This bill has been amended

Bill S3435B-2013

Relates to the powers and duties of the joint schools construction board of the city of Syracuse and the city school district

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.

Details

Actions

  • Apr 30, 2013: REPORTED AND COMMITTED TO FINANCE
  • Apr 15, 2013: PRINT NUMBER 3435B
  • Apr 15, 2013: AMEND AND RECOMMIT TO EDUCATION
  • Feb 15, 2013: PRINT NUMBER 3435A
  • Feb 15, 2013: AMEND AND RECOMMIT TO EDUCATION
  • Feb 1, 2013: REFERRED TO EDUCATION

Votes

VOTE: COMMITTEE VOTE: - Education - Apr 30, 2013
Ayes (17): Flanagan, Farley, Lanza, LaValle, Little, Marcellino, Maziarz, Ranzenhofer, Robach, Seward, Valesky, Latimer, Avella, Breslin, Montgomery, Stavisky, Tkaczyk
Ayes W/R (1): Addabbo

Memo

BILL NUMBER:S3435B

TITLE OF BILL: 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

PURPOSE:

This legislation allows the City of Syracuse and the city school district to fund a second phase of school renovations and improvements under the direction of the Joint Schools Construction Board (JSCB). This legislation also changes the composition of the JSCB for phase II, and makes additional changes to the existing legislation to ensure a smooth transition from phase I to phase II construction. It will also allow the City of Syracuse to issue bond anticipation notes to speed up the planning and design for phase H projects.

SUMMARY OF PROVISIONS:

Section I: Amends the definitional section of the JSCB statute. It amends the composition of the JSCB. The new structure shall include the mayor (or her designee), the superintendent (or her designee), two appointments by the mayor, two appointments by the superintendent and one independent member jointly appointed by the mayor and superintendent. This section also amends the duties of the "program manager".

Section 2: States that phase H projects shall number no more than 20 and at locations determined by the city school district and approved by the JSCB. The maximum total cost shall be no more than $300 million.

Section 3: Lays out the process by which phase II projects and project borrowing shall be approved. This includes the creation and approval of a comprehensive plan, selection and approval of individual projects, required public hearings and required approvals by the JSCB, city school district, city common council, and State Comptroller.

Section 4: Allows the JSCB upon receipt of plans and specifications for a project from the city to enter into contracts acting through the city's division of purchase and subject to the approval of the city's engineer and corporation counsel on behalf of the city or the city school district.

Section 5: Allows the JSCB to obtain professional services using the city's standard request for proposals.

Section 6: Allows the JSCB to extend the project labor agreement entered into for phase I into phase II projects.

Section 7: Amends the selection process and duties of the independent program manager.

Section 8: Sets provisions regarding the use of installment purchase contracts.

Section 9: Allows the city to issue bond anticipation notes to begin phase II projects in anticipation of State building aid.

Section 10: Provides that payment of debt service on bond anticipation notes for phase II shall not be considered when determining the "city amount" required pursuant to subparagraph (ii) of paragraph a of subdivision 5-b of 2576 of the education law.

Section 11: Allows the City of Syracuse Industrial Development Agency to refinance bond anticipation notes issued for phase II projects.

Section 12: Makes amendments to the JSCB's reporting requirements.

Section 13: Establishes the effective date and provides language to ensure that all actions and obligations of the phase I JSCB board remain in effect.

JUSTIFICATION:

School buildings in the City of Syracuse are in serious need of repair and renovation. To this purpose chapter 58 of laws of 2006 was enacted to create the Syracuse Joint School Construction Board. Currently the Syracuse JSCB is in the middle of completing phase I construction projects. These are scheduled to be completed in the next couple of years. The goal is to then immediately begin phase II projects.

This legislation has been requested by the City of Syracuse and the Syracuse City School District in order to ensure a speedy and efficient transition from phase I to phase II. Specifically, this bill enacts changes to the current JSCB law to complete this goal. Most notably it changes the composition of the JSCB to ensure phase II projects ate planned, reviewed, approved and implemented more efficiently. The legislation also includes changes to the approval and financing structure of the JSCB. The overall goal is to avoid issues that substantially delayed construction of phase I projects.

Additionally, this legislation authorizes the City of Syracuse to issue bond anticipation notes that will allow the City, the School District and the JSCB to get an early start on the planning, design and approval for phase II projects. This will allow phase II construction to begin soon after all phase I projects have been completed. This legislation is an important step in providing the children of the Syracuse City School district with safe and productive learning environments.

LEGISLATIVE HISTORY:

New Bill, amending chapter 58 of the laws of 2006

FISCAL IMPACT:

To be determined.

EFFECTIVE DATE:

This act shall take effect immediately.


