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HomeMy WebLinkAboutOpen Session Packet 02 11 2014TOWN OF FRAMINGHAM BOARD OF SELECTMEN Memorial Building 150 Concord Street Framingham, MA 01702 Dennis L. Giombetti, Chair Laurie Lee, Vice Chair Michael J. Bower, Clerk Charles J. Sisitsky Jason A. Smith February 11, 2014 Memorial Building Open Session will convene in Nevins Conference Room at 6:15 p.m. followed immediately by Executive Session. At the conclusion of Executive, the Board will reconvene in Open Session at 7:00 p.m. in the Ablondi Meeting Room. Executive Session 1. Russo Brothers, 222 Walnut Street and Potential Litigation Decision per G.L. c. 30A, secs. 21(a)(3)(7) and Suffolk Construction v. DCAM 449 Mass. 444 (2007) 2. Walden Behavioral v. TOF, per G.L. c. 30A, secs. 21(a)(3)(7) and Suffolk Construction v. DCAM 449 Mass. 444 (2007) 3. Collective Bargaining for FPSOA/Superior Officers and Fire Deputy Chief MOA per G.L. c. 30A, secs. 21(a)(3) (7)and Suffolk Construction v. DCAM 449 Mass. 444 (2007) Open Session 1. Keefe Tech Roof Project Presentation by Superintendent Jon Evans and BoS Consideration on Recommendation of Project Public Participation 2. Town Manager's Report • Snow & Ice Deficit Spending Vote 3. Public Hearings a. Consideration of Class II Auto Dealers License — J. White's Automotive, 1800 Worcester Road b. Consideration of New Common Victualer License — Goody's Pizza, 795 Concord Street c. Consideration of Petition For Joint Pole Location — Verizon New England Inc. & NSTAR Electric, Leland Street 4. Easements for 583 Edmands Road Projects 5. Procurement Overview Presentation 6. First Reading of Policies: a. Policy on Purchase Orders and Bid Procedures b. Policy on Designer Selection Procedures c. Policy on Nevins Hall Rental d. Policy on Appointment of Constables e. Policy on Employees Recognition Policy 7. Assignment of the FSU Lease at the Maynard Building to the Danforth Art Museum 8. Continued Discussion Regarding FYI Budget Selectmen Reports 1 aieda�j joo�j paleaalaoo`d `dBSW J looqos IeOl,uqOGi leu leu xasaIppiw qjnoS ' r ��• rJ LI 5 { � ) I ..: �. � . J � �'• i �.. �a � �s �s ,� ��. -. 'f i� � . i' • �: s9 b• I�F !�, w .�f r. �{[ � I }� �� �. -.. 4 � ti r ;�J ` i SOUTH MIDDLESEX REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT 750 Winter Street • Framingham, MA 01702 • 508- 416 -2100 • Fax 508- 879 -1059 JAMES M. LYNCH Superintendent /Director fly eh(_&j P_kee/eek -_org KIRSTEEN LEVEILLEE Business Manager kle_v_eilleeAipke0 hs,org Executive Summary — FY15 Preliminary Budget Administration met in October for Superintendent guidance on budget preparation. Notifications were sent to all Lead Teachers to develop a level- funded budget with input from their department members on priorities for resource allocation. Included in the administrative projections are the steps and lanes for all three collective bargaining units with a 1.5% Cost of Living Allowance; contractual increases for administration; extraordinary maintenance expense and new debt expense for the roof repair. The overall Full -Time Employees (FTE) only changed by an increase of .25 for secretarial support of the Director of Career & Technical Education. Savings were realized through new service contracts, most recently the school bus transportation coming in at a level- funded cost from FY14. The health insurance was projected at the industry standard increase of 8% as recommended by our new self - insured carrier the West Suburban Health Group. The Budget Sub - Committee met on December 4, 11, and 18 voting Ed Burman as Chairman. The first meeting included presentations on the School Committee /Superintendent's function codes; the Principal's area including student activities and professional development; and the custodial /maintenance categories. At the second meeting, all the teaching categories were presented covering Special Education, Academic and Vocational departments as well as Guidance and recruitment. The final meeting covered Finance and Business Operations; Fixed Charges; Salaries and Benefits; bus transportation; capital improvement and the potential Debt category for the roof project. The overall FY15 Budget expense, including $415, 000 for principal and interest Debt, is $17,830,750 a 5.42% percent increase over FY14. Also presented is the total without Debt at $17,415,750 a 2.97% increase. It is requested that the vote for approval of the FY15 Preliminary Budget be made for the total of $17,830,750 at an increase of 5.42 %. ASHLAND • FRAMINGHAM • HOLLISTON • HOPKINTON • NATICK ;�J ` i SOUTH MIDDLESEX REGIONAL VOCATIONAL TECHNICAL SCHOOL DISTRICT 750 Winter Street • Framingham, MA 01702 • 508- 416 -2100 • Fax 508- 879 -1059 JONATHAN EVANS KIRSTEEN LEVEILLEE Superintendent- Director Director of Finance & Business Operations e_v__ans pkeefehs,orb kle_v_eillee pkeefehs,org Keefe Technical School - MSBA Accelerated Roof Proiect Framingham Factors: MSBA Allocation for reimbursement on Keefe Tech Roof project: 69.89% Framingham's percentage ownership of Keefe Tech Capital Roof: 71.01% Framingham's estimated cost on a 5 -yr note at 2.5% Interest: $1,376,090 Framingham's Year- 1 estimated cost on Note with Interest: 289 637 [Yr -2 $281,199; Yr -3 $274,808; Yr- 4 $268,417; Yr -5 $262,026] Framingham cost impact on median house in Year -1: $3.98 Framingham impact on residential tax rate in Year -1: $.04 ASHLAND • FRAMINGHAM • HOLLISTON • HOPKINTON • NATICK South Middlesex Regional Vocational Technical High School District $5,987,420 Roof Repair Project- 5 Year Financing Scenario 69.89% MSBA Reimbursement FISCAL YEAR TEMP. DEBT ISSUED PRINCIPAL OUTSTAND. 2013 $0 $1,802,812 2014 $1,802,812 $1,802,812 2015 $1,440,000 $1,440,000 2016 $1,080,000 $1180100 2017 1720,000 172,000 2018 $360,000 $360,000 2019 3.78% $0 2020 9.65% $0 2021 SHORT BOND ANNUAL NET $0 2022 INTEREST $0 2023 DEBT $0 2024 MEDIAN $0 2025 MEDIAN $0 2026 MEDIAN $0 2027 MEDIAN $0 2028 MEDIAN $0 2029 $0 20`0 SERVICE $0 2031 HOUSE $0 2032 HOUSE $0 2033 HOUSE $0 20" HOUSE $0 2035 HOUSE $0 2036 $0 $0 2037 $0 $0 203 8 $0.00 $0 2039 $0.00 $0 Tax rate based on Fiscal 2013 ssee valuations and median house of $100,000 (for computation purposes) Ashland: 2013 Assessed Valuation: $2,101,056,070 Framingham: 2013 Assessed Valuation: $7,268,634,368 Hollisoton: 2013 Assessed Valuation- $2,033,229,010 Hopkinton: 2013 Assessed Valuation- $2,809,910,656 Natick: 2013 Assessed Valuation- $6,228,971,060 Ashland Per 1,000 Framingham Per 1,000 ;HOlkston Per 1,000 Hopkinton Per 1,000 Natick Par 1,000 1134% IMPACT IMPACT 71.01% IMPACT IMPACT 422% IMPACT IMPACT 3.78% IMPACT IMPACT 9.65% IMPACT IMPACT SHORT BOND ANNUAL NET TERM NOTE INTEREST DEBT STATE DEBT NET RESID. MEDIAN NET RESID. MEDIAN NET RESID. MEDIAN NET RESID. MEDIAN NET RESID. MEDIAN INTEREST PRINCIPAL SERVICE AID SERVICE DEBTSVC TAX RATE HOUSE DEBTSVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE DEBTSVC TAX RATE HOUSE DEBT SVC TAX RATE HOUSE $0 $0 $0 $0 $0 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $45,070 $362,812 $0.00 $407,882.00 $0 $407,882.00 $46,253.82 $0.02 $2.20 $289,637.01 $0.04 $398 $17,212.62 $0.01 $0.85 $15,41794 $0.01 $0.55 $39,360.61 $0.01 $0.63 $36,000 $360,000 $0.00 $396,000.00 $0 $396,000.00 $44,906.40 $0.02 $2.14 $281,199.60 $0.04 $3.87 $16,711.20 $0.01 $0.82 $14,968.80 $0.01 $0.53 $38,214.00 $0.01 $0.61 $27,000 $360,000 $0.00 $387,000.00 $0 $387,000.00 $43,885.80 $0.02 $2.09 $274,808.70 $0.04 $3.78 $16,331.40 $0.01 $0.80 $14,628.60 $0.01 $0.52 $37,345.50 $0.01 $0.60 $18,000 $360,000 $0.00 $378,000.00 $0 $378,000.00 $42,865.20 $0.02 $2.04 $268,417.80 $0.04 $3.69 $15,951.60 $0.01 $0.78 $14,1.88.40 $0.01 $0.51 $36,477.00 $0.01 $0.59 $9,000 $360,000 $0.00 $369,000.00 $0 $369,000.00 $41,844.60 $0.02 $1.99 $262,026.90 $0.04 $3.60 $15,571.80 $0.01 $0.77 $13,948.20 $0.00 $0.50 $35,608.50 $0.01 $0.51 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0 $0 $0.00 $0.00 $0 $0 $0.00 .00 $0.00 $0.00 $0.00 $0.00 $0.00 $000 ..... $000 $000 $000 $000 $0.00 $0.00 $0.00 $187,005A1 $0.00 $0.00 $135,070 $1,802,812 $OAO $1,937,882AO $0 $1,437,882.00 $219,75582 $10.46 $1376,090.01 $1893 $81,778A2 $4.02 $7325194 $2A1 Tax rate based on Fiscal 2013 ssee valuations and median house of $100,000 (for computation purposes) Ashland: 2013 Assessed Valuation: $2,101,056,070 Framingham: 2013 Assessed Valuation: $7,268,634,368 Hollisoton: 2013 Assessed Valuation- $2,033,229,010 Hopkinton: 2013 Assessed Valuation- $2,809,910,656 Natick: 2013 Assessed Valuation- $6,228,971,060 FY2014 FY2013 FY2012 Ashland 89 73 72 Framingham 499 483 483 Holliston 34 31 22 Hopkinton 26 26 26 Natick 63 64 72 TOTALS 1 711 1 677 1 675 ROUGH ESTIMATE FOR ILLUSTRATION PURPOSE 680,315 469,417.36 210,898 4,259,237 2,938,873.65 1,320,364 252,938 174,526.97 ' 78,411 226,772 156,472.45 ' 70,299 578,558 399,205.36 179,353 5,997,820 4,138,496 1,859,324 Pursuant to the District Regional Agreement: § (D) Apportionment of Capital Costs "Each member towns share of the capital cost incurred in connection with the construction, equipping and placing in operation of the initial district school building, including the payment of principal of and interest on bonds, notes or other obligations of the District to finance such capital costs, shall be determined by computing the ratio which the sum of its resident pupil enrollments on October 1 of the three years next preceding the year in which the Committee votes to authorize the incurring of such capital costs bears to the sum of the resident pupil enrollments of all the member towns on October 1 of the same three years; and in the case of capital costs consisting of the payment of principal of and interest on bonds, notes or other obligations issued by the District, the ratio shall not be changed during the period in which such bonds, notes or other are outstanding, except as provided in subsection VII (A)." C: \Google Drive Data \BUDGETS \MSBA Roof Repair 2014 - Percentage Ratios of Ownership Printed on: 1/21/2014 South Middlesex Regional Vocational Technical School District 750 Winter Street • Framingham, MA • 01702 General Laws: CHAPTER 71, Section 16 • PART I ADMINISTRATION OF THE GOVERNMENT Print (Chapters 1 through 182) • TITLE XII EDUCATION • CHAPTER 71 PUBLIC SCHOOLS • Section 16 Status; powers and duties Section 16. A regional school district established under the provisions of the preceding section shall be a body politic and corporate with all the powers and duties conferred by law upon school committees, and with the following additional powers and duties: (a) To adopt a name and a corporate seal, and the engraved or printed facsimile of such seal on a bond or note of the district shall have the same validity and effect as though such seal were impressed thereon. (b) To sue and be sued, but only to the same extent and upon the same conditions that a town may sue or be sued. (c) To acquire property within the towns comprising the district under the provisions of chapter seventy - nine and section fourteen of chapter forty for the purposes of the district and to construct, reconstruct, add to, remodel, make extraordinary repairs to, equip, organize and operate a school or schools for the benefit of the towns comprising the district, and to make any necessary contracts in relation thereto; provided, however, that no property shall be acquired unless the town in which such property is located approves such acquisition by a two - thirds vote at a town meeting which shall be called within sixty days after the district committee authorizes the incurring of debt for such purpose. (d) To incur debt for the purpose of acquiring land and constructing, reconstructing, adding to and equipping a school building or for the purpose of remodeling and making extraordinary repairs to a school building and for the construction of sewerage systems and sewerage treatment and disposal facilities, or for the purchase or use of such systems with municipalities, and for the purpose of purchasing department equipment; or for the purpose of constructing, reconstructing or making improvements to outdoor playground, athletic or recreational facilities; or for the purpose of constructing, reconstructing or resurfacing roadways and parking lots; or for the purpose of any other public work or improvement of a permanent nature required by the district; or for the purpose of any planning, architectural or engineering costs relating to any of the above purposes; provided, however, that written notice of the amount of the debt and of the general purposes for which it was authorized shall be given to the board of selectmen in each of the towns comprising the district not later than 7 days after the date on which the debt was authorized by the district committee; provided further, that no debt may be incurred until the expiration of 60 days after the date on which the debt was authorized; and provided further, that before the expiration of this period any member town of the regional school district may hold a town meeting for the purpose of expressing disapproval of the amount of debt authorized by the district committee, and if at that meeting a majority of the voters present and voting express disapproval of the amount authorized by the district committee, the debt shall not be incurred and the district school committee shall prepare another proposal which may be the same as any prior proposal and an authorization to incur debt therefor. Debt incurred under this section shall be payable within 30 years, but no such debt shall be issued for a period longer than the maximum useful life of the project being financed as determined in accordance with guidelines established by the division of local services of the department of revenue. In the case of a vocational regional school district, if the district agreement so provides or is amended to so provide, such debt may also be incurred if two thirds of the member towns do not vote disapproval within said sixty day period provided that said towns which have not voted disapproval agree, within ninety days of the date on which said debt was authorized, to pay the total bond indebtedness authorized by the district committee without contribution by the member towns which voted disapproval of the amount of said debt. The member towns of such vocational regional school district which have voted disapproval of the new indebtedness shall have the right to retain their membership in the school district as provided in their district agreement except that they shall not be allowed any added enrollment that might result solely from the expansion of facilities that occurs on account of said new indebtedness. file: / / /Sl / ... OMeeting %202014/ Handouts /02% 2011% 202014/ 1.