Amendment ID: S2025-10-R1

Redraft Amendment 10

Shattuck Daycare

Mr. Rush and Ms. Chang-Diaz move to amend the bill Mr. Rush and Ms. Chang-Diaz move to amend the bill by inserting after section 69 the following new section:-

“SECTION 69A. (a) Notwithstanding sections 32 to 36, inclusive, of chapter 7C of the General Laws or any other general or special law to the contrary, the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, may lease for a term, including extensions, not to exceed 15 years, a parcel of land on the campus of the Lemuel Shattuck hospital in the Jamaica Plain section of the city of Boston to the Shattuck Child Care Center, Inc., a not for profit corporation, to operate a child day care center.  The exact boundaries of the property to be leased shall be determined by the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, based upon a survey or other plan acceptable to the commissioners.  The lease shall be in accordance with the terms and conditions specified in this section.

(b) The lease may authorize the Shattuck Child Care Center, Inc. to locate modular units on the leased premises and to undertake such site work and other work as may be reasonably required to prepare the leased premises for the modular units.  The commissioner of capital asset management and maintenance may license or otherwise permit the Shattuck Child Care Center, Inc. access over, on and under other portions of the Lemuel Shattuck hospital campus for the purpose of connecting the leased premises to public utilities.  The lease shall require the Shattuck Child Care Center, Inc. to carry comprehensive general liability insurance, with the commonwealth named as a co-insured, to protect the commonwealth against all personal injury or property damage on the facilities during the term of the lease and may contain such other terms and provisions as the commissioner of capital asset management and maintenance, in consultation with the commissioner of public health, considers appropriate.

(c) Notwithstanding sections 39A to 39S, inclusive, and section 39M of chapter 30 of the General Laws, sections 44A to 44M, inclusive, of chapter 149 of the General Laws, and any other general or special law to the contrary, the Shattuck Child Care Center, Inc. may procure the project authorized by this act, and any necessary design and construction services for the project, without undertaking a competitive bid process; provided, however, that the Shattuck Child Care Center, Inc. shall pay prevailing wages in accordance with sections 26 and 27 of chapter 149 of the General Laws in connection with any such construction.

(d) The Shattuck Child Center, Inc. shall annually compensate the commonwealth in the sum of $1.00 for the term of the lease authorized in this section.  The Shattuck Child Care Center, Inc. shall pay all costs and expenses of the transaction authorized in this act as determined by the commissioner of capital asset management and maintenance including, but not limited to, the costs of any surveys, all costs, liabilities and expenses of any nature and kind related to the development, maintenance, use and operation of the leased premises and the operation costs for the portion of the parcels set aside for use by the commonwealth.

(e) Notwithstanding subsection (a) of this section, the commissioner of capital asset management and maintenance shall comply with paragraphs 5 and 6 of section 36 of chapter 7C of the General Laws.

(f) No lease agreement entered into pursuant to this section by or on behalf of the commonwealth shall be valid unless the lease provides that the property shall be used solely to operate a child day care center or activities directly related to the operation of a child day care center. If, for any reason, the property ceases to be used for the purposes described in this section, the commonwealth may terminate the lease. If the lease is terminated, the care, custody and control of the property shall be with the commonwealth and the division of capital asset management and maintenance.”