HOUSE DOCKET, NO. 4064 FILED ON: 3/13/2009
HOUSE . . . . . . . . . . . . . . No. 4056
[LOCAL APPROVAL RECEIVED.]
The Commonwealth of Massachusetts
To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act relative to a new pub lic safety facility lease in the town of Burlington.
The Commonwealth of Massachusetts
In the Year Two Thousand and Nine
An Act relative to a new public safety facility lease in the town of Burlington.
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Notwithstanding of any general or special law to the contrary, the t own of Burlington may enter into a lease of land for a new p ublic s afety f acility. Said lease may be a ground lease of the land only, or the lease may provide for the financing, design and construction of a new p ublic s afety f acility by a party or the parties, or a combination thereof. The construction of a new p ublic s afety f acility under a lease awarded pursuant to this section shall not be subject to the competitive bid requirements set forth in sections 38A½ to 38O, inclusive, of chapter 7 , section 39M of chapter 30 or sections 44A to 44M, inclusive, of chapter 149 of the General Laws , but each such lease shall be awarded pursuant to section 16 of chapter 30B of the General Laws . The t own is hereby authorized to borrow for the construction of a new p ublic s afety f acility pursuant to section 7 of chapter 44 of the General Laws on land that is subject to said lease pursuant to this act; provided said lease has a term of at least 20 years.
SECTION 2. The request for proposals for such lease shall specify the method for comparing proposals to determine the proposal offering the lowest overall cost to the town including, but not limited to, all capital financing. If the t own awards a contract to an offeror who did not submit the proposal offering the lowest overall cost, the t own shall explain the reason for the award in writing. Prior to the award of a lease that includes the construction of a p ublic s afety f acility under section 1, the t own shall conduct an independent evaluation for the purpose of comparing the overall cost of the lease, including the private financing of construction, to the cost of procuring the new p ublic s afety f acility pursuant to the applicable General Laws.
SECTION 3. Notwithstanding of any general or special law to the contrary, the lease awarded pursuant to section 1 may provide for a term not exceeding 50 years, and may include an option or a right of first refusal for the t own to acquire the land and the new p ublic s afety f acility at the termination of the lease. Any option or a right of first refusal shall be at the sole discretion of the t own of Burlington in accordance with the original terms and conditions set forth in the request for proposals or terms and conditions more favorable to and acceptable to the t own. A lease entered into pursuant to this act may provide that the t own shall not be exempt from liability for payment over the term of the lease of the costs to finance, design and construct the p ublic s afety f acility.
SECTION 4. Subject to this act, any lease awarded hereunder shall be subject to such additional terms and conditions as the t own a dministrator and the b oard of s electmen of the t own shall determine to be in the best interests of the t own and shall be authorized by a majority vote of the b oard of s electmen, and a majority vote of t own m eeting.
SECTION 5. All contracts for the construction of the p ublic s afety f acility may be awarded by the selected offeror only to persons or entities whose bids or proposals are subject to such persons or entities being signatory to a project labor agreement with the appropriate labor organizations which shall include an obligation for such labor organizations and its constituent members not to strike with respect to the work on such construction project and which shall also establish uniform work rules and schedules for the project. Such project agreement shall be entered into in order to facilitate the timely and efficient completion of the construction of the p ublic s afety f acility and to make available a ready and adequate supply of highly trained, skilled craft workers who shall provide a negotiated commitment to assure labor stability and labor peace over the life of this project. The applicable entity responsible for any construction of the p ublic s afety f acility shall designate a general contractor, project administrator or similar construction firm which is familiar in the negotiation and administration of project labor agreements to manage and oversee the construction of the project, including the development and implementation of labor relations policies for the project, and to instruct such general contractor, project administrator or other construction firm to negotiate a mutually agreeable project labor agreement covering the above described work, unless the t own determines that the selected offeror responsible for constructing the p ublic s afety f acility has sufficient experience and qualifications, in which case the selected offeror may discharge the duties respecting the project labor agreement.
SECTION 6. This act shall take effect upon its passage .