Section 236. Contracts for projects


Latest version.
  • 1. The commissioner, in the name of the
      state,  may  enter  into  contracts with municipalities, counties or the
      city of New York to  undertake  rail  preservation  projects,  or  local
      street  or  highway  projects,  and any such municipality, county or the
      city of New York may enter into a contract with  the  commissioner.  Any
      such  contract  may include such provisions as may be agreed upon by the
      parties  thereto,  and  shall  include,  in  substance,  the   following
      provisions:
        a.  an estimate of the reasonable cost of the project as determined by
      the commissioner;
        b. an agreement by the commissioner to pay to the municipality, county
      or the city of New York during the progress of construction or following
      completion of construction as may be agreed  upon  by  the  parties,  an
      amount,  not  to  exceed  the  total  cost of the project or such lesser
      amount as may have been established  pursuant  to  section  two  hundred
      thirty-five;
        c. an agreement by the municipality, county or city of New York;
        (i)  to  proceed  expeditiously  with,  and  complete,  the project as
      approved by the commissioner,
        (ii) to apply  for  or  make  reasonable  efforts  to  secure  federal
      assistance, if any, for the project,
        (iii)  to  secure the approval of the commissioner before applying for
      such federal assistance, in  order  to  maximize  the  amounts  of  such
      assistance  received  or  to  be  received  for all projects in New York
      state,
        (iv) to provide for the municipality's, county's or city of New York's
      share of the cost of the project, if any;
        d. A provision that, in the event that federal  assistance  which  was
      not  included  in the calculation of the state payment becomes available
      to the municipality, county or city of New York the amount of the  state
      payment  shall  be  recalculated  with  the  inclusion  of  such federal
      assistance and the municipality, county or city of New York shall pay to
      the state the amount by which the state payment  actually  made  exceeds
      the state payment determined by the recalculation.
        e.  In  connection  with  each  contract,  the commissioner shall keep
      adequate records of the amount of the payment by the state  and  of  the
      amount  of  federal  assistance,  if  any, received by the municipality,
      county or city of New York.  Such  records  shall  be  retained  by  the
      commissioner  and  shall  establish  the basis for recalculations of the
      state payment as required herein.