LBD15591-01-4
S. 9371 2
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. Any and all proceeds related to the leases
authorized by this act shall be used for the benefit of the Farmingdale
campus and the allocation of such proceeds shall be subject to approval
by the Trustees.
§ 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 Farmingdale state
development corporation 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 Farmingdale state
development corporation as described in section twelve of this act that
involves the design, construction, reconstruction, demolition, exca-
vation, rehabilitation, repair, renovation, alteration or improvement of
Farmingdale state development corporation property.
(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-
S. 9371 3
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.
§ 7. Nothing in this act shall be deemed to waive or impair any rights
or benefits of employees of the state university of New York that other-
wise would be available to them pursuant to the terms of agreements
between the certified representatives of such employees and the state of
New York pursuant to article 14 of the civil service law; all work
performed on such property that ordinarily would be performed by employ-
ees subject to article 14 of the civil service law shall continue to be
performed by such employees.
§ 8. Notwithstanding the provisions of any general, special, or local
law or judicial decision to the contrary:
(a) Farmingdale state development corporation 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 Farmingdale state development corporation's request for
proposals for the project and when the Farmingdale state development
corporation 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 Farmingdale state development corporation 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.
§ 9. 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 Farmingdale state
development corporation, and parties contracting with Farmingdale state
development corporation, 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 mort-
gages and assignments of rents and leases), by Farmingdale state devel-
opment corporation and parties contracting with Farmingdale state devel-
opment corporation for the purposes of completing the project described
in this act.
§ 10. 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.
§ 11. 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.
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§ 12. The property authorized by this act to be leased to Farmingdale
state development corporation is generally described as that parcel of
real property with improvements thereon consisting of a total of 9.26
acres situated on the campus of the State University of New York at
Farmingdale. 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 Melville, Town of Huntington, County of Suffolk and State of
New York, being more particularly bounded and described as follows:
BEGINNING at the corner formed by the intersection of the southerly side
of Melville Road with the westerly side of Route 110 (Broad Hollow
Road).
Running Thence the following 12 (twelve) courses and distances:
1. Southerly, along the westerly side of Route 110, along the arc of a
curve, bearing to the right, having a radius of 5629.58 feet and a
length of 241.37 feet;
2. Still along said side, South 18 degrees 09 minutes 05 seconds West, a
distance of 121.11 feet;
3. Westerly, North 56 degrees 29 minutes 30 seconds West, a distance of
100.00 feet;
4. Southerly, South 15 degrees 47 minutes 32 seconds West, a distance of
125.97 feet;
5. Westerly, North 56 degrees 29 minutes 30 seconds West, a distance of
545.14 feet;
6. Still westerly, North 56 degrees 05 minutes 25 seconds West, a
distance of 382.45 feet;
7. Still westerly, North 56 degrees 57 minutes 00 seconds West, a
distance of 300 feet, to the southerly side of Melville Road;
8. Easterly, along said side, along the arc of a curve, bearing to the
right, having a radius of 512.54 feet, and a length of 485.98 feet;
9. Still along said side, South 66 degrees 50 minutes 52 seconds East, a
distance of 196.45 feet;
10. Still along said side, along the arc of a curve, bearing to the
left, having a radius of 1313.24 feet and a length of 274.97 feet;
11. Still along said side, South 78 degrees 50 minutes 40 seconds East,
a distance of 228.40 feet;
12. Still along said side, South 45 degrees 52 minutes 29 seconds East,
a distance of 130.39 feet, to the westerly side of Route 110, at the
Point or Place of BEGINNING.
Containing within said bounds an area of 9.26 acres more or less.
Subject to all existing easements and restrictions of record.
§ 13. The state university of New York shall not lease lands described
in this act unless any such lease shall be executed within 5 years of
the effective date of this act.
§ 14. 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.
§ 15. This act shall take effect immediately.