% 20 %20General %20Laws %20 %20CHAPTER% 2071, %20Section %20l6.hbn[02 /10/2014 2:17:11 PM] General Laws: CHAPTER 71, Section 16 (e) To issue bonds and notes in the name and upon the full faith and credit of said district; said bonds or notes shall be signed by the chairman and treasurer of the district committee, except that said chairman by a writing bearing his written signature and filed in the office of said treasurer, which writing shall be open to public inspection, may authorize said treasurer to cause to be engraved or printed on said bonds or notes a facsimile of said chairman's signature, and such facsimile so engraved or printed shall have the same validity and effect as said chairman's written signature, and each issue of bonds or notes shall be a separate loan. (f) To receive and disburse funds for any district purpose. (g) To incur temporary debt in anticipation of revenue to be received from any source. This clause shall also apply to all regional school districts established under the provisions of special laws. (h) To assess member towns for any expenses of the district. (i) To receive any grants or gifts for the purposes of the regional district school or schools. (j) To engage legal counsel. (k) To submit an annual report to each of the member towns, containing a detailed financial statement, and a statement showing the method by which the annual charges assessed against each town were computed, together with such additional information relating to the operation and maintenance of such school or schools as may be deemed necessary by the district school committee or by the selectmen of any member town. (1) To employ a superintendent of schools who may also be a superintendent of one or more of the towns comprising said district and to establish an employment contract for a period of time to provide for the salary, fringe benefits, and other conditions of employment, including but not limited to, severance pay, relocation expenses, reimbursement for expenses incurred in the performance of duties of office, liability insurance, and leave for said superintendent, and said superintendent shall have all the powers and duties imposed upon school superintendents by law. (m) To adopt an annual operating and maintenance budget for the next fiscal year not later than forty - five days prior to the earliest date on which the business session of the annual town meeting of any member town is to be held, but not later than March thirty- first, provided that said budget need not be adopted prior to February first; provided, further, that a superintendent may, with the approval of a majority of the member communities, submit said budget for approval following the notification of the annual local aid distribution, so- called. (n) To incur debt for the purposes and terms specified in clause (d); provided that the vote of the district committee authorizing such debt is approved by a majority of the registered voters in the member towns voting on the question at an election called and held pursuant to the following provisions. The election shall be called by a warrant addressed to the registered voters in the member towns and signed by a majority of the members of the district committee which shall set forth the date of the election, the polling place or places in each town, the hours during which the polls are to be open and the question which is to appear upon the ballot. Notice of the election shall be given by posting a copy of the warrant attested by the secretary of the committee in at least one public place in each town and by publishing a copy thereof at least once in a newspaper of general circulation in the district, said posting and publishing to occur at least ten days before said election. A certificate of the secretary shall be conclusive evidence that the warrant was duly posted and published. The number and location of the polling place, or places, in each town shall be determined by the district committee after consultation with the selectmen thereof; and the hours during which all the polls in the district are open shall be uniform throughout the district and shall be not less than four nor more than eight consecutive hours. The district committee shall be responsible for preparing the ballots used at the election. The town clerk of each town shall certify the results of the election to the district committee. Except as provided herein the election shall be conducted in each town in the same manner as town meetings for the election of town officers. The expenses of the election shall be paid by the regional school district as an operating expense of the district; and if provision for their file: / / /Sl / ... OMeeting %202014/ Handouts /02% 2011% 202014/ 1.% 20 %2OGeneral %2OLaws %20 %2OCHAPTER% 2071, %2OSection %2Ol6.hbn[02 /10/2014 2:17:11 PM] General Laws: CHAPTER 71, Section 16 payment is not included in the budget for the year in which they are incurred, the district committee may use any available funds of the district or may transfer the sums required from appropriations included in the budget. The defeat of a proposal for incurring debt shall not prevent the resubmission of the same proposal as a new authorization. (o) To refinance any debt incurred under paragraphs (d), (e), or (n), in accordance with the provisions of section 21A of chapter 44. (p) To lease, or lease with an option to purchase, equipment for educational purposes. Such leases may be made for periods not exceeding five years. (q) To lease land and buildings for educational purposes. Such leases may be made for periods not exceeding five years. (r) To rent or lease with the approval of the commissioner of education surplus space in a school building of the district to house public or private profit- making businesses or nonprofit organizations; provided, however, that if said school building is in actual use such joint occupancy shall not interfere with education programs being conducted therein; and provided, further, that if said school building is not in actual use, such lease must be approved by the city or town in which the said building is located. Such leases may be made for periods not exceeding ten years. The monies received from such rental or lease shall be kept separate and apart from other funds in the district treasury by the district treasurer, and the principal and interest thereon may be expended without further appropriation by the regional school district committee for the upkeep of the facility in which such surplus space is located; provided, however, that any balance remaining in such account at the close of a fiscal year shall be paid into the excess and deficiency fund, so called, of the regional school district as unencumbered funds and expended as provided in section sixteen 131/2. file: / / /Sl / ... OMeeting %202014/ Handouts /02% 2011% 202014/ 1.% 20 %2OGeneral %2OLaws %20 %2OCHAPTER% 2071, %2OSection %2Ol6.hbn[02 /10/2014 2:17:11 PM] TOWN OF FRAMINGHAM Memorial Building, 150 Concord Street, Room 121, Framingham, MA 01702 508 -532 -5400 1508-532-5409 (fax) I rhalpinkframinhamma.gov I www.framinghamma.gov Town Manager Robert J. Halpin Assistant Town Manager Jennifer Thompson TOWN MANAGER'S REPORT February 11, 2014 Board of Selectmen Dennis L. Giombetti, Chair Laurie Lee, Vice -Chair Michael J. Bower, Clerk Charles J. Sisitsky Jason A. Smith GIC Communications and Transition Plan The letter to municipal employees and retirees regarding the transition to the GIC was dictated by the GIC and was not negotiable. The HR Department made several attempts to negotiate several improvements that would improve the content and was repeatedly told by GIC that they could not vary from the content provided by the GIC. This must be the GIC's mechanism of controlling what is said about their program in the interest of managing what they can deliver. I asked the director to try and determine what the consequences of noncompliance would be moving forward. We will complete the overall communications and transition plan for the transition to the GIC and present it to the Selectmen on March 4 This will include a strategy for communicating separate from the GIC if necessary for clarity, assuming the absence of consequences. We will conduct a joint municipal and school coordination meeting, including Supt. Scott and his HR people, on Thursday, February 13 to review the plan, establish specific time lines, and specific roles and responsibilities. In our interactions with other communities who have made this transition the cooperation of the HR Department in the School Department is essential to a smooth transition of School employees. We need their absolute cooperation in the effort to secure documentation (marriage and birth certificates) and cannot be responsible for the impacts on their employees if this documentation is not provided. We will coordinate that effort with respect to municipal employees and retirees. The Health Fair is being held on the last day of School vacation week in part due to choices made by the School Department and in the interest if assuring maximum time prior to the close of the open enrollment. Having said that this fair in not the only informational outreach event that is planned. A total of 18 informational events will be held at different locations and based on discussions this week regarding the needs of retirees we will probably add to these events: • School Department — 3 events • DPW — 3 events • Police — 3 events — 1 per shift • Fire — 3 sessions • Memorial Building — 2 • Library — 1 • Retirees — 3 — In conjunction with the Callahan Center. We will be reworking this list and adding locations as well as specific dates for each. Framingham State Univ. and MA DCR Land Acquisition DCAMM, on behalf of Framingham State University, has agreed to take title to the land owned the Commonwealth and the DCR around Reservoir 42. This is creating a great deal of concern in the neighborhood, which has arranged for a neighborhood meeting to discuss the matter on February 18 at the Main Library. FSU claims to have agreed to taking the parcels for limited "educational and research purposes" and maintains it has no interest in creating public access to the reservoir short of the Town asking it to do so. The transfer however, does come with a list of obligations which FSU must fulfill including actions related ending encroachments and reestablishing wildlife habitat around the shorelines. I have a copy of those requirements and conducting an assessment. Natick DPW Worker The Department of Public Works will take part in the funeral of Michael McDaniel, the Natick DPW employee killed during a tragic work -site accident. It is anticipated that many Public Works employees and vehicles from across the state will take part in this procession. The Funeral Mass will be held at St. Patrick's Church, 44 East Central Street in Natick at 10:00am. School Department Event The Assistant Town Manager, Director of Community and Economic Development and I attended the First Business and Community Partners Round Table Event hosted by Dr. Scott, Superintendent of Schools. The program included a focus on building stronger relationships between the School Department and community partners, as well as thoughts surrounding innovative approaches to engage students and the community. The MathWorks mentoring program that take place at the Potter Road school was also highlighted. New Employee in Health Department I am pleased to report that the Division of Public Health has recruited an excellent candidate for the position of Sanitarian, Christine Gorwood, who began her employment with the town last week. Christine has been working as an Environmental Analyst in the Community Assessment Program within the Massachusetts Department of Public Health's (MDPH) Bureau of Environmental Health for the past nine years. She has extensive experience working closely with individual communities and their residents. She recently earned her Masters of Science in Civil and Environmental Engineering /Environmental Health from Tufts University, where she wrote integral pieces for the Healthy Community Design Toolkit, created by the Pioneer Valley Planning Commission. Her experience and expertise in environmental health will be an essential part of Framingham's Health Department, as she helps move the department forward into the new age of public health. Comprehensive Zoning Re -write The working group tasked with completing the comprehensive zoning re -write has completed the steps outlined in Phase I of this project. The group will present to the Board of Selectmen, Planning Board and Zoning Board of Appeals at a meeting in March to present the findings of Phase I and make some recommendations on how to proceed with Phase II of this project. Mass Bay Community College CED Director Art Robert and I met with Mass Bay Community College President John O'Donnell to review the status of the colleges proposed campus downtown and to introduce Art. It would appear that DCAMM is on track to release its design program and RFP soon. N �aRPpq,1FV � Town of Framingham Selectmen's Office License Administration 150 Concord Street — Memorial Building — Room 121 Framingham, MA 01702 -8325 Telephone: 508 -532 -5402 FAX: 508 - 532 -5409 Maryellen Rupp License Administrator Class II Used Car Dealer License J. White's Automotive Sales LLC dba: J. White's Automotive Sales 1800 Worcester Road Approved - Building, Treasurer, Fire, Police Hearing Date: February 11, 2014 1. Copy of License. 2. Application. 3. Site Plan/Parking Plan. 4. Corporate Certificate. 5. Business Certificate. 6. Lease. 