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S06837 Summary:

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S06837 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         6837--B
            Cal. No. 1323
 
                    IN SENATE
 
                                    February 26, 2016
                                       ___________
 
        Introduced  by  Sen.  MARCELLINO  -- read twice and ordered printed, and
          when printed to be committed to the Committee on Higher  Education  --
          committee  discharged,  bill amended, ordered reprinted as amended and
          recommitted to said committee -- reported favorably from said  commit-
          tee,  ordered  to first and second report, ordered to a third reading,
          amended and ordered reprinted, retaining its place  in  the  order  of
          third reading
 
        AN ACT authorizing the lease of lands located at the State University of
          New York College at Old Westbury
 
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Legislative findings. The legislature finds that the devel-
     2  opment, construction and operation  of  a  child-care  center  upon  the
     3  grounds  of  the State University of New York College at Old Westbury is
     4  necessary and appropriate to further the objectives and purposes of  the
     5  State University of New York in its support of Old Westbury and fulfills
     6  a  necessary and desirable public purpose. The legislature further finds
     7  that granting the trustees of the  State  University  of  New  York  the
     8  authority  and  power  to lease and otherwise contract to make available
     9  grounds and facilities of the campus of the State University of New York
    10  College at Old Westbury will facilitate  the  development,  construction
    11  and  operation  of such child-care center and also promote the effective
    12  use of such grounds and facilities which support the educational  activ-
    13  ities of Old Westbury.
    14    §  2. Notwithstanding any other law to the contrary, the State Univer-
    15  sity trustees are hereby authorized and empowered,  without  any  public
    16  bidding,  to  lease  and otherwise contract to make available to the Old
    17  Westbury College  Foundation,  Inc.,  a  not-for-profit  corporation,  a
    18  portion  of the lands of the State University of New York College at Old
    19  Westbury generally described in this act for the purpose of  developing,
    20  constructing  and operating a child-care center, and for uses in support
    21  of campus activities; provided, however, that the development and opera-
    22  tion of a child-care center shall be of benefit to  Old  Westbury.  Such
    23  lease  or  contract shall be for a period not exceeding 35 years without
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD14234-06-6
        S. 6837--B                          2
 
     1  any fee simple conveyance and otherwise upon terms and conditions deter-
     2  mined by such trustees, subject to the approval of the director  of  the
     3  division  of the budget, the attorney general and the state comptroller.
     4  In the event that the real property that is the subject of such lease or
     5  contract  shall  cease to be used for the purpose described in this act,
     6  such lease or contract shall immediately terminate and the real property
     7  and any improvements thereon shall revert to the State University of New
     8  York.  Any lease or contract entered into pursuant  to  this  act  shall
     9  provide  that  the  real  property  that is the subject of such lease or
    10  contract and any improvements thereon shall revert to the State  Univer-
    11  sity of New York on the expiration of such contract or lease.
    12    §  3.  For  the purposes of this act: (a) "project" shall mean work at
    13  the property authorized by this act to be leased  to  the  Old  Westbury
    14  College  Foundation,  Inc.  as  described in section 12 of this act that
    15  involves the design, construction, reconstruction, demolition,  excavat-
    16  ing,  rehabilitation, repair, renovation, alteration or improvement of a
    17  child care center.
    18    (b)  "project  labor  agreement"  shall  mean  a  pre-hire  collective
    19  bargaining  agreement  between  a  contractor  and a labor organization,
    20  establishing the labor organization as the collective bargaining  repre-
    21  sentative  for  all  persons  who  will perform work on the project, and
    22  which provides that only contractors and subcontractors who sign a  pre-
    23  negotiated  agreement  with  the  labor organization can perform project
    24  work.
    25    § 4. Any contract or lease entered into pursuant to this act shall  be
    26  deemed  to  be  a state contract for the purposes of article 15-A of the
    27  executive law, and any contractor, subcontractor,  lessee  or  sublessee
    28  entering  into  such contract or lease for the construction, demolition,
    29  reconstruction, excavation, rehabilitation, repair,  renovation,  alter-
    30  ation  or  improvement authorized pursuant to this act shall be deemed a
    31  state agency for the purposes of article 15-A of the executive  law  and
    32  subject to the provisions of such article.
    33    §  5.  Notwithstanding  any  general, special or local law or judicial
    34  decision to the contrary, all work performed on a project authorized  by
    35  this  act where all or any portion thereof involves a lease or agreement
    36  for  construction,  demolition,  reconstruction,  excavation,  rehabili-
    37  tation,  repair,  renovation,  alteration or improvement shall be deemed
    38  public work and shall be subject to and performed in accordance with the
    39  provisions of article 8 of the labor law to the same extent and  in  the
    40  same  manner  as  a  contract  of the state, and compliance with all the
    41  provisions of article 8 of the  labor  law  shall  be  required  of  any
    42  lessee,  sublessee,  contractor  and/or  subcontractor performing on the
    43  project including the enforcement of prevailing wage requirements by the
    44  fiscal officer as defined in paragraph e of subdivision 5 of section 220
    45  of the labor law to the same extent as a contract of the state.
    46    § 6. Notwithstanding any law, rule or regulation to the contrary,  the
    47  State  University  of  New  York  shall not contract out to Old Westbury
    48  College Foundation, Inc. or any subsidiary for the  instruction  or  any
    49  pedagogical  functions  or services, or any administrative services, and
    50  professional services currently being performed by state employees.  All
    51  such functions and services shall be performed by state employees pursu-
    52  ant  to  the  civil service law. Nothing in this act shall result in the
    53  displacement of any currently employed state worker or the loss of posi-
    54  tion (including partial displacement such as reduction in the  hours  of
    55  non-overtime, wages or employment benefits), or result in the impairment
    56  of  existing  contracts  for  services  or  collective bargaining rights
        S. 6837--B                          3
 
