S T A T E O F N E W Y O R K
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8187--A
Cal. No. 1425
I N S E N A T E
April 16, 2018
___________
Introduced by Sen. FLANAGAN -- read twice and ordered printed, and when
printed to be committed to the Committee on Higher Education --
reported favorably from said committee, 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 in relation to granting the state university of New York the
authority and power to enter into a lease with the Ronald McDonald
House of Long Island, Inc.
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Legislative findings. The legislature finds that the State
University of New York at Stony Brook ("University") is in need of addi-
tional facilities to fulfill its legislatively mandated mission of
research, education, and provision of health care services. Specif-
ically, Ronald McDonald House of Long Island, Inc. has offered to
construct, maintain and operate a "Ronald McDonald House" to support the
operations of Stony Brook University Hospital's Children's Hospital.
Furthermore, such activity will promote the provision of quality pedia-
tric health care services to the surrounding community.
The legislature further finds that granting the trustees of the State
University of New York the authority and power to lease and otherwise
contract to make available grounds and facilities of the campus of the
State University of New York at Stony Brook will ensure such activity
will promote the provision of quality pediatric health care services to
the surrounding community.
§ 2. Notwithstanding any other law to the contrary, the state univer-
sity trustees are hereby authorized and empowered, without any public
bidding, to lease and otherwise contract to make available to Ronald
McDonald House of Long Island, Inc., a not-for-profit corporation (the
"Ground Lessee"), a portion of the lands of the University generally
described in this act for the purpose of constructing, maintaining and
operating a Ronald McDonald House to support the provision of quality
pediatric health care to the surrounding communities and the missions of
the State University of New York. Such lease or contract shall be for a
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15336-02-8
S. 8187--A 2
period not exceeding 50 years without any fee simple conveyance and
otherwise upon terms and conditions determined by such trustees, subject
to the approval of the director of the division of the budget, the
attorney general and the state comptroller. In the event that the real
property that is the subject of such lease or contract shall cease to be
used for the purpose described in this act, such lease or contract shall
immediately terminate and the real property and any improvements thereon
shall revert to the State University of New York. Any lease or contract
entered into pursuant to this act shall provide that the real property
that is the subject of such lease or contract and any improvements ther-
eon shall revert to the State University of New York on the expiration
of such contract or lease.
§ 3. Any contract or lease entered into pursuant to this act shall be
deemed to be a state contract for purposes of article 15-A of the execu-
tive law, and any contractor, subcontractor, lessee or sublessee enter-
ing into such contract or lease for the construction, demolition, recon-
struction, excavation, rehabilitation, repair, renovation, alteration or
improvement authorized pursuant to this act shall be deemed a state
agency for the purposes of article 15-A of the executive law and subject
to the provisions of such article.
§ 4. Notwithstanding any general, special or local law or judicial
decision to the contrary, all work performed on a project authorized by
this act where all or any portion thereof involves a lease or agreement
for construction, demolition, reconstruction, excavation, rehabili-
tation, repair, renovation, alteration or improvement shall be deemed
public work and shall be subject to and performed in accordance with the
provisions of article 8 of the labor law to the same extent and in the
same manner as a contract of the state, and compliance with all the
provisions of article 8 of the labor law shall be required of any
lessee, sublessee, contractor or subcontractor on the project, including
the enforcement of prevailing wage requirements by the fiscal officer as
defined in paragraph e of subdivision 5 of section 220 of the labor law
to the same extent as a contract of the state.
§ 5. Notwithstanding any law, rule or regulation to the contrary, the
State University of New York shall not contract out to Ronald McDonald
House of Long Island, Inc. or any subsidiary for the instruction or any
pedagogical functions or services, or any administrative services, and
similar professional services currently being performed by state employ-
ees. All such functions and services shall be performed by state employ-
ees pursuant to the civil service law. Nothing in this act shall result
in the displacement of any currently employed state worker or the loss
of position (including partial displacement such as reduction in the
hours of non-overtime, wages or employment benefits), or result in the
impairment of existing contracts for services or collective bargaining
rights pursuant to existing agreements. All positions currently at the
State University of New York in the unclassified service of the civil
service law shall remain in the unclassified service. No services or
work on the property described in this act currently performed by public
employees or future work that is similar in scope and nature to the work
being currently performed by public employees shall be contracted out or
privatized by the State University of New York or by an affiliated enti-
ty or associated entity of the State University of New York. All such
future work shall be performed by public employees.
§ 6. For the purposes of this act: (a) "project" shall mean work at
the property authorized by this act to be leased to Ronald McDonald
House of Long Island, Inc. as described in section 11 of this act that
S. 8187--A 3
involves the design, construction, reconstruction, demolition, excavat-
ing, rehabilitation, repair, renovation, alteration or improvement of a
Ronald McDonald House.
(b) "project labor agreement" shall mean a pre-hire collective
bargaining agreement between a contractor and a labor organization,
establishing the labor organization as the collective bargaining repre-
sentative for all persons who will perform work on the project, and
which provides that only contractors and subcontractors who sign a pre-
negotiated agreement with the labor organization can perform project
work.