7. ZBA Decision 13 -40. LIC140010 — Class II Used Car Dealer License N �PPORnTEO � Town of Framingham Selectmen's Office License Administration 150 Concord Street — Memorial Building — Room 121 Framingham, MA 01702 -8325 Telephone: 508 - 532 -5402 FAX: 508- 620 -5910 Maryellen Rupp License Administrator New Common Victualer License Goody's Pizza, Inc. — Pablo Maia dba: Goody's Pizza 795 Concord Street Approved — Treasurer, Fire Pending Final Inspection/Approval — BOH, Building, Police 6 Month Letter - DPW Hearing Date: February 11, 2014 1. Common Victualer's License. 2. Common Victualer's Application. 3. Floor Plan — Site Plan — Description. 4. Lease. 5. Articles of Organization. LIC 140009— Common Victualer License ��PPoG1E � Town of Framingham Selectmen's Office License Administration 150 Concord Street — Memorial Building — Room 121 Framingham, MA 01702 -8325 Telephone: 508 -532 -5402 FAX: 508 -532 -5409 Maryellen Rupp License Administrator Verizon New England Inc. & NSTAR Electric Company Joint Petition For New Pole — Leland Street (Pole No.T.4S — Place one (1) jointly owned pole on Leland Street to provide for the distribution of intelligence and telecommunications and for the transmission of high and low voltage electric current. Leland Street — On the southeasterly sideline, place New Pole No.T.4S approximately 388 feet southwesterly from the center line of Universal Street. Hearing Date: February 11, 2014 1. Letter from Albert Bessett, Verizon. 2. Petition For Pole Location. 3. Order For Pole Location. 4. Petition Plan. 5. Notice of Public Hearing — Mailed 2/4/14. 6. Letter from Robert King, Town Engineer. � N��PPppgTEO \T00`[ Christopher J. Petrini, Town Counsel Barbara J. Saint Andre TOw'N OF FRANIINGHAM MASSACHUSETTS Office of the Town Counsel Petrini & Associates, P.C. 372 Union Avenue . Framingham, ALg 01702 (508) 665 -4310 . Facsimile (508) 665 -4313 www.petrinilaxv.com MEMORANDUM To: Board of Selectmen From: Heather C. White, Petrini & Associates, P.C. cc: Robert J. Halpin, Town Manager William R. Sedewitz, Chief Engineer, DPW Adam W. Kiel, Project Manager, DPW Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Department of Public Works Easement 583 Edmands Road — Edmands Traffic Calming Project Peter L. Mello Heather C. White Christopher L. Brown Attached hereto is a permanent easement presented for acceptance by the Board of Selectmen in connection with the Department of Public Works ( "DPW ") Edmands Road Traffic Calming Project ( "Project "). The easement is needed at 583 Edmands Road for a small portion of roadway that is currently on private property and for the placement of appropriate street signage in the immediate area. Pursuant to Town Meeting authorization granted under Article 18 of the May 1, 2013 Annual Town Meeting. DPW intends to acquire this easement so the Project can be bid and constructed. DPW plans to seek further authorization at the upcoming Annual Town Meeting to adjust the roadway layout to include this area within the public way. DPW obtained an appraisal of the easement, and the fair market value was determined to be $1,651.00. The owners of the property have agreed to accept that amount as full compensation for the easement and have signed the necessary documents, which are attached hereto as Exhibit B for your review and acceptance. DPW representatives will attend the Board's meeting on February 11, 2014 to answer any questions you may have. Thank you. - Dedicated to excellence in public service'- EXHIBIT A PERMANENT ROADWAY EASEMENT cr 0 N 0 A-( a� a� d w a b w M 00 kn We, CHRISTOPHER AND KATRINA GAHAN, having an address of 583 Edmands Road, Framingham, Massachusetts, hereinafter "Grantor', in consideration of One Thousand, Six Hundred Fifty -One Dollars ($1,651.00), the receipt and sufficiency of which are hereby acknowledged, hereby grant to the TOWN OF FRAMINGHAM, a Massachusetts municipal corporation having a usual place of business at 150 Concord Street, Framingham, Massachusetts, hereinafter "Grantee ", a permanent roadway easement over, under, across and upon a portion of that land located at 583 Edmands Road, Framingham, MA, shown as "E -1" on a plan entitled "Town of Framingham Plan of Easement Owned by the Town of Framingham, MA at Edmands Road" recorded herewith. Said easement is for all purposes for which public ways are commonly used in the Town of Framingham, including but not limited to installation, alteration, and maintenance of signage. Being a portion of the premises conveyed to Grantor by deed recorded in the Middlesex South District Registry of Deeds at Book 51236, Page 404. Witness our hands and seal this day of 014. C TOPHER GAHAN MIDDLESEX, SS. On this at�a of) personally appeared identification of which was' preceding document, and ac KATRINA GA COMMONWEALTH OF MASSACHUSETTS Q 2vR 2014, before me, the undersigned notary public, : 4 6h6h ��iroved to me through satisfactory evidence of T�0 &hh jI wA, m to be the person whose name is signed on the owled d that he signed it voluntarily for its stated purpose. Y n t9'A Gp i G i n , Notary Public My commission expires: 7 j ; ) )-5- ACCEPTANCE OF EASEMENT Acceptance of the foregoing Temporary Construction Easement and Permanent Roadway Easement is hereby acknowledged by the Framingham Board of Selectmen on this 1 lth day of February, 2014, pursuant to authority granted by vote under Article 18 of the May 1, 2013 Special Town Meeting. In witness whereof we, the duly elected and qualified Selectmen of the Town of Framingham have hereunto set our hands this 11th day of February, 2014. Dennis L. Giombetti Laurie Lee Jason A. Smith Michael Bower Charles J. Sisitsky COMMONWEALTH OF MASSACHUSETTS MIDDLESEX, SS Then personally appeared before me the above -named being a majority of the Board of Selectmen of the Town of Framingham, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the persons whose names are signed on the preceding document, and acknowledged the same to be their free act and deed before me. Notary Public My commission expires 4 7 �I LOCUS aa� PARCEL E4 AREA A6AHAN IB UT 1, L KATRINA / . �... AREA - ABOUT 1,2885.F. W." - ^ ✓ � & $ L L . '! N /F.NELS . 1 0170 C / I 585 M—DS ROnD ,g 'UP B OK 24818 PACE 1555 / N/ C R/ �0[O�K OT ce ��� } �` Cl 1 \ 09 / hA� LOCUS MAP m it -it NTS IN S70NE 1958 i0 WN gk4i H 4y0 GYOVf _ Ur I MAP 430 BLOCK 1 LOT 1¢A \ N/F MATMEW HEID k GRETLHEN EIA MAP q30 ,y c5 ALEXANDER KHAW N/F EDWARO J. L«'K LOi 1 ""VA, FRAMIN-. MA 01 J01 - B FRANC BOON 432]0 PAGE 8] I BOOK Of�O 4 Vie4 \ k µ O p - ` 1 e CC I PLANS PREPARED BY, 181 Bdf Pedersen, IRS. TOWN OF FRAMINGHAM i81 BalldvaleStreet, Suite 202, Wfl.hgt., MA 01887 HEREO ARE THOSE DNADI G OWNERSHIP AND THE LINES OF PLAN OF STREETS AND WAYB ALREADY ESTASUSHEO, ANDTHATNONEWUNESFORDMSIONOF EASEMENT RESERVED FOR REGISTRY USE ONLY - EXISTING OWNERSHIP OR FOR NEWWAVS ARE SHOWN. CERTIFVT'HATTHIS PLAN HAS BEEN PREPARED OWNED BY THE TOWN OF FRAMINGHAM, MA IN CONFORMITY WITH THE RULES AND AT REGULATIONS OF THE REGISTERS OF DEEDS OF THE COMMONWEALTH OF MASSACHUSETTS. EDMANDS ROAD 9yo • w yo e ! GRAPHIC SCALE II/Z1/2.13 Q au0v 20' 0 20' 40' DATE JE FREV P. BRADFO D, PLS # 41882 SCALE 1=20' November 21, 2013 Overview of Procurement Requirements /Practices Procurement Overview • Applicable to almost all purchases made by municipal and school departments — Supplies, Goods,, Equipment,, Materials — Services — Designers — Building Repairs &Renovations — Public Works Construction — Surplus Equipment — Real Property Transactions (sales and leases) Procurement Overview 0 0 All of these transactions are subject to Massachusetts General Laws with oversight by either the Inspector General of Attorney General Office — MGL 306 Supplies, Services &Real Property — MGL 149 Building repairs &renovations — MGL 7 Designer Selection for Buildings — MGL 30J. 39M Public Works Construction Framingham bylaws require a designated Chief Procurement Official (CPO) Types of Procurement Supplies and Services -Bids: • Up to $10k —Use Best Business Practices • $10 -$25k — Required to Obtain 3 quotes • Over $25k— Invitation for Bids (IFB) — Publicly advertise in Central Register, Newspaper and local bulletin board — Sealed bids are submitted with a public opening at a specific date, time and location — Contract awarded to the responsive and responsible bidder with the lowest price — IFB's are also used for Public Works Construction Types of Procurement Supplies and Services - RFP: • Requests for Proposals (RFP) are permitted only when it is in the local government's interest to do so (reason must be documented) • RFP allows you to evaluate the merits of the proposals and award based on both merit &price • Similar to IFB with some differences: — Evaluators /Committee rates the proposals — Proposals are sealed, but not opened in public — Non -price proposals must be evaluated first before price proposals are opened — Contract is awarded to the most advantageous proposal _ Types of Procurement Building Construction, Renovation or Repairs: • Up to $10k —Use Best Business Practices • $10- $25k— Advertise in Central Register, town website and bulletin board — receive 3 written quotes • Over $25k— Invitation for Bids (IFB) — Same as Supplies and Services • Over $100k— IFB — Also requires filed sub -bids • Building projects estimated to cost over $1.5 million require an Owner's Project Manager (OPM) • If Design of Building is estimated to be over $10k or construction estimated to be over $100k you must use Additional Requirements /Procurement • Prevailing Wage • State Contracts • Consortium Bids (MAPC, Regional) • Exempt contracts (i.e. special education, attorneys, physicians, snow plowing, solid waste removal, ambulance services...) • Disposal of Surplus Supplies /Equipment Types of Procurement Real Property: •Purchase, sale, lease of interest in real property *Determine value in accordance with accepted practices *Over $25k — RFP *More flexible than supplies /services RFP —can be structured more like an IFB or RFP *Unique acquisition procedure but no unique disposition Selection Committees *CPO has authority to award contracts but also has wide latitude to delegate that authority to other employees *CPO can appoint selection committee to conduct evaluation and make recommendation to award — usually for RFP *Evaluation criteria and process defined in RFP *Committee reviews and evaluates relative merits, ranks proposals, sometimes interviews Conflict of Interest • If requested to participate on a committee, must disclose conflicts of interest and defer if no exemption is available • Past or current financial or personal relationship with potential proposer • COIL prohibits using official position to secure unwarranted privilege for a prospective vendor Handling Inquiries • Bid evaluation and contracting authority is delegated to CPO • Unless specifically appointed to a selection or advisory committee, elected official should be removed from procurement process • Important to follow the process outlined in solicitation and treat submissions fairly and consistently • If asked, the Procurement Office evaluates submissions and the Selectmen do not participate in that process. Questions may be directed to Procurement. PUBLIC RECORDS • All documents produced or received in connection with bidding are public records, except proposals in response to RFP until evaluation is complete • To comply with this requirement, a committee that may be subject to OML may meet in executive session to evaluate proposals Summary • Procurement is a complicated and time consuming process • Training &Certification are key to success • Support from Town Counsel is critical • Reinforcement of Rules and Policies help avoid issues, bid protests, law suits, etc • Fairness, Consistency and Transparency are essential • Sunnort from the IG and AG offices o � � Christopher J. Petrini, Town Counsel Barbara J. Saint Andre TOWN OF FRAMMINGHAM MASSACHUSETTS Office of the Town Counsel Petrini & Associates, P.C. 372 Union Avenue . Framingham, MA 01702 (508) 665 -4310 . Facsimile (508) 665 -4313 www.petrinilaw.com MEMORANDUM To: Board of Selectmen From: Heather C. White rc_� Petrini & Associate, P.C. / cc: Robert J. Halpin, Town Manager Jennifer L. Thompson, Assistant Town Manager Mary Ellen Kelley, Chief Financial Officer Jennifer L. Pratt, Chief Procurement Officer, Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Policy on Purchase Orders and Bid Procedures — First Reading Peter L. Mello Heather C. NYVhite Christopher L. Brown In July 2013 the Massachusetts Legislature adopted legislation raising certain bidding and contracting thresholds under G.L. c. 30B. State law now allows the use of sound business practices for contracts up to $10,000, raising the threshold for the requirement of receiving three quotes from $5,000 to $10,000. Additionally, the requirement of a written contract was raised from $5,000 to $10,000. On January 30, 2014, the Policy Subcommittee voted in favor of amendments to the Policy on Purchase Orders and Bid Procedures ( "Policy ") to make the local thresholds consistent with state law. The proposed Policy attached hereto as Exhibit A is now being submitted to the full Board of Selectmen for a first reading at the meeting on February 11, 2014. I will attend the Board's meeting on February 11 to answer any questions you may have. Thank you. 2014.02.06 Memo to BOS re Purchase Orders and Bid Procedures (606 -01) -Dedicated to excellence in public service - / Town of Framingham Board of Selectmen Policy on Purchase Orders and Bid Procedures Issue date: September 8, 2000 Type of policy: New ( x ) Amendment ( ) Effective date: September 15, 2000 Level: Department ( ) Division () Town Wide (x) Policy Statement The following policy sets forth the purchase order thresholds for expenditures by all Town Departments, as well as bid guidelines including thresholds for procurement, preparation of bids, addendum, bid openings, recommendations for award, and contractual items. References M.G.L., Chapter 30B Special Terms "Best business practices ": Sound business practices, which should include some type of informal bidding of goods or services required, in order to determine if goods or services are being received at a competitive price. Policy Description _ I. Purchase Orders A. Purchase Order Thresholds Purchase orders are required only for expenditures in excess of $2,500. No purchase orders will be processed for goods and services below this threshold. In order to maintain financial accountability for all departments at the end 'of the fiscal year, purchase orders in excess of $1,000 are required during the month of June only. All. items in excess of $1,000 must be submitted to the Purchasing Office no less than ten (10) business days prior to June 30 to be encumbered for the current fiscal year. Items received after this date will be held until July F and encumbered against next fiscal year. B. Confirming Purchase Orders Purchase orders must be obtained prior to purchasing goods or services. No purchase will be honored or invoice paid if 1 a purchase order is submitted after the item has been ordered or the work performed. Emergency procurements requiring purchase orders need prior authorization from the Division Head and/or approval from the Purchasing Office. C. Telephone Ordering Purchase orders required in order to make a purchase over the telephone (i.e., supplier will not process order without purchase order number) will be distributed by the Purchasing Office on an as- needed basis. II. Bid Procedures This is not intended as a step -by -step procedure for formally bidding out a product or service; rather, to be used as a guideline in conjunction with Massachusetts Procurement Laws. A. Bid Thresholds As of July X088 the Massachusetts Legislature amended the bid thresholds for procurement to the following: For procurement of goods and services under $10 -5,000, cities and towns should follow "best business practices ". For procurement of goods and services between $10 -,000 and $24,999, cities and towns should obtain three (3) written quotes from vendors. These quotes should be based upon a uniform, written scope of services or specifications. For procurement of goods and services in excess of $25,000, formal bid procedures are required. B. Preparation of Bids Each Department should prepare their own bid packages, including specifications, bid forms, and other relevant information. The Purchasing Department will provide you with standard contracts, forms for non - collusion, certificate of authority, tax compliance, and other relevant bid documents, as well as advertise the bid appropriately. Purchasing will also be responsible for obtaining the Wage Rates from the Department of Labor for each project, if necessary, once we are notified.of the intended bid. Please allow seven (7) to ten (10) working days to obtain the bid rates in your bidding process. C. Addendum Attention should be paid to detail prior to submitting the bid packages to Purchasing for advertising, to avoid unnecessary addendums to the bid package after the initial mailing. Addendum should be used only in those rare circumstances where an omission in the original bid package will either nullify the bid or provide the Town with a product or service that it does not want or cannot use. Addendum will not be issued within five (5) working days of the bid opening. D. Bid Openings Bid openings are conducted in the Purchasing Office at the time and date specified in the bid package and advertisement. The Division Or Department Head that is responsible for the bid must be in attendance at the bid opening, or their representative. This assists the Purchasing Office in answering any questions. specific to the details of the bid from any Bidders in attendance, and often times provides the necessary witness to the bid opening, as required by Mass. Procurement Law. E. Recommendation for Award After. the bids have been opened and recorded, the Division or Department Head will more carefully review the bids and make a recommendation for award to the Purchasing Office. The recommendation for award must be submitted in writing, and will be kept with the bid file. An award letter will not be issued from the Purchasing Office without the written recommendation for award from the Division or Department Head. F. Contracts All procurements equal to or in excess of $10 -5,000 are required by Massachusetts General Law to have a contract or agreement between the parties. In order for the contract to be valid, it must have the following signatures in the following order: The successful Bidder The Chief Procurement Officer The Town Accountant Town Counsel, approving the contract as to form The Town Accountant must also know the funding source for the.piocurement, and it will be noted on the contract in the space provided. The contract or bid number should then be listed on each invoice submitted to the Town for payment by the Bidder under said contract. G. Termination of Bidder In the event that a contract with a Bidder must be terminated for poor or nonperformance, the termination of the contract must be done within the procedure contained in the contract. Since the contract was signed by both the Town and the successful Bidder, and therein contains the termination clause, it is implicitly the procedure agreeable to both parties if such cause arises. Notice of termination will be sent out by the Purchasing Office upon receipt from the Division or Department Head of a written recommendation for termination of the contract and the reasons for termination. If the Division. or Department Head intends to award the bid to the next lowest responsible Bidder, he /she must submit a new letter of recommendation to the Purchasing Office so that a new -award letter may be sent out. TOWN OF FRAMINGHAM MASSACHUSETTS Office of the Town Counsel Christopher J. Petrini, Petrini & Associates, P.C. Town Counsel 372 Union Avenue . Framingham, IOTA 01702 Barbara J. Saint Andre (508) 665 -4310 . Facsimile (508) 665 -4313' www.petrinilaw.com MEMORANDUM To: Board of Selectmen From: Heather C. White �'' Petrini & Associate, P.C. cc: Robert J. Halpin, Town Manager Jennifer L. Thompson, Assistant Town Manager Mary Ellen Kelley, Chief Financial Officer Jennifer L. Pratt, Chief Procurement Officer, Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Designer Selection Procedures — First Reading Peter L. Mello Heather C. White Christopher L. Brown The Designer Selection Law, G.L. c. 7C, § §44 -57, requires municipalities to adopt local designer selection procedures prior to contracting for design services for building projects in accordance with state statute. On January 30, 2014, the Policy Subcommittee voted in favor of proposed Designer Selection Procedures ( "Procedures "). The Procedures were drafted based upon the model procedures published by the Massachusetts Inspector General. The model procedures serve as an excellent starting point while giving municipalities flexibility to modify specific provisions to reflect local practice and utilize alternative options as long as they are consistent with the statute. The proposed procedures attached hereto as Exhibit A include the text of the model procedures except where tracked changes are shown. The tracked changes are suggested modifications specific to Framingham. The Procedures are now being submitted to the full Board of Selectmen for a first reading at the meeting on February 11, 2014. I will attend the Board's meeting on February 11 to answer any questions you may have. Thank you. 2014.02.06 Memo to BOS re Designer Selection (606 -01) - Dedicated to excellence in public service - TOWN OF FRAMINGHAM, MASSACHUSETTS ( "Awarding Authority ") Designer Selection Procedures (Adopted [date]) 1.1 These procedures govern the selection of designers for any municipalal4y or ie ageney- building project subject to the state designer selection law, M.G.L. c. 7C, §§ 44 -57. Any other local law governing the procurement of services will be inapplicable to these procurements. 2.1 The Board of Selectmen ( "Approving Bed-y!+has the authority to conduct the designer selection process for the Awarding Authority. The Approving Body may delegate any duties described herein to the extent such delegation is permissible by law. 3. The ppr ,. ing BedyBoard of Selectmen hereby designates the Chief Procurement Formatted: Indent: Left: -0.25" Officer as the individual who will conduct the designer selection process ( "Approving Body') The Chief Procurement Officer maw delegate the duties associated with the designer selection process to shat e&ign to * ° an individual or group of individuals (hereinafter referred to as "the Committee ") who will conduct the designer selection process for any particular project No member of the Committee shall participate in the selection of a designer for any project if the member, or any of the member's immediate family: a:l_has a direct or indirect financial interest in the award of the design contract to any ` Formatted: Indent: Left: 0.56 °, Hanging: applicant; O.W, Tab stops: 1 ", Left + Not at 1.5" b-.2. is currently employed by, or is a consultant to or under contract to, any applicant; e:3_is negotiating or has an arrangement concerning future employment or contracting with any applicant; or d-.4. has an ownership interest in, or is an officer or director of, any applicant. 4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be advertised in a newspaper of general circulation in the locality of the building project, in the Central Register published by the Secretary of the Commonwealth, and in any other place required by the Approving Body, at least two weeks before the deadline for filing applications. 5. The advertisement shall contain the following, information:, a. a description of the project, including the specific designer services sought, the " ' Formatted: Indent: Left: 0.5 ", Hanging: 0.5" time period within which the project is to be completed, and, if available, the estimated construction cost; b. if there is a program for the building project, a statement of when and where the program will be available for inspection by applicants; C. when and where a briefing session (if any) will be held; d. the qualifications required of applicants; e. the categories of designers' consultants, if any, for which applicants must list names of consultants they may use; f. whether the fee has been set or will be negotiated; if the fee has been set, the amount of the fee must be listed in the advertisement; g. when and where the RFQ can be obtained and the applications must be delivered. 6. The RFQ shall include the current "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction," which is available for download from the Massachusetts Designer Selection Board website_ at P r - ece d ufes f Munieipalities a nd Publi A geneies netwithin P T di ti The Application Form may be > amended to include additional information on a project - specific basis. 7. The Committee shall evaluate applicants based on the following criteria: a. prior similar experience; .- Formatted: Indent: Left: 0.5 ", Hanging: OS b. past performance on public and private projects; C. financial stability; d. identity and qualifications of the consultants who will work with the applicants on the project; and e. any other criteria that the Committee considers relevant to the project. 8. The Committee shall select at least three finalists. Finalists may be required to appear for an interview or provide additional information to the Committee, provided that all finalists are afforded an equal opportunity to do_ so. 9. The Committee shall rank the finalists in order of qualification and'" ;f / \ \ \ No person or i n_applic listed iii t I3soneo Uon The ' 'f a - - consultants, debarred pursuant to M.G.L. c. 149, § 44C, shall be included as�a finalist on the list. xernatfueax eor t e Coin Ett e t t �. ' �h aega u�ee e s rif 8afian,, ct - ` Y9�tGfits \ r [n .eV ,....; The list must be accompanied by a written explanation of the reasons for selection including the recorded vote, if any. The written explanation and recorded vote, if any, shall be public records and shall be maintained in the contract file. 10. If the fee was set prior to the selection process, the Approving Body shall select a designer from the list of finalists. If the Approving Body selects a designer other than the one ranked first by the Committee, the Approving Body shall file a written justification for the selection with the Committee and maintain a copy in the contract file. 11. If the fee is to be negotiated, the Approving Body shall review the list of finalists and may exclude any designer from the list if a written explanation of the exclusion is filed with the Committee and maintained in the contract file. The Approving Body shall request inform the Committee ° fee pr i fr-e of the first ranked designer remaining on the list and the Committee shall request a fee proposal from such designer and begin contract negotiations. The Committee shall consult with the Approving Bodging the negotiations If the Committee and the Approving Body mare utated e to negotiate a satisfactory fee with the first ranked all designer, negotiations sh be to and undertaken with the remaining designers, one at a time, in the order in which they were ranked by the Committee until agreement is reached. In no event may a fee be negotiated which is higher than the maximum fee set by the Approving Body ' prior to selection of finalists. 1 If the Committee and Approving Body is are unable to negotiate a satisfactory fee with any of the finalists, the Approving Body shall recommend that the Committee select additional finalists: 13. The Approving Authority may allow a designer who conducted a feasibility study to continue with the design of a project. However, the Approving Authority may commission, at its discretion, an independent review, by a knowledgeable and competent individual or business doing such work, of the feasibility of the designer's work to insure its reasonableness and its 7 adequacy before allowing the designer to continue on the project, provided the Approving Authority otherwise complies with the statutory requirements for selecting a designer under Chapter 7C of the General Laws, including those set forth in M.G.L. c. 7C, § 54(a)(i). 