Governor Deval Patrick's Budget Recommendation - House 1 Fiscal Year 2012

Governor's Budget Recommendation FY 2012

Outside Section 43



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Long-Term Leases for Rinks and Pools

SECTION 43.   (a) Notwithstanding section 54 of chapter 7 of the General Laws, the division of capital asset management and maintenance, in this section called the division, on behalf of and in consultation with the department of conservation and recreation, in this section called the department, may, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws and using a competitive proposal process that the commissioner of the division considers necessary or appropriate, lease and enter into other agreements, for terms not to exceed 20 years, to or with 1 or more offerors who participate in that process, for 1 or more skating rinks, so as to provide for the continued use, operation, maintenance, repair and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated with those buildings and facilities, comprising the following ice skating rinks and facilities of the department: Bajko Memorial Rink, Hyde Park District, Boston; Connell Memorial Rink, Weymouth; Devine Memorial Rink, Dorchester District, Boston; Emmons Horrigan O'Neill Memorial Rink, Charlestown District, Boston; Flynn Memorial Rink, Medford; LoConte Memorial Rink, Medford; Murphy Memorial Rink, South Boston District, Boston; Reilly Memorial Rink, Brighton District, Boston; Shea Memorial Rink, Quincy; Steriti Memorial Rink, Boston; Veterans Memorial Rink, Somerville; and, Ulin Memorial Rink, Milton.

There shall be an option for a 1-time renewal of the lease 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 in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. All leases must contain a provision that requires 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 and on the associated land during the term of the lease.

These leases and other agreements shall be on terms acceptable to the commissioner of the division after consultation with the commissioner of the department, and, notwithstanding any general or special law to the contrary, shall provide for the lessees to manage, operate, improve, repair and maintain the properties. Any such leases or 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 minimum, performance specifications. The division, in consultation with the department, shall structure each lease or other agreement to minimize disturbance of the current rights of any tenants who may currently use any part of the rink or adjoining facilities, whether under a written lease or other arrangement. All consideration received from the leases or other agreements shall be payable to the department for deposit in the General Fund. The lessees of these properties shall bear all costs deemed necessary or appropriate by the commissioner of the division for the transaction, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

(b) The division, in consultation with and on behalf of the department, shall solicit proposals through a request for proposals, which shall, at a minimum, require each responsive bidder or offeror to provide the following: (1) a comprehensive list of all rinks, operated by that bidder in the last 4 years, (2) other facilities management or experience, (3) other skating or hockey management experience, and (4) required financial audits.

(c) The request for proposals shall include contractual provisions that provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the tenants or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements; and shall also include, at a minimum, the following contractual terms and conditions to be incorporated into the contract: (1) a residential discount program, (2) reservation policies, (3) proposed reasonable rates that will ensure continued public access, (4) policies to encourage use of the rink by persons of all races and nationalities, (5) safety and security plans, (6) seasonal opening and closing dates, (7) hours of operation, and (8) in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rinks and to preserve the safety and environmental conditions of those rinks, that all employees currently working on the operation and maintenance of the rinks, pools or wading/spray pools be offered employment by any party entering into a contract pursuant to this section. The request for proposals shall also include a contractual provision governing ice time allocation guidelines to the effect that ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following order of priority: general public skating; non-profit youth groups; school hockey; youth groups other than non-profit 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, 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.

Upon the execution of any agreements authorized by this section, the department shall reassign or relocate those employees who do not accept employment with the lessee, to comparable positions within the department subject to applicable collective bargaining agreements.

The inspector general shall review and approve any request for proposals issued by the division before issuance.

(d) Before the division, in consultation with the department, sends out any request for proposals under this section, the division shall hold open a prequalification period of at least 1 month for cities and towns, or a partnership of municipalities which share geographic boundaries as long the subject rink or rinks is or are located within the geographic area of the municipalities comprising the partnership, that desire to bid on rinks that are listed in this section and are located within the city or town. Any city or town or partnership of municipalities that desires to lease a rink under this section may submit materials for prequalification. This prequalification may include, but need not be limited to, the city's, town's, or partnership's ability to finance the capital improvements determined by the division to be necessary at each rink listed in this section and to manage, operate and maintain the properties. The division, in consultation with the department, shall determine whether a city, town, or partnership is prequalified within 15 days after the end of the prequalification period. If a city, town, or partnership is determined to be prequalified, that city or town or partnership shall be awarded the lease for that rink under the terms and conditions set forth in subsection (a) and the first paragraph of subsection (b). If a city, town, or partnership is determined to be prequalified, the city, town, or partnership shall pay nominal consideration for a lease subject to the required capital improvements, performance specifications, and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the city or town; but any existing municipal operator of a rink selected by a prior open and competitive procurement shall be deemed to be prequalified under this section.

