§ 1728. Powers and duties of the authority. The authority shall have\nthe following powers and duties:\n 1. To sue and be sued;\n 2. To have a seal or alter the same at pleasure;\n 3. To make and alter by-laws for the organization and the management\nand regulation of its affairs;\n 4. To appoint officers and employees, fix their compensation and\nrequire background investigations, including but not limited to the\ncriminal history of all applicants for employment to determine the\nsuitability of such applicants for employment. Such investigation shall\ninclude but not be limited to the taking of fingerprints of such\nofficers and employees as a prerequisite for employment; provided,\nhowever, that every set of fingerprints taken pursuant to this\nsubdivision shall be promptly submitted to the division of criminal\njustice services where it shall be appropriately processed and forwarded\nto the federal bureau of investigation, at a rate required by such\nagencies for state and national criminal history record checks;\n 5. To design, construct, reconstruct, improve, rehabilitate, maintain,\nfurnish, repair, equip and otherwise provide for educational facilities,\nas defined in section twenty-five hundred ninety-a of the education law,\nfor the city board pursuant to agreements with the city board;\n 6. To acquire real and personal property, or any interest therein, by\nany method, including but not limited to purchase or condemnation, for\nthe purpose of constructing, reconstructing, improving, rehabilitating,\nmaintaining, repairing, furnishing, equipping or otherwise providing for\neducational facilities for the city board; provided, however, that the\nauthority shall use such condemnation power only if the authority is\nunable to purchase property by negotiation or bidding and provided\nfurther that, except to the extent permitted by subdivision two of\nsection seventeen hundred twenty-nine of this title, the authority may\nnot condemn property dedicated to use, used or mapped as a city street\nor any other property owned by, or subject to any interest therein, of\nthe city of New York;\n 7. To make and execute contracts and all other instruments necessary\nor convenient for the exercise of its functions, powers and duties,\nprovided that the authority may not unless otherwise specifically\nauthorized by law issue negotiable bonds or notes;\n 8. To engage the services of private consultants on a contract basis\nfor rendering professional and technical assistance and advice;\n 9. To enter into agreements with the city board pursuant to which the\nauthority will be responsible for the acquisition, design, construction,\nreconstruction, improvement, rehabilitation, maintaining, repairing,\nfurnishing, equipping of and otherwise providing for educational\nfacilities for the city board, provided, however, that (i) any agreement\nunder which the authority shall engage in maintenance shall be limited\nto maintenance that is attendant to the authority's implementation of a\nfive-year educational facilities capital plan; (ii) nothing herein shall\nbe deemed to diminish the rights of school custodians and custodian\nengineers as established in the existing collective bargaining agreement\nwith the city board or other custodian or maintenance employees as\nestablished in their respective collective bargaining agreements; and\n(iii) further provided that the authority is not empowered to engage in\ncustodial operations;\n 10. Notwithstanding the provisions of section two thousand five\nhundred four of the insurance law or any other law, to procure insurance\non behalf of itself and others against any loss in connection with its\nactivities, properties and other assets, in such amounts and from such\ninsurers as it deems desirable; provided that the authority may enter\ninto agreements with the city, acting by the mayor alone, providing for\nindemnification by the city of the authority against tort and contract\njudgments and c
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