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2017-06-05 BOS Packet - Released
SELECTMEN'S MEETING Monday, June 5, 2017 Selectmen's Meeting Room 7:00 PM AGENDA PUBLIC COMMENTS Public comments are allowed for up to 10 minutes at the beginning of each meeting. Each speaker is limited to 3 minutes for comment. Members of the Board will neither comment nor respond, other than to ask questions of clarification. Speakers are encouraged to notify the Selectmen's Office at 781-698- 4580 if they wish to speak during public comment to assist the Chairman in managing meeting times. SELECTMAN CONCERNS AND LIAISON REPORTS TOWN MANAGER REPORT ITEMS FOR INDIVIDUAL CONSIDERATION 1. Public Hearing- Noise Bylaw(15 min.) 7:00 p.m. 2. Award School Transportation Contract— FY2018-22(5 min.) 7:15 p.m. 3. Award Food Service Contract— FY2018 Including Renewal Options (5 min.) 7:20 p.m. 4. Approve 52 Lowell Street Local Initiative Program Application(10 min) 7:30 p.m. 5. LexMedia Contract Renewal- Discussion(15 min.) 7:45 p.m. 6. Adjust Rates and Qualification Criteria-Senior Service Program(10 min.) 7:55 p.m. 7. Consider Summer Water Use Time Restrictions (10 min.) 8:05 p.m. 8. Approve Cemetery Fee Analysis and Rate Structure(20 min.) 8:15 p.m. 9. Approve Borrowing Term- Compost Trailer and Material Screener(5 min.) 8:35 p.m. 10.Discussion of Options for Use of 20 Pelham Road Property(30 min.) 8:40 p.m. 11. Discussion: Fall Special Town Meeting and Consideration of Debt Exclusion 9:05 p.m. Question(s) (5 min.) 12.Review and Approve Regional Housing Services Agreement(5 min.) 9:15 p.m. 13.FY18 Cost-of-Living Adjustment for Non-Represented Employees (5 min) 9:20 p.m. 14. Selectmen Committee Appointments and Reappointments (5 min.) 9:25 p.m. CONSENT AGENDA 1. Sign Proclamations:Alzheimer's Awareness and Immigrant Heritage Month 2. Sign Scout Commendation Letters - Julianna Winters, M. Cecile Denton and Douglas Amirault 3. Use of Battle Green(2) - Peace Rally and Flag Day Ceremony 4. Approve One Day Liquor Licenses- Wilson Farm(2) 5. Adjustments to Water/ Sewer 6. Approve Request for Water and Sewer Deferral 7. Approve Minutes-November 2016 EXECUTIVE SESSION 1. Exemption 2-Nonunion Personnel-Town Manager's Contract 9:45 p.m. ADJOURN 1. Anticipated Adjournment 10:00 p.m. A Summit Meeting is scheduled for Thursday, June 8, 2017 at Public Services Building at 201 Bedford Street. The next regular meeting of the Board of Selectmen is scheduled for Monday, June 19, 2017 at 7:00 p.m. in the Selectmen Meeting Room, Town Hall, 1625 Massachusetts Avenue. Hearing Assistance Device.v Available on Reque.vt �� �� � All agenda time and the order of items are approximate and subject to change. Recorded by LexMedia AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Public Hearing - Noise Bylaw(15 min.) PRESENTER: ITEM David Cannon-Assistant Town NUMBER: Engineer, David Pinsonneault- Public Works Director 1'1 SUMMARY: A vote is requested for this agenda item. The Department of Public Works would like to perform night work to complete tree removal in preparation for new sidewalks. The work will be performed on Friday, June 9th or Friday, June 16t; between the hours of 3:OOpm- 6:OOam. Location of the tree work will be on Pleasant Street from Worthen Road East to # 41 P leas ant Street. The abutters have been notified, via mail, and a legal notice placed in the Minuteman regarding this public hearing. Abutters have been notified and the hearing was advertised in the paper. SUGGESTED MOTION: Move that the Board of Selectmen grant a Noise Bylaw Special Permit to the Lexington Department of Public Works to carry out tree removal on Pleasant Street from Worthen Road East to #41 Pleasant Street between the hours of 3:OOpm and 6:OOam on Friday June 9th or Friday June 16th. FOLLOW-UP: DPW will coordinate with the tree contractor to perform the work. Abutters will be notified of the exact date. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:00 p.m. ATTACHMENTS: Description Type Site Map Cbvormonx) 1 jZ yew 4 Mn N C 9 4-i� ACC a n� � �% s�� U+� r�.:.:' .. C, ~�� � [�." ., //% rear,:`C0.1w�k0•� ��" y r ar. C 1 k Q a� r o n� l 0 u N r t - _ ® •� �"� r `�e„ pl — Cd rf�� to .. � ufllJlCL J CD 75 C O O N .;r ICU co LO µ N aRi IIII r� 4-0 ��II a -'\' O N Vu IIIIII upI 0 N (6,:` Cu / "�, h>C _• -t C / ;.,� „1� -r# 0 „ICI '� IIIIIIII"' 0 001111 IIIIIWIIIIIIII�''pl� CD 0 II O l ` \ } V LIO '/ ��--pppp 0 IIII }� ', l � IIIIIIIIIIU�IIII Wjl,p.,'..... JIY "'li x. ." 'Y". .-.i .'... „. ,"M!�`�i IIII � _ �"' I"Illm� / I\ �"l/ � f\. Oli it •L X j r /! ICI �Ilppl ICU a ui SS n C Y C � Z.J _ k r r >+ J C r � . i V O N M U = '� � ' r cB ' l � � r ,W 2 2 0- N �'I IIII L N II � " �. II . ° II II II N00 C ILL p,N, r C, X s f \ AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Award School Transportation Contract— FY2018-22 (5 PRESENTER: ITEM NUMBER: Ian Dailey, Assistant Superintendent for Business and Finance 1.2 SUMMARY: A vote is requested for this agenda item. For contracts greater than three years, the Town's general bylaw requires the Town Manager to seek the approval of the Board of Selectmen. The current school bus transportation contract terminates on June 30, 2017. An Invitation for Bids was conducted to establish a new five-year contract covering July 1, 2017-June 30, 2022. On December 28, 2016, the School Department made available its Invitation for Bids for School Bus Transportation Services, including Athletics and Field Trip transportation. As part of the bid process, advertisements were placed in the Lexington Minuteman on December 29, 2016 and January 5, 2017. The bid was also posted in the Goods and Services Bulletin as well as COMMBUYS. Finally, after the IFB was made available, information was sent directly to 9 vendors to review and consider submission. All questions from prospective vendors were due on January 20, 2017. In total, 10 questions were received and answers were provided. Additionally, a total of two amendments were issued in advance of the January 24, 2017 deadline. All bids were due to the Central Administration building by 11:00 a.m. on January 27, 2017. A total of one bid was received from C&W Transportation. The School Committee unanimously supported awarding the contract to C&W Transportation, including athletic and field trip transportation at its February 6, 2017 meeting. SUGGESTED MOTION: Move to authorize the Town Manager to enter into School Bus Transportation Services contract in substantially the form attached, including athletic and field trip transportation, with C&W Transportation for the period of July 1, 2017 through June 30, 2022. FOLLOW-UP: TMO and School Department DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:15 p.m. ATTACHMENTS: Description Type D Bus Cbnr:trra t Rackrrkn Matorrinl 1'�; School rlw, I rairsport,atinli Siurw kge_s If B 13 i dJ ---16-"' 12 2 2' 2 0 16 TOWN OF LEXINGTON LEXINGTON PUBLIC SCHOOLS SCHOOL BUS TRANSPORTATION SERVICES BID PURCHASE AGREEMENT .........................................___.................................... ....11-1-1-1-1-1-1-1-1-1........"I-I... ".,-"-,..................................... T HIS ,,-kGREEMENT("'Agreement"or"Conti-act") is made bet-weer Tile To Nn or Lexington, a municipality of the Commonwealth of Massachusetts, acting through the LKLington Public Schools, as Lexington "TOWN,"and C&NV TransI ortation "'VENDOR" vdiose address is 240 Bedford _ Street.Le-xin tart,NIA 02420 as "VENDOR". In consideration of these Mutual terms and conditions,the parties covenant and agree as follows: The Vendor "ill perform all Nvork, provide -,ill services and labor, materials, transportation, supplies, supervision, organization and other items of work and cost necessar) for the manufacture, delivery, "arranty of those items listed in the Lexington Public Schools School Bus Transportation Services IFB Definitions,'Interpreinti n For the purposes of this contract and any additional instruments %Nhich may become a part of this contract, the terms "contractor," "seller'" and "Vendor" shall be interchangeable. The terms "buyer," ;owner,"' "grantee,""The Tov`n of Lexingon"and '"'the Tovv n"shall be interchangeable. Contractin2 Officer: The ToNkn Administrator kvill enter into and administer this contract and make determinations and findings in regard to the contract on behall'of the Town. Contractor: The successful bidder to%fliom a contract is awarded. Authorized Shmature: The person .Nho executes this contract on behalf of the Bidder/Contractor and i%lio is authorized to bind the Bidder"Contractor, Supplier. Any manufacturer, individual company or agency providing the Products or units, components or subassemblies for inclusion in the Products. Supplier items shall require qualification by type and acceptance tests in accordance with requirements, if any,defined in bidding documents, Work: Any and all labor, piu'pervision,, services, materials machinery, equipment, tools, supplies and facilities called for by the contract and:or nccessary to the completion thereof. Defect: Patent or latent malfunction or failure in manufacture or design of ally component or subsystem that causes the Products to cease operating or causes it/them to operate in a degraded mode. Invitation for Bids: The document provided by the To%%n stating the purchase description, evaluation criteria and instructions for completing the bid, and including other materials, as referenced, as well as addenda. Notice of Aiiard: The written notice sent by the To%�n notifying the Dselected Bidder rsf the a%%ard of contract. Specifications. The %%rinen description and statement of j%,ccs�ary reqUirenients of the Product.,;to be provided. Contract Documents I his ,%grecinent, Invitation to Bid and C()Jlh,K",.I0r's Bid, conditiow;, !;p�eicifiications,addendaaw] modifications constitute file Contract Dccuniciw�= and Specific f'eder-,ll and mate - 82 - 1.1,11" SOlool III', I ranilportat Icwi sicr%uce I[l13 113 I d ,,,1I 161'' , 12 22 2016 inodit"ications COnSfikfte tile Contr&;It. Docuinerts and are compleirientary, Specifo., federall and 5tato laws,dIC WIMIS of this AgreeMent and the Contract Documents (otheir than this Q%grcenient), in that order respectively,supersede other inconsi!;tent provisions. ScoL)g I Agreement 17his order is an offer to purchase and is limited to the terins and conditions contained herein. Any terms and conditions contained in quotations or similar forms of Vender or that may be proposed in any ackno%w ledgeinent or acceptance which are additional to or different frorn these terms and conditions are, hereby rejected and shall not become part of the purchase agreement%vithout Contracting Officer's witten consenL The Vendor shall not produce an) ofthe goods covered by 1.1his purchase order,or procure any.oaf the materials required in their production,or ship any