SECTION 1. (a) To provide additional facilities for the Bristol Community College in the downtown area of the city of New Bedford, the
commissioner of the division of capital asset management and maintenance notwithstanding any general or special law to the contrary is hereby authorized,
notwithstanding the provisions of chapter seven of the General Laws to the contrary, to
negotiate and enter into a lease having a term of up to twenty years, including such options
for the commonwealth to extend said term as the commissioner may determine, after
consulting with president of the Bristol Community College, for land,
buildings and improvements in the downtown district, so-called, of said city of New Bedford.
Said lease shall be for use of the property by said university for a campus facility in
the downtown area of said city of New Bedford. The developer selected pursuant to the
provisions of this subsection shall be the landlord under the lease and shall be obliged to
construct the improvements required under this section. Funding for said lease shall be
subject to annual appropriation by the general court and to annual authorization for
expenditure of said funds by the secretary of administration and finance and the board of
trustees of the Bristol Community College, and shall contain such other terms as shall be
required by the commissioner.
The commissioner is hereby authorized to select the developer of the property. Said
commissioner shall establish competitive and public processes for the selection of said
developer, which processes shall include: the issuance of requests for proposals containing
the date, time and place for the submission of proposals, the developer selection criteria, and
the required content for proposals; public advertisement for the issuance of said requests for
proposals; and the use of selection criteria which shall include the experience, qualifications,
capability and financial viability of the developer, designer or construction contractor as the
case may be, the cost to the commonwealth, and the financial and other benefits to the
commonwealth and the local community. Said commissioner shall also select the designer
and construction contractor pursuant to the process established by said commissioner.
(b) The lease authorized in this section shall include final plans and specifications
at one-hundred percent design stage, ready for construction, and containing such
improvements to the property as are necessary for the Bristol Community College for its downtown New Bedford campus facility as determined by the
commissioner in consultation with the president of said university. Such plans and
specifications shall be prepared by the designer selected pursuant to the provisions of
subsection (a). Said lease shall require the developer to construct the improvements shown
in said plans and specifications and said lease shall not be executed until the completion and
incorporation of such plans and specifications.
(c) The lease authorized by this section shall contain an option for the
commonwealth to purchase the property which shall be exercisable during the lease term,
or at the end of the lease term, or any extension thereof. The commonwealth, if it exercises
said option to purchase, may purchase the property, [subject to appropriation, for not more
than the fair market value of the property at the time of exercise of the option, taking into
account any rental and other payments made by the commonwealth under the terms of said
lease. Said commissioner is hereby authorized, notwithstanding said chapter seven, to
exercise said option and to acquire the property on behalf of the commonwealth.
(d) The developer who is the landlord under the lease authorized by this section shall
pay for all surveys, plans and specifications and other costs and expenses associated with the
improvements to the property required under the lease and all costs and expenses associated
with the leasing process as required by the commissioner, and shall be responsible for, and
indemnify the commonwealth from and against, all costs and liabilities associated with, the
environmental condition of the property.
(e) The lease authorized by this section shall be in a form approved by the attorney
general. The negotiated lease price for any parcel or site pursuant to this section shall be for
not more than fair market value determined by independent appraisal, for the uses described
in subsection (a). The inspector general shall review and approve said appraisal and said
review shall include an examination of the methodology utilized for said appraisal. Said
inspector general shall review and approve the reasonableness and appropriateness of the
process and criteria, as such protect the public interest, established by the commissioner of
the division of capital planning and operations for the selection of any developer, designer
and construction contractor pursuant to the provisions of subsection (a). Said inspector
general shall prepare a report of his review and file said report with the commissioner, the
house and senate committees on ways and means and joint committee on state administration and regulatory oversight.
(f) Said commissioner shall, thirty days before the execution of any lease agreement
authorized by this section, or any subsequent amendment thereof, submit the agreement or
amendment and a report thereon to the inspector general for his review and approval. Said
inspector general shall issue his review and comment within fifteen days of receipt of any
agreement or amendment. Said commissioner shall submit the agreement and any
subsequent amendments thereof, the reports, and the comments of the inspector general, if
any, to the house and senate committees on ways and means and the chairmen of the joint
committee on state administration and regulatory oversight at least fifteen days prior to execution.
(g) The president of Bristol Community College shall submit
sixty days after the effective date of this act, but in no event after the inspector general
receives the lease agreement pursuant to the provisions of subsection (f), a financial plan and
an operating plan for any property used, owned, leased or maintained by said university in
said city of New Bedford after the effective date of this act. Said plans shall include, but not
be limited to:
(1) A financial and operating plan for the continued use or discontinued use by said
university campus of any property in said city of New Bedford in use on the effective date
of this act, including current and future fiscal year costs of such usage and any savings
resulting from the discontinued use of said property;
(2) A financial plan for any new property lease pursuant to this section, including
current and future fiscal year lease payments, utility costs, maintenance and operating costs
and capital replacement reserves;
(3) Revenue sources proposed to fund any net increase in lease, maintenance and
operating costs resulting from said newly leased property in excess of the amounts paid by
the said university as identified by clause (1);
(4) An operating plan for any new property leased pursuant to this section detailing
the proposed usage and hours of operation of said property, the programs, services and
administrative operations proposed to be located at said new property, any proposed
subleases of said new property to parties other than the said Bristol Community College campus
and revenues resulting from said subleases and the full-time or contracted personnel
proposed to maintain and operate said new property'
The future fiscal year cost projections required by clauses (1) and (2) shall be for the
term of any lease authorized by this section.
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