of the city of Syracuse cooperative school reconstruction act" 45 is amended to read as follows: 46 § 19. (a) On January 15, 2007 and annually thereafter, until 47 completion of the [seven] projects authorized pursuant to this act, the 48 JSC board shall issue a report to the governor, the comptroller, the 49 commissioner, the temporary president of the senate, the speaker of the 50 assembly, the city, the common council and the city school district on 51 the progress and status of the projects undertaken by the JSC board. 52 Provided further, that if any such entities request information on the 53 progress and status of the projects prior to such report, it shall be 54 provided to such entities by the JSC board. 55 [In addition, on] (b) On or before June 30, 2014 or upon the 56 completion of the [seven] projects authorized pursuant to subdivisionA. 4772--C 10 1 (a) of section five of this act, whichever shall first occur, the JSC 2 board shall issue a report to the city, the city school district, the 3 governor, the commissioner, the comptroller, the temporary president of 4 the senate, the minority leader of the senate, the speaker of the assem- 5 bly, the minority leader of the assembly, the state board of regents, 6 and the chairs and ranking minority members of the New York state senate 7 and assembly committees on education, the finance committee of the New 8 York state senate, and the ways and means committee of the New York 9 state assembly. Such report shall identify the fiscal and pedagogical 10 results of the projects undertaken pursuant to this act, along with 11 recommendations for its continuance, amendments, or discontinuance. 12 (c) On or before June 30, 2020 or upon the completion of the projects 13 authorized pursuant to subdivision (b) of section five of this act, 14 whichever shall first occur, the JSC board shall issue a report to the 15 city, the city school district, the governor, the commissioner, the 16 comptroller, the temporary president of the senate, the minority leader 17 of the senate, the speaker of the assembly, the minority leader of the 18 assembly, the state board of regents, and the chairs and ranking minori- 19 ty members of the New York state senate and assembly committees on 20 education, the finance committee of the New York state senate, and the 21 ways and means committee of the New York state assembly. Such report 22 shall identify the fiscal and pedagogical results of the projects under- 23 taken pursuant to this act, along with recommendations for its contin- 24 uance, amendments, or discontinuance. 25 § 13. This act shall take effect immediately; provided, however, that 26 all resolutions, actions, obligations and approvals of the JSC board, as 27 defined in subdivision (f) of section 4 of part A-4 of chapter 58 of the 28 laws of 2006, as amended in section one of this act, taken prior to the 29 effective date of this act shall remain in full force and effect and be 30 treated as resolutions, actions, obligations and approvals of such 31 board.