of such goods to the'rown,except to the e\tent authorized in written instructions furnished to the Vendor by the Town or as necessary to meet specific delivery dates provided in this purchase order, 'rhe'l"own shafll have no responsibility for goods for which delivery dates OF SUCh%Vritten instructions have not been provided, Shipments in excess of those authorized may be returned to the Vendor and the Vendor shall pay the Tm%n for all packing, handling,sorting, loading.and transportation expenses in connection%0th such shipments. Unless the Tme n other%,dse agrees, acceptance of any porflon ofthe Products prior to final acceptance shall not release the Vendor from liability for Nulty worknianship,materials, performance,or for fail tire to comply%%ith all of the terins of this Contract. TheTown reserves the right and shall beat liberty to inspect all materials and %%orkmanship at am Urne during the manufacturing process, and shall have the right to reject all materials and workmanship which do not conforrn with the instructions,contract requirements and specifications; provided,however,The Town is under no duty to make such inspection and no impection so made shall relieve Vendor from any obligation to furnish materials and workmanship in accordance with the instrUCtions,contract requirements and specifications. Modification,s The'l`owin may modi Cy this contract and order changes in the%vork to be performed under this contract w%hcnever it shall be deemed necessary or advisable to do so. lf any SLICII drain causes an increase or decrease in the cost of', or the time irequuired for, the perfonnance of any pam of the work under this contract, an equitaWe adjustment shall be made in the contract price or defiwry schedule, or both, and the contract shall be modified in witing accordhigly Tcrin And Teirmination Term The term of this contract%%ill be for five Nears beginning July l, 20 17 eroding,tune 30,2022„ Teirintination For Convenience "rite'rown may lennirrate this Contra" for convenience and without cause,in %%hole or in part, at aauny time by N%dUen notice to the Vendor specifying the WIFITIJnaticn date, The Vetidor shall ii-i-irnediately take all practical steps to minimize its costs to,terminate the work The Vendor shall be paid its actual, necessary and verifiable costs to effect termination irwIudinip clontract closeout costs and a reasonaHe profit on work performed satisfactorily up to the date of termination. The Vendor sliall proimpfl[y submit to thic Tm%n its terininationclahn SUPported by"dictaifled dockunentation of each cost itein claii-ned in a fornisatisfaclory to the'rown. Teirudinafion For efault Ifthe Vendor does not dellllNcr the PIII'uuidiocts Hint a(-r00rr'dJ10CT- "il0l Coiiin'act dcli%erN scho&flk- cr, if 8 2 I PS WV-W4 Bus f ram porlaflon Scr%ices 11 B B id;1 16-`7 12 22 2W6 the Vendor fails to perforin ser%'i,�es in the manner caHed in the Coptract, or if the Vendor faits to colnply %wfth an, other material provisions of the Cojjjjraa i, flic Tm n rnav terminate this Contract in wkhole or in part, for default H",ten days.(or such longer date as the To%wi'I In ay Spec i n fits sole discretion)after the date orthe Tovvn's written notice to the Vendor,die failure of tine performance of' die Vender has not been completely cured or(lie Vendor has not made reasonable progress,as determined by the To%vin in its sole discretion, to cure the fifflure. Termination shall be effiected by serving a notice of termination on the Vendor's representative or aacint in the Curnmonwealth of'Massachusetts or shall be deerned served three(3)days after mailing said notice to the Vendor's address by registered mail. Such notice shall set forth the rnanner in vdflch the Vendor is in default. The Vendor will only be paid the contract price for the Products upon delivery and acceptance,or service satisfactoffly performed in accordance with the manner of perflorniance set forth in the Contract;and any other costs shall be borne by(lie Vendor. The Vendor shall assume and bear all terinination and Contract closeout costs, including those of subcontractors,suppliers and vendors. In the event of a default tennination,the Town shall be entitled to withhold any payments Jaen due or to become duce to the Vendor, reasonable amounts for damages suffered by the Tm�n as a result of flie Vendor's default and to exercise any other rights or remedies available to the Town at law. The Vendor shall also be deemed to be in defiauft upon the occurrence of any one or more of the folloWing events. if"Vendor is bankrupt or insolvent; if"Vendor makes a general assignment for the benefit of creditors, if a trustee or receiver is appointed for Vendor, or for any of Vendor's property; if Vendor files a petition to take advantage of any debtor's act, or to reorganize under any bankruptcy chapter or la%v; U'Vendor repeatedly fails to make prompt payments to vendors,suppliers,subcontractors or others for labor., inateirials,or equipment, if Vendor disregards lm s,ordinances,rules,regUlatiOlIS,or orders of any public body havingjurisdiction; if tine Vendor fails to correct defect(s)noted during acceptance inspection(i)Mthirl sixty(60)days of notification of said derect;and if Vendor violates in any substantial wvay[lie provisions orthe Contract Documents. If it is later determined by the Town that the Vendor wwas not in default, the Tow%n,after establishing a. new delivery schedule, may allow the Vendor to continue%work%%ithout increase in the contract prices, or treat the termination as as termination for convenience. The termination of the Contract flor nonperformance shall in no wa% relieve(lie Vendor from any of its covenants,undertakings, duties and obligations under this Contract, nor limit the rights and remedies of the Town hercurider in any manner whatsoever. Delivery Of Goods And Coo,"I'lietion or,Seiri ices A. Delivery costs are included in each bid pricing item., Vendor rnust not charge additional shipping charges in the cost of tile items listed on the vendor's bid pricing forin B Tinie of Performance The Vendor rnu!l deliver the ProdUCts %w Whin 40 days of the date of'Postimark Of the Purchase order. Faipkirelodeli%,eirorcomp eietlic ProdUCIS %Qhin the tines specified in the Contract Documents, Unless a written emension of tirne has been granted by true To%wn, w01 hkely MSUlt in darnage to flie'l'own. fin that c%eiv, the"Doeskin specfflca�ly ireserwes the right to claim against and recover Frorn the Vendor daniages to the Tokwn, %%hether direct or indirect, caused by or an I sing from such unexcused delays. in cases v,here The'lov%n and tine Vendor agree that iii.t%iould be dH'fiCLd[ to docuirient dain,ages duce W, kak, del:i%ci-a or perlbinnance. it is further agreed flails vwill a flate, o Rf S501 (Fift.N Dollars)jx�r dx�, for e,ach.and e%er) day the Products 83. ...... I PS Sciho(11 Btu I ranspoinafion Set%ices 11 li [lid ,r 16-7 2 22 2016 arc ""1101 jsered Or perlbrnied a ftcr the agreed UM I de I ner% conipiction date. 1 lie I 0%r In flurther reseirves tile rigill ic�cltjirjj SAKII d,alliages as the OCCUR-cluring the Contract as charges against tile Contrad, It'll-ke Vendor refirses (,)r Jails to pai, the charges u� itjjjjl thirty (30)days of receipt of a written diernand From the Town Vdkich sets forth the basis for charge, the To%in, rnay Withhold said daniag ges firom anY Millents then due,or to become due,to the Vendor. jiver% The Products, ,,.-,hall be delivered to the falk,,n,s ing destination: The LCXiRgton School Listed on the Purchase Order is Mi proper attention to inrormakiloi[I listed -is per the Purchase Order. D. 'r an M49tiqtl All goods shall be properly pq',tcked, marked, loaded and Shipped as required by this order and the transporting can-icy and shipped in a manner Mlich V�fll permit the lowest transportation rates to apply.. The Vendor sha,11 reirnburse the To,,vn for all expenses inWrred due to improper packing, marking, loading or routing. Prices of all itenis listed on the LEXINGTON PUBLIC SCI-lOCil,s SCHOOL BUS TRANSPORTATiON SERVICES Price Quotation Sheet are to inckIde deli very. Ri o Ls Lik RUL 05 s Delivery shall not be coulf)lete until goods have been actually delivered to and accepted by the To %n, noMithstanding, any agreculeW to pay freight,express, parcel post or other transportation charges. The risk of loss or damage in transit shall be upon the Vendor. The Vendor shall in the event of a delay or threat of delay, due to any cause, in die production or delivery of goods or services hereunder, urn mediately notify the Toi`n and shall include with suchj notice all relevant informadon %vitt,respect to such delay or threatened delay. Tile Vendor shall be liable for any clarnages resulting From failure to make'delivery 10thin the time called for b this order or by any%%ritten instructions of the Town,except 10iere; (1)such delay in de[iv Y cry shall be due to causes beyond tile reasonable control of tile Vendor; and(2)the Vendor notifies the Town as afloresaid. If the Vendor for any reason cannot comply%%j[jj delivery schedule, the"linesn, in addition to any other rights or remedies availaWe to it by law or under these terms and conditions,may ternlinate this purchase order or cancel any shipments thereunder with further flability to die Vendor. Indemnification And Hold Harmless The Vendor agrees to indemnify, defend and hold harmless tile Town and its agents, officers, boards, committees and employees, except for wrongful or negligent acts of the Town, for any and all cWtIts, losses, costs,expenses or damages of any kind resulting fyonl or arising OUI Of the performance of this contract by the Vendor, its Officers, agents or elyiployees, if any action,claim or demand is made against the Town, Other than for a wrongful or negligent act of the Town, tile Vendor agrees to assume the expense and shall pay all costs, charges, attorney's fees, settlements,judgments or other CXPCIISCS incurred by or obtained against the'rouk.jj, TO tile extent that the Vendor's obligations herCUrideir require the performance of sere ices by tile Vendor or%%ork to be done by Me Vendor on the Town's property or on properv, tinder The Tons n's control,the Vendor agrecs:(a),to accept FUR re;:„ponsibMty for perl'onning akll v�o'rk in a safe trianrier so as not tojeopardize the safqy OF7,11c 1'01nn'S personnel, property or members of the general public;and(b) to COMPlY Vvkharid enforce all T'iic'rown's.z,afeh' and fire protection NgWaliolIS ill Ifl applicaale state and municipal snfct� reguta6orm buiWing code sor ordinan Fces. r nsork to be pebirn-w rld in certain isolaled areas fy(],ni, sPelcific ToMl safety and fire protection ire,p,ulations, Bid ��116-7 12 22 niay be obtairwd i n witIting troni Hie 5 01 ficer, Patents And Rovalfies The Vendor, %iithout exception,.