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Wednesday, February 13, 2008

The Bill

- This is a copy of the franchise agreement expected to be passed by the state legislature today.

10 Comments:

Michael said...

While I'll admit that they were probably the best candidate considering the others involved, I still think making a 25-to-30 year agreement is a huge mistake.

NYRA reminds me of the kid who is a terror 10 months out of the year but then starts acting good in November b/c he knows Santa is coming soon.

What is NYRA going to be like in 2 or 3 years when there is the better part of a quarter century between them and losing the franchise?

Scandal?
Corruption?
Dilapidated facilities?

Why care when you've got the franchise locked up for another 20+ years (and slots).

alan said...

Understood, but the agreement does include reviews and benchmarks that I'll try to detail later on.

Anonymous said...

Come on, Alan. The performance standards require NYRA to use their 'best efforts' (see page 9 of bill). Everything else is fluff.

How do you fail materially breach a performace standard that you simply have to use 'best efforts' to satisfy?

alan said...

>>Come on, Alan. The performance standards require NYRA to use their 'best efforts' (see page 9 of bill). Everything else is fluff.

Thanks, duly noted. Need some time to read it over and I'll likely have a comment or two!

Anonymous said...

No competive bidding anymore -- the Getnick clause.

Less regulation. This is a joke and we all get to pay for it.

Anonymous said...

Thanks, Alan, for posting the breaking franchise news from Albany and link to what appears to be another legislative masterpiece. Let's all hope for the best. Look forward to seeing an abstract of the bill, hopefully Alan will undertake this task, and Ben Liebman as well. I started to scroll through the thing but I soon became cross-eyed; it's a work of art only some legislative draftsman-in-training could love. Who do you think will take credit for this baby? Have any of the usual suspects rushed to the microphones yet?
/S/Green Mtn Punter

jk said...

I'm glad this is over and I can refocus on NY State Bred Maiden Claimers!

Anonymous said...

Just heard that there is some "concern" in Albany about the deal?

Anonymous said...

I was wrong -- section 208 (6) a competitivebidding policy will be adopted by the oversight board.

They striped all the previous bidding langauge later in the bill which really makes no sense unless they expect Newman will continue to roll over like a trained dog.

Getnick has his own section -- 206 (5) -- likes he's independant!

and what do we call the new franchisee?

"Association" has been replaced by corporation. NYRC?

Requires Project Labor Agreements for construction too -- hwat's that got to do with racing?

Anonymous said...

The competitive bidding requirement of 208(6) is to be consistent with a 'policy' approved by the franchise oversight board. The franchise oversight board has the ability to review all contracts on the basis of character and fitness of the vendor ... but didn't the MOU say that the new state entity would be operated with a small staff? How are they going to do anything?

What makes you think Spitzer will keep Newman? Newman was a Silver appointee and simply permitted to governor to select someone other than a Bruno or Pataki appointee. Newman is a self-confessed idiot. In the last OB meeting he seemed genuinely proud that he didn't know how to spell 'pari-mutuel'. Watch the video.

Spitzer can do better. It wouldn't be difficult.