     1  pursuant to existing agreements. All positions currently  at  the  State
     2  University  of New York in the unclassified service of the civil service
     3  law shall remain in  the  unclassified  service.  No  services  or  work
     4  currently  performed  by public employees or future work that is similar
     5  in scope and nature to the work  being  currently  performed  by  public
     6  employees  shall be contracted out or privatized by the State University
     7  of New York or by an affiliated entity or associated entity of the State
     8  University of New York. All such  future  work  shall  be  performed  by
     9  public employees.
    10    § 7. Nothing in this act shall be deemed to waive or impair any rights
    11  or benefits of employees of the State University of New York that other-
    12  wise  would  be  available  to  them pursuant to the terms of agreements
    13  between the certified representatives of such employees and the state of
    14  New York pursuant to article 14 of  the  civil  service  law;  all  work
    15  performed on such property that ordinarily would be performed by employ-
    16  ees  subject to article 14 of the civil service law shall continue to be
    17  performed by such employees.
    18    § 8. Notwithstanding the provisions of any general, special, or  local
    19  law or judicial decision to the contrary:
    20    (a) The Old Westbury College Foundation, Inc. may require a contractor
    21  awarded  a  contract, subcontract, lease, grant, bond, covenant or other
    22  agreement for a project to enter into a project labor  agreement  during
    23  and  for  the  work  involved with such project when such requirement is
    24  part of The Old Westbury College Foundation, Inc. request for  proposals
    25  for  the  project  and  when  The  Old Westbury College Foundation, Inc.
    26  determines that the record supporting the decision to enter into such an
    27  agreement establishes that  the  interests  underlying  the  competitive
    28  bidding laws are best met by requiring a project labor agreement includ-
    29  ing:  obtaining  the  best work at the lowest possible price; preventing
    30  favoritism, fraud and corruption; the impact of delay;  the  possibility
    31  of cost savings; and any local history of labor unrest.
    32    (b)  If  The  Old Westbury College Foundation, Inc. does not require a
    33  project labor agreement,  then  any  contractor,  subcontractor,  lease,
    34  grant, bond, covenant or other agreements for a project shall be awarded
    35  pursuant to section 135 of the state finance law.
    36    § 9. Without limiting the determination of the terms and conditions of
    37  such contracts or leases, such term and conditions may provide for leas-
    38  ing,  subleasing, construction, reconstruction, rehabilitation, improve-
    39  ment, operation and management of and provision of services and  assist-
    40  ance and the granting of licenses, easements and other arrangements with
    41  regard  to such grounds and facilities by The Old Westbury College Foun-
    42  dation, Inc., and parties contracting  with  The  Old  Westbury  College
    43  Foundation, Inc., and, in connection with such activities, the obtaining
    44  of funding or financing, whether public or private, unsecured or secured
    45  (including,  but  not  limited  to,  secured  by leasehold mortgages and
    46  assignments of rents and leases), by The Old  Westbury  College  Founda-
    47  tion, Inc. and parties contracting with The Old Westbury College Founda-
    48  tion,  Inc. for the purposes of completing the project described in this
    49  act.
    50    § 10. Such lease shall include  an  indemnity  provision  whereby  the
    51  lessee  or sublessee promises to indemnify, hold harmless and defend the
    52  lessor against all claims, suits, actions, and liability to all  persons
    53  on  the leased premises, including tenant, tenant's agents, contractors,
    54  subcontractors, employees, customers, guests,  licensees,  invitees  and
    55  members of the public, for damage to any such person's property, whether
        S. 6837--B                          4
 