�:;Jljali indernnify and s�ave harmless, the Tm�n and its ernple ces Front .5 liability ofany kind, including cost and expenses for cur on accoiatit of any copyrighted,patented or unpatented in%vnfion,process or article manUfilictured or tised in the Performance of the contract including its use by theTo%%n. Ifthe 'Vendor uses an. design, de%ice or materials co%cred by letterN, patent or copyright, it is mutually agreed an d tit tide rstood %%ithout e%,cepflon that the bid pricessfiall include all royalties or cost arising fron-i the USe OESUCh design, device or inaterials in any way involved in the work, Price The'rown %0l pay in unit pirices,according to the attached LrXINGTON PUBLIC SCHOOLS SCHOOL BUS'I"RANSPORTA71ON SER%'K-'ES PR WE QUOTATION SHEET, the amount agreed upon in the Vendor's bid,as full compenyzfion for e%ein thing furnished and performed Linder this Contract,subject to al low%able additions and deductioins as'provided., Payment%N ill be made in accordance with the"Iayrnent"section below, If no Price is specified in this order, the goo&or service5 shall be billed at the price last quoted to the To%w-n or at the prevailing market price, whichever is lo"er.. No extra charges of any kind vJ11 be allowed unless specifically agreed to in writing ky the Town. 'me price quoted in any bid subimMed shall inclUde all items of labor,material, tools, equiptnent and other costs necessary to ftflly complete the nianUfilctu,ire,delivery,assembly, installation, acce-,,;,sories, Warnuily,training of personnel, ser%ice mantials, wiring schemafics and draw ngs,if required, pursuant to the specifications and requiren-DenLi included in the Invitation to Bid. It is the intenrion of the specifications that the Vendor provides complete components and accessories of the type prescribed, ready for operation by Town personnel., Any items omitted from flie specifications which are clearly necessary for the operation of such equipment aldiough not directly specif led or called for in these specifications, shall be considered an integral part of the basic specielcations of the ProducB. All parts shall be new, In no case will pearls be used, reconditioned or obsolete parts(except f'br testing), Any one part.sIiall be an exact c[Liplicate in manufacture and design and ftirnished as specified, Prices quo`ted are to be firm and flinal. Pavment The Vendor shall be paid, upon(lie sobmission of proper invoices or %ouchers as follo%ks: a. Al I invoices need to be dated,description of iteins PUrChased, quarAfty, price including shipping and handling and total duke and should be sent to:' Lexington Public Schools Finance Department 146 Maple Street Lexington, MA 0-1420 C7 1 b. All piricing and or discounts-shoul(I The hi accordance n ith the bid specifications, Vendoirs glooidd not accept any orders for materialls or services is h1linut an authorized purchase order numillpeir. I he pro%id,^ the T"r,"", and a,' a cori,fiColit to each p�rNlinclit jrj.jje 95 r,insportation Ser%ices H B Bid 16 "" 12 22 2016 P-m 1111clints are ill insiallnients, all d0CLlnW'r[lafi1LY11 ljji�.!C S&an tc,)f.,% idonc-c transfer to'rhe'rown of,iiklu and UllenCLUnbered title to dle itein fiilir which pa),nient is being nm& The granting of any pa)rnents Rny the Toixin shaH not constitute In array Scinsv acceptance of the w%Ork or I Orally Portion dwreol'' and shall in no way lessen the lia.bilit ofthe Vendor to replace work or rnwerial kfldcli does not conform to 010 contract documents, flhough flic character orsuch work or material may not,have been apparent or detected at the firne such pay alent was inade, Materials, components or worgjna iris h ip which do not conform to the Instructions or their contract requirements and specifications, or are not eqUal to the samples subinfitted to and approved by the Town, will be rejected and shali be replaced by the'Vendor withow delay. Taxes No charge by the Vendor sliaH be made Cor fiederall or state excise taxes;. The Town, as as municipal corporation of the Caaranunomr ealth of MaSSaChUlwitts, iF exempt frorn federal and state excise tax,and such taxes shall not be included In proposal prices, TheTomn agrees to fumish Vendor, topoin acceptance of articles supplied under this order, with an exerription certificate. The Vendor agrees to pay all sales and use tax for ww hich the Tm%,n, its 1aot exempt, if any. Insurance Vendor shall effect and maintain inSILMUnce, at its 0% n cost and expense to protect itself from claims under Workers' Compensation Acts; ftorn claims for darnages because of bodily iqjury including sickness,disease or death of any of its ernplo.yees; arid for damage or destrUCtion of the ProdUCtS prior to acceptance by the To%%n, ERMq unn�ragaow`ua �amD, rautuuuni In connection with the execution of this contract,the Vendor shall not discriminate against any employee or applicant for employment because of race, religion,color, sex,age,sexual orientation, national origin,sexual orientation or presence of any sensory.,mental or physical handicap as provided by M.G.L., c. 11 51 ICE, The Vendor shall take affinnative action to ensure that applicant.,,,, are ennplo ed,and that emplo)ees are treated during their employment"ithout regard to their race, religion, color,sex, age, sexual orientation, national origin or presence of any sensory, inenta p h.l or Sical handicap, Such action shall include, but not be limited to, the fioflowing: etnnp loa rrlent, upgrading,dernotion or transfer; recruil.ruent or recruitment advertising; lay off or tern-lination; rates of pay or other Forms of compensation;and selection for training, Including apprenticeship. Vendor further aijees to Insert a similar provision In all subcontracts, except s1l1acontracts, For standard commercial supplies or raw materials. Hazardous NlateriaLs Any materials required by y this order that are deemed hazardOLPi%0�1 be packaged, marked and shipped by the Vendor to comply w%ith all pres,',,eint and fUture federal, state and local regUlations arid will further comply with any,special cempan,, requiremen,ts. This i-nay be noted oil t.fie face of the purchase order, The Vendor warrants that all goodiS supplied hereunder%%ill ha%�e been produced In compliance%w ith and the Vendoragrees to be bound b% all Qppli(zable le.deral, AM(.- and local la%ws,orders,, rUICS and lr 12 L11,C ii terforwi (� his order ecii i, to Ordw ("Osts 01 am Sp I S 6 LPS Sch,,,wol Bus Transportation Services 11 B Bid #16®7 1222,2016 this order or to other orders placed by the Vendor, title to such special tooling shall vest in the Towwn at the option of the T'o%wn® Such tooling is to be used only in performance of this purchase order unless otherwise provided by the To%vn. Neither party tothis contract may delegate the performance of this contract to a third party unless mutually agreed in %wriflng, This contract cannot be assigned without the written consent oft e other party. Lot—Ices Any notice or other Communication required or permitted hereunder shall be in writing and shall be delivered personally, telegraphed, telexed, sent by facsimile transmission or sent by certified, registered or express mail, postage prepaid. Any such notice shall be deemed given when so delivered personally, telegraphed, telexed or sent by facsimile transmission or, if mailed, two days after the date of deposit in the United States mails, as follows: (A) if to the Town, to: Superintendent of Schools Lexington Public Schools Town of Lexington 146 Maple Street Lexington, N4A 02420 (B) if tote Vendor: to- In no event shall he Town be liable for anticipated profits or for incidental or consequential damages. The Town's liability on any claim of any kind foray loss or damage arising out of or connected with or resulting from this agreement or from the performance or breach thereof shall, in no case exceed the price allocable tothe goods or services or unit thereof which gives rise tothe claim, The Town shall not be liable for penalties of any description. j:Rle And Security interests If Full or partial payment is made tote Vendor prior to the delivery of all goods or the performance of all services hereunder, title to all goods identified tothis order at the time of such payment or thereafter shall pass to the Town,and the Vendor shall be deemed a bailee of all goods remaining in its possession, but in no events all the risk of loss pass to the Town until the goods are delivered to the destination specified herein and accepted. The Vendor agrees to maintain insurance coverage in types and amount satisfactory tothe To%%n for all goods that are or become so identified at any time to this order. Additionally,the Vendor grants tothe Town a security interest in all goods that are or may become so identified,%fliich security interest shall be in addition to all other rights of the To%%n Linder this order or applicable laws, and the Vendor agrees to execute financing statements or such other documents as the To%%n may rcasonably require to perfect and protect that interest, _ 7® LPS Sch(.ml Bius J mnsportalk:)n Sen1ces 111"B Bid ?:;16-7 12222016 Nfer we L—r This Agreement constitutes the entire agreement of the parties. There are no other Agreements,oral or written,which modify or affect this Agreement. This Agrees ern,supersedes any and all provisions on the face and reverse side of a urchase order or any attachment thereto inconsistent with or in addition to the provisions hereof, and this provision constitutes notice by the Town of its objection to any Such inconsistent or additional provision. The Agreement may not be amended except in writing signed by both parties to the Agreement. lurisdiclion Laws—Venue This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and any action to enforce the Agreement shall be brought in Middlesex County, Massachusetts. The Vendor agrees that if a lawsuit is instituted by the Town for any default on the part of the Vendor,and the Vendor is adjudged to be in default, the Vendor shall pay to the Town all costs and expenses, expended or incurred by the Town in connection therewith, and reasonable attorney's fees, Warrapat Final payment by the Town shall constitute notification to the Vendor Of the commencement of the warranty period, In addition to any implied warranties,the Vendor hereby warrants that the Products shall be fit for tile intended uses shall be free from defects in and malfunctions arising from workmanship,material and design and shall conform to the requirements of this contract. Inspection, test,acceptance or use of the goods furnished hereunder shall not affect the Vendor's obligation tinder this warranty, and such warranties shall survive inspection, test, acceptance and use. If the Town shall give the Vendor notice of any defect,deficiency or non-conformance within twelve(12)months from the date of final payment by the Town, Vendor