Text

STATE OF NEW YORK ________________________________________________________________________ 3435--B 2013-2014 Regular Sessions IN SENATE February 1, 2013 ___________
Introduced by Sens. DeFRANCISCO, AVELLA, VALESKY -- read twice and ordered printed, and when printed to be committed to the Committee on Education -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee 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: Section 1. Subdivisions (f), (h) and (j) of section 4 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" are amended to read as follows: (f) ["JSC board" shall mean the joint schools construction board of the city and the city school district as set forth in an agreement, dated as of April 1, 2004, between the city school district and the city as such agreement may be from time to time amended or supplemented, acting as agent for the city, school district, or both] "JSC BOARD" SHALL MEAN THE JOINT SCHOOLS CONSTRUCTION BOARD OF THE CITY AND THE CITY SCHOOL DISTRICT ESTABLISHED TO ADMINISTER, MANAGE, DESIGN, RENOVATE AND EFFECT THE FINANCING OF EXISTING PUBLIC SCHOOLS WITHIN THE SYRACUSE CITY SCHOOL DISTRICT. SUCH BOARD SHALL CONSIST OF THE MAYOR OF THE CITY OF SYRACUSE AND TWO ADDITIONAL MEMBERS DESIGNATED BY THE MAYOR WHO SHALL SERVE AT THE PLEASURE OF THE MAYOR FOR A TERM NOT EXCEEDING ONE YEAR, THE SUPERINTENDENT OF THE SYRACUSE CITY SCHOOL DISTRICT AND TWO ADDI- TIONAL MEMBERS DESIGNATED BY THE SUPERINTENDENT WHO SHALL SERVE AT THE PLEASURE OF THE SUPERINTENDENT FOR A TERM NOT EXCEEDING ONE YEAR, AND A
SEVENTH MEMBER, NOT EMPLOYED BY THE CITY OR THE SCHOOL DISTRICT, JOINTLY DESIGNATED BY THE MAYOR AND THE SUPERINTENDENT WHO SHALL SERVE AT THE PLEASURE OF THE MAYOR AND THE SUPERINTENDENT FOR A TERM NOT EXCEEDING ONE YEAR. TO ENSURE FLEXIBILITY AND CONTINUITY, THE MAYOR AND/OR THE SUPERINTENDENT MAY FROM TIME TO TIME DESIGNATE AND AUTHORIZE THEIR CHIEF OF STAFF, CHIEF FINANCIAL OFFICER, OR OTHER DESIGNEE, TO ATTEND AND VOTE IN THEIR STEAD. (h) "Project" shall mean work at an existing school building site that involves the design, reconstruction, or rehabilitation of an existing school building for its continued use as a school of the city school district, which may include an addition to an existing school building for such continued use at a cost, for such addition, of, FOR PROJECTS IDENTIFIED IN SUBDIVISION (A) OF SECTION FIVE OF THIS ACT, no more than nine million dollars, AND, FOR PROJECTS IDENTIFIED IN SUBDIVISION (B) OF SECTION FIVE OF THIS ACT, NO MORE THAN TWENTY MILLION DOLLARS, and which also may include (1) the construction or reconstruction of athletic fields, playgrounds, and other recreational facilities for such existing school building, and/or (2) the acquisition and installation of all equipment necessary and attendant to and for the use of such existing school building AND/OR THE ACQUISITION OF ADDITIONAL REAL PROPERTY NECESSARY FOR THE PROJECT. (j) "Program manager" shall mean an independent program management firm hired by the JSC board to assist it in: (1) developing and imple- menting procedures for the projects undertaken and contracted for by the JSC board; (2) reviewing plans and specifications for projects; (3) developing and implementing policies and procedures to utilize employ- ment resources to provide sufficient skilled employees for such projects, including developing and implementing training programs, if required; [and] (4) managing such projects IF REQUIRED BY THE JSC BOARD; (5) DEVELOPING AND MANAGING A FINANCIAL PLAN TO MAXIMIZE THE EFFICIENT USE OF STATE BUILDING AID; AND (6) MANAGING THE PROJECT BUDGET. PROVIDED, HOWEVER THAT THE CITY AND THE CITY SCHOOL DISTRICT ACTING THROUGH THE JSC BOARD MAY HIRE OR RETAIN ONE OR MORE EMPLOYEES TO PERFORM SOME OR ALL OF THE AFOREMENTIONED PROGRAM MANAGEMENT FUNCTIONS. S 2. Section 5 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended to read as follows: S 5. (A) No more than seven projects, one each at the Central High School, the Blodgett School, the Shea Middle School, the H.W. Smith Elementary School, the Clary Middle School, the Dr. Weeks Elementary School and the Fowler High School, up to a total cost of two hundred twenty-five million dollars; AND (B) NO MORE THAN TWENTY PROJECTS AT LOCATIONS TO BE DETERMINED BY THE CITY SCHOOL DISTRICT AND APPROVED BY THE JSC BOARD, UP TO A TOTAL COST OF THREE HUNDRED MILLION DOLLARS, shall be authorized and undertaken pursuant to this act, unless other- wise authorized by law. S 3. Sections 6 and 7 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school recon- struction act" are amended to read as follows: S 6. (1) Before formal selection of the projects IDENTIFIED IN SUBDI- VISION (A) OF SECTION FIVE OF THIS ACT occurs, the JSC board shall develop a comprehensive plan recommending and outlining the projects it proposes to be potentially undertaken pursuant to this act. Such plan shall include: (a) an estimate of total costs to be financed, proposed