14. Every contract for design services shall include the following: a. certification that the designer or construction manager has not given, offered, or ._ Formatted: Indent: Lek: 0.5 °, Hanging: 0.S' agreed to give any person, corporation, or other entity any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of the contract for design services; b. certification that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, Y j or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager; C. certification that no person, corporation, or other entity, other than a bona fide full -time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and d. certification that the designer has internal accounting controls as required by M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an audited financial statement as required by c. 30, § 39R(d). All fees shall be stated in design contracts, and in any subsequent, amendments thereto, as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services. 15. The Awarding Authority shall not enter into a contract for design services unless the A::wding Authe� the designer has obtained professional liability insurance covering negligent errors, omissions, and acts of the designer or of any person or business entity for whose performance the designer is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal the lesser of one million dollars or ten percent of the project's estimated cost of construction, or such larger amounts as the Awarding Authority may require, for the applicable period of limitations. A designer required by the Awarding Authority to obtain all or a portion of such insurance coverage at its own expense shall furnish a certificate or certificates of insurance coverage to the Awarding Authority prior to the award of the contract. 16. Every contract for design services shall include a provision that the designer or its consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the individual responsible for administering the design contract. 17. In the event of an emergency that precludes the normal use of these designer selection procedures, the Approving Body may elect to authorize expedited procedures to address the emergency. The Approving Body shalt document in writing the reasons for the emergency declaration, the proposed scope of work, the estimated cost of construction, the established fee for the needed design services, and any other relevant information. The Approving Body may select three finalists from any standing list of designers who have applied for projects of a similar nature, or may otherwise select three designers to be considered as finalists for the project. The Approving Body shall rank the finalists in order of qualification and select the designer for the emergency work. 18. The Awarding Authority shall publish the name of any designer awarded. a contract in the Central Register. 19. The following records shall be kept by the Awarding Authority: a. all information supplied by or obtained about each applicant; Formatted: Indent: Left: 0.5', Hanging: 0.5" b. all actions taken relating to the project; and C. any other records related to designer selection. All records shall be available for inspection by the state Designer Selection Board and other authorized agencies. 20. The Awarding Authority shall evaluate designers' performance on contracts using the Designer Selection Board evaluation form(s) in accordance with M.G.L. c. 7C, § 48(g), and file completed evaluations with the Board and any other agency named in M.G.L. c. 7C, § 48(g). 21. Nothing in these Procedures shall be interpreted to require the establishment of a board or waive or reduce the requirements of any other applicable law or regulation. 22. For any municipal design or construction project that includes fundingprovided by the Commonwealth, in whole or in part (such as reimbursements, grants and the like), ^mss an tswnsthe Awardine Authority must incorporate minority -owned business enterprise and women - owned business enterprise participation goals. If applicable, the Awarding Authority shall take steps to assure that it complies with all State Office of Minority and Women Business Assistance requirements. TOWN OF FRAMINGHAM, MASSACHUSETTS ( "Awarding Authority ") Designer Selection Procedures (Adopted [date]) These procedures govern the selection of designers for any municipal building project subject to the state designer selection law, M.G.L. c. 7C, §§ 44 -57. Any other local law governing the procurement of services will be inapplicable to these procurements. 2. The Board of Selectmen has the authority to conduct the designer selection process for the Awarding Authority. The Approving Body may delegate any duties described herein to the extent such delegation is permissible by law. The Board of Selectmen hereby designates the Chief Procurement Officer as the individual who will conduct the designer selection process ( "Approving Body "). The Chief Procurement Officer may delegate the duties associated with the designer selection process to an individual or group of individuals (hereinafter referred to as "the Committee ") who will conduct the designer selection process for any particular project. No member of the Committee shall participate in the selection of a designer for any project if the member, or any of the member's immediate family: 1. has a direct or indirect financial interest in the award of the design contract to any applicant; 2. is currently employed by, or is a consultant to or under contract to, any applicant; 3. is negotiating or has an arrangement concerning future employment or contracting with any applicant; or 4. has an ownership interest in, or is an officer or director of, any applicant. 4. A Request for Qualifications (RFQ) for each contract subject to these procedures shall be advertised in a newspaper of general circulation in the locality of the building project, in the Central Register published by the Secretary of the Commonwealth, and in any other place required by the Approving Body, at least two weeks before the deadline for filing applications. The advertisement shall contain the following information: a description of the project, including the specific designer services sought, the time period within which the project is to be completed, and, if available, the estimated construction cost; b. if there is a program for the building project, a statement of when and where the program will be available for inspection by applicants; C. when and where a briefing session (if any) will be held; d. the qualifications required of applicants; e. the categories of designers' consultants, if any, for which applicants must list names of consultants they may use; f. whether the fee has been set or will be negotiated; if the fee has been set, the amount of the fee must be listed in the advertisement; g. when and where the RFQ can be obtained and the applications must be delivered. 6. The RFQ shall include the current "Standard Designer Application Form for Municipalities and Public Agencies not within DSB Jurisdiction," which is available for download from the Massachusetts Designer Selection Board website. The Application Form may be amended to include additional information on a project- specific basis. 7. The Committee shall evaluate applicants based on the following criteria: a. prior similar experience; b. past performance on public and private projects; C. financial stability; d. identity and qualifications of the consultants who will work with the applicants on the project; and e. any other criteria that the Committee considers relevant to the project. The Committee shall select at least three finalists. Finalists may be required to appear for an interview or provide additional information to the Committee, provided that all finalists are afforded an equal opportunity to do so. 9. The Committee shall rank the finalists in order of qualification and transmit the list of ranked finalists to the Approving Body. No person or firm, including applicants' listed consultants, debarred pursuant to M.G.L. c. 149, § 44C, shall be included as a finalist on the list. The list must be accompanied by a written explanation of the reasons for selection including the recorded vote, if any. The written explanation and recorded vote, if any, shall be public records and shall be maintained in the contract file. 10. If the fee was set prior to the selection process, the Approving Body shall select a designer from the list of finalists. If the Approving Body selects a designer other than the one ranked first by the Committee, the Approving Body shall file a written justification for the selection with the Committee and maintain a copy in the contract file. 11. If the fee is to be negotiated, the Approving Body shall review the list of finalists and may exclude any designer from the list if a written explanation of the exclusion is filed with the Committee and maintained in the contract file. The Approving Body shall inform the Committee of the first ranked designer remaining on the list, and the Committee shall request a fee proposal from such designer and begin contract negotiations. The Committee shall consult with the Approving Body during the negotiations. If the Committee and the Approving Body are unable to negotiate a satisfactory fee with the first ranked designer, negotiations shall be terminated and undertaken with the remaining designers, one at a time, in the order in which they were ranked by the Committee until agreement is reached. In no event may a fee be negotiated which is higher than the maximum fee set by the Approving Body prior to selection of finalists. 12. If the Committee and Approving Body are unable to negotiate a satisfactory fee with any of the finalists, the Approving Body shall recommend that the Committee select additional finalists. 13. The Approving Authority may allow a designer who conducted a feasibility study to continue with the design of a project. However, the Approving Authority may commission, at its discretion, an independent review, by a knowledgeable and competent individual or business doing such work, of the feasibility of the designer's work to insure its reasonableness and its adequacy before allowing the designer to continue on the project, provided the Approving Authority otherwise complies with the statutory requirements for selecting a designer under Chapter 7C of the General Laws, including those set forth in M.G.L. c. 7C, § 54(a)(i). 14. Every contract for design services shall include the following: a. certification that the designer or construction manager has not given, offered, or agreed to give any person, corporation, or other entity any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of the contract for design services; b. certification that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager; C. certification that no person, corporation, or other entity, other than a bona fide full -time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and d. certification that the designer has internal accounting controls as required by M.G.L. c. 30, § 39R(c), and that the designer has filed and will continue to file an audited financial statement as required by M.G.L. c. 30, § 39R(d). All fees shall be stated in design contracts, and in any subsequent amendments thereto, as a total dollar amount. Contracts may provide for equitable adjustments in the event of changes in scope or services. 15. The Awarding Authority shall not enter into a contract for design services unless the designer has obtained professional liability insurance covering negligent errors, omissions, and acts of the designer or of any person or business entity for whose performance the designer is legally liable arising out of the performance of the contract. The total amount of such insurance shall at a minimum equal the lesser of one million dollars or ten percent of the project's estimated cost of construction, or such larger amounts as the Awarding Authority may require, for the applicable period of limitations. A designer required by the Awarding Authority to obtain all or a portion of such insurance coverage at its own expense shall furnish a certificate or certificates of insurance coverage to the Awarding Authority prior to the award of the contract. 16. Every contract for design services shall include a provision that the designer or its consultants shall not be compensated for any services involved in preparing changes that are required for additional work that should have been anticipated by the designer in the preparation of the bid documents, as reasonably determined by the individual responsible for administering the design contract. 17. In the event of an emergency that precludes the normal use of these designer selection procedures, the Approving Body may elect to authorize expedited procedures to address the emergency. The Approving Body shall document in writing the reasons for the emergency declaration, the proposed scope of work, the estimated cost of construction, the established fee for the needed design services, and any other relevant information. The Approving Body may select three finalists from any standing list of designers who have applied for projects of a similar nature, or may otherwise select three designers to be considered as finalists for the project. The Approving Body shall rank the finalists in order of qualification and select the designer for the emergency work. 18. The Awarding Authority shall publish the name of any designer awarded a contract in the Central Register. 19. The following records shall be kept by the Awarding Authority: a. all information supplied by or obtained about each applicant; b. all actions taken relating to the project; and C. any other records related to designer selection. All records shall be available for inspection by the state Designer Selection Board and other authorized agencies. 20. The Awarding Authority shall evaluate designers' performance on contracts using the Designer Selection Board evaluation form(s) in accordance with M.G.L. c. 7C, § 48(g), and file completed evaluations with the Board and any other agency named in M.G.L. c. 7C, § 48(g). 21. Nothing in these Procedures shall be interpreted to require the establishment of a board or waive or reduce the requirements of any other applicable law or regulation. 