CONNECTICUT STATUTES AND CODES
Sec. 32-655. Powers of the Secretary of the Office of Policy and Management.
Sec. 32-655. Powers of the Secretary of the Office of Policy and Management.
(a) Except as otherwise limited by sections 32-650 to 32-668, inclusive, the secretary
may:
(1) Acquire, by condemnation, gift, purchase, lease, lease-purchase, exchange or
otherwise, the real property comprising the Adriaen's Landing site and the stadium
facility site and such other real property determined to be necessary by the secretary
for off-site infrastructure improvements related to the development of the Adriaen's
Landing site or the stadium facility site or for temporary use for construction staging
or replacement parking during the period of construction as contemplated by the master
development plan, including the exchange of real property acquired by the secretary
under authority of this chapter for other real property in circumstances where the secretary determines that such exchange will better conform site boundaries to final plans
or otherwise facilitate the layout, development or financing of the public and private
improvements contemplated by the master development plan;
(2) Select, engage and compensate surveyors, appraisers, engineers, architects and
other providers of professional, management, financial or technical services and undertake or arrange for engineering, architectural, environmental, legal, fiscal and economic
investigations and studies, surveys, designs, plans, working drawings, specifications,
procedures and other activities incidental thereto;
(3) Lease or sublease, as lessor or lessee or sublessor or sublessee, convey, and grant
temporary or permanent easements and rights-of-way and enter into access, support,
common area maintenance and similar agreements with respect to, any real property in
connection with the overall project and the on-site related private development, including leases or subleases, as lessor or lessee or sublessor or sublessee, of off-site real
property in connection with site acquisition arrangements, on terms to be determined
by the secretary;
(4) Enter into agreements, pursuant to which the state may be obligated, among
other things, to (A) acquire or provide the stadium facility site, or all or any portion of
the Adriaen's Landing site, (B) provide bond proceeds or other state moneys with which
to pay project costs, and (C) plan, undertake, perform or otherwise provide for the site
preparation, the implementation of the infrastructure improvements and the development of the overall project, and, upon completion or at such other time determined by
the secretary and the authority, transfer to the authority ownership of, and any other
rights and obligations of the secretary with respect to the related parking facilities;
(5) Plan, design, develop, construct, finish, furnish, equip, replace, alter, restore,
reconstruct, improve or enlarge and enhance the overall project and engage in other
activities incidental thereto, including the coordination of public and private parking
facilities, and, subject to section 32-656, enter into such construction, development,
project management, construction management, design-build or other types of contracts
or arrangements with respect to the overall project and, subject to the proper allocation
of costs, all or any portion of the on-site related private development including provisions
with respect to incentive fees for timely completion of improvements at or under budget
and such requirements with respect to GMP, adherence to the project schedule, assumption of force majeure and completion risk, surety and performance bonding, insurance,
letters of credit and financial guarantees and other assurances of performance and completion as the secretary determines to be appropriate in order to assure adherence to the
project budget or may otherwise deem prudent, expedient and in the best interests of
the state, provided that the development or project management agreement with the
project manager shall require that construction contracts for all major elements of the
overall project for which the project manager is responsible be awarded on a GMP basis
at prices consistent with the project budget unless the Secretary determines that a waiver
of the GMP requirement is in the best interest of the state;
(6) License or manage any retail or commercial areas within the stadium facility
and engage in other activities incidental thereto;
(7) Undertake, perform or otherwise provide for stadium facility operations, establish and carry out booking and scheduling policies, marketing and promotional programs
and box office and ticketing operations, fix rental, usage, license, event-related and
parking fees and charges, enter into lease, license or other agreements with respect to
university and other events at the stadium facility and related uses, which shall give
priority in scheduling to university home football games and which may give priority
in scheduling to other university-sponsored events, enter into management contracts
with respect to the overall management and operation of the stadium facility and stadium
parking, and enter into other agreements with respect to stadium facility operations
including, but not limited to, event leases, licenses or similar arrangements, the sale of
naming rights, ticketing, advertising, media, broadcast, concessions, merchandising,
marketing, facility maintenance, common area maintenance, safety, security, utility,
service, supply and similar contracts, easements and rights-of-way for stadium facility
access, and lease, license, rental or other use agreements for stadium parking, including
the parking license agreement with United Technologies Corporation contemplated by
section 32-650, and arrangements for off-site parking and shuttle service, sufficient to
satisfy projected peak stadium facility parking demand;
(8) Coordinate the overall project and stadium facility operations with other departments or agencies of the state, any municipality, political subdivision, quasi-public
agency, public authority or other public body including, but not limited to, the university,
the Metropolitan District Commission and the authority, each of which, notwithstanding
any provision of the general statutes, may enter into a written agreement with the secretary and, if necessary, any private party respecting the coordination, funding, performance and completion of such work and activities;
(9) Coordinate the overall project with any developer, private investor, general contractor, construction manager or other participant with respect to all or any part of the
on-site related private development, enter into such agreements with such developers,
private investors, general contractors, construction managers or other participants as
may be necessary or appropriate to facilitate the coordinated development of the overall
project and the on-site related private development, including with respect to site assembly, site preparation, common area maintenance and security and similar arrangements,
or to secure private investment commitments for related private development, including
agreements with respect to the sequence and schedule of public and private investment
in the overall project and the on-site related private development;
(10) Arrange for, participate in, pay for or contribute to and procure directly or
through the authority or a private entity or private entities, such policy or policies of
insurance with respect to the overall project and stadium facility operations as the secretary shall determine is appropriate, necessary or desirable, including, but not limited to
an owner-controlled insurance program or an insurance program consolidated in such
manner as the secretary, the authority and such private entity and entities determine is
appropriate with respect to general liability, environmental liability, professional liability, casualty, property, title, business interruption, business risk, force majeure, completion and other insurable risks including extra expense or other insurance coverages
associated with and available for such risks in connection therewith, including in lieu
of any of the foregoing such financial guarantees as may be available for such risks.
