§ 1740. Use of outside design, drafting or inspection services. 1. All\ndesign, drafting or inspection services necessary in connection with the\napproved educational facilities capital plan shall be performed by\nappropriate employees of the authority, except as otherwise provided in\nthis section.\n 2. a. The authority will undertake design, drafting and inspection\nservices with employees of the authority so that (i) not less than\ntwenty percent of such work performed in the years ending June\nthirtieth, nineteen hundred eighty-nine, and June thirtieth, nineteen\nhundred ninety will be so undertaken;
(ii)not less than thirty percent\nof such work performed in the year ending June thirtieth, nineteen\nhundred ninety-one will be so undertaken; and (iii) not less than forty\npercent o
Free access — add to your briefcase to read the full text and ask questions with AI
§ 1740. Use of outside design, drafting or inspection services. 1. All\ndesign, drafting or inspection services necessary in connection with the\napproved educational facilities capital plan shall be performed by\nappropriate employees of the authority, except as otherwise provided in\nthis section.\n 2. a. The authority will undertake design, drafting and inspection\nservices with employees of the authority so that (i) not less than\ntwenty percent of such work performed in the years ending June\nthirtieth, nineteen hundred eighty-nine, and June thirtieth, nineteen\nhundred ninety will be so undertaken; (ii) not less than thirty percent\nof such work performed in the year ending June thirtieth, nineteen\nhundred ninety-one will be so undertaken; and (iii) not less than forty\npercent of such work performed in the year ending June thirtieth,\nnineteen hundred ninety-two and thereafter will be so undertaken. Each\nsuch percentage shall be determined by the value of the work performed\nfor its respective fiscal year for such design, drafting and inspection\nservices in the approved educational facilities capital plan.\n b. Notwithstanding the provisions of paragraph a of this subdivision,\ndesign, drafting and inspection services may be performed by persons\nother than employees of the authority in any given fiscal year when the\namount of services allowed to be performed by persons other than\nemployees of the authority pursuant to the provisions of this\nsubdivision have been exhausted for that fiscal year, and when:\n (1) Performance by persons other than employees of the authority is\nnecessary to avoid a conflict of interest, as defined in regulations\npromulgated by the authority, and is a direct consequence of an accident\nor other unforeseen circumstance; or\n (2) (A) Current employees of the authority are otherwise engaged and\ncannot be reassigned to perform the services; (B) new employees cannot\nbe hired within a reasonable time to perform such services; and (C) such\nservices are needed in connection with work undertaken in response to an\nemergency. For purposes of this subparagraph, the term "emergency" shall\nmean a situation involving danger to life, safety or property which\nrequires immediate action, is essential to efficient operation or the\nadequate provision of service by the city board or the authority, and is\na direct consequence of an accident or other unforeseen circumstance.\n 3. a. Design, drafting or inspection services above the minimum\npercentages reserved for employees of the authority pursuant to\nparagraph a of subdivision two of this section may be performed by other\nthan appropriate employees of the authority if to do so is (i) cost\neffective, (ii) required to obtain special expertise not available\nthrough the appropriate employees of the authority, (iii) required to\nperform a service of short duration, (iv) required to respond to an\nemergency, or (v) required to avoid a conflict of interest.\n b. Prior to executing a contract for design, drafting or inspection\nservices pursuant to paragraph a of this subdivision, the authority\nshall prepare a specific statement which sets forth the objective data\nsupporting the reasons why the proposed contract meets one or more of\nthe requirements set forth in such paragraph. Where use of the contract\nis stated to be in compliance with subparagraph (i) of such paragraph,\nsuch statement shall include certification that the contract will not\ncause the displacement of authority employees.\n c. (1) Prior to the scheduled award of the contract proposed to be\nawarded pursuant to paragraph a of this subdivision, the authority shall\nprovide all employee organizations that represent authority employees\nwho would otherwise perform such work with copies of the statement\nrendered pursuant to paragraph b of this subdivision and the proposed\ncontract so that each such employee organization shall have at least\nfifteen days to object to the proposed contract. Any employee\norganization which provides a timely written notice of objection and the\nreasons therefor shall, unless the authority agrees in writing to\nwithdraw the proposed contract, be permitted to be heard by the\nauthority's trustees prior to the award of the contract.\n (2) Notwithstanding the provisions contained within subparagraph one\nof this paragraph, the employee organization may be provided less than\nthe required fifteen days to object to the proposed contract when the\ncontract is required to respond to an emergency as defined in\nsubparagraph two of paragraph b of subdivision two of this section;\nprovided, however, that all other provisions of such clause shall be\nobserved.\n 4. No later than ten days prior to the date set by the city charter\nfor the holding of hearings on the mayor's annual preliminary budget\nstatements for capital projects, the authority shall prepare a report\nspecifying the projects from the approved educational facilities plan\nwhich the authority plans to commit to during the next fiscal year. If\nthe authority intends to contract for design, drafting or inspection\nservices in connection with any project so specified, the report shall\nfurther specify (i) for which projects the services are needed; (ii) the\ntype of services to be provided pursuant to contract; (iii) the\nestimated cost of the contract; and (iv) the reason or reasons why award\nof the contract is consistent with this subdivision. The report shall be\nfiled in the authority's office and in the office of the city board, and\nshall be available to the public upon request. The authority shall file\nrevisions to the report so as to provide advance notice of not less than\nthirty days of additional projects that the authority plans to undertake\non which the authority intends to contract for design, drafting or\ninspection services. Such revisions shall be in accordance with the\ncriteria of this subdivision. Such revisions shall also identify\nprojects which the authority included in its report but which the\nauthority does not intend to pursue in the applicable fiscal year. The\nauthority shall file such revisions in the authority's office and in the\noffice of the city board, and such revisions shall be available to the\npublic upon request. Such report and revisions shall not preclude the\nauthority from entering into contracts or undertaking projects.\n 5. Nothing herein shall be deemed to create a cause of action against\nthe authority challenging the board's determination to award a contract\npursuant to subdivision three of this section, except to challenge a\nfailure by the authority to adhere to the process set forth in\nparagraphs b and c of subdivision three of this section.\n