22. For any municipal design or construction project that includes funding provided by the Commonwealth, in whole or in part (such as reimbursements, grants and the like), the Awarding Authority must incorporate minority -owned business enterprise and women -owned business enterprise participation goals. If applicable, the Awarding Authority shall take steps to assure that it complies with all State Office of Minority and Women Business Assistance requirements. Christopher J. Petrini, Town Counsel Barbara J. Saint Andre TOWN OF FRANIINGHAM MASSACHUSETTS Office of the Town Counsel Petrini & Associates, P.C. 372 Union Avenue . Framingham, MA 01702 (508) 665 -4310 . Facsimile (508) 665 -4313 www.petrinilaw.com MEMORANDUM To: Board of Selectmen From: Heather C. White 4uD Petrini & Associate, P.C. cc: Robert J. Halpin, Town Manager Jennifer L. Thompson, Assistant Town Manager James J. Paolini, Director of Facilities Management Ashley M. Borges, Office Manager, Facilities Management Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Policy on Nevins Hall Rental — First Reading Peter L. Mello Heather C. White Christopher L. Brown On January 30, 2014, the Policy Subcommittee voted in favor of proposed amendments to the Policy on Nevins Hall Rental ( "Policy "). The revisions are intended to clarify the restrictions on use of the hall, strengthen enforcement mechanisms, and revise the fee schedule. The Policy is now being submitted to the full Board of Selectmen for a first reading at the meeting on February I I' 2014. A redlined draft showing the proposed changes to the Policy is attached hereto as Exhibit A. I will attend the Board's meeting on February 11 to answer any questions you may have. Thank you. 2014.02.06 Memo to BOS re Nevins Hall Rental (606 -01) - Dedicated to excellence in public service - Town of Framingham Board of Selectmen Policy on Nevins Hall Rental Issue date: February 8, 2001 Type of policy: New () Amendment (x) Effective date: February 15, 2001 Amendment date: May 29, 2003 Amendment date: February 5, 2004 Amendment date: June 12, 2007 Amendment date: July. 14, 2009 Amendment date: December 13, 2011 Amendment date: , 2014 Level: Department O Division O Town Wide (x) Policy Statement Subject to availability, consistent with the needs of the Town and requests of the public, and at the discretion of the Board of, Selectmen, Nevins Hall is available for rental to non - profit and commercial groups or individuals for meetings or programs of an educational, informational or cultural nature. References Nevins Hall Rental Application Use of Town Property Agreement Internal Revenue Service (IRS) Code, Section 501 (c)(3) Special Terms None. Policy Description I. Reservations 1 Reservations may be made in person, by mail or telephone, but a reservation form must be completed in advance by an authorized representative of the group or organization. The individual signing the form will be responsible for the conduct of the group and the protection of Town property. In order to ensure that Nevins Hall is available to all who may wish to rent it, advanced bookings will not be taken more than one year in advance of a planned event. The use of Nevins Hall for municipal purposes will take precedence over all other reservations. If the Town cancels a r reservation, every effort will be made to provide as much advance notice as possible. A refund will be issued if a fee has been paid in advance. No set up or breakdown of Nevins Hall is provided by the Town unless arrangements have been made at cost to the renter. The hall floor will be clear of tables and chairs at time of removal. Nevins Hall is available for rental between the hours of 9:00 A.M. through 10:00 P.M. seven days per week. The Town Manager may authorize extended hours on a case -by -case basis. II. Insurance The organization or individual will be required to sign an indemnification agreement with the Town of Framingham for each scheduled event. A general liability policy ($1,000,000) is required as part of the rental agreement. A certificate of insurance must be provided as proof of said policy. The organization shall obtain insurance from a private agency in the amount of $1,000,000 general liability and Property Coverage indemnifying the Town of Framingham. A certificate of insurance shall be presented 14 days prior ine - of the rental naming the Town of Framingham as indemnifted insured The certificate shall include the organization or individual and the function date. Events that are sponsored or co- sponsored by the Town may be eligible for coverage under the Town's insurance policy, at the sole discretion of the Town Manager. The Town is not responsible for the loss or damage to the person or property of any user, or of any individual attending the event. The fact that a group or organization is permitted to meet in Nevins Hall does not in any way constitute an endorsement of that group's policies or beliefs. Smoking is prohibited in all public buildings, which includes Nevins Hall and any portion of the Memorial Building, by definition_ III. Service of Alcoholic Beverages The rental agreement does not include a liquor license. Consumption of alcoholic beverages is prohibited in the Memorial Building, including Nevins Hall, as stated in the Town's General Bylaws (Article V. section 1.4.1). As a result of this bylaw, no group or organization renting Nevins Hall will be permitted to serve, sell or allow the consumption of alcoholic beverages on the premises. The Town of Framingham has zero tolerance for Alcohol on Nevins Hall premises 2 The host of the event is responsible for monitoring guest activities to insure compliance with this prohibition If any alcohol is consumed on the premises, the event will be terminated immediately, all guests will be ordered to leave the premises and the host will forfeit all fees and security deposits Additionally, the host and any individual consuming alcohol on the premises will be subject to enforcement of all applicable laws regarding consumption of alcohol, and the host will be subject to enforcement of all applicable laws and regulations regarding service of alcohol without a license. IV. Fees Regulations concerning the fees for Nevins Hall shall be established by the Town Manager, and shall be reviewed from time to time as is deemed necessary. The schedule of fees is attached to the rental application. Facilities Management will determine the number of custodians needed for each event and calculate the corresponding fee. All fees are payable in advance. The Town Manager may waive the rental fee at his discretion, but that does not relieve the applicant of their responsibility for the additional costs of renting the Hall, including custodial, police and fire details, Nevins Hall Restoration fee and other licenses and permits. V. Police /Fire Details A Police and Fire detail is required for gatherings expecting an excess of one - hundred (2-NIQ J persons. The total number of details will be dependent on the total number of expected participants and will be at the discretion of the Town Manager. Buildi Sen4eesThe applicant shall be responsible for requesting Police and Fire details as required, and all details shall be paid directly to the Framingham 'Police Department and Framingham Fire Department in advance of the scheduled event by the organization or individual renting the Hall. VI. Security Deposit A security deposit of Five One Hundred dollars ($500100200.00) is required at the time of reserving the Hall. This deposit is refundable after the event is held and the Town has conducted an evaluation of the condition of the premises If the event is cancelled before it is held or is terminated for violation of any provision of this policX the Town of Framingham reserves the right to withhold the security deposit as a penalty. Cancelations must be made in writing and received in the Facilities Manageament Office at least 48 hours prior to the function If an event runs overtime, fees for use of custodians during the additional time period will be deducted from the security deposit. VII. Use of Hall The use of tape, nails, and pins on walls, stage or any area shall be prohibited. Any material, cloth paper or decorations used in the hall shall be pre- approved and have a flame certificate approved by the Commonwealth of Massachusetts Fire Marshall and the Framingham Fire Department. Any questions or concerns may be directed to the Building Ser-v ees O ffi- eFacilities Management Office 150 Concord Street, Room 133, Framingham, MA 01702. Phone: (508) 532 -5485, Email: B uilding. Services amb @framinghamma.gov M G r ■ v G• lu, TOWN OF FRAMINGHAM FACILITIES MANAGEMENT DEPARTMENT NEVINS HALL RENTAL APPLICATION Name of Applicant/Organization: Is your organization a non- profit, charitable, or service organization as defined by IRS code section 501(c) (3)? Y ❑ N ❑ (If yes, attach proof of the status to this application.) If a non - profit entity, are you requesting a waiver of the rental fee? Y ❑ N ❑ (Please note on custodian, police, and fire details cannot be waived.) Contact person responsible for Requested Date: Day of Week: Hours of Use: Telephone # Email: Initial here to confirm that you understand alcohol cannot be served. Please give a brief description of the event you are planning, including a description of food items that will be served, sold, or consumed? Will you be charging an admission? Y ❑ N ❑ How Much? Will tickets be sold for this event? Y ❑ N ❑ If so, how many? Approximate number of people expected? Initial here to confirm that you understand you are required to hire a Police and Fire detail if estimated attendance exceeds X 100 people. I have attached a Certificate of Liability Insurance stating that "The Town of Framingham is included as additional insured as respects to the General Liability policy per written agreement/contract." Y ❑ MEMORIAL 13L;ILDING ® 1.50 CONCORD STREET • rRAMINGIIAIt1, MA 01702 PHONE: 508 - 532-5485 • FAX: 508- 732 -5741 Food Permits - Contact Board of Health for requirements 508.532.5470 Fire Details - Contact Fire Department for required permits 508. 532.5930 Police Details- Contact Police Department - Safety Officer, Licensing Officer & Detail Officer - 508. 532.5909 Entertainment License - Contact License Administrator for required permits 508. 532-5402 *All fees are payable in advance: rental, clean up, permits, police, fire, etc.* I have read, understand and will comply with all guidelines written in the Policy for the use of Nevins Hall. Applicantherehyag reel to indemnih, defend and hold harmless Town and its - Formatted: Font: Goudy Old Style, 12 pt, Bold, ............ Ital officers, attorneys, employees, attorneys, and agents from and against any and all claims ic demands. �._ _.... suits, actions, liabilities, darnaees, penalties, iudements, and costs and expenses, includino without Formatted: Font: Goudy Old Style, 12 pt, Bold, Italic limitation the costs and expenses oflitiw on and attorney's fees, of or hyanvone that in any wav is caused hy, arises out of or is occasioned hy, the acts or omissions of applicant in connection with this even or anv activities, operations, conducts, nez&ence, or omissions of applicant or its guests - _ Formatted: Font: Goudy Old Style, 12 pt, Bold, r . .................._......... - -- -- - - - - -- - -- ....... - .._.........._._..................._........ ....................... Italic or went, regardless of whether same is caused in part by Town or an y third parts: -------- __-..__ __ ...._._-_------ _ ------ _-- -- - -_. --- -_._.._.. Formatted: Font: Goudy Old Style, 12 pt, Bold, Italic Signature of Applicant Phone# Date FOR DEPARTMENT USE ONLY Approved: FACILITIES MANAGEMENT - Date _ BOARD OF HEALTH Date FIRE DEPARTMENT Date LICENSE ADMINISTRATION Date POLICE DEPARTMENT Date Deposit Received Y ❑ N ❑ Amount $ By Date Payment Received Y ❑ N ❑ Amount $ By Date Employee Assigned Hours Worked W9 Received Y 0 N ❑ 11EMOR.TAL BUILDING • 1.50 CONCORD STREET • FR.' MINGTIAM, NTA 01702 PHONE: 508- 532 -5485 • FAX: 508 -532 -5741 TOWN OF FRAMINGHAM FACILITIES MANAGEMENT DEPARTMENT Certificate of Insurance Received Proof of Non -Profit Board of Health Permit Police /Fire Detail Y ❑ N El Y F N ❑ Y ❑ N ❑ Y F N MEMORIAL BUILDING •:1.50 CONCORD S'T'REET • FRAMINGIIAM, MA 0 170 PHONE: 508- 532 -5485 a FAX: 508- ;i32 -5 r 41 - - Formatted: Centered ^ ` TOWN OF FRAMINGHAM FACILITIES MANAGEMENT DEPARTMENT _-- 1formatted: Font: 12 pt RENTAL FEE: -��-ommercial,$1500 Formatted: Font: Goudy Old Style, 12 pt Formatted: Font: Goudy Old Style, 12 pt Non-Profit- $750.00 If selling tickets, 5% surcharLye with Nevins Hall Restoration Fee ($50) CUSTODIAN FEE: ~-- ----- ----- --_-- � ` A.- ~ -- Formatted: Font: Goudy Old Style, 12 pt | ---- ---- --- �--- - - - - ----- ------ - - Formatted: Font: Goudy Old Style, 12 Pt .