The costs of any such insurance program or financial guarantees allocable to any aspect
of the overall project are confirmed as within the meaning of project costs;
(11) Make and execute any other contracts and all other instruments necessary or
convenient or desirable for the exercise of the powers and functions of the state and
coordinate, delegate, implement and complete any or all of the overall project;
(12) Delegate or assign to the authority or any other agency, department or public
instrumentality of the state, including any quasi-public agency, such rights, interests,
activities, responsibilities and obligations of the secretary as, in the opinion of the secretary, are appropriate, necessary or desirable in order to effectuate the overall project or
to provide for stadium facility operations;
(13) Accept gifts, grants of funds, property or services for the overall project, stadium facility operations or any aspect thereof from any source, public or private, and
comply, subject to the provisions of sections 32-650 to 32-668, inclusive, with the terms
and conditions of such gift or grant, provided nothing in sections 32-650 to 32-668,
inclusive, shall be construed to authorize the expenditure for project costs of the overall
project of other state funds not authorized, appropriated or otherwise designated for
such purpose pursuant to sections 32-650 to 32-668, inclusive, or otherwise identified
for such purpose in the master development plan as filed with the clerks of the Senate
and the House of Representatives on March 3, 2000, and further provided nothing in
said sections 32-650 to 32-668, inclusive, shall be construed to authorize the expenditure
for project costs of the stadium facility project of any state funds other than those authorized under section 32-652;
(14) Pay or reimburse the Office of Policy and Management, the authority, the
university and other affected state agencies and political subdivisions of the state and
any third parties incurring such costs at the request or with the approval of the state as
certified by the secretary, for project costs of the overall project including, without
limitation, preliminary costs arising prior to July 1, 1999, or costs under subsection (e)
of section 32-605 or sections 32-654, 32-654a, 32-655a, 32-655b and 32-666a; and
(15) Do any and all other things necessary or convenient to carry out the purposes
of and exercise the powers expressly granted pursuant to the secretary under sections
32-650 to 32-668, inclusive.
(b) The secretary, through the chief elected official of the town of East Hartford,
shall establish an ongoing process for community input to the secretary and the stadium
facility manager as to matters of local concern relating to the operation of the stadium
facility. Such process shall include the establishment of a local advisory committee for
the purpose of identifying, discussing and formulating recommendations with respect
to ongoing relations between the stadium facility and the town of East Hartford. Such
advisory committee shall be chaired by the chief elected official of the town of East
Hartford and shall include two residents of the town of East Hartford living in the vicinity
of the stadium facility and representatives of the stadium facility manager, the party
furnishing the stadium facility site, the police department and the fire department of the
town of East Hartford, the Office of Policy and Management and the university. Such
advisory committee shall meet as needed as determined by the chief elected official of
the town of East Hartford. Members of such advisory committee shall serve without
compensation. The agreement with the stadium facility manager shall include such limitations on types of events and hours of operation at the stadium facility as the secretary
shall determine to be reasonable and appropriate in light of the public purposes of the
stadium facility and the impact of stadium operations on neighboring areas in the town
of East Hartford. The secretary shall enter into an agreement with the town of East
Hartford and any other affected town providing for the reimbursement of the reasonably
determined incremental costs to such towns of additional public safety personnel required prior to, during and following events at the stadium facility as a result of expected
crowds, traffic and other event-related activities. Such costs may be allocated by
agreement between the secretary and the university and other event sponsors.
(c) The secretary shall designate a stadium facility operations contract compliance
officer from the Office of Policy and Management to monitor compliance of the stadium
facility operations with the provisions of state law applicable to such operations, including, but not limited to, subsection (e) of section 32-605 and sections 32-650 to 32-668,
inclusive, and with applicable requirements of contracts entered into by the secretary,
relating to set-asides for small contractors and minority business enterprises and required
efforts to hire available and qualified members of minorities, as defined in section 32-9n, and available and qualified residents of the town of East Hartford and the city of
Hartford for jobs in such operations. Such officer shall file, each year during the period
of stadium facility operations, a written report with the secretary as to findings and
recommendations regarding such compliance.
(P.A. 99-241, S. 31, 66; P.A. 00-140, S. 9, 40; P.A. 02-103, S. 50; June 30 Sp. Sess. P.A. 03-6, S. 61; May Sp. Sess.
P.A. 04-2, S. 42, 43.)
History: P.A. 99-241 effective July 1, 1999; P.A. 00-140 deleted provisions re former Hartford Sportsplex project,
revised the secretary's powers and added provisions re the Adriaen's Landing and Rentschler Field stadium facility projects
and made technical changes, effective May 2, 2000; P.A. 02-103 made a technical change in Subsec (a)(14); June 30 Sp.
Sess. P.A. 03-6 amended Subsec. (a)(5) to add provision authorizing secretary to waive GMP requirement when a waiver
is in best interests of state, effective August 20, 2003; May Sp. Sess. P.A. 04-2 amended Subsec. (a)(1) to authorize
exchanges of real property in the assembling of property for the Adriaen's Landing site and the stadium facility site, and
amended Subsec. (a)(3) to authorize certain conveyances of property and easements and to authorize certain agreements
regarding real property, effective May 12, 2004.