financing plan, proposed method of financing, terms and conditions of the financing, estimated financing costs, and, if city general obli- gation bonds or notes are not proposed as the method of financing, a comparison of financing costs between such bonds or notes and the proposed method of financing. The plan should also address what specific options would be used to ensure that sufficient resources exist to cover the local share of any such project cost on an annual basis; (b) infor- mation concerning the potential persons to be involved in the financing and such person's role and responsibilities; (c) estimates on the design, reconstruction and rehabilitation costs by project, any adminis- trative costs for potential projects, and an outline of the time-frame expected for completion of each potential project; (d) a detailed description of the request for proposals process and an outline of the criteria to be used for selection of the program manager and all contractors; (e) any proposed amendments to the city school district's five year capital facilities plan submitted in accordance with subdivi- sion 6 of section 3602 of the education law and the regulations of the commissioner; and (f) a diversity plan, in compliance with subdivision [(e)] (B) of section eight of this act, to develop diversity goals, including appropriate community input and public discussion, and develop strategies that would create and coordinate any efforts to ensure a more diverse workforce for the projects. The diversity plan should address accountability for attainment of the diversity goals, what forms of monitoring would be used, and how such information would be publicly communicated. Prior to the development of the comprehensive plan, the JSC board shall hold as many public hearings as may be necessary to ensure suffi- cient public input and allow for significant public discussion on the school building needs in such city, with at least one hearing to be held in each neighborhood potentially impacted by a proposed project. The JSC board shall submit the components of such comprehensive plan outlined in [subdivision] PARAGRAPH (a) of SUBDIVISION ONE OF this section to the comptroller, along with any other information requested by the comptroller, for his or her review and approval. (2) BEFORE FORMAL SELECTION OF THE PROJECTS PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT OCCURS, THE CITY SCHOOL DISTRICT SHALL PROVIDE TO THE JSC BOARD A COMPREHENSIVE DRAFT PLAN RECOMMENDING AND OUTLINING THE PROJECTS IT PROPOSES TO BE POTENTIALLY UNDERTAKEN PURSUANT TO THIS ACT. SUCH PLAN WILL BE SUBJECT TO THE REVIEW AND APPROVAL OF THE JSC BOARD AND SHALL INCLUDE: (A) AN ESTIMATE OF TOTAL COSTS TO BE FINANCED, PROPOSED FINANCING PLAN, PROPOSED METHOD OF FINANCING, TERMS AND CONDITIONS OF THE FINANCING, ESTIMATED FINANCING COSTS, AND, IF CITY GENERAL OBLIGATION BONDS OR NOTES ARE NOT PROPOSED AS THE METHOD OF FINANCING, A COMPARISON OF FINANCING COSTS BETWEEN SUCH BONDS OR NOTES AND THE PROPOSED METHOD OF FINANCING. THE PLAN SHOULD ALSO ADDRESS WHAT SPECIFIC OPTIONS WOULD BE USED TO ENSURE THAT SUFFICIENT RESOURCES EXIST TO COVER THE LOCAL SHARE OF ANY SUCH PROJECT COST ON AN ANNUAL BASIS; (B) INFORMATION CONCERNING THE POTENTIAL PERSONS TO BE INVOLVED IN THE FINANCING AND SUCH PERSON'S ROLE AND RESPONSIBILITIES; (C) ESTIMATES ON THE DESIGN, RECONSTRUCTION AND REHABILITATION COSTS BY PROJECT, ANY ADMINISTRATIVE COSTS FOR POTENTIAL PROJECTS, AND AN OUTLINE OF THE TIME-FRAME EXPECTED FOR COMPLETION OF EACH POTENTIAL PROJECT; (D) A DETAILED DESCRIPTION OF THE REQUEST FOR PROPOSALS PROCESS AND AN OUTLINE OF THE CRITERIA TO BE USED FOR SELECTION OF THE PROGRAM MANAGER AND ALL CONTRACTORS; (E) ANY PROPOSED AMENDMENTS TO THE CITY SCHOOL DISTRICT'S FIVE YEAR CAPITAL FACILITIES PLAN SUBMITTED IN ACCORDANCE WITH SUBDIVI-