� --- _-- -- - ---- - - - --- ---- -'--- ----- � ---_ - Formatted: No underline MEMORIAL zsm CONCORD STREET ^rRaMovoex.X4.Mxoznn ruomu 508-532-5485 ~r^u:508532'5741 Christopher J. Petrini, Town Counsel Barbara J. Saint Andre TOWN OF FRAMINGHAM MASSACHUSETTS Office of the Town Counsel Petrini & Associates, P.C. 372 Union Avenue . Framingham, MA 01702 (508)665 -4310 . Facsimile (508) 665 -4313 www.petrinilaw.com MEMORANDUM. To: Board of Selectmen From: Heather C. White 0".kD Petrini & Associate, P.C. cc: Robert J. Halpin, Town Manager Jennifer L. Thompson, Assistant Town Manager Alice Clapper, Administrative Assistant Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Policy on Appointment of Constables —First Reading Peter L. Mello Heather C. White Christopher L. Brown It was recently brought to the attention. of the Policy Subcommittee that certain constables are not submitting bonds, annual reports, and fees to the Town as required by state law. On January 30, 2014, the Policy Subcommittee voted in favor of amendments to the Policy on Appointment of Constables ( "Policy ") to clarify these requirements and the Town's enforcement mechanisms. The proposed Policy attached hereto as Exhibit A is now being submitted to the full Board of Selectmen for a first reading at the meeting on February 11, 2014. State statute requires constables to file annual reports with the Town detailing services made and fees collected. A portion of civil service fees must be paid to the Town. A proposed form for submission of the annual report is attached hereto as Exhibit B. Requiring constables to submit their reports on this form should promote consistency and ease the administrative burden of receiving and reviewing reports. Additionally,) have revised the standard appointment letter to refer to the requirements of submitting bonds, reports, and fees to the Town. The revised appointment letter is attached hereto as Exhibit C. While the revisions to the Policy would create greater clarity with respect to the requirements and enforcement mechanisms, the Policy currently in effect gives the Selectmen - Dedicated to excellence in public service - February 6,.2014 Page 2 the authority to take disciplinary action, including termination of appointment, for cause. Cause may include failure to Comply with the requirements of state law, or local policy. As requested, I have drafted a sample notice of hearing, attached hereto as Exhibit D, for the Board's consideration for issuance to any constable who is not in compliance with applicable law, including failure to submit bonds, reports, and/or fees. I will attend the Board's meeting on February 11 to answer any questions you may have. Thank you. 2014.02.06 Memo to BOS re Constables (606 -01) Town of Framingham Police Department Policy on Appointment of Constables Issue date: February 5, 2004 Type of policy: New O Amendment (g) Effective date: February 12, 2004 Amendment date: January 25, 2011 Level: Public Safety ( ) Police Division O Town Wide (x) Policy Statement The Town of Framingham recognizes its responsibility to appoint as constables only those qualified individuals who are of good repute and character. This policy will serve as a guide to the application, screening, and appointment process for the office of Constable in the Town of Framingham. References G.L. c. 41 § 91A — Appointment of Constables in Towns G.L. c. 41 § 91B — Appointments; qualifications; application; investigation. G.L. c. 41 § 94 — Powers and Duties Special Terms None. Policy Description L APPOINTMENT A. Application Candidates for appointment shall submit a completed application to the Licensing Officer of the Framingham Police Department. Section 4. Operational 4.11 1 The application shall contain the applicant's reasons for appointment and other such information as may be reasonably required to determine the applicant's fitness for the position, including but not limited to: a) Residency in, or proximity to, Framingham; b) Ability to read and /or write in several languages; c) Demonstrated experience in serving process; 4�_Demonstrated experience interacting with state and local law enforcement; and d) e) Knowledge of and history of compliance with (if applicable) this policy and state law governing conduct of constables. 2. The application shall also contain a statement as to the moral character of the applicant signed by at least five reputable citizens of Framingham, one of whom must be an attorney -at -law. B. Background Investigation All applicants for the position of Constable must submit to an investigation of their reputation, character, and qualifications to hold the position. The Licensing Officer of the Police Department, or his designee, will conduct this background investigation. The background investigator may personally interview the applicant. C. Recommendation: The Licensing Officer will make a written report to the Chief of Police as to the applicant's suitability for the position of constable. The report will include a summary of the results of the background investigation and findings of fact relative to the applicant's reputation, character, and qualifications. The Chief will make a final written recommendation to the Town Manager as to whether the applicant should be appointed. If the application is not recommended by the Chief of Police for approval, then the application will not go forward unless the applicant specifically requests a hearing before the Board of Selectmen. D. Number of Constables: The number of constables appointed by the Town of Framingham shall be no more than twenty (20) at any one time. An increase in this number must be approved by the Board of Selectmen, subject to the needs of the community. Applications for constable, regardless of qualifications, shall not be accepted for consideration when the available positions are satisfied. Applicants for constable shall be notified in writing of the date and time that their application shall be considered by the Board of Selectmen, at which time the applicant must be present. E. Identification Cards All Constables upon appointment by the Board of Selectmen and being sworn in by the Town Clerk shall receive an Identification Card issued by the Police Department. The Identification Card shall be valid for the term of the appointment or resignation or removal from the position. A new Identification Card with updated photograph is required with each reappointment. Persons appointed shall pay a processing fee of $25.00 for an identification card. Lost identification cards must be reported to the Police Department, replacement cards shall cost $50.00. Identification Cards are the property of the Town of Framingham and must be surrendered upon the demand of the Board of Selectmen. Identification Cards are available only on Thursdays from 9 AM - 12 PM and 1 PM - 3 PM, from the Framingham Police Department. Constables shall submit a valid government- issued photo identification and constable appointment papers to receive identification cards. Constables shall carry identification cards while in the performance of their duties and they shall be displayed upon request by any citizen or police officer. Section 4. Operational 4.11 2 town in a sum of not less than $1,000.00., with sureties approved by the Selectmen, conditioned for the faithful performance of his duties in the service of all civil processes thereon_ with the Town Clerk may within FraminL)ham serve anv writ or other process in a damages are laid at a sum not exceedin $7,000, and and process in replevin in which the subject matter does not exceed in value $7,000. Anppointment to the position of constable is subject to revocation in the event that such bond lapses, expires, or is reduced below the statutory minimum, or in the event that a constable is found to be serving process in matters Fees shall be submitted to the office of the Board of Selectmen on a quarterly basis for for the service of civil process. Such account shall include an itemization of all civil process fees char ed by the constable's civil process office, all revenue received from said fees and process fees under section 95A. Failure to comply with this section shall be grounds for revocation of aDDOintment. Formatted: Font: Not Bold, No underline Fo �pt 12 E Formatted: t: (Default) Times New Roman, t: (Default) Times New Roman, Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font color: Auto, English (U.S.) Formatted: Font: Bold, Underline Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: (Default) Times New Roman, 12 pt Formatted: Font: Bold, Underline Section 4. Operational 4.11 3 IL STANDARDS OF CONDUCT Limitation of Powers and Duties The Town of Framingham appoints constables only for the service of limited forms of civil process within the geographical boundaries of the Town of Framingham. Powers and duties conferred at appointment are strictly limited to only those necessary for this purpose. Constables so appointed are not empowered to and shall not act as police officers. Constables shall not make arrests or otherwise take persons into their custody. They shall not serve warrants, capiases, or criminal process. Constables shall not obtain CORI (Criminal Offender Record Information) through CJIS (the Criminal Justice Information System). RULE 1- CONDUCT UNBECOMING A CONSTABLE Constables shall not commit any specific act or acts of improper, unlawful, disorderly or intemperate conduct, which reflect(s) discredit or reflect(s) unfavorably upon the constable, upon other constables or upon the position of constable. Constables shall conduct themselves at all times, both on and off duty, in such a manner as to reflect most favorably on their position and the Town of Framingham. Conduct unbecoming a constable shall include that which tends to indicate that the constable is unable or unfit to continue in his or her position, or tends to impair the operation, morale, integrity, reputation or effectiveness of the position of constable, or is beyond the scope and authority granted to them under G.L. 41 § 94. RULE 2 — ABUSE OF POSITION With the exception of the collection of established fees for the discharge of their official duties, constables shall not use the prestige or influence of their official position for the private gain or advantage of themselves or another. Except as provided above, they shall not use their official position or badges: (a) for personal or financial gain; (b) for obtaining privileges not otherwise available to them except in the performance of duty, or (c) for avoiding consequences of illegal acts. Constables shall not lend their badges to another person. .ill0ORM1060101191110 0106i0 Constables shall maintain sufficient competency to perform their duty and to assume the responsibilities of their position. Incompetence may be demonstrated by, but is not limited to, the following: a. a lack of knowledge of the application of laws related to the service of process and the duties and responsibilities of constables; b. an unwillingness or inability to perform the duties of the position; C. the failure to conform to work standards established for the position; d. repeated infractions of these rules and /or the Customer Service Policy of the Town of Framingham. Section 4. Operational 4.11 4 RULE 4 — DISPARAGING REMARKS While in the performance of their duties, constables shall not speak slightingly of any minority, race, nationality, gender, or religion, nor make derogatory remarks about individuals on account of their marital status or sexual preference RULE 5 — COURTESY Constables shall not be rude, impolite or inconsiderate to the public, their fellow constables, or Town employees. They shall be tactful in the performance of their duties and are expected to exercise the utmost patience and discretion even under the most trying circumstances. Constables shall answer questions from citizens in a courteous manner and, if unable to supply an answer, shall make every effort to obtain the answer for the citizen, avoiding argument and unnecessary conversation. Constables shall adhere to the Town's Customer Service Policy. IIfto0 VIM 111 Biel 01y MIN YMei While in the performance of their duties, constables shall properly identify themselves to any person requesting this information. Constables shall not use or display blue lights on motor vehicles or use or display badges or other items of identification containing the words "police" or "law enforcement." RULE 7 — TRUTHFULNESS Constables shall speak the truth at all times in the performance of their duties or when discussing a matter arising out of or related to the constable's duties. RULE 8 — POLICY & PROCEDURE COMPLIANCE Constables shall read, be familiar with and comply with the requirements of this policy and the rules and procedures contained herein. RULE 9 — CRIMINAL CONDUCT Constables shall not commit any criminal act (felony or misdemeanor), or violate the regulatory or criminal laws or statutes of the United States or of any state or local jurisdiction (by- law /ordinance). NOTE: A constable may be guilty of violating this rule regardless of the outcome of any criminal court case. Conviction for the violation of any law is prima facie evidence of a violation of this rule. However, even in the absence of a conviction (which requires proof beyond a reasonable doubt), a constable may still be disciplined under this rule for the conduct that was involved since a preponderance of the evidence is the quantity of proof required in such cases. RULE 10 - REPORTING CITIZEN COMPLAINTS Constables shall promptly and courteously make a written record of any complaint made by a citizen against themselves or any other Framingham constable. Constables may try to resolve Section 4. Operational 4.11 5 the complaint; however, they shall not try to discourage any citizen from filing a complaint with the Town. RULE 11— REPORT RULE VIOLATIONS Constables shall, upon observing or otherwise becoming aware of a violation by another constable of the Town's Rules and Regulations or Policies and Procedures, as set forth in this policy or by other directives or as governed by law, report said violations to the Town Manager who will be responsible for appropriate action. 