The failure of any city or town to apply for prequalification under this subsection shall not prohibit that city or town from bidding under this section.

(e) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services, or to the construction and design of improvements shall not apply to any selected offeror that is awarded a contract under this section, except as provided in this section.

(f) Notwithstanding sections 40E to 40I, inclusive, and section 54 of chapter 7 of the General Laws, the division, on behalf of and in consultation with the department, and using a competitive proposal process that the commissioner of the division considers necessary or appropriate, may lease and enter into other agreements, for terms not to exceed 20 years, to or with 1 or more offerors who participate in that process, for 1 or more swimming pools or wading or spray pools, so as to provide for the continued use, operation, maintenance, repair and improvement of the following state-owned buildings and facilities together with the land and appurtenances associated with those buildings and facilities, comprising the following swimming or wading or spray pools of the department: Artesani Playground Wading Pool, Brighton; Reilly Memorial Swimming Pool, Brighton; Vietnam Veterans Memorial Swimming Pool, Chelsea; Neponset Landing II Spray Deck, Dorchester; Neponset Landing II Spray Deck, Hyde Park; Olsen Swimming and Wading Pool, Hyde Park; Johnson Playground Spray Deck, Jamaica Plain; Stony Brook Spray Deck, Jamaica Plain; Ryan Wading Pool, Mattapan; Cass Memorial Swimming Pool, Roxbury; Mission Hill Spray Deck, Roxbury; Lee Memorial Wading Pool, West End; McCrehan Memorial Swimming and Wading Pool, Cambridge; Veterans Memorial Swimming and Wading Pool (Magazine Beach), Cambridge; Gerald J. Mason Memorial Swimming Pool, Agawam; Sara Jane Sherman Memorial Swimming Pool, Chicopee; Philip Weihn Memorial Swimming Pool, Clinton; Allied Veterans Memorial Swimming and Wading Pool, Everett, Veteran's Memorial Swimming Pool, Fall River; Gustave Johnson Memorial Swimming Pool, Fitchburg; Freetown State Forest Wading Pool, Freetown/Assonet; Geisler Memorial Swimming Pool, Lawrence; Lt. Colonel Edward J. Higgins Swimming Pool, Lawrence; Leominster State Swimming Pool, Leominster; Raymond Lord Memorial Swimming Pool, Lowell; Thompson Memorial Pool, Ludlow; Holland Memorial Swimming and Wading Pool, Malden; Lloyd Memorial Swimming Pool, Melrose; Senator P. Eugene Casey Memorial Swimming Pool, Milford; Dilboy Memorial Swimming and Wading Pool, Somerville; Latta Brothers Memorial Swimming and Wading Pool, Somerville; Andrew J. Petro Swimming Pool, Southbridge; John H. Thomas Memorial Swimming Pool, Springfield; Hall Memorial Swimming and Wading Pool, Stoneham; Bradley Palmer Wading Pool, Topsfield; Dealtry Memorial Swimming and Wading Pool, Watertown; Bennett Field Swimming Pool, Worcester; Dennis F. Shine Memorial Swimming Pool, Worcester; Connell Memorial Swimming Pool, Weymouth; Connors Memorial Pool, Waltham.

There shall be an option for a 1-time renewal of the lease 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 in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the commonwealth. All leases must contain a provision that requires 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 swimming pools or wading or spray pools and on the associated land during the term of the lease.

