N.Y. Comp. Codes R. & Regs. tit. 9 § 301.4

Current through Register Vol. 46, No. 45, November 2, 2024

Section 301.4 - Fees

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.

N.Y. Comp. Codes R. & Regs. Tit. 9 § 301.4