SION 6 OF SECTION 3602 OF THE EDUCATION LAW AND THE REGULATIONS OF THE COMMISSIONER; AND (F) A DIVERSITY PLAN, IN COMPLIANCE WITH SUBDIVISION (B) OF SECTION EIGHT OF THIS ACT, TO DEVELOP DIVERSITY GOALS, INCLUDING APPROPRIATE COMMUNITY INPUT AND PUBLIC DISCUSSION, AND DEVELOP STRATE- GIES THAT WOULD CREATE AND COORDINATE ANY EFFORTS TO ENSURE A MORE DIVERSE WORKFORCE FOR THE PROJECTS. THE DIVERSITY PLAN SHOULD ADDRESS ACCOUNTABILITY FOR ATTAINMENT OF THE DIVERSITY GOALS, WHAT FORMS OF MONITORING WOULD BE USED, AND HOW SUCH INFORMATION WOULD BE PUBLICLY COMMUNICATED. AS PART OF THE DEVELOPMENT OF THE COMPREHENSIVE PLAN, THE SCHOOL DISTRICT SHALL HOLD AS MANY PUBLIC HEARINGS AS MAY BE NECESSARY TO ENSURE SUFFICIENT PUBLIC INPUT AND ALLOW FOR SIGNIFICANT PUBLIC DISCUSSION ON THE SCHOOL BUILDING NEEDS IN SUCH CITY, WITH AT LEAST ONE HEARING TO BE HELD IN EACH NEIGHBORHOOD POTENTIALLY IMPACTED BY A PROPOSED PROJECT. THE JSC BOARD SHALL SUBMIT THE COMPONENTS OF SUCH COMPREHENSIVE PLAN OUTLINED IN PARAGRAPH (A) OF SUBDIVISION TWO OF THIS SECTION TO THE COMPTROLLER, ALONG WITH ANY OTHER INFORMATION REQUESTED BY THE COMP- TROLLER, FOR HIS OR HER REVIEW AND APPROVAL. S 7. (A) Notwithstanding any general, special or local law to the contrary and upon approval by the comptroller pursuant to section [four] SIX of this act, the city school district may select projects, PURSUANT TO SUBDIVISION (A) OF SECTION FIVE OF THIS ACT to be undertaken pursuant to this act, as provided for in such approved comprehensive plan. After the city school district has selected a new project and plans and spec- ifications for such project have been prepared and approved by the city school district, which are consistent with the approved comprehensive plan, the city school district shall deliver such plans and specifica- tions to the city, for approval by such city, acting through the common council, and after the common council has approved such plans and spec- ifications, the city shall deliver them to the commissioner for his or her approval. After approval by the commissioner, the plans and spec- ifications shall be returned to the city school district and such district shall then deliver them to the JSC board. All such specifica- tions shall detail the number of students the completed project is intended to serve, the site description, the types of subjects to be taught, the types of activities for school, recreational, social, safe- ty, or other purposes intended to be incorporated in the school building or on its site and such other information as the city school district, the city, the common council, and the commissioner shall deem necessary or advisable. (B) NOTWITHSTANDING ANY GENERAL, SPECIAL OR LOCAL LAW TO THE CONTRARY AND UPON APPROVAL BY THE COMPTROLLER PURSUANT TO SECTION SIX OF THIS ACT, THE CITY SCHOOL DISTRICT MAY SELECT PROJECTS, PURSUANT TO SUBDIVI- SION (B) OF SECTION FIVE OF THIS ACT TO BE UNDERTAKEN PURSUANT TO THIS ACT, AS PROVIDED FOR IN SUCH APPROVED COMPREHENSIVE PLAN. AFTER THE CITY SCHOOL DISTRICT HAS SELECTED A NEW PROJECT AND PLANS AND SPECIFICATIONS FOR SUCH PROJECT HAVE BEEN PREPARED AND APPROVED BY THE CITY SCHOOL DISTRICT IN CONSULTATION WITH THE CITY ENGINEER, WHICH ARE CONSISTENT WITH THE APPROVED COMPREHENSIVE PLAN, THE CITY SCHOOL DISTRICT SHALL DELIVER SUCH PLANS AND SPECIFICATIONS TO THE COMMISSIONER FOR HIS OR HER APPROVAL. AFTER APPROVAL BY THE COMMISSIONER, THE PLANS AND SPECIFICA- TIONS SHALL BE DELIVERED TO THE JSC BOARD. ALL SUCH SPECIFICATIONS SHALL DETAIL THE NUMBER OF STUDENTS THE COMPLETED PROJECT IS INTENDED TO SERVE, THE SITE DESCRIPTION, THE TYPES OF SUBJECTS TO BE TAUGHT, THE TYPES OF ACTIVITIES FOR SCHOOL, RECREATIONAL, SOCIAL, SAFETY, OR OTHER
PURPOSES INTENDED TO BE INCORPORATED IN THE SCHOOL BUILDING OR ON ITS SITE AND SUCH OTHER INFORMATION AS THE CITY SCHOOL DISTRICT, THE CITY ENGINEER, AND THE COMMISSIONER SHALL DEEM NECESSARY OR ADVISABLE. (C) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, IF THE TOTAL PROJECT COST ASSOCIATED WITH THE PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT EXCEEDS THE ESTIMATED TOTAL PROJECT COST OF 300 MILLION DOLLARS, THEN THE JSC BOARD SHALL REPORT SUCH INFORMATION, ALONG WITH EXPLANATORY DOCUMENTATION REGARDING THE INCREASE IN COST, TO THE GOVERNOR, THE NEW YORK STATE COMPTROLLER, THE COMMISSIONER, THE TEMPORARY PRESIDENT OF THE SENATE AND THE SPEAKER OF THE ASSEMBLY. (D) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR- IZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT AFTER THE COMPLETION OF SCHEMATIC PLANS AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 30 MILLION DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS NOT OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE NEW YORK STATE EDUCA- TION DEPARTMENT THE AVAILABILITY OF ADDITIONAL LOCAL SHARES FOR SUCH EXCESS COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH THE PREPARATION OF FINAL PLANS AND SPECIFICATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THE ABOVE COST LIMITS. (E) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, THE JSC BOARD SHALL SUBMIT ESTIMATED PROJECT COSTS FOR THE PROJECTS AUTHOR- IZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT AFTER THE COMPLETION OF FIFTY PERCENT OF THE FINAL PLANS AND SPECIFICATIONS FOR REVIEW BY THE COMMISSIONER. IF THE TOTAL PROJECT COSTS ASSOCIATED WITH SUCH PROJECTS EXCEED THE SUM OF THE ESTIMATED INDIVIDUAL APPROVED COST ALLOWANCE OF EACH BUILDING PROJECT BY MORE THAN THE LESSER OF 30 MILLION DOLLARS OR TEN PERCENT OF THE APPROVED COSTS, AND THE CITY SCHOOL DISTRICT HAS NOT OTHERWISE DEMONSTRATED TO THE SATISFACTION OF THE NEW YORK STATE EDUCATION DEPARTMENT THE AVAILABILITY OF ADDITIONAL LOCAL SHARE FOR SUCH EXCESS COSTS, THEN THE JSC BOARD SHALL NOT PROCEED WITH THE COMPLETION OF THE REMAINING FIFTY PERCENT OF THE PLANS AND SPECIFI- CATIONS FOR SUCH PROJECTS UNTIL THE PROJECTS HAVE BEEN REDESIGNED OR VALUE-ENGINEERED TO REDUCE ESTIMATED PROJECT COSTS SO AS NOT TO EXCEED THE ABOVE COST LIMITS. S 4. Paragraph (a) of section 8 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school recon- struction act" is amended to read as follows: (a) [Pursuant to the authority granted to it by an agreement and any amendment or supplemental agreement thereto, between the city and the city school district creating the JSC board with reference to the JSC board and any amendments to those sections, the] THE JSC board, upon receipt of such plans and specifications for a project [from the city], may enter into contracts ACTING THROUGH THE CITY'S DIVISION OF PURCHASE AND SUBJECT TO THE APPROVAL OF THE CITY ENGINEER AND CORPORATION COUNSEL on behalf of the city or the city school district, or both, for such project. S 5. Subdivisions (a) and (c) of section 9 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of
education of the city school district of the city of Syracuse cooper- ative school reconstruction act" are amended to read as follows: (a) Notwithstanding the provisions of any general, special, or local law to the contrary, a contract entered into between the JSC board and any person pursuant to this act may be awarded either pursuant to public bidding in compliance with section 103 of the general municipal law or, in order to foster major investment in existing school buildings and to deliver quality products and services that are beneficial to the city and the city school district and the public they serve, pursuant to the following provisions of this act for the award of a contract based on evaluation of proposals submitted in response to a request for proposals prepared by or for the JSC board. PROVIDED, HOWEVER, THAT THE JSC BOARD SHALL HAVE THE OPTION OF OBTAINING PROFESSIONAL SERVICES INCLUDING BUT NOT LIMITED TO AN INDEPENDENT PROGRAM MANAGER, CONSTRUCTION MANAGERS, ARCHITECTS, ENGINEERS, FINANCIAL EXPERTS, AND DIVERSITY COMPLIANCE SERVICES THROUGH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON COUNCIL FOR SUCH CONTRACT AWARDS. (c) Prior to the issuance of a request for proposals pursuant to this act, EXCEPT THOSE ISSUED PURSUANT TO THE CITY'S STANDARD REQUEST FOR PROPOSALS, the JSC board shall publish notice of such issuance in the official newspaper of the city, if any, and in at least one newspaper of general circulation. Concurrent with the publication of such notice, a draft request for proposals shall be filed with the JSC board. After allowing a thirty day comment period and an additional ten days to review such comments, the JSC board may publish the final request for proposals and concurrent with such publication shall publish notice of such issuance in the manner specified in this subdivision. Concurrent with the publication of the final request for proposals, a set of comments filed in relation to the draft request for proposals and find- ings related to the substantive elements of such comments shall be filed along with the request for proposals with the JSC board and in the public library or libraries in proximity to the proposed project. S 6. Subdivisions (a) and (d) of section 10 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooper- ative school reconstruction act" are amended to read as follows: (a) The JSC board may require a contractor awarded a PUBLIC contract, subcontract[, lease, grant, bond, covenant] or other agreement for a project to enter into a project labor agreement during and for the work involved with such