shall, at no cost tothe town and within a reasonable time, repair or replace all such defective,deficient or non-conforming items. In the event of failure by the Vendor to correct defects in or replace non conforming goods or services,within a reasonable time,The Town may make such corrections or replaces c oods and services and charge the Vendor for the cost incurred by The Town thereby. Representations And Certifications Of The Vendor The Vendor hereby represents and certifies under the penalties of perjury: A. Non-Collusion:The Vendor certifies under penalties of perjury that this proposal has been made and submitted in good Faith and Without collusion or fraud with any other person. As used in this certification, the word®"person"shall mean any natural person, business, partnership, corporation, union,committee, club,or other organization, entity or group of individuals, B. Tax-and Contributions Compliance:The Vendor is in full compliance with all laws oft e Commonwealth of Massachusetts relating to taxes and to contributions and payments in lieu of contributions. The Vendor's social security/tax identification number is -------------- C. Conflict of Interest: The Vendor certifies that no official or employee of the Town has a financial interest in this bid or in the Contract with the Vendor offers to execute or in the expected profits to arise therefrom, unless there has been compliance with the provisions of M.G.L.c 268A. The venclor certifies that they%0I require employees to adhere to Conflict of Interest Law as it pertains to public employees and Students in this financial arrangement, R Licenses and Permits:The Vendor shall obtain all required licenses and permits pertaining to work tinder this Agreement.The Vendor shall Submit copies orsuch licenses and or L11,"..; ...;Whool Bus Transportation Semices 11-13 Bid #16-7 1122 2016 permits upon request- E. Debarment or Suspension: The Vendor certifies that it has not been debarred or suspended tinder M.G.L. c. 29, Section 2917,1 nor will the Vendor contract for supplies firom a debarred or suspended subcontractor on any public contract- IN WITNESS WHEREOF, This Agreement has been executed in duplicate as of the day and year written below. Date: Approved as to t av® ability Executed by:j oi of Lexington off unds: Ian Dailey Ian Dailey 7 ..' ....... ........ 'I Assistant Superintenlint for Finance& Chief Procurement Officer Operations eculed by Vendor: ......... .... ... ........... ..................................................................................................... E." .......................................................................................................... .......................Aut or•® ed c -idor Signature Title 2q ........... . ......... Al .... .................................... ...........................I ...... ............ 0 ' ' I ......... :1............. or Address ................1 ............................................... ............................................ ..........�r 63 Contact Name tact Phone ................ Ir In I&', &�Y-(/l P0 I .............. ......................—'.- .!�..................�:.............................................. ......................................... kA Contact Ernaillf-Address 4)o LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 APPENDIX C-BASE CONTRACT PRICE SHEET Bidder Name: C&W Transportation Bid Number: 16-7 Authorized Signature: — A bid,based upon terms set forth wiZi i9document, is hereby submitted. REGULAR TRANSPORTATION for BUSSES with RETRACTA13LE SEAT BELTS BASIC CONTRACT The basic contract calls for the Contractor to own and operate a minimum of thirty five(35) school vehicles, three tiers per day for a minimum of 182 school days as well as pricing for a Mid Day run and a Shuttle. The Contractor may also be-required toopgrate a fourth (4th) tier within the allotted time pgriod upgn desiguation by the School Department. The bid should be based on standard 71 passenger school busses and one(1)wheelchair accessible bus. Contractor may use 77 passenger buses if they choose at no additional cost to the district. 1. Basic Contract as specified in Page 14 -Section 6D for a minimum of thirty rive(35)busses for a minimum of 182 days. 2017-2018 2018-2019 2019-2020 2020-2021 2021-2022 Total Contract sEyear per year per year per year per year $2,987,530.00 $3,057,600.00 $3,134,040.00 $3,255,070.00 $3,337,880.00 $15,772,120.00 2. Per Diem Rate: For Purposes of Penalty or Additional days for base contract: (Total Per Year 182 days)/35 buses) 2017-20 8 2018-2019 Irv., 2019-2020 2020-2021 2021-2022 .......................per.,.,year.............................. ....... ....... ear. ear $511 $52 4 $469 $480 .......... ......................................................... ... ...... ... ....................... ——--------------- 3. Basic Contract as specified a minimum of prevailing wage for Bus Drivers 2Q17-2iii..................... i018-2O19...................... 2'0'1-9'-2"0--2"0"- - 2020-2021 2021-2022 ,....Prevailing W. ye dAd Wage _j��........................................ &j)Y!&e...................................._Ad'WaM.................. $25.50 $25.50 $25.50 $25.50 $25.50 ................................. 4. Additional Routin Tiers .................................................................................... 20172018 2018-2019 2019-2020 2020-2021 2021-2022 . ................. .............. ......................pert' E.............. r v. er e „der, ear 1__M_y __pg_ F ._p IAF �_..____R�L _SK........... Three Tic er dRy............................................................... ................... $469.00 $480.00 $492.00 $511.00 $524.00 .............. ........ .............................................................. ...................... _Two Tier Per dav 46..9...00................................................................$4............8.........0............0...........0........................................... ..0.......0 One Tier er da $469.0 524.00. ......................................................- Mjd_D�ie a $235.00 $240.00 $246.00 $256.00 $262.00 ....................................................... ............ Shuttle: Point A to Point B $299.00 $310.00 $322.00 $341.00 $354.00 o -_Q.jL_p�............Lqu�qd . ................ I After School Bus $110.00 $110.00 $110.00 $110.00 $110.00 ...................... .................---—---------—------- .53 - LPS School Bus Transportation Services lFB Bid#16-7 12/22/2016 APPENDIX D-ATHLETIC EVENT/FIELD TRIP TRANSPORTATION PRICE SHEET ....... ......... .....................—",-................... Bidder Name: C&W Trans portaitogn Bid Number: 16-7 Authorized Signature: A bid,based upon terms set forth within the document is hereby submitted. Transportation for Athletic Events/Field Trips Total Base Contract for Athletics Transportation $201,920.00 per year Athletic Events I Field Trips Contract as specified a minimum of prevailing wage for Bus Drivers ..... .......... .......... FY201 11,9 ,,-� F I'll Y.2 I'll 0 20 -FY20'21'-- "..FY'....... 20'2'2"' PrevaiI4!S,NV4g _6�d j Y��_!�LW41e...........AJ.:WAE_ $25.50 $25.50 $25.50 $25.50 $25.50 .............................................................................................................................................. .................................................... The Prevailing Wage Rate(minimum)does not change. It is expected that drivers will receive COLA adjustments to their hourly rate. Overage(over 4 hrs)Athletic/Field Trip Cost $100 per hour Price increase of less than 48 hours notice of booking $0 per hour JPricing will be evaluated based on using a formula based on Prevailing wage for driver time and cost for fuel and use of equipment} - 54 - of Trips Cast per Bus based Hourly Date per bus if Athletic Destination 2 16- t]'f7 on 4 hours of taus less than or more than 4 _........ rental hours Catholic Memorial Hi h School 4 1 $1440 00 $9C/$1OO , awle Stadium, I...owell 2 $720 9 $ C/$100 Central Catholic 1-lih,, chool Charles River Count Club Charlestown Rink, Roston 1 $S 0.C9 $99/$1.00 Chelmsford Forum, Chelmsford Chelmsford Hi h School 1 $ 60.0 $9I /$100 Cherie M i ddddle School, B e I m o r I t 8 $2 8U0 $ 0/$1 C Clarke Diddle School, Lexin ton $1440.00 $sty/$ltyty $ 2 0-.00 Concord Diddle School ..... ,$9t�/$14�C Concord-Carlisle tli, h Schaal 4 $ Cq $90/$lt. CMnt link, 1_ nu7i 10 $. Sl�0„C0 $9 /$1CC Coolid e Middle School;. Readin 1 $ „ $99/ no 4anvers le School 2 h School 2 $72 „ C $ 0/$ C Middle School, Lexin tan um, Somerville 10 $ 9 „ 9 shoal $1SoC0 $ C/$19sBoston Koh School d Burns Arena, rlin ton Eric�l olle a or ge Arena 3 $109 „09 $9 /$100 itcbur t ells e 1 $ C„ $90/$100 I a oriel ink, it e 2 $720.00 $90/$ 00 Fort v s, ven .......�:...... $; 50„9l $9 /.'$1C ..................................................................................... gg# Fro i i h shoal S $21 AIM $9 /$1C9sE urlin ton 1 $ S „�G $99/$14 ho 4 $1 4- .00 1 $90/$'1.00 Franklin Park Galvin Middle School, Wakefield r ner u i i l if curse 2 $72 „00 $90/ 1 0 er a ri ht Golf Course, Boston 1 $3C $ /$ C Goddard t to Park, Rhode Island Great Brook State Park, Carlisle 2 $720.00 $99/$100 ...................... Greater Lawrence Tech, Andover 2 $ 20.00 $90/$100 Greater Lowell Technical Hi h School 2 $720e00 $90/$1C0 of Trips Cost per Bus based Hourly ate per bus 1f Athletic Destination 616- 017 on 4 hours of bus less than or more than rental hour Groton School 1 $360.00 $90/$100 I I n corvn AFB Pool IHanscom Middle School Harvard Universitv 4 $1440.00 $90/$.1.00 ll irlrnUll I�u S irar rll 1 $360.00 $90/$1.00 l�lu l I l r��nrvde lV1 dff rd 1 $360.00 $90/$100 Hinclham High School 2 $7; 0,00 $90/$100 I-locke town, Saugus 2. $72 .00 $90/,$100 Holliston Fl, Ih School 1 $360.00 $90/$100 HI U 1 Cross,Worcester Flan Pond,Woburn 1 $360.00 $90/$100 J . Cheer Gyrn, IBilledca ?. $7 0.00 $90/$100 John Glenn Diddle School, Bedford 28 $:1.0,080.00 $90/$100 Johrn R an Sk tUruI Rink, Watert 8 $ SSO400 $90/$100 J ce Middle School, Woburn 3 $1080.00 $90/$100 Kasabuski Rink,Wakefield 4 $1440.00 $90/$100 Kennedv Middle School, Woburn Kennedy Pool, Somerville 1 $90/$100 Kin,Kin5 Phil R -Uorn l 1--lI h School 1 $360.00 $90/$100 Lawrence c dean , Groton ...........................rrn Ih1ulrSIIn V Lure�mrlturrdin Lincoln Diddle School 1. $360.00 $90/$100 U�urauUr� �ll� lullfl6SU��aV8 $7830,•00 $90/,$:1.00 Loconte Rink, Medford 6 $2160.00 $90/.$100 Loring Arena, Fr u•rrlirn h rrn 2 $7 .0.00 $90/$100 Lowell High School Lowell YMCA L nch Elementary, Winchester 1 $36U0 $90/$'.wo L nn Classical I I h School 2 $7 0.00 $90/.