Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2010

Governor's Budget Recommendation FY 2010

Outside Section 36

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Long Term Lease for Veterans Memorial Rink, Somerville

SECTION 36.   (a) Notwithstanding sections 40E to 40K, inclusive, and sections 52 to 55, inclusive, of chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may, using such competitive proposal process as the division considers necessary or appropriate, lease and enter into other agreements, for a term not to exceed 25 years, with 1 or more operators, for the Veterans Memorial Rink in Somerville, so as to provide for the continued use, operation, maintenance, repair and improvement of the rink together with the land and appurtenances associated therewith. There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 5 years. This renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. A lease shall require the lessee to carry comprehensive general liability insurance with the commonwealth named as a co-insured, protecting the commonwealth against all personal injury or property damage within the rink or on the land during the term of the lease. The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. The lease and other arrangements requiring capital improvements to be made to any buildings or surface areas shall include a description of the required capital improvements and, at a minimum, performance specifications. The lease and other agreements shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the property provided by the tenants or the recipients of the property shall be taken into account as part of the consideration for such lease or other agreements. All consideration received from the lease or other agreements shall be payable to the department of conservation and recreation for deposit in the General Fund. The lessee of the property shall bear all costs approved as necessary or appropriate by the commissioner of capital asset management and maintenance for the transaction including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.
          (b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including, but not limited to: (1) a comprehensive list of all rinks operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) other skating or hockey management experience of the responsive bidder or offeror; (4) a senior citizen and child discount program; (5) reservation policies; (6) proposed reasonable rates that will ensure continued public access; (7) required financial audits; (8) policies to encourage use of the rink by persons of all races and nationalities; (9) safety and security plans; (10) seasonal opening and closing dates; (11) hours of operation; and (12) the means for the operator to satisfy the following ice time allocation guidelines. Ice time at the rink shall be allocated to user groups in the following priority order: general public skating; nonprofit youth groups; school hockey; youth groups other than nonprofit youth groups; and adult organizations or informal groups. Ice time may be allocated at the discretion of the operator, provided that general public skating shall be booked at a minimum of 12 hours per week, to be determined by the department, with a range of times and days which reasonably allow for public skaters of all ages to participate in some public skating sessions. Every effort shall be made to balance the ice allocation needs of long-established youth organizations and newly formed youth organizations in a manner that provides equal opportunity and equal access for youths of each gender.
When evaluating proposals that are otherwise comparable, the division, in consultation with the department, shall prefer any proposal to lease the rink that is submitted by the city of Somerville, provided that the proposal complies with the ice time allocation guidelines outlined above.
          (c) It shall be a mandatory term of any request for proposals issued by the division and of any contract entered into by the commonwealth with any party regarding the subject matter of this act that any party that has entered into a contract pursuant to this act shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rink and to preserve the safety and environmental conditions of the rink, that all employees currently working on the operation and maintenance of the rink be offered employment by any party entering into a contract pursuant to this act. Upon the execution of any agreements authorized by this act, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
          (d) General and special laws, rules and regulations relating to the advertising, bidding or award of contracts, to the procurement of services, and to the construction and design of improvements shall not apply to a selected offeror that is awarded a contract under this section, except as provided in this section.

This section grants the Department of Conservation and Recreation long-term leasing authority for the Veterans Memorial Rink.

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