     1  real  or  personal, or for personal injuries arising out of tenant's use
     2  or occupation of the demised premises.
     3    §  11. Any contracts entered into pursuant to this act between The Old
     4  Westbury College Foundation, Inc. and parties contracting with  The  Old
     5  Westbury  College  Foundation,  Inc.  shall  be awarded by a competitive
     6  process.
     7    § 12. The property authorized by this act to  be  leased  to  the  Old
     8  Westbury  College Foundation, Inc. is generally described as that parcel
     9  of real property with improvements thereon, consisting  of  a  total  of
    10  approximately 5.500 acres, situated on the campus of the State Universi-
    11  ty  of New York College at Old Westbury. The description in this section
    12  of the parcel to be made available pursuant to this act is not meant  to
    13  be a legal description, but is intended only to identify the parcel:
    14    BEGINNING at a point in the dividing line between lands now or former-
    15  ly  of the State of New York, Old Westbury College and The Hamlet Condo-
    16  miniums Number one, said point being distant 0.57 feet on  a  course  of
    17  North  64  degrees  45  minutes  53 seconds West from a granite monument
    18  found, all as shown on a certain map entitled "MAP OF SURVEY, OLD  WEST-
    19  BURY  COLLEGE-TOWN  OF  OYSTER  BAY,  TOWN OF NORTH HEMPSTEAD, COUNTY OF
    20  NASSAU, STATE OF NEW YORK, DATED AUGUST 13, 2003,  Prepared  by  Boswell
    21  Engineering  (CAD  File Supplied by the NEW YORK STATE OFFICE OF GENERAL
    22  SERVICES), Said Beginning Point having New York State  Grid  Coordinates
    23  North  226,605.93,  East  1,104,156.61  (NAD  1983, New York State, Long
    24  Island Zone per said map); running thence (Bearings shown are in  above-
    25  referenced system)
    26    1) thence South 11 degrees 20 minutes 54 seconds East 524.04 feet to a
    27  point in said dividing line, marked by a Re-Bar set November 16, 2015;
    28    2)  thence  along  a  new line, South 76 degrees 14 minutes 16 seconds
    29  West 659.59 feet to a point in a line established in the above reference
    30  CAD file, located approximately 10 feet from the edge  of  the  traveled
    31  way  of an access road known as Greentree Circle, said point also marked
    32  by a Re-Bar set November 16, 2015; running along said line the following
    33  5 courses;
    34    3) thence North 08 degrees 41 minutes 55 seconds West 25.61 feet to  a
    35  point;
    36    4)  thence  along  a non-tangent curve to the RIGHT having a radius of
    37  400.38 feet, an arc distance of 282.54  feet,  a  central  angle  of  40
    38  degrees  25  minutes  55 seconds, a chord bearing of North 18 degrees 26
    39  minutes 01 second East and a chord distance of 276.71 feet to a point;
    40    5) thence along a non-tangent curve to the RIGHT having  a  radius  of
    41  1,319.33  feet,  an  arc  distance of 203.46 feet, a central angle of 08
    42  degrees 50 minutes 09 seconds, a chord bearing of North  44  degrees  09
    43  minutes 14 seconds East and a chord distance of 203.26 feet to a point;
    44    6) thence North 47 degrees 35 minutes 38 seconds East 274.70 feet to a
    45  point, marked by a Re-Bar set February 4, 2013;
    46    7)  thence  North 64 degrees 41 minutes 06 seconds East 121.12 feet to
    47  the point and place of BEGINNING.
    48    CONTAINING an area of 239,595 square feet or 5.500 acres of land, more
    49  or less. SUBJECT TO all existing easements and restrictions of record.
    50    § 13. The State University of New York shall not lease lands described
    51  in this act unless any such lease shall be executed within  three  years
    52  of the effective date of this act.
    53    § 14. Notwithstanding any law, rule or regulation to the contrary, the
    54  state  university  of  New  York  shall not contract out to Old Westbury
    55  College Foundation, Inc. or any subsidiary for the  instruction  or  any
    56  pedagogical  functions  or services, or any administrative services, and
        S. 6837--B                          5
 
     1  professional services currently being performed by  state  employees  on
     2  the property described in section eleven of this act. All such functions
     3  and services shall be performed by state employees pursuant to the civil
     4  service law. Nothing in this act shall result in the displacement of any
     5  currently  employed  state  worker  or  the loss of position, (including
     6  partial displacement such as reduction in  the  hours  of  non-overtime,
     7  wages  or  employment  benefits) or result in the impairment of existing
     8  contracts for services  or  collective  bargaining  rights  pursuant  to
     9  existing  agreements. All positions currently at the state university of
    10  New York in the unclassified service of  the  civil  service  law  shall
    11  remain  in the unclassified service. No services or work on the property
    12  described in section eleven of this act currently  performed  by  public
    13  employees or future work that is similar in scope and nature to the work
    14  being currently performed by public employees shall be contracted out or
    15  privatized by the state university of New York or by an affiliated enti-
    16  ty  or  associated  entity of the state university of New York. All such
    17  future work shall be performed by public employees.
    18    § 15. Insofar as the provisions of this act are inconsistent with  the
    19  provisions of any law, general, special or local, the provisions of this
    20  act shall be controlling.
    21    § 16. This act shall take effect immediately.