$100 L �rn�Old l••1u I'n Slhn��U Malden High School 1 $360.00 $90/$100 Ma nnurr Fi0dq L rnrn 1. $360.00 $90/$100 Marblehead II�•r h School 1. $360.00 90/$1.00 Marshall Simonds l S, Suwurfin torn 1 $360.00 $90/$100 W of Trips Cost per Bus teased Hourly Rate per buys if Athletic Destination 2 fi -2 17 on 4 hours of bus less than or more th n rental hours Martin Field, II...owelll IMa 2 $720.00 $90/$100 t asconornet i-ii to School 2 $72.0,.00 $90/$100 IMaudsley State Park, Newbul .0rk ma 3 $10 0.00 $90/$100 McCall IMiddlle School, Winchester 2. 720ZO $90/$100 Devitt Middie School, WWalth irn 1 $360,00 $90/$100 IMeadowbrook CC, Readin 4 $1440.00 $90/$100 Medford IHi School 1 $3 0,00 $90/$100 I d IHi School 4 14 0.00 $90/$100 .......................................................................... Melrose i i to School $3 0.00 $ 0/$100 Merrimack Coin $2880.00 $ 0/.$100 Methuen n High School $.3 0.00 $ 0/$100 I iiford H 1h School V iiieruiuurn Park, West oxIbu 2 $720.00 $90/$100 MIT Poi .................. ........._........... Nara Park, Acton 1 $300,.00 $90/$100 .................................................................................................................................mm..mm. . .................. .,1222. o...b. V.a....... 1 $3 0.00 $90/$100 ........... ............ ........Natick iio to School 1 $3 0.00 $90/$100 Needham Han School New Enc land Sports Center,Marlboro 2 $720.00 $90/$1.00 Newton North Hic1h chool 2 $720.00 $90/$100 Newton South iHi h School 2 $720.00 $90/$1.00 North Andover r i••ii h School 4 $1440.00 $90/$'.1.00 ............................................................... North Est Vocational School 4 $1 40,.00 $90/$1.00 North Fred Rink, Boston ....................................................................................................................... North Reading High School 1 $360.00 $90/$1.00 North School, WWiiirrnin trnrn ......................................................................... North Suburban YMCA, 1 $3 0,.00 $90/$100 Oakie 0oll"unt Club,Watertown 1 $300,.00 $90/$100 O'Brien Arena, Woburn 1 $3 0 00 $90/$100 ............. liverArn s IHi Ih School 4 $1440.00 $90/$100 Dtt stern Middle Ihooi,Arlin torn 1 $360.00 $90/$100 Parker Diddle School, Readin 2 $720.00 $90/$100 Pealbod High School 2 $720,.00 $90/.$1.00 P muck t Hi Ih School 1 $3 0.00 $9 5100 IPtuiiiu s rru A ad , Andover LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 APPENDIX F -ROUND TRIP FIELD TRIP TRANSPORTATION PRICE LIST Bidder Name: C&WTra s ortaion Bid Number: 16-7 Authorized Signature: A bid,based upon terms set forth within the document is hereby submitted. Total Base Contract for Field Trip Transportation $41,040.00 per year Athletic Events/Field rips Contract as specified a minimum of prevailing wage for Bus Drivers FY2018 FY2019 FY2020 FY2021 � �� FY2022 . d' Visa e Ad' Wa e Ad' Wa��e Ad' W!a e Wa e A _............ _ ..............�...............�....................... .__� .�..._.. ........................ �...m���... �mmmmmm ....... ., Prevail ..._....... . ...... ._... $25.50 $25.50 $25.50 $25.50 $25.50 Overage(over 4 hrs)Field Trip Charge $100 per hour (Pricing will be evaluated based on using a formula based on Prevailing wage for driver time and cost for fuel and use of equipment} Field Trip Destinations ate/Trip Estimated# Trips/Year Total Cost Acton Discovery Museum $904hrs I $360.00 Acton Boxborou h Hivh School $90 4hrs I $360.00 Alton Jones Camp, West Greenwich, RI $90/4hrs 3 $1080.00 Arlin, ,ton Hi 7th School $9041irs 1 $360.00 AssumNtion Colleychorus $90�'4hrs 1 $360.00 Berklee Performance Center $904hrs 1 $360.00 Bi Ai 1e Circus $90)4hrs 1 $360.00 Blue Hills Observat�` $904hrs ,.....o ry 1 $360.00 ,... , w Boston-China Town $90Ahrs 1 $360.00 Boston Latin School $90/4hrs 1 $360.00 Boston Public 9 n �01'4hrs 1 $360.00 Libirm� � � � ,µ, Briton S ,gym hon $9014hrs 6 $2160.00 BSO/'Ma arium in Boston $9014hrs 1 $360.00 BU $9014hrs 1 $360.00 -63 - LPS School Bus Transportation Services IFB Bid 16...7 12/22/20 16 -—------------------------- ..................................... ............... Field Trip Destinations [late/Trip Estimated 4 Trips,'Year Total Cost ..................................................................................................-- ................................................................................... ....... ................ a T Buckman L L i flon $90-1hrs 1 $36000 _ ButteLfll,,Pl�S,E We�!ford $90/4hrs 2 $720.00 590/4hrs 1 $360.00 ......................... Canobiel-ake S90/4hrs 1 $360.00 ............... . .................................... ....................................... Canton 1li.lj ... .9... $90/4hrs 2 $720,00 Cwv 1-1 a[I $90/4hrs 4 $1440.00 ............... Chelmsford PerfArts $90/4hrs 1 $360.00 .............................................................................................................................................................................................. -—----- Chinatown S,90/4hrs 1 $360.00 Commonwealth Museum in Boston $90/4hrs 1 $360.00 ............................................................................................................................................................................................................................................... Concord Carlisle Hi ,h School $90Ahrs 2......................................................... .. .. ................ ........................... Concord use S90/4hrs 2 $720.00 ............... ............... ............... ...................Discoveij') use S90/4hrs 1 $360.00 Drumlin Farm $90/4hrs 5 $1800.00 ..............................."I'l""I'll""I'll'll""I'll""I'll",'ll""'llI'llI'll",'ll",'llI'llI'll",'ll""I'll""I'll",'ll",'ll""I'll""I'l�'ll""II— —---- Emerson Theater S90/4hrs 1 $360.00 EMK-Kennedy Institute,Dorchester $90,14hrs 1 $360.00 Federal Reserve Bank $90/4hrs 1 $360.00 1 . ....................................................................................................................................-............ Franklin Park Zoo $90/4hrs 1 $360.00 ............... ............... $90/4hrs 1 $360,00 ........................ ...... ....................—". Galvin Middle School, Wakefleld $90/4hrs 1 $360.00 Harvard Peabod� Museum $90..../4hrs 4 $1440.00 ......................... .. .. ......................................... Harvard Natural History Museum, $90/4hrs 1 $360.00 ......................!gntF i d i�e 1 jj�iarke�t&North End .... $90/4hrs 1 $360.00 .............................................................................................................................................................................................................................................................. jjqg5,y..Pot Farms $90/4hrs 1 $360.00 ................................................ [MAX Readinir, S90/4hrs ta �. .............. ..................... !?�qjm Restaurant, Lexir!L S90,4hrs 2 $720.00 t o...........n........................................................................................................... LeiS fryS90!4hrs jh9nL 1 $360.00—'- ......................................................................................................................................................................................... Reservoir ..... �90,Ahrs Lincoln-Sudb . .....H'ig�§Shg2l $90/4hrs I S360.00 ............... .......................................... 'lly Logan Airport(drop off and pick up for $90/4hrs 1 $36U0 lass!ri'Ps) - —------- ——--------------------------------- Lowe 1H 4T School $90/41irs 3 $1080.00 lim!!........................................................................................................................... .......................................................................................................................................... Lowell National Historical Park S90Ahrs 2 $720.00 .......................................... ............... Marblehead each S90/4hrs 1 $360.00 ............... ........... Ppker dkiy Libraa,Boston S90Ahrs ........................... ................ 1 $360"'0 ._E_ -11 -11,11,111,111,111,11'll""I'll""I'll","I"I'l""I'll""I'll'll""I'l'll""I'll""I'll",'ll""I'll""I'll'',ll,'ll''''I'll''''I'lI I'll ............. Minuteman National Park- 90 S4hrs 260.00 1 $3 .................. ...................................... .......................................................................................................................... .................................... . ................................................... .— I.,PS School Bus Transportation Services Il B Bid #1 -7 12r`22/2O16 Field Trip Destinations llate1 rip Fstiniated 4 Trips/Year Total Cast I'MIT �°c)0 4hrs l $360.00 Museum of fire Arts S90r''4hrs 6 S2160.00 .. ................... ...................................................................1.......................... ..mm........ .... useum of Our National Heritage, $90/4hrs 2 $720 00 Lexini!lton L....... Iblusearrrs fScir�ce...., .b ..90?4hrs 6 4 ' 1440.00 Mature°s Classroom,Charlton,MA 5904 rs 1 $360.00 w En al Aquarium �4 rs 2 $720.00 Northeastern Marine Science Center, S90.4hrs 1 $360200 Nahant .......................Nort ...Ar�d®.veC.. l.l... ...Sch®cal...................�� .�.. ...........� .....I'll 11"I'll.............."I'll.............................;............. $90,4hrs 1 $360.00 Lexington $90/4hrs I � 360.00 .Old.... . .Burial... .Ground,. . . ,., ........................................................... I Old Reservoir- Lexin���-ton $90/4 rs I $360.00 Peac�d °Pssex museum $90,/'4 rs ......... .................. "S10110 00 _�. Petit Robert Best $90/4hrs I �� 5360.0O Plimoth Plantation 59O14hrs I 5360.00 Sheraton Boston Hotel $90,,4 rs I 536 0 ....................... .hr�wsbuu �EI�,Th Sch®�I .��...... ........................ 907 4......rs............................... l 5360 O . ... l... . 90/4 rs 5360.O0 ...... . . ..Srn lak Farm,N. Andover S90,14hrs l 5360.00 "tur r"1d9 e Villa'"e 90/4 rs I $360,00 S.7r��i i'rrsrs 1-la[l 914hr................... ....................... I $360.00 �....................... i'. mm 'I'D Garden $ /4 rs 1 $360.00 jegps grammar, Methuen $9 /'4 rs I 5 60.0O T. .P.rpl7snl!sland, Boston $90Ahrs `Fsoquas arena, Lowell 0, $9O/4hrs 1 $360.0O UMASS Lowell S90/4hrs 0 I 5360.00 1 360.00 VJ 1 e Rhode Island 90,4hrs $ 90/'4hrs 1 $360.00 ht�l°°..�I" .."..-- .- 3 $1080.00 ��le Hill Lexin ton 90,/4 rs� .... Winchesterf-lijh Schnal S90/4hrs 1 5360 0.... .... ... � _. . ...�. �Youville Places Lexintjon SWAhrs I S360e00 Total Estimated Bid S 41,0�0,QQ 6 ai, ( w LS School Bus Transportation Services lFB Bid#1 -7 12/2 / 01 -ALTERNATES PRICING AND OTHERU T Bidder Name: C&W Transnortation Bid Number: 16-7 Authorized Signature: Ile 'C'-QhA--0 A bid,based upon terms set forth within the document is hereby submitted. Additions or deductions from the Basic Contract(minimum 71 passenger vehicle)may be implemented at the request of and discretion of the Lexington Public Schools. The Basic Contract unit price is identified in#I above. A. ALTERNATE A-Vehicles (1) Cost per vehicle per day for the substitution of one 71 passenger vehicle to a 77 passenger vehicle. ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, FY2011 FY2019 FY2020 FY2021 FY2022 lf:pr dad per da per da per da :per da 494.00 $519.00 $544.00 $569.00 $594.00 A. ALTERNATE _Transportation for Athletic Events/Field 1"ri s Rate/Hour $ 100 per hour Athletic Events / Field Trips not identified in Appendix A will be calculated on an hourly rate per trip. All invoices must include hours driven information to be verified by the Athletic Director or School. 6 LPS School Bus Transportation Services It: Bid#1 -7 12/22/216 1. Please dest ng, but not limited to answerir 2. Does your 3. Do you cur A T rl"A C H YED 4. How many 5. How many wv®ua`va uv yvu C;ApCtL tV IIUVC Ill Upt:rduon IOC mis contract tor school bus transportation for students? *All vehicles st be in compliance with Article V—Pgs.24-26 oft e equipment specifications* 6. How many years has theBidder's company been in the school bus transportation business? 7. When does vendor need a list of bus routes and schedule of busses for the beginning and end of the school year? . How many busses does the vendor have available for Athletic trips after school? 9. How much notice does the vendor require when booking transportation for students? List i hourly increments. 10. Will the vendor accept last minute requests for busses requested less than 24 hours in advance? 11. If yes with accepting last minute reservations within 24 hours of departure, how many hours notice before pick up time will the vendor be able to provide bus transportation for students? Please list in hours. 12. If vendor can provide last minute reservations for bus transportation, how should the department contact the vendor? (ex.phone or email) 13. How many busses does the vendor have available for the district for after school athletic sporting events? 1 . What is the time frame for submitting schedules of sporting events or field trips to vendors after bus transportation for students have been booked? 15. List what information is required when submitting schedules for sporting events and field trips. 16. Please Iist the contact and contact information of the person school personnel should contact with reservations, last minute requests,cancellations, etc. Please include phone number vendor contact can be reached at all times and email address in case of emergency. -67- LPS School Bus Transportation Services IFB Bid#16-7 12122/2016 IT Proof of garagingIparking of all school busses being used to perform this contract must be submitted by May 1,2017 to the Business Office, 146 Maple Street, Lexington, MA 02420. All vehicles used in the execution of this contract shall be"garaged"within one mile driving distance from Town limits. A penalty of$200 per calendar day will be assessed for each non-compliance beyond May 1,2017. 18. Attach a copy of your drug testing policies/procedures. 19. Attach a copy of your safety/training program. - APPENDIX H- OTHER REQUIRED INFORMATION 1. Please describe the manner in which you intend to provide vehicles including, but not limited to answering the following questions. (attach additional sheet if necessary). 2. Does your company own/lease your own vehicles?C&Wowas alH of our vehicles, 3. Do you currently have the vehicles available?Vehicles are available that meet the requirements of this IFB. C&IN has the vehicles avai11la1:4e,. 4. How many vehicles do you currently own/lease? ", "VV -wns sixty vc.]M llles total Ibeitweern c:nir mn-renil Lexington contract as vavell as ouur cir;antract wiith Pdl irn:utenian Terc„h. 5. How many vehicles do you expect to have in operation for this contract for school bus transportation for students?C'I&IN v�411l1 irn�t.-l the,specit'iq.altiuouri fbr this Iff�1 (35)and ltuavr,.,,�2 Spare buses on hand during,IICn rwu.uurs o:ICoperatiorn. *All vehicles;Faust be in compliance with Article V--Pgs.24-26 of the equipment specifications* 6. How many years has the Bidder's company been in the school bus transportation business?C&W has been in business i'iar 40 plus years. 7. When does vendor need a list of bus routes and schedule of busses for the beginning and end of the school year?'7he optirunn!ul tirune is iunriuiid- t. ust so that we can test rm.iumu allllll routr,°s. 8. How any busses does the vendor have available for Athletic trips after school?At this time,, IC&i has SIX availdl:)Ie buses for sporting events. 9. How much notice does the vendor require when booking transportation for students? List in hourly increments. C&W reUies on sictiedufing iat least two weeks in advanicieffnint more. If we are able to help olut in last nflnute reit.:11tiests,we will Il irovilde services with;24 hour's 1106ce. 10. Will the vendor accept last minute requests for busses requested less than 24 hours in advance? lfour scliedUlie allows, C&r.W will a[v�ays try to accorn im�,xfate neiexls, ho,i last n-i�iinule irequests are riuot al possible ossibleto fill due ao jprie,i sic hic(.11lu , Iirn comitirnents. 11. If yes with accepting last minute reservations within 24 hours of departure, how many hours notice before pick up time will the vendor be able to provide bus transportation for students? Please list in hours. iC&141 cari jpirIDVideservice, if the seliedialle permias, ,,�rith 4 hiaiam 12. If vendor can provide last minute reservations for bus transportation, how should the department contact the vendor? (ex. phone or email) Callin g '&W is always the best option at 781 8162- 4747 arld during offhours our,ainswering siervict coinUicts bf.Ah John IElenry and &Ihannoiirni DeGuglielirno via their c0l 1phones, 13. How many busses does the vendor have available for the district for after school athletic sporting events? ,i tirriie, C&'VV has SUC,available 11::Puses lrir.)r. sporting events. 14. What is the time frame for submitting schedules of sporting events or field trips to vendors after bus transportation for students have been booked? C&,:.`VV ,wouId 1.)e at least 2 'weeks iin advance, of the cr�,tent or Fiek.i tirip 15. List what information is required when submitting schedules for sporting events and field trips. C&W r"k-1,11Uires dqpartUre thme ancl Illocatilort anil desthnation(with ad(.Jlresses)armd if possible a dqpartiure lime from the Please w,:Aie that C&W uriderstariiiis that ft.)r sporting evients a depaniure time can only be an appnmirnatiloi't. 16. Please list the contact and contact information of the person school personnel should contact with reservations, last minute requests, cancellations,etc. Please include phone number vendor contact can be reached at all times and email address in case of emergency. C&W main phone 781-8624747: Robiri Snell.,.John Henry and Shannoin DeGuglielmo are the contacts. The rrultin ernail address is c�v,tr,.,ir�spogia,tion@gir-t-iail.coi[-n 17. Proof of gin parkin of all school busses being used to perform this contract must be submitted by May 1,2017 to the Business Office, 146 Maple Street,Lexington,MA 02420. All vehicles used in the execution of this contract shall be"garaged"within one mile driving distance from Town limits. A penalty of$200 per calendar day will be assessed for each non-compliance beyond May 1,2017. 1 S. Attach a copy of your drug testing policies/procedures. SEE ATTAC"HED 19. Attach a copy of your safety,training program. I C&W lias 8 Ill ours of traiiningyearly. We do inilot have a innarwal for ti�'nfiniing as it varies fiorn session tr.,use,ssion,, For exampte;afieiii--the bUSacddr;-ntthaI tmnspired in a Firm to s(,,;hool bus trdv6lin. ow of the Curtis Middle ISrJ,io1oi oin RTE. 28 in,hnuary 20 i 7 C&WtrEiiiiners changed the dirivier trainiiingwid,fini 24 hours(we air ady'had a yea s ionschedu led 2 days after accidleint')to,revilew safe practices whHe driviiing on the Ifighway as well as blusevact,tation and %,,ncident rqporfing. During this sessik,�)in,discussilorts about ,.-w-at beftsainid Illiiive 61rTw GPS we,rt,.- also disct,isscA to ensure that ftiiie wJiirivers are wish ven;ed f,�m is sues that havebecomie hi,ghli,ghte iiiri the,pubfic. Drug and Alcohol Policy Drivers are required by Massachusetts to take a drug and alcohol test in order to get a Department of Telecommunication and Energy certificate. There are four times a driver must have a drug and alcohol test that are as follows: 1. As pre-employment for the job 2. As randomly picked through a computer program (this happens 4 times a year) 3. If you have an accident where a vehicle has to be towed from the scene (other than a flat tire); if someone is medically treated away from the scene of the accident; if the accident causes a death. 4. Management Request. A Management Requested drug test would be required if a driver shows sufficient cause to warrant a test. Two Management Personnel must agree that there is probable cause. We have joined a consortium. No driver is picked by name. Every driver is given a number and the computer picks numbers that determine drivers going for what is referred to as a "random test". If a driver refuses testing, the refusal is treated as a positive test. LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 APPENDIX I—SCHOOL BuS DRIVER ROSTER ................ ON PG&k(- I Name®r Owner- EMMWN M4 02420 Bus Contactor Town/City State Zip Phone:7@ 'U2- 41� Owner's Signature L�f To Be Completed by Requirements. ROS M Lexington Public Schools., -of L51 No, Drivers Laskal 1 Date of Last--COR-1------ 1 3 ' D 2 A""'TACHE 4 5 6 ----------- —- ----------------- 10 11 --- — ----------------- 13 14 15 16 ------- 17 18 19 20 21 22) 23 24 25 26 27 28 29 ---------------------------- ---------- 30 169' NAME CDL Exp. Date Date of last CDL Certification List Physical Melissa Quinlan 4/28/2017 3/7/2016 /7/2016 Joanne McCarthy 2/20/2018 1/29/2016 1/29/216 Debbie Beaupre 6/3/2017 5/27/2016 5/27/2016 Y,aren LeBlanc 10/2 /2019 10/1 /2016 10/1 /2016 Arcade LeBlanc 12/21/2019 10/8/2016 10/8/2016 Lucien Jean 2/15/2017 12/19/2016 12/19/2016 Audrey Zwicker 6/4/201 5/26/2016 5/26/216 Dominique Florence 3/23/2019 2/10/2016 2/10/2016 Brenda Brier 5/30/2017 /6/2016 4/6/2016 Andrice Desir 9/5/2017 7/12/2016 7/12/2016 Peternix Pierre Rene /6/2021 7/22/2016 7/22/2016 John Gemelli 1/4/2020 1/4/2018 1/ /2018 Kristin e 3/4/2017 2/3/2016 2/3/201 Guy Elie 2/8/2017 2/3/2016 2/3/2016 Sheryl Randolph 8/18/2017 7/29/2016 7/29/2016 Stefan Alhburg 10/22/201 9/22/2016 9/22/2016 Pressoir Narcisse 6/1 /2021 /20/2016 5/20/216 retta Montina /11/2020 5/10/2016 5/1 /216 Adam Vilbrun 4/22/2020 2/22/2016 2/22/216 Harold lake 8/10/2017 8/2/2016 /2/2016 uer Kiniss 1/25/2017 1/29/2016 1/2 /2016 William Kane /17/2019 4/4/2016 4/ /2016 Stephen Kavanaugh /10/2020 9/29/2016 9/29/2016 Joe Velardi 1/29/2022 10/25/2016 10/25/2016 William Pierre Rene 10/3/2020 9/26/2016 9/26/2016 Ca eau Pierre-Karel 9/9/2017 7/11/2016 7/11/2 16 -------------- CDL Exp. Date Date of last CDL Certification Last Physical Jean Paul 5/3/2019 7/1 /2016 7/14/2016 Patrick Joseph 11/ /2019 10/19/2016 10/19/2016 James Michael 3/27/2017 2/26/2016 2/26/2016 Johnny Apollon 11/22/2019 10/22/2016 10/22/2016 Lenny Rue 6/9/2019 3/20/2016 3/20/2016 Jack Mullane 10/22/2019 8/25/2016 8/25/2016 Kathy Grogan 10/17/2017 /25/2016 8/25/2016 Greg Smith 6/2 /2017 5/24/2016 5/2 /2016 acarie Dejonc /11/2020 7/11/2016 7/11/2016 Charles Trombly 5/30/2017 3/2 /2016 3/23/2016 Jameson Raymond 6/21/2020 7/8/2016 7/8/2016 Lesly Florestal 1/ /2019 7/8/2016 7/8/2016 LPS School Bus Transportation Services 11~ Bid#l -7 12/ 2/2 1 US DRIVER Bidder's Name: C&W Trans2ortation ver , gned Route ------------ ............ ATTACHED ............. ------ ..... . ......... .......... ....... ,m �.m . ... ,,,, R _ - ,__ �........... ............... 11,11,11-1111, .......... ..................................................................... ..... ............................. ............... .......................... ................................................ .. ........................................ ......................................... ............ ............... ................................ .......... ................... .............................. .... ............................................................... .................. ............... ............................................. ............ ....... n ,,, m���. .... .... ... _ „��-. _..-. ....... ..... .................................................................. .. ......................................................................... ... - 70 - NAME Address HONE# BUS # ROUTE Melissa Quinlan 65 Birchwood RoadMETHUEN MA 01844 (334)782-9762 1 1:LHS/Clarke/Harrington ]oanne McCarthy 75 A Pleasant Street READING MA 01867 (781)983.8985 2 2: L /Diamond/Fiske Debbie Beaupre 99 Bow Street LEINGTON MA 02420 (978)332-0305 3 3: LHS/Clarke/Bridge Karen Le lanC 6HaitaQevltl uDriw/Unit 60? NASHUA NH 03062 (781)983.7454 4 4:LFIS/Diamond/Estabrook Cade LeBlanc 70 Silver HIII Lane WALTHAM MA 02451 (781)983.7447 5 5: LHS/Clare/Bowan Lucien Jean 36 Spring Stret WOBURN MA 0I801 (781)983-4961 6 6: LHS/Clarke/Bridge Audrey Zwicker 29 Thistle Road WOBURN MA 01801 (617)968-0915 7 7: LHS/Clarke/Bowrnan Dominique Florence 13 Wilson Crcle NEWTON MA 02461 (857)231-0723 8 8:LHS/Diamond/Estabrook Brenda Brier 41 Easy Street SUDBURY MA 01776 (508)48 040 9 9: LHS/Diamond/Hastings Brice Desir 22 Dunbar Ave MEDFORD MA 02155 (63 0 552.9860 10 10:LHS/Diamond/Fiske+AS Peternix Pierre Rene 5 Parsonage Road MALDEN MA 02148 (617)407-9631 11 1 11. LHS/Clarke/Bowtnan John Gemelli 8 Palfrey Street WATERTOWN MA 02472 (781)258-4870 12 12. LHS/Diamond/Fiske Kristin Lee 6 Railroad Ave. WILMINGTON MA 01887 (978)985-6681 13 13:Clarke/Harrington+ �i Guy Elie 41 Sturges Street MEDFORD MA 02155 (781)492.8614 14 14:LHS/Clarke/Harrington Sheryl Randolph 168 Winn Street BURLINGTON MA 01803 (781)789.8894 15 15. LHS/Clarke/Bowtmn Stefan Alhburg 72 Taylor Street ALTH 02453 (339)224.2177 16 16:LHS/Diamond/Esrabrook ressoir Narcisse 4110 Synrnres Circle ARLINGTON MA 02474 (774)360.3918 17 17: LHS/Clarke/Bowrnan Gretta Montina 405 Ferry Street /Apt.2 EVERETT MA 02149 (781)420-4541 18 I8: LHS/Diatnond/Hastings Adam Vilbrun 1015&,uthern Anery/Apt.310 QUINCY MA 02169 (617)606.1913 19 19: LHS/Diamond/Hastings Haroldlake 12 Cleveland Ave L ING ON 01887 (508)572.3432 20 20:LHS/Clarke/Hastings+AIS uner Ki iss 718 Salem Street#2 MALDEN MA 02148 (857)654-0095 21 21.Clarke/Bowman+:^''6 William Kane 118 Francis Wyman Road BURLINGTON MA 01803 (781)982.7467 22 22: LHS/Clarke/Bridge Stephen Kavanaugh 23 Ohio Street WILMINGTON MA 01887 (781)983.7473 23 Z3:LHS/Clarke/Harringron Joe Velardi 6 Paulson Drive BULINGTON MA 01803 (781)983.7462 25 25: LHS/Clarke/Bowman William Pierre Rene 102 Henry St MALDEN MA 02148 (617)334-3115 29 29: Daaond/Harrington Cameau Pierre•K irel 36 Fairmount Street DORCHESTER MA 02124 (617)304-1244 30 30: Clarke/Bowman Jean Paul 28 Austin Street HYDEPARK MA 02136 (857)251-5232 33 33: Dainrond/Harrington Patrick Joseph 265 Bq ntit Street/Apt.21 MALDEN MA 02148 (954)670.7196 37 37:LHS/Diamond/Esrabmok James Michael 40 Mount Hope Street BOSTON MA 02131 (617)637-0740 36 4:Arlington/1'.st br ok Johnny Apollon 84 Rutland Street MALDEN MA 02148 (718)551-1542 45 SPARE Lenny Le Rue 10 Sylvia Street LE IN TON MA 02421 (781)718.3308 45 5pm/A. ,alien PM Jack Mullane 30 Middlesex Cirde/Apt.14 WALTI 02452 (781)2594727 24 7.-Belmont/Bridge Al Kathy Grogan 44 Ivan Street LEXINGTON MA 02420 (781)983-7451 27 10:Lcxingmn/ p.niiahrrqik AS Greg Smith 36 College Road BURLINGTON MA 01803 (781)983.7476 28 ns�iryiiir1nurvtp�u �irru: .tu Zacharie DeJonc 22 Garland Street CHELSEA MA 02150 (617)606.2365 60 6[I:'If. r Inu,"0111l:IIautadin/II,°II',mgdcn II'M Charles Trombly 77 Elincrest Road N.ANDOVER MA 01845 (978)390.1759 spare/ r iner Jameson Raymond 21 Walnut Street EVERETT MA 02149 (781)866.2028 26 26: Hastings Lesly Florestal 398 Center St./Apt. 2 DORCHES R 02122 (862)684-26981 34 AM t LPS Schaal Bus TransportationServices li~ Bid#16-7 1 1 2/2 1 P —Bus FLEET INFORMATION SHEET ..MAKE F gmm���,.� - �.m�..Y .,P��. .,..,., .. .w, �.m�� ��.�� �g M� S Installed in Bus check mark if installed,,�N. ....... .... � � E E ED mm A T T A W m.. .. u. . . ........... . ....... ............ ............. ........... .......... ...... ........... .................. ...... .............. ............................................. .................... .............................. .......... ............... .............. .......................................................... .............. .......... ............... ........... ............................. .�.�...............................................................................................��������� ����. rn m F �� mm�... .. ����n m .� �mm� ��m .. ............ ............... ............................. .................... ............... ............... .................. ..................................................... ............""I,,,""................................................ ......................................................... .............................................. ............... .............. ................... ...... .................................................................. .mm�.... �� �.�...m�................�.. ������������............................................m.............� ...............1.1-11,11,111,111,11'll""I'llI......................... .......................................... . ........�� � �w ..............I�...........................................mm......... .......... .............................................................................. ....................... ................................................................. .......... .................................... ....................................................................................................... ....................... .. .... . ........... ... ................................................................... ...__ ................................................................................... .. ....................... ...... ............... .......... .................................... ............... ..............111,11,11,................................................................................... ................................................................................................. . ............................. .................................................................. ............................................................................ .................................................................................................. ............... ........... ...................... ................................................................................ .................................................................................. ...................................................................................................... ............... .... ................."I'l""I'll""I'll'll""I'll"I............................. ................................................ �� .��............................................. ........................�..�...............„ ............................................................................................ ................................................................................................................... ........................................................................... .. ............................."'"" ......... ..................................m�.......................... ...................................................................................................................... ......................................................................................................................... .............. ���������������������������..................................... ............... ....... ....................................................................................................................... - 1 MAKE MODEL YEAR Mileage as of 12/30/16 SEATING CAPACITY GPS INSTALLED Thomas G2 2016 14,000 71 NO Thomas G2 2014 29,895 71 NO Thomas G2 2014 41,870 71 NO Thomas G2 2014 38,666 71 NO Thomas G2 2016 17,875 71 NO Thomas G2 2014 40,677 71 NO Thomas G2 2016 13,240 71 NO Thomas G2 2016 13,285 71 NO Thomas G2 2014 35,888 71 NO Thomas G2 2016 13,321 71 NO Thomas G2 2016 14,041 71 NO Thomas G2 2016 15,185 71 NO Thomas G2 2014 40,441 71 NO Thomas G2 2016 18,153 71 N O Thomas G2 2016 19,032 71 NO Thomas G2 2016 11,973 71 NO Thomas G2 2014 42,714 71 NO Thomas G2 2016 40,441 71 NO Thomas G2 2016 12,005 71 NO Thomas G2 2016 11,512 71 NO Thomas C-2 2014 47,646 71 NO Thomas G2 2016 11,503 71 NO Thomas G2 2014 46,724 71 NO Thomas G2 2014 35,877 71 NO Thomas G2 2014 35,811 71 NO Thomas G2 7014 41,649 71 NO Thomas G2 2014 56,501 71 NO Thomas G2 2014 56,045 71 NO Thomas G2 2014 65,198 71 NO Thomas G2 2012 62,114 71 NO Thomas G2 2013 36,361 71 NO Thomas G2 2014 63,889 71 NO Thomas G2 2014 47,345 71 NO The erriiu�ai iii-id r�re, [�,e vwaur chamuueu;. I PS School Wis, 1'ransportation Services ll'B Bid ff 16-7 12%2211016 APPENDix N - REFERENCES ............... ................ ..............-—-—--—--------------------------- References of similar customers to whom you have provided similar services (provide at least 3). 