Whereas, The deferred operation of this act would tend to defeat its purpose, which is to immediately make capital repairs to the Jim Roche Memorial Rink, therefore it is hereby declared to be an emergency law, necessary for the immediate preservation of the public convenience.
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. Item 2800-0105 in section 2E of chapter 352 of the acts of 2004 is hereby amended by striking out the words "expended for the repairs and improvement of the Walter C. Bryan Memorial Rink" and inserting in place thereof the following words:- provided to the Eileen Patricia Sullivan Roche Foundation for the repair and improvement of the Jim Roche Memorial Rink, formerly the Walter C. Bryan Memorial Rink.
SECTION 2. Notwithstanding any general or special law, ordinance, rule or regulation to the contrary, but subject to the wage requirements of sections 26 to 27H, inclusive, of chapter 149 of the General Laws, the Eileen Patricia Sullivan Roche Foundation, as the donor of $2,000,000 for the repair and improvement of the Jim Roche Memorial Rink in the West Roxbury section of the city of Boston, subject to the approval of the commissioner of capital asset management and maintenance acting in consultation with the commissioner of the department of conservation and recreation, may complete a capital repair program in accordance with item 2800-0105 of section 2E of chapter 352 of the acts of 2004 with its donated funds. The capital repair program shall include, but shall not be limited to, the repair and reconstruction of buildings, improvements to the grounds, and the repair, refurbishing and purchase and installation of new equipment.
SECTION 3. (a) Notwithstanding section 54 of chapter 7 of the General Laws, the division of capital asset management and maintenance, on behalf of and in consultation with the department of conservation and recreation, may, notwithstanding sections 40E to 40I, inclusive, of chapter 7 of the General Laws and using whatever competitive proposal process the commissioner of the division approves as necessary or appropriate, lease and enter into other agreements, for a term not to exceed 3 years, to or with 1 or more offerors who participate in that process, for the Jim Roche Memorial Rink, so as to provide for the continued use, operation, maintenance, repair and improvement of the rink together with the land and appurtenances associated therewith.
There shall be an option for renewal or extension for operations and maintenance services not exceeding an additional 3 years. This renewal or extension shall be at the discretion of the division of capital asset management and maintenance in accordance with the original contract terms and conditions or contract terms and conditions more favorable to the state. Any lease shall require 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 or on the land during the term of the lease.
The lease and other agreements shall be on terms acceptable to the commissioner of capital asset management and maintenance after consultation with the commissioner of the department of conservation and recreation, and, notwithstanding any general or special law to the contrary, shall provide for the lessee to manage, operate, improve, repair and maintain the property. The lease and 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 a minimum, performance specifications. The lease and other agreements shall provide that any benefits to the commonwealth and the costs of improvements and repairs made to the property provided by the tenants or the recipients of the property shall be taken into account as part of the consideration for such lease or other agreements. The division, in consultation with the department, shall structure the lease and other agreements 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 lease or other agreements shall be payable to the department of conservation and recreation for deposit into the Roche Community Rink Fund in accordance with section 2NNN of chapter 29 of the General Laws. The lessee of the property shall bear all costs approved as necessary or appropriate by the commissioner of capital asset management and maintenance for the transaction including, without limitation, all costs for legal work, survey, title and the preparation of plans and specifications.
(b) The division of capital asset management and maintenance, in consultation with and on behalf of the department of conservation and recreation, shall solicit proposals through a request for proposals which shall include key contractual terms and conditions to be incorporated into the contract, including, but not limited to: (1) a comprehensive list of all rinks operated by the responsive bidder or offeror in the last 4 years; (2) other facilities management or experience of the responsive bidder or offeror; (3) other skating or hockey management experience of the responsive bidder or offeror; (4) a residential discount program; (5) reservation policies; (6) proposed reasonable rates that will ensure continued public access; (7) required financial audits; (8) policies to encourage use of the rink by persons of all races and nationalities; (9) safety and security plans; (10) seasonal opening and closing dates; (11) hours of operation; and (12) how the operator will satisfy the following ice time allocation guidelines. Ice time at rinks under the jurisdiction of the division of urban parks and recreation shall be allocated to user groups in the following priority order: general public skating; nonprofit youth groups; school hockey; youth groups other than nonprofit 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, to be determined by the department, 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.
When evaluating proposals that are otherwise comparable, the division, in consultation with the department, shall prefer any proposal to lease the rink that is submitted by a city or town where the rink is located, or by a nonprofit youth hockey organization located in the city or town where the rink is located, provided that the proposal complies with the ice time allocation guidelines outlined above.
(c) It shall be a mandatory term of any request for proposals issued by the commissioner and of any contract entered into by the commonwealth with any party regarding the subject matter of this act that any party that has entered into a contract pursuant to this act shall require, in order to maintain stable and productive labor relations and to avoid interruption of the operation of the rink and to preserve the safety and environmental conditions of the rink, that all employees currently working on the operation and maintenance of the rink be offered employment by any party entering into a contract pursuant to this act. Upon the execution of any agreements authorized by this act, the department of conservation and recreation shall reassign or relocate those employees who do not accept employment with the lessor, to comparable positions within the department subject to applicable collective bargaining agreements.
(d) 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 which is awarded a contract pursuant to this act, except as provided in this act.