111. COMPLAINT PROCEDURE The Town may take disciplinary action or revoke an appointment at anytime for cause. Cause is defined as any reason as stated in Section II or any other section of these regulations. Complaints against Framingham Constables should be in writing and directed to the Town Manager for investigation. The Town Manager may request the Police Department's assistance in the investigation. A Constable shall receive written notice of the complaint filed against them. Such notice shall state the specific reasons relied on as a cause for disciplinary action and inform the Constable of their right to a hearing before the Town Manager or his designee by applying to him in writing for such a hearing. Such hearing shall be held within twenty -one (21) days after the receipt of a written request thereof. At the hearing, the Constable shall have the opportunity to respond to the complaint filed against them. The Town Manager shall make his recommendation to the Board of Selectmen on a course of action based on the complaint hearing. The Board of Selectmen shall at that time vote to accept the recommendation of the Town Manager, or some other course of action. The decision of the Board of Selectmen shall be final, and not subject to further appeal. IV. REMOVAL FROM OFFICE The Board of Selectmen reserves the right to revoke the appointments of those constables who violate this policy or otherwise demonstrate a lack of fitness for the position. Section 4. Operational 4.11 6 Phone: 877 - 548-8_ E -mail: N/A Re: Constable Appointment Dear TOWN OF FRAMINGHAM BOARD OF SELECTMEN Memorial Building 150 Concord Street Framingham, MA 01702 (508) 532 -5400 Dennis L. Giombetti, Chair Laurie Lee, Vice Chair Charles J. Sisitsky, Clerk A. Ginger Esty Jason A. Smith This letter is to confirm that at our meeting on Febnhw y Q, -0 � xxx the Board of Selectmen voted to appoint you as a Constable for the Town of Framingham. Your appointment is effective through Februar 1 n 4) n NNN In addition, please note that all constables appointed by the Board of Selectmen must now be issued with an identification card from the Police Department, inform ation, All who are appointed shall pay a processing fee of $25.00 for the identification card, which is issued on Thursdays between 9:00 a.m. -noon and 1:00 p.m. -3:00 p.m. from the Framingham Police Department. Further inquiries regarding the identification cards may be directed to the Police Department at (508) 872 -1212 to Officer David Studley at ext. 4225 or Officer John Norton at ext. 4224. Thank you for all your valuable time spent to make Framingham the best community it can be. Congratulations on your appointment. On Behalf of the Board, Dennis L. Giombetti, Chair Encl. cc: Valerie Mulvey, Town Clerk Steven B. Carl, Chief of Police s • � i • � i • •� • _► - • 6 - I T 41 0 • _ _► To EUz h V F - u e x xx, of Framingham in Middlesex County, you are hereby appointed as a Constable for the Town of Framingham. Your appointment is effective through Fehr„ ^, �� �n� xxx BOARD OF SELECTMEN Dennis L. Giombetti Y. Laurie Lee A. Ginger Esty mzw Charles J. Sisitsky Jason A. Smith Framingham February 2011 Framingham A.D. 2011 Then personally appeared before me, the above named, Elizabeth A. Fuller, and took the oath to qualify her as a Constable for the Town of Framingham as above appointed. Before me, Valerie Mulvey, Town Clerk Lisa Ferguson, Assistant Town Clerk TOWN OF FRAMINGHAM Memorial Building, 150 Concord Street, Room 121, Framingham, MA 01702 508 -532 -5400 1508-532-5409 (fax) I selectmen @framinghamma.gov I www.frafninghamma.gov Town Manager Robert J. Halpin Assistant Town Manager Jennifer L. Thompson Town of Framingham Constable Annual Income Report (Submitted no later than April 15) Board of Selectmen Dennis L. Giombetti, Chair Laurie Lee, Vice Chair Michael J. Bower, Clerk Charles J. Sisitsky Jason A. Smith Itemization of all civil process fees charged by the constable's civil process office, all revenue received from said fees and all amounts paid by the constable to the Town of Framingham on account of such civil process fees under M.G.L. c. 41, § 95A: Date of Service Type of Service Total Number Revenue Fee Paid to Date of Served Received Town Payment to Town The undersigned certifies that this is an account of all fees and monies received as a Constable for the Town of Framingham under Chapter 263, §8 of the Massachusetts General Laws for the service of civil process during the past year of , in the total amount of $ Constable Signed under the pain and penalty of perjury this day of 20 Town of Framingham Selectmen's Office 150 Concord Street — Memorial Building — Room 121 Framingham, MA 01702 -8325 Telephone: 508- 628 -1378 FAX: 508- 620 -5910 BY CERTIFIED MAIL /RETURN RECEIPT REQUESTED AND BY REGULAR FIRST CLASS MAIL xxx. 2014 NAME ADDRESS NOTICE OF HEARING: APPOINTMENT AS CONSTABLE G.L. c. 41, § §91 -95B Dear xxx, The Framingham Board of Selectmen has scheduled a hearing in the Peter W. Ablondi Meeting Room, Memorial Building, on xxx, 2014 at 7:15 PM to determine the current extent of your compliance with the state and local requirements relative to your appointment and performance as a constable in the Town of Framingham pursuant to G.L. c. 41, § § 91 -95B and the Policy on Appointment of Constables. You are advised that the Board of Selectmen is authorized by law to take disciplinary action or revoke a constable's appointment for cause, including but not limited to non - compliance with state law or local policy. You have the right to be represented by counsel at the hearing. The Board will consider whether you are in compliance with applicable laws, including submission of bonds, annual reports, and fees. You are asked to have a representative or legal counsel attend this hearing. Sincerely, xxx cc: Robert J. Halpin, Town Manager Christopher Petrini, Town Counsel Town of Framingham Board of Selectmen Policy on Employee Recognition Program Issue date: May 1, 2000 Type of policy: New( x ) Amendment( Effective date: May 8, 2000 Level: Department ( ) Division ( ) Town Wide ( x Policy Statement The employee recognition program is designed to recognize employees for the vital role they play in the success of our organization and in promoting the Town's commitment to operating in an efficient, customer service orientated manner. This program will recognize employees each year for their years of service to the Town and its citizens. Employees who make extraordinary efforts in the delivery of customer service will receive special recognition for their initiative. References None. Special Terms None. Policy Description I. The Program Each fall, the Town of Framingham will hold a recognition dinner in Nevins Hall to recognize and award employees of all municipal departments who have reached a milestone in their service to the Town. Any employee who reaches their fifth, tenth, fifteenth, twentieth, twenty- fifth, thirtieth, or thirty -fifth anniversaries during the calendar year will be recognized. I. Customer Service Awards A customer service award committee will be formed to recognize employees who make exemplary efforts in the pursuit of the Town's customer service ideal. Supervisors, co- workers, customers, or anyone else who can testify to the customer service efforts of any Town employee can make nominations. The nomination can be made for ongoing excellence in customer service or a particular incident where an employee went well above and beyond their role in assisting a customer. The committee will select several award recipients each year who will be recognized at the dinner and receive a gift certificate to a local establishment. The committee will be comprised of the Town Manager, the Chairman of the Board of Selectmen, the Human Resources Director, the president of one of the Town's labor unions, and a representative of the employee council. Nomination forms can be obtained at the Town Manager's Office or at the Human Resources Office. Nominations can also be made directly to the Town Manager by letter. II. Memorial Building Employee of the Quarter Employees located in the Memorial Building will also be eligible for an "Employee of the Quarter" award. This award will be presented during the first week of January, April, July, and October. Co- workers or supervisors can make nominations. A committee comprised of the Town Manager, Human Resources Director, and a representative of the employee council will make the choice. The award will include a reserved parking space for three months. Employees of the Quarter will also be honored at the annual employee recognition dinner. Town of Framingham Board of Selectmen Policy on Employee Recognition Program Issue date: May 1, 2000 Type of policy: New ( ) Amendment ( x ) Effective date: May 8, 2000 Amendment date: (DATE BoS votes on second reading, plus seven Level: D Division Wi The employee recogniti the vital role employee, Town's commitment to program will recognize worker program recognizes emp ay in the attainment of su erating in an efficient, cu individual efforts by em FFramingham. Referen None. ent ,s as the Town's most valuable asset and by our organization in promoting the er service oriented manner. This -es toward citizens, businesses, co- Special Terms None. Policy Description The Employee Recognition Program provides opportunities for citizens, employees and supervisors to recognize staff, subordinates, supervisors, peers and co- workers for their achievements, dedication to public service, and special contributions to the Town's mission in areas such as customer service and superior performance. 1. The Program. Employee Appreciation: Each year, there will be two Employee Appreciation luncheons- an outing in the spring /summer and a Holiday luncheon in fall /winter. 2. Service Awards. An Employee Recognition Committee will be formed to develop the components of an Employee Recognition Program. The committee will be a one -year commitment. The focus will be on recognizing employees who go above and beyond the Town of Framingham's core values of excellence, innovation, integrity, collaboration and respect in serving the citizens of Framingham. These values can be demonstrated by excellence in customer service, suggestions, volunteering on committees, special projects or superior performance. Nominations for employees who demonstrate these values can be made by citizens, peers, co- workers, supervisors, or subordinates. A key component will be to recognize employees in a timely manner. The committee will determine categories of awards such as customer service, innovation, and /or public safety. There will be on- the -spot awards, recognition at board meetings, and annual recognitions of those recognized during the calendar year. The committee will be comprised of one member from Human Resources, Parks and Recreation, Library, Public Works and Tow Hall and will meet monthly. On- the -spot awards will be delivered by the town manager, assistant town manager or a division /department head. ar Q6FORRTEO Christopher J. Petrini, Town Counsel Barbara J. Saint Andre TOWN OF FRAMINGI AM MASSACHUSETTS Office of the Town Counsel Petrini & Associates, P.C. 372 Union Avenue . Framingham, NIA 01702 (508) 665 -4310 . Facsimile (508) 665 -4313 www.petrinilaw.com MEMORANDUM To: Board of Selectmen From: Heather C.,-WEte Petrini & Associates, P.C. cc: Robert J. Halpin, Town Manager Jennifer L. Thompson, Assistant Town Manager Christopher J. Petrini, Town Counsel Date: February 6, 2014 Re: Jonathan Ma.mard Building — Assignment of FSU Lease Peter L. Mello Heather C. White Christopher L. Brown On January 23, 2014, the Town delivered to the Danforth Museum Corporation the deed to the property located at 14 Vernon Street, which includes the Jonathan Maynard Building ( "Building "). The Building is partially occupied by Framingham State University ( "FSU ") pursuant to a lease with the Town dated July 2, 2012. The Town disclosed the existence of the lease to the Danforth prior to signing the Purchase and Sale Agreement for the property, and the parties understoo&& -at the Danforth would take over as FSU's landlord once the property was transferred. To fora- - alize the assignment of the lease, we have prepared.a written Assignment attached hereto as Exhibit A for both parties to execute. I will attend the meeting on February 11, 2014 to answer any questions you may have. Thank you. 2014:02.06 BOS Memo re FSU Lease Assignment (600 -275) - Dedicated to excellence in public service - rl t � EXHIBIT A ASSIGNMENT OF LEASE Assignment made this 23 day of January, 2014, by the Town of Framingham ( "Assignor" or "Town ") to the Danforth Museum Corporation, Inc. ( "Danforth "). WHEREAS, the Town entered into a lease dated July 2, 2012 ( "Lease ") with the Commonwealth of Massachusetts, through the Commissioner of the Division of Capital Asset Management and Maintenance of the Executive Office of Administration and Finance on behalf of Framingham State University ( "FSU "), for a portion of the property located at 14 Vernon Street, Framingham, Massachusetts ( "Property "); and WHEREAS, by deed recorded in the Land Court Division of the Middlesex South District Registry of Deeds on January 27, 2014, as Document #1663.930 with Certificate #255937, Danforth acquired the Property from the Town; WHEREAS, the Lease with FSU continues in force and effect; NOW, THEREFORE, the Town hereby assigns all rights, responsibilities, duties and benefits set forth in the Lease, to Danforth. In accordance with this Assignment, Danforth, as Assignee, agrees to perform all rights, duties and obligations of the Town, as Assignor, with respect to the aforementioned Lease, a true and correct copy of which is attached hereto as Exhibit A. To the fullest extent permitted by law, Danforth agrees to indemnify, defend, and hold harmless the Town, its agents, officers and employees, against any and all claims, liabilities, and costs for any personal injury or property damage, patent or copyright infringement or any other damages that the Town as Assignor may sustain which arise out of or in connection with the Assignee's performance of the Lease, including but not limited to the negligence, reckless or intentional conduct of Danforth, its agents, officers, employees or subcontractors. Danforth shall at no time be considered an agent or representative of the Town. The Town as Assignor and Danforth hereby represent and agree that the person executing this Assignment and acceptance of Assignment has full and complete corporate authority to undertake the acts specified herein and to transmit such assignment by the Town and to accept such assignment by Danforth. This Assignment is dated as of the 23rd day of January 2014, and was made pursuant to a duly recorded vote of the Framingham Board of Selectmen. Town of Framingham, by its Board of Selectmen Dennis L. Giombetti Laurie A. Lee Michael J. Bower Charles J. Sisitsky Jason A. Smith Approved as to form: Christopher J. Petrini Town Counsel 2 ACCEPTANCE OF ASSIGNMENT: On this 23 day of January 2014, the Danforth Museum Corporation, Inc., by and through its , hereby accepts the Assignment referenced herein, and agrees to assume all rights, duties, responsibilities and benefits of the Lease attached hereto as Exhibit A and incorporated by reference. The signator accepting this Assignment hereby represents and agrees to all the terms of said Assignment, and further represents that he has full corporate authority and authorization to accept said Assignment and incur said legal obligations stated therein as reflected in this Assignment and attached Lease. A certificate of Corporate Authorization is attached hereto as Exhibit B. 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