New York Laws
Title 13-M - Rockland County Solid Waste Management Authority
2053-R - Contracts.

§ 2053-r. Contracts. 1. All contracts or orders for work, material or
supplies performed or furnished in connection with construction shall be
awarded by the authority pursuant to resolution of the governing body
except as hereinafter provided. Such awards, when applicable, shall be
made in compliance with paragraph (e) of subdivision four and
subdivision seven of section one hundred twenty-w of the general
municipal law. In any construction contract, the authority may provide a
program for the payment of damages for delays and incentive awards in
order to encourage timely project completion. An action, suit or
proceeding contesting the validity of a contract awarded pursuant to
this section, or the validity of the procedures relating to such award,
shall be governed by the provisions of subdivision six of section one
hundred twenty-w of the general municipal law and the term
"municipality" as used in such subdivision six shall mean the authority.

2. The person whose bid or proposal is accepted shall give security
for the faithful performance of the contract, and such other security as
the authority may require, and may be required to maintain any
construction done under the contract for such period as shall be
stipulated, all in the manner prescribed and required by the authority
and the sufficiency of such security shall, in addition to the
justification and acknowledgement, be approved by the authority. All
bids or proposals shall be publicly opened by the governing body or its
duly authorized agent. If the person whose bid or proposal has been
accepted after advertising shall neglect or refuse to accept the
contract within five days after written notice that the contract has
been awarded to him on his bid or proposal or if he accepts but does not
execute the contract and give proper security, the authority shall have
the right to declare his deposit forfeited. In case any work shall be
abandoned by any contractor, the authority may, if it determines that
the public interest is thereby served, adopt on behalf of the authority
any or all subcontracts made by such contractor for such work and all
such subcontractors shall be bound by such adoption if made. No bid or
proposal shall be accepted from or any contract awarded to any person or
corporation who is in arrears to the authority or the county upon any
obligation of the authority or of the county. Every contract shall be
executed in duplicate, one copy of which shall be held by the authority
and one copy of which shall be delivered to the contractor. The
authority may adopt, utilize, ratify and confirm any request for
proposals, invitation for sealed bids, plans, specifications and notices
heretofore or hereafter published by the county with respect to any
proposed project. The provisions of this section shall supersede any
inconsistent provisions of the general municipal law, or any other
general, special or local law, or the charter of the county. The
authority shall be deemed an authority for the purpose of section
twenty-eight hundred seventy-eight of this chapter.

3. For the purposes of article fifteen-A of the executive law only,
the authority shall be deemed a state agency as that term is used in
such article, and its contracts for design, construction, services and
materials shall be deemed state contracts within the meaning of that
term as set forth in such article.