Notwithstanding the provisions of any general, special, or local law
or judicial decision to the contrary: (a) Ronald McDonald House of Long
Island, Inc. may require a contractor awarded a contract, subcontract,
lease, grant, bond, covenant or other agreement for a project to enter
into a project labor agreement during and for the work involved with
such project when such requirement is part of Ground Lessee's request
for proposals for the project and when the State University of New York
at Stony Brook determines that the record supporting the decision to
enter into such an agreement establishes that the interests underlying
the competitive bidding laws are best met by requiring a project labor
agreement including obtaining the best work at the lowest possible
price; preventing favoritism, fraud and corruption; the impact of delay;
the possibility of cost savings; and any local history of labor unrest.
(b) If the State University of New York at Stony Brook does not
require a project labor agreement, then any contractor, subcontractor,
lease, grant, bond, covenant or other agreements for a project shall be
awarded pursuant to section 135 of the state finance law.
§ 7. Without limiting the determination of the terms and conditions of
such contracts or leases, such terms and conditions may provide for
leasing, subleasing, construction, reconstruction, rehabilitation,
improvement, operation and management of and provision of services and
assistance and the granting of licenses, easements and other arrange-
ments with regard to such grounds and facilities by the Ground Lessee,
and parties contracting with the Ground Lessee, and, in connection with
such activities, the obtaining of funding or financing, whether public
or private, unsecured or secured (including, but not limited to, secured
by leasehold mortgages and assignments of rents and leases), by the
Ground Lessee and parties contracting with the Ground Lessee for the
purposes of completing the project described in this act.
§ 8. Such lease shall include an indemnity provision whereby the
lessee or sublessee promises to indemnify, hold harmless and defend the
lessor against all claims, suits, actions, and liability to all persons
on the leased premises, including tenant, tenant's agents, contractors,
subcontractors, employees, customers, guests, licensees, invitees and
members of the public, for damage to any such person's property, whether
real or personal, or for personal injuries arising out of tenant's use
or occupation of the demised premises.
§ 9. Any contracts entered into pursuant to this act between the
Ground Lessee and parties contracting with the Ground Lessee shall be
awarded by a competitive process.
§ 10. The State University of New York shall not lease lands described
in this act unless any such lease shall be executed within five years of
the effective date of this act.
§ 11. The property authorized by this act to be leased to Ronald McDo-
nald House of Long Island, Inc. is generally described as that parcel of
real property with improvements thereon consisting of a total of approx-
S. 8187--A 4
imately 2.55 acres situated on the campus of the State University of New
York at Stony Brook. The description in this section of the parcel to be
made available pursuant to this act is not meant to be a legal
description, but is intended only to identify the parcel:
ALL that certain plot, piece or parcel of land situate, lying, and
being at Stony Brook, in the Town of Brookhaven, County of Suffolk and
State of New York, being bounded and described as follows:
BEGINNING at a point on the campus of Stony Brook University, on the
easterly side of Health Sciences Drive and the northerly side of the
entrance to Chapin Apartments, said point having a State Plane Coordi-
nate (SPC 3104 NY L) location of N 271360.8745, E 1229873.8528;
RUNNING THENCE along the easterly side of Health Sciences Drive North
27 degrees 7 minutes 11 seconds West, 84.17 feet;
THENCE along the arc of a non-tangent curve bearing to the left,
having a radius of 73.00 feet and a length of 84.87 feet, the chord of
which bears North 27 degrees 8 minutes 28 seconds West, 80.17 feet;
THENCE North 27 degrees 4 minutes 45 seconds West, 98.71 feet;
THENCE North 51 degrees 5 minutes 34 seconds East, 70.55 feet;
THENCE South 84 degrees 1 minute 34 seconds East, 245.01 feet;
THENCE South 72 degrees 45 minutes 33 seconds East 311.86 feet;
THENCE South 13 degrees 50 minutes 29 seconds West, 118.38 feet;
THENCE Due West, 270.13 feet;
THENCE South 52 degrees 30 minutes 19 seconds West, 97.10 feet;
THENCE South 2 degrees 57 minutes 44 seconds East, 23.18 feet;
THENCE South 89 degrees 18 minutes 30 seconds West, 43.12 feet;
THENCE North 2 degrees 57 minutes 44 seconds West, 29.20 feet;
THENCE South 83 degrees 20 minutes 7 seconds West 34.43 feet;
THENCE along a curve bearing to the right, having a radius of 22.00
feet and a length of 26.70 feet, to THE POINT OR PLACE OF BEGINNING.
Containing: 111,263 square feet or 2.55 acres, more or less. Subject
to all existing easements and restrictions of record.
§ 12. Insofar as the provisions of this act are inconsistent with the
provisions of any law, general, special or local, the provisions of this
act shall be controlling.
§ 13. This act shall take effect immediately.