project when such requirement is part of the JSC board's [request for proposals] SPECIFICATIONS for the project and when the JSC board determines that the record supporting the decision to enter into such an agreement establishes that it is justified by the interests underlying the competitive bidding laws. IN ADDITION, THE JSC BOARD MAY CHOOSE TO EXTEND THE PROJECT LABOR AGREEMENT ENTERED INTO FOR THE FIRST PHASE OF THE JSC CONSTRUCTION PROJECTS TO THE PROJECTS AUTHOR- IZED HEREIN. (d) Every contract entered into by the JSC board for a project shall contain a provision that the design of such project shall be subject to the review and approval of the city school district AND THE CITY ENGI- NEER and that the design and construction standards of such project shall be subject to the review and approval of the commissioner. In addition, every such contract shall contain a provision that the contractor shall furnish a labor and material bond guaranteeing prompt payment of moneys that are due to all persons furnishing labor and mate-
rials pursuant to the requirements of any contracts for a project under- taken pursuant to this act and a performance bond for the faithful performance of the project, which shall conform to the provisions of section 103-f of the general municipal law, and that a copy of such performance and payment bonds shall be kept by the city and shall be open to public inspection. S 7. Section 11 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended to read as follows: S 11. (a) All contracts entered into by the JSC board for projects [undertaken pursuant to this act] PURSUANT TO SUBDIVISION (A) OF SECTION FIVE OF THIS ACT shall be managed by an independent program manager. Selection of the program manager shall be pursuant to the competitive process established in section seven of this act. The program manager shall have experience in planning, designing, and constructing new and/or reconstructing existing school buildings, public facilities, commercial facilities, and/or infrastructure facilities, and in the negotiation and management of labor contracts and agreements, training programs, educational programs, and physical technological requirements for educational programs. The program manager shall manage all projects undertaken pursuant to SUBDIVISION (A) OF SECTION FIVE OF this act, review project schedules, review payment schedules, prepare cost esti- mates and assess the safety programs of contractors and all training programs, if required. The program manager shall implement procedures for verification by it that all work for which payment has been requested has been satisfactorily completed. (b) ALL CONSTRUCTION AND DESIGN CONTRACTS ENTERED INTO BY THE JSC BOARD FOR PROJECTS PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT SHALL BE MANAGED BY THE CITY ENGINEER IN AGREEMENT WITH THE SCHOOL DISTRICT OR, AT THE DISCRETION OF THE JSC BOARD, AN INDEPENDENT PROGRAM MANAGER OR CONSTRUCTION MANAGERS SELECTED FOR ONE OR MORE PROJECTS. SELECTION OF THE PROGRAM MANAGER AND/OR THE CONSTRUCTION MANAGER OR MANAGERS SHALL BE PURSUANT TO A COMPETITIVE PROCESS ESTABLISHED IN ACCORDANCE WITH THE CITY'S STANDARD REQUEST FOR PROPOSALS PROCESS USING THE JSC BOARD AS THE APPROVING GOVERNING BODY INSTEAD OF THE COMMON COUNCIL FOR SUCH CONTRACT AWARDS. THE PROGRAM MANAGER SHALL HAVE EXPERI- ENCE IN PLANNING, DESIGNING, AND CONSTRUCTING NEW AND/OR RECONSTRUCTING EXISTING SCHOOL BUILDINGS IN NEW YORK STATE, PUBLIC FACILITIES, COMMER- CIAL FACILITIES, AND/OR INFRASTRUCTURE FACILITIES, AND IN THE NEGOTI- ATION AND MANAGEMENT OF LABOR CONTRACTS AND AGREEMENTS, TRAINING PROGRAMS, EDUCATIONAL PROGRAMS, AND PHYSICAL TECHNOLOGICAL REQUIREMENTS FOR EDUCATIONAL PROGRAMS. THE PROGRAM MANAGER SHALL MANAGE ALL PROJECTS ASSIGNED BY THE JSC BOARD TO THE PROGRAM MANAGER AND UNDERTAKEN PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT, REVIEW PROJECT SCHED- ULES, REVIEW PAYMENT SCHEDULES, PREPARE COST ESTIMATES AND ASSESS THE SAFETY PROGRAMS OF CONTRACTORS AND ALL TRAINING PROGRAMS, IF REQUIRED. THE PROGRAM MANAGER SHALL IMPLEMENT PROCEDURES FOR VERIFICATION BY IT THAT ALL WORK FOR WHICH PAYMENT HAS BEEN REQUESTED HAS BEEN SATISFAC- TORILY COMPLETED. PROVIDED, HOWEVER, THAT THE JSC BOARD MAY CHOOSE TO UTILIZE THE SERVICES OF AN INDEPENDENT CONSTRUCTION MANAGER AT ONE OR MORE OF THE PROJECTS TO BE AUTHORIZED HEREIN WITH SAID CONSTRUCTION MANAGER MANAGING THE PROJECT WITHIN THE MANAGEMENT PLAN SET FORTH BY THE INDEPENDENT PROGRAM MANAGER AND THE JSC BOARD.