These leases and other agreements shall be on terms acceptable to the commissioner of the division after consultation with the commissioner of the department, and, notwithstanding any general or special law to the contrary, shall provide for the lessees to manage, operate, improve, repair and maintain the properties. Any such leases or 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 minimum, performance specifications. The division, in consultation with the department, shall structure each lease or other agreement to minimize disturbance of the current rights of any tenants who may currently use any part of the swimming pools or wading or spray pools or adjoining facilities, whether under a written lease or other arrangement. All consideration received from the leases or other agreements shall be payable to the department for deposit in the General Fund. The lessees of these properties shall bear all costs considered necessary or appropriate by the commissioner of the division for the transaction, including without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.

(g) The division, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals, which shall at a minimum require each responsive bidder or offeror to provide the following: (1) a comprehensive list of all swimming pools or wading or spray pools operated by that bidder in the last 4 years, (2) other facilities management or experience, (3) other swimming, facility maintenance and water recreation management experience, and (4) required financial audits.

(h) The request for proposals shall include contractual provisions that provide that any benefits to the commonwealth and the costs of improvements and repairs made to the properties provided by the tenants or the recipients of the properties shall be taken into account as part of the consideration for such leases or other agreements; and shall also include, at a minimum, the following contractual terms and conditions to be incorporated into the contract: (1) a residential discount program, (2) reservation policies, (3) proposed reasonable rates that will ensure continued public access, (4) policies to encourage use of the swimming pools and/or wading/spray pools by persons of all races and nationalities, (5) safety and security plans, (6) seasonal opening and closing dates, (7) hours of operation, and (8) in order to maintain stable and productive labor relations and to avoid interruptionof the operation of the rinks and to preserve the safety and environmental conditions of those rinks, that all employees currently working on the operation and maintenance of the swimming pools or wading or spray pools be offered employment by any party entering into a contract under this section. The request for proposals shall also include a contractual provision as pertains to the balance the pool 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.

(i) With respect to the Cass Memorial Swimming Pool, Roxbury and the Connell Memorial Swimming Pool, Weymouth, both of which are maintained and operated in the same buildings as the associated public skating rink, preference shall be given to any proponent that agrees and offers to operate both public programs, and any lease for that facility shall provide that the lessee may sub-lease the operation of the public swimming program, but the sub-lessee shall maintain the operation of the swimming pool as a public swimming pool consistent with the request for proposals.

(j) Upon the execution of any agreements authorized by this section, the department shall reassign or relocate those employees who do not accept employment with the lessee, to comparable positions within the department subject to applicable collective bargaining agreements.

The inspector general shall review and approve any request for proposal issued by the division before issuance.

(k) Before the division, in consultation with the department, sends out any request for proposals under this section, the division shall hold open a prequalification period of at least 1 month for cities and towns, or a partnership of municipalities that share geographic boundaries as long the subject swimming pools or wading or spray pools are located within the geographic area of the municipalities comprising the partnership, that desire to bid on swimming pools or wading or spray pools that are listed in this section and are located within the city or town. Any city, town, or partnership of municipalities that desires to lease a swimming pools or wading or spray pools under this section may submit materials for prequalification. This prequalification may include, but need not be limited to, the city's, town's, or partnership's ability to finance the capital improvements determined by the division to be necessary at each swimming pool or wading or spray pool listed in this section and to manage, operate and maintain the properties. The division, in consultation with the department, shall determine whether a city, town, or partnership is prequalified within 15 days of the end of the prequalification period. If a city, town, or partnership is determined to be prequalified, that city, town, or partnership shall be awarded the lease for that swimming pool or wading or spray pool under the terms and conditions set forth in subsection (f) and the first paragraph of subsection (g). If a city, town, or partnership is determined to be prequalified, the city, town, or partnership shall pay nominal consideration for a lease subject to the required capital improvements, performance specifications, and other prequalification requirements and terms of the division and submitted proposal. The length of the lease shall be determined between the division and the city or town; but any existing municipal operator of a swimming pool or wading or spray pool selected by a prior open and competitive procurement shall be considered to be prequalified under this subsection.

The failure of any city or town to apply for pre-qualification under this subsection shall not prohibit that city or town from bidding under this section.

(l) The provisions of any general or special law or rule or regulation relating to the advertising, bidding or award of contracts, to the procurement of services, or to the construction and design of improvements shall not apply to any selected offeror that is awarded a contract under this section, except as provided in this section
 
 

Summary:
This section grants the Department of Conservation and Recreation the authority to enter into long-term leases for listed rinks and pools.



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