New York Codes, Rules and Regulations › Title 9 - EXECUTIVE DEPARTMENT › Subtitle G - Office of General Services › Chapter IV - Facilities Planning And Operation › Subchapter A - Division Of Building Administration › Part 301 - Use Of State Property › Section 301.4 - Fees

Current through Register Vol. 46, No. 28, July 10, 2024
The following information concerning fees shall apply to
						all organizations using State property, except for the use of State facilities
						within the Empire State Plaza at Albany under a license issued by the
						commissioner acting in a proprietary capacity through the OGS Convention
						Center:
(a) No fee will be charged for
					 events conducted or sponsored by a New York State department, agency, board,
					 institution, commission or authority.
(b) All others will be charged for the
					 temporary use of particular State facilities, such as meeting rooms or similar
					 space, and for related, maintenance, labor, technical, custodial and security
					 services, insurance and overtime. Minimum fees are established from time to
					 time by the commissioner and may be obtained from the appropriate facility
					 manager. Actual fees may vary to reflect any special requirements or extended
					 period of use.
(c) Fees for law
					 enforcement or security personnel. The commissioner reserves the right to
					 require the presence of State Police and/or security guards at any event and to
					 impose a fee based on the facility manager's determination of the actual cost
					 thereof. The number of State Police personnel or security guards required will
					 be determined by the commissioner.
(d) Insurance. Insurance requirements are
					 established to provide adequate funding for the indemnification of the State of
					 New York and the office for claims of bodily injury or property damage arising
					 out of or in any way connected with use of State facilities as provided herein.
					 It is the policy of the Office of General Services to require commercial
					 general liability insurance with limits of not less than $1,000,000 per
					 occurrence, $2,000,000 in the aggregate, naming the People of the State of New
					 York and the Office of General Services, as additional insureds. A certificate
					 of insurance in a form acceptable to the commissioner, naming the State as an
					 additional insured, must be delivered to the commissioner prior to the
					 commencement of any event. Alternate arrangements may be made for self-insured
					 governmental entities upon prior approval of the commissioner, provided that
					 comparable financial security is secured.
(e) Financial security. The commissioner may
					 require that users provide financial security with respect to any reasonably
					 anticipated costs associated with an event. Such financial security may take
					 the form of a cash deposit, a surety bond, a letter of credit or other similar
					 device acceptable to the commissioner.
(f) Waiver of fees.
(1) The commissioner reserves the right to
					 waive fees charged for maintenance, custodial or security services if, in the
					 reasonable judgment of the commissioner, such fees would impose an undue
					 financial burden upon the applicant organization, as attested to by a
					 responsible official of the applicant and supported by appropriate
					 documentation.
(2) The commissioner
					 reserves the right to waive fees charged to public corporations, political
					 subdivisions, or agencies of the Federal government for maintenance, custodial
					 work and security services if the commissioner deems such waiver to be in the
					 best interests of the State.
(3) In
					 the case of the use of State property by public corporations, political
					 subdivisions, or agencies of the Federal government, as well as by State
					 departments, agencies, boards, institutions, commissions, authorities and
					 not-for-profit entities and unincorporated small businesses not planning to
					 engage in the sale of food or beverages or a high risk activity (as reasonably
					 determined by the commissioner) on State property, for which the provision
					 thereof would impose an undue financial burden upon the not-for-profit entity
					 or unincorporated small business, as attested to by a responsible official of
					 the not-for-profit entity or unincorporated small business and supported by
					 appropriate documentation, the facility manager, after receiving the
					 commissioner's approval, may waive the requirements for insurance and bonding
					 heretofore outlined.
(4) Current
					 providers of childcare services on State property, are exempt from the
					 provisions of this Subpart. The commissioner may partially or wholly waive
					 usage fees upon finding that such waiver advances the interest of the
					 State.