(C) The program manager, and its affiliates or subsidiaries, if any, shall be prohibited from awarding contracts or being awarded contracts for or performing any work on projects undertaken pursuant to this act. S 8. Intentionally omitted. S 9. Section 13 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended to read as follows: S 13. Notwithstanding any general, special, or local law or ordinance to the contrary, contracts entered into by the JSC board for projects undertaken pursuant to this act: (A) MAY BE INITIALLY FUNDED BY THE CITY FROM ANY AVAILABLE MONIES OR FROM THE PROCEEDS OF CITY OBLIGATIONS ISSUED IN ANTICIPATION OF PERMANENT FINANCING FROM ANY SOURCE PROVIDED UNDER THE ACT AND THE REIMBURSEMENT TO THE CITY OF ANY AVAILABLE MONIES SO ADVANCED OR THE PAYMENT OF OBLIGATIONS OF THE CITY ISSUED IN ANTIC- IPATION OF PERMANENT FINANCING (INCLUDING PERMANENT FINANCING ISSUED THROUGH THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY FOR SUCH PURPOSE) IS HEREBY SPECIFICALLY AUTHORIZED, AND (B) (1) may be funded by certificates of participation issued by the city pursuant to this act; (2) may be installment purchased contracts; and (3) shall be subject to the provisions of section 109-b of the general municipal law, except for paragraph (a) of subdivision 3 of such section, subdivision 5 of such section, and paragraph (c) of subdivision 6 of such section, and except to the extent section 109-b of the general municipal law is inconsistent with the provisions of this act. All provisions with reference to installment purchase contracts or certificates of participation contained in section 109-b of the general municipal law, except any prohibition against using such installment purchase contracts or certif- icates of participation for the purposes set forth in this act, shall apply to installment purchase contracts or certificates of participation entered into or issued pursuant to the authority of this section of this act. S 10. Section 14 of part A-4 of chapter 58 of the laws of 2006 enact- ing the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended by adding a new subdivision (c) to read as follows: (C) PAYMENT OF DEBT SERVICE ON BONDS, NOTES OR OTHER OBLIGATIONS ISSUED TO SECURE FINANCING FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT SHALL NOT BE CONSIDERED WHEN DETERMINING THE "CITY AMOUNT" REQUIRED PURSUANT TO SUBPARAGRAPH (II) OF PARAGRAPH A OF SUBDIVISION 5-B OF SECTION 2576 OF THE EDUCATION LAW; PROVIDED, HOWEVER, THAT THIS PROVISION SHALL NOT OTHERWISE AFFECT THE DETERMINATION OF SAID "CITY AMOUNT" WITH RESPECT TO FUNDING UNRELATED TO PROJECTS UNDERTAKEN PURSU- ANT TO THIS ACT. S 11. Subdivision (a) of section 16 of part A-4 of chapter 58 of the laws of 2006 enacting the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended to read as follows: (a) Notwithstanding any limitations contained in article 18-A of the general municipal law, including subdivisions 4[,] AND 12 [and 13] of section 854 and section 926 of the general municipal law, a project undertaken pursuant to this act shall be a "project" within the defi- nition and for the purposes of subdivision 4 of section 854 of the general municipal law, which may be financed by the city of Syracuse industrial development agency or any successor agency thereto AND THE CITY OF SYRACUSE INDUSTRIAL DEVELOPMENT AGENCY IS EXPRESSLY AUTHORIZED
TO REFINANCE OBLIGATIONS ISSUED BY THE CITY IN ANTICIPATION OF FINANCING AUTHORIZED BY THIS ACT AND/OR REIMBURSE THE CITY FOR MONIES ADVANCED BY THE CITY FOR PROJECTS UNDERTAKEN PURSUANT TO THIS ACT. In connection with the city of Syracuse industrial development agency financing the costs of any project undertaken pursuant to this act, the city and the city school district may grant a leasehold or license interest in the project and school building site constituting such project to the city of Syracuse industrial development agency. All contracts involving any such projects shall be awarded by the JSC board pursuant to the compet- itive [process] PROCESSES outlined in [section] SECTIONS seven, EIGHT AND NINE of this act [and shall comply with the provisions of section eight of this act]. A project undertaken pursuant to this act may be financed through a special program agreement with the state of New York municipal bond bank agency pursuant to the provisions of section 2435-a of the public authorities law. It shall be the duty of the JSC board, the city school district and the city to compare the financing available for such projects through the city of Syracuse industrial development agency with financing available through the state of New York municipal bond bank agency, and to employ the financing mechanism that will result in the lowest cost to the taxpayers of the city and the state. It shall be the duty of the JSC board, the city school district, the city and the city of Syracuse industrial development agency to share with the state of New York municipal bond bank agency any information in their possession that is required by the state of New York municipal bond bank agency to determine the cost of financing such projects and to compute the interest rate that would have been applicable to a bond issuance by the state of New York municipal bond bank agency in the event that financing is obtained through the city of Syracuse industrial develop- ment agency. Any failure to provide such information within thirty days of receipt of a request from the state of New York municipal bond bank agency shall be deemed to be a failure of the city school district to submit the data needed to compute the apportionment of state building aid, and the commissioner shall withhold such apportionment until such information is fully submitted. Upon request of the city school district, the director of the state of New York municipal bond bank agency shall submit such reports as the commissioner may require on the financing of such projects and/or the interest rate that would have been applicable to such projects if they had been financed through such agen- cy. S 12. Section 19 of part A-4 of chapter 58 of the laws of 2006 enact- ing the "city of Syracuse and the board of education of the city school district of the city of Syracuse cooperative school reconstruction act" is amended to read as follows: S 19. (A) On January 15, 2007 and annually thereafter, until completion of the [seven] projects authorized pursuant to this act, the JSC board shall issue a report to the governor, the comptroller, the commissioner, the temporary president of the senate, the speaker of the assembly, the city, the common council and the city school district on the progress and status of the projects undertaken by the JSC board. Provided further, that if any such entities request information on the progress and status of the projects prior to such report, it shall be provided to such entities by the JSC board. [In addition, on] (B) ON or before June 30, 2014 or upon the completion of the [seven] projects authorized pursuant to SUBDIVISION (A) OF SECTION FIVE OF this act, whichever shall first occur, the JSC board shall issue a report to the city, the city school district, the
governor, the commissioner, the comptroller, the temporary president of the senate, the minority leader of the senate, the speaker of the assem- bly, the minority leader of the assembly, the state board of regents, and the chairs and ranking minority members of the New York state senate and assembly committees on education, the finance committee of the New York state senate, and the ways and means committee of the New York state assembly. Such report shall identify the fiscal and pedagogical results of the projects undertaken pursuant to this act, along with recommendations for its continuance, amendments, or discontinuance. (C) ON OR BEFORE JUNE 30, 2020 OR UPON THE COMPLETION OF THE PROJECTS AUTHORIZED PURSUANT TO SUBDIVISION (B) OF SECTION FIVE OF THIS ACT, WHICHEVER SHALL FIRST OCCUR, THE JSC BOARD SHALL ISSUE A REPORT TO THE CITY, THE CITY SCHOOL DISTRICT, THE GOVERNOR, THE COMMISSIONER, THE COMPTROLLER, THE TEMPORARY PRESIDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE SPEAKER OF THE ASSEMBLY, THE MINORITY LEADER OF THE ASSEMBLY, THE STATE BOARD OF REGENTS, AND THE CHAIRS AND RANKING MINORI- TY MEMBERS OF THE NEW YORK STATE SENATE AND ASSEMBLY COMMITTEES ON EDUCATION, THE FINANCE COMMITTEE OF THE NEW YORK STATE SENATE, AND THE WAYS AND MEANS COMMITTEE OF THE NEW YORK STATE ASSEMBLY. SUCH REPORT SHALL IDENTIFY THE FISCAL AND PEDAGOGICAL RESULTS OF THE PROJECTS UNDER- TAKEN PURSUANT TO THIS ACT, ALONG WITH RECOMMENDATIONS FOR ITS CONTIN- UANCE, AMENDMENTS, OR DISCONTINUANCE. S 13. This act shall take effect immediately; provided, however, that all resolutions, actions, obligations and approvals of the JSC board, as defined in subdivision (f) of section 4 of part A-4 of chapter 58 of the laws of 2006, as amended in section one of this act, taken prior to the effective date of this act shall remain in full force and effect and be treated as resolutions, actions, obligations and approvals of such board.

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