1. School/Company Name: Minuteman Reg:ional HiK! School Contact Name: Kevin Street: 758 Marrett Road City,State& Zip Code: L xi g oILNTA 02421 Phone Number 781-861-6500 Email Address: a oney@minuteman.org ern Years Working for 30+ School 2. School/Company Name: e its Contact Name: Claudette Blot Street: 175 Forest Street City,State& Zip Code: Walth MA O�.45; Phone Number 7,81-821-2142 Email Address: eblot@bentley.edu Number of Years Working for 10+ School 3. School/Company Name: US China SciTech Education Contact Name: Pei Zha!%_ Street: 16 EveT w cen Lane -- City,State & Zip Code: Andover,,MA 01810 Phone Number 978-662-88012 Email Address: ange( scitech.edu Number of Years Working for 6 School -11 ,11,111,11, , '7 5, II.,Iroa;� !��wIInF��nl 'I���w� I in��ii�p�an"�G��'1oniG,°iacir�'w�:eWs II 11 Bid#I 6--'7 12,22'2 16 STUDENT Bus TRANSPORTATION SERVICES . ...._ _ 16-7 dr , December 28, 2016 1.. y % ids; '✓;v j Lexington Public Schools 146 Maple Street m , , Lexington, MA 02420 Contact ---------- Ian Dailey Assistant Superintendent for Finance and Operations ( ) 7 1- 1-2 O 781-861-2560 ( )i ileyr,(,sc .ci,.lexin o . . s . '� i LPS School Buts Trallspoirt a'Ioaara ServuceS 11 B TABLE OF CONTENTS 1,t[lLEOFCO"F!'Ew"1's ,..... 2 ..�� LEG:tL NOTICE 4 SECTION is GENEILti,fxroltel tTION 5. .. QUESTIONS ADDENDA_ SECTION 2:Ilo%"To SUBMIT A DID SECTION 3:PRODUCT AND PERFORMANCE TEmIs 7 SECTION 4:AWARD AND COti-1'RAOI SE ION 5:BID Sit IINIIS5I0't RE IQUIRENFN'Ts ,._... 1 C. Rr-FERENCI,S. .. 11 I. TER I.. 12 SECTION 6-PRODUCT SPECIFIC,ITIONS 1 ARTICLEI® EFINC I N'S 1 ARTICLE I-LEXINGTON PUBLIC SCHOOLS' OPERATIONS 1 ARTICLE Ill-T tNSP TA N'ROUTE 18 INFORMATION ARTICLE V-BUS DRINTR EXPECTATIONS 2 ARTICLE V-EQUIPMENT 2 ARTICLE VI-ADDALTEItNATLS 27 A TICLE``II-C SIT CT R'S RESPONSIBILITIES 28 ARTICLE%111_QuALrn,REQUIRENIEN-YS 3 L S CURRENT Bts Rouns 35 PREVAILING WAGE FORM 7 BID S .NIISSI N CHECKLIST APPENDIX A-COVER SHEET 1 APPENDIX B- EPREsE.ti-mrioNs AND CERTIFIC.tTION F IIE VENDOII 52 APPENDIX C :LSE CoNTR,%cT PLACE SHEET 63 APPENDIX -ATIILFTIC[EvFNTt FiELDTRIP `I'R,►4SPORT,kT1Oti PRICF SHEET 54 APPENDIX E-ROUND T II'ATHLETIC 5 TR.tNSPORr,tTIN PRICE L[ APFE-,DIx F-RouND TRIP FIELD TRIP 3 TR,INSPORTATION PRICE LIST APPE-4m -ALTER.NATES Pnici,%,GANp OTINER 6 REQUIRED INFO SUET APPENDIX 11-OTIIFR REQUIRED INFORMATION 67 APPENDIX[—SCHOOL ULS DPIVER RostEx 69 APPENDIxJ-Bus DRivrk INFOWMATIONSHEET 7 APPENDIX DIX '—BUS FLEET NFOR.NIATION"SHEET 71 APPENDIX L-S..%-NlPLE CORN FORNti 72 APPENDIX -FINaRPRIti'INr°ORXIAYION 74 APPENDIx 1Ni-RE FERENCES 5 APPENDIX 0-CERTIFICATE OF`ON-COLLUSION' 7 APPENDIX P-CERTIFICATE OF AUTHORITI 7 ( Page LA'S SC11001 BUS sc�r%ice,,", 1 Bid J�16-7 12 l! ',20 16 AI'mwix Q-DISq,LOSI-RE Or I OH111 ING Af, I"ll I N'IES Folm 78 Ai�poaxx It.CER 11FICATION 14 GARDING VOLUNTARVENC,LL SION 79 APPENDIX S-CORP ORAT O',%R�l",�IL',Illl'[-"OIL%I 80 PURCHASE AGRUMENT 81 .......... 3, 1 P LPS School Bus Tra:llsport,&K.)n Set-,ices II B Bid t'r`16-7 12 22 2016 LEGAL NOTICE The Lexington School Committee is requesting bids for School Bus Transportation Services® Bid opening will be on December 28, 2016 at 11:00 a.m. Sealed bids are due at the School Administration Building, 146 Maple Street, Lexington, MA 02420 by 11:00 A.M. on January 27, 2017,at which time they will be publicly opened. Bids will be received until 11:00 AM.on January 27,2017 by mail or delivered to Lexington Public Schools, Debbie Harvey, Procurement Operations Manager, 146 Maple Street, Lexington MA 02420, with the designation "BID #16-7 School Bus Transportation Services lFB" on the envelope. Lexington Public Schools reserves the right to reject any and all bids. For questions, information, or bid documents contact Debbie Harvey, Procurement Operations Manager,at or at 781-861-2580 x68062 Invitation for Bid SCHOOL BUS TRANSPORTATION SERVICES KeX,Dates/Times-. Date Time Location Item ....................................................................................................................................................... .................................................... ............... ............ ............. Notice e December 29,2016 Lexington Minuteman Newspaper January 5, 2017 http:ill 2§.lex1ngtonrna.org i(under Quick Links- LPS Procurement/Purchasing) Goods and Services Bulletin ....................................................... ............... .................................................... ............................................................. .............. ......................................... .............. Release of Bid December 28, 2016 11:00 a.m. h1W-/11Rs.lex1nq ton rna.orq(under Quick Links: LPS ProcurementIPurchasing) or COMMBUYS- hilp //%�viviv.co�alimbu�Vs-COM�/bsO�I or Business Office/146 Maple Street 02420,11,111,111,11111,............. ......................................................... ...... ........................................................................ ...................................................... .................................................... ............................................................ Questions Due January 20, 2017 By 4:00 p.m. dl aiatrve u s ................. Amendments January 24, 2017 By 4:00 p,m. httg,11lpsjexin_ onma.org(under Quick qt Links: LPS Procurement/Purchasing) ................ . ............................................................. .............. ......................... ...................................... ............. .......... .............................. ........................................................... ........................... Submittal Date Januar 27,2017 Before 11:00 a m BLiismess 0 M c,,5,146 . .......................... ................................. ................................................... ............... .... .....'... .............................................. January 27, 10 17 t I°0101 a.m. Central Office Conference Room 146 Maple !N5t, Lcxing!2p ..................................................... .............. ............. ............... ........................................ .......................................................................................... .............. .................................... ............... Term July 1,2017-June 30,2022���............ ............. ........... ........................ ...... 4 1 I PS Schoi.fl Bus Transportation Services 11'13 Bid 1'1 16-1, 12 22'2016 SECTION I - GENERAL INFORMATION ----------- OVE_RVI ENV This is an Invitation for Bids(11713) issued by the Lexington Public Schools to secure the provision of services for school bus transportation. Lexington Public Schools seeks bids for School Bus Transportation Services to be provided to Lexington Public School students. The list of school buildinA 5 LiSing transportation services are below: School Address fit f Bowman Elementa School 9 Phili Road Le?S��� Brid e Elementa School 55 Milleb Road Lexinaton, MA 02421 a Road oa Clarke Mi man Ile School 17 Stedr%nd n Diamond Middle School 99 Hancock Street Lexington, MA 02420 Estabrook Elementary School no - 117 Grove Street Lexinciton, MA 02420 puke EleLnenta School .._.65 Adams Street Harrin ton Elementar School 328 Lowell Street Lexinoton, MA 02420 Hastin s Element!i School _Z_g�sb Rcacl Lexinqton, MA 02421 Lexin ton I-ligh School 251 Walthan Sheet Lexington, MA 02420 BID DOCUMENTSAVAILABLE' Bid documents will be made available beginning December 29,2016 at I IAM by submitting a request for Bid#16-7 and providing the prospective bidder's Contact Person Name,Company Name, Address,City,Zip,phone and fax numbers,and e-mail address through one of the following means: A. Lexington Public Schools website- B. COMINIBUYS-httl�ss6Prr'`vtivmc�enrnUr►�°sme�rr� tree C. By email to dharveyCc'sch.ci.lexingtonrna,us, D. By phone to Debbie Flarvey at 781-861-2580 x68062, E. in person at Lexington Public Schools, 146 Njaple Street{GIPS.328 Lowell St.) Lexington,NIA 02420,open M-F 8:00 a.m.-4:00 p.m. Bid documents will be e-mailed unless delivery via U.S. Mail if specified by the requestor. 2EE>jTIONS Direct all questions to Debbie Harvey via email at diiarvey",�;� sch.ci.lexington.ma.tis. No questions will be accepted beyond January 20, 2017 at 4:00 p.m. PRE-B-I-D--CONFERENCE There will be no pre-bid conference. _ADDE,NDA Any and all such interpretations or modifications for this bid will be in the form of written addenda. All addenda shall become part of the contract documents and shall be acknowledged and dated on the Bid or Proposal Form. Responses to inquiries that affect all bidders will be issued as addenda.Non bidding parties will not be issued addenda%%ithout a public records request for the addenda after the addenda is issued and 5 1 Pa ge i I'S School Bus I ransportation Services IFB Bid ��t 16-7 12 22 2016 5110L[Icl m it distribute this ('uir use as an offlu:�ii,,'ll 011IN [..X%i1111g(0n Public Schools %%ill issue official bid doicuments. Written addenda issued by Lexington Public Schools will be emailed to all parties that Lexington Public Schools is aware have requested documents using the contact information provided to Lexington Public Schools. All addenda will be posted by January 24,2017 by 4:00 p.m. Absence of "failure"messages electronically transmitted from addressee's site will serve as confirmation of delivery of addenda. Bidders should contact Debbie Flarvey via e-mail (tjh,irvelfi sch.ce.1e.xin Ito n-ma- )or phone us -861-2580 x68062)if they believe an addendum (781 has not been received. Addenda will also be posted on the Lexington Public Schools website L under Quick Links: LPS Procuremcm,Purchasing)which will bethe responsibility of all parties to review. SECTION 2: How To SUBMIT A BID A. BID OPENING Seated bids will be accepted at Lexington Public Schools,Procurement Operations Manager, 146 Maple Street,Lexington,MA 02420 until 11:00 AM as read on the clock in the mailroom on January 27,2017 and when and where they will be publicly opened and read aloud. Bids will be made available for inspection on-site for a reasonable period of time after all bids are opened. Unforeseeable Deterrents- If at the time of the scheduled bid opening,the designated site is unavailable due to circumstances beyond the control of the Lexington Public Schools,the bid opening will be automatically postponed(with or without notice to potential bidders)until 11:00 a.m. at the same location on the next normal business day. In the event the same location cannot be used to accommodate a postponement, the bid opening will be formally postponed with notification to all parties provided bid documents by Lexington Public Schools. Bidswill be accepted until any postponement time. B. BID SUBmiTrAL Bids must be submitted in scaled envelopes clearly marked with the following information BID FOR:#16-7—School Bus Transportation Services IFB Bid envelopes must contain three(3)copies of all required documents. Bids must be signed as follows: • train bidder is an individual,by herlihn.personally; