§ 8 — Provisions relating to health facilities improvement program

§ 8. Provisions relating to health facilities improvement program. 1.\nMunicipal health facilities agency. The mayor or other chief executive\nof a municipality shall designate a department, board, commission,\nbureau, division or other agency or official to act on behalf of the\nmunicipality as a municipal health facilities agency in order to\naccomplish the purposes of this section and section forty-seven-d of the\nprivate housing finance law.\n 2. Construction. a. The corporation shall, as agent of the state\nhousing finance agency, construct a health facility or health facilities\nor cause such facility or facilities to be constructed, provided that:\n (i) The state housing finance agency or the state medical care\nfacilities finance agency, as the case may be, and the municipality,\nwith the approval of the governing body, have entered into an agreement\nwhich shall set forth the health facility or health facilities to be\nconstructed, the total estimated cost of each such facility, the\nestimated date of completion thereof and the estimated annual rentals to\nbe paid by the municipality therefor. The agreement shall contain such\nother terms and conditions as may be agreed upon and shall be subject to\nthe approval of the commissioner of health. Nothing herein contained\nshall preclude the corporation from being a party to any such agreement.\n (ii) The commissioner of health shall have certified that there has\nbeen compliance with all requirements of article twenty-eight of the\npublic health law.\n b. When two or more municipalities act jointly to provide a health\nfacility, the agreement referred to in subparagraph (i) of paragraph a\nof this subdivision shall require the approval of the governing body of\neach municipality and shall specify the rights, duties and obligations\nof each municipality.\n c. The corporation shall prepare separate specifications for and\nsolicit separate and independent bids on and award separate contracts on\nthe subdivisions of work to be performed specified in section one\nhundred thirty-five of the state finance law, but the corporation in its\ndiscretion may assign such contracts for supervision to the successful\nbidder for the remaining work to be performed at the time the contracts\nfor the particular health facility are awarded. Each contract for the\nconstruction of a health facility may include a provision that the\narchitect who designed the facility, or an architect or engineer\nretained or employed specifically for the purpose of supervision, shall\nsupervise the work to be performed through to completion and shall see\nto it that the materials furnished and the work performed are in\naccordance with the drawings, plans, specifications and contracts\ntherefor.\n d. All contracts which are to be awarded pursuant to this subdivision\nshall be awarded by public letting in accordance with the following\nprovisions, notwithstanding the provisions of section one hundred\nthirty-six, one hundred thirty-nine or one hundred forty of the state\nfinance law, except that the corporation in its discretion may enter\ninto a contract for such purposes without public letting where the\nestimated expense thereof is less than ten thousand dollars.\n (i) If the contracts are to be publicly let, the corporation shall\nadvertise the invitation to bid in a newspaper published in the\nmunicipality in which the health facility project is situated and in\nsuch other newspapers as will be most likely in its opinion to give\nadequate notice to contractors of the work required and of the\ninvitation to bid. The invitation to bid shall contain such information\nas the corporation shall deem appropriate and a statement of the time\nand place where all bids received pursuant to such notice will be\npublicly opened and read.\n (ii) The corporation shall not award any contract after public bidding\nexcept to the lowest bidder who in its opinion is qualified to perform\nthe work required and is responsible and reliable. The corporation may,\nhowever, reject any or all bids, again advertise for bids, or waive any\ninformality in a bid if it believes that the public interest will be\npromoted thereby. The corporation may reject any bid if in its judgment\nthe business and technical organization, plant, resources, financial\nstanding or business experience of the bidder, compared with the work to\nbe performed, justify such rejection.\n (iii) The invitation to bid and the contract awarded shall contain\nsuch other terms and conditions and such provisions for penalties as the\ncorporation may deem desirable.\n (iv) The corporation shall require such deposits, bonds and security\nin connection with the submission of bids, the award of contracts and\nthe performance of work as it shall determine to be in the public\ninterest and for the protection of the state housing finance agency or\nthe state medical care facilities finance agency, as the case may be,\nand the municipality.\n (v) The directors of the corporation shall determine when minor work\nof construction, reconstruction, alteration or repair of any health\nfacility may be done by special order. Special orders for such work\nshall be short-form contracts. No work shall be done by special order in\nan amount in excess of twenty thousand dollars and a bond shall not be\nrequired for special orders. No work shall be done by special order\nunless a diligent effort has been made to obtain competition sufficient\nto protect the public interest prior to selecting the contractor to\nperform the work. Notwithstanding any other provision of this paragraph\nwork done by special order under this subparagraph may be advertised\nthrough the regular public notification service of the office of general\nservices or the state register. At least five days shall elapse between\nthe first publication of such public notice and the date so specified\nfor the public opening of bids. All payments on special orders shall be\nmade on the certificate of the directors of the corporation. All special\norders shall contain a clause that the special order shall only be\ndeemed executory to the extent of the moneys available and no liability\nshall be incurred by the corporation or the state beyond the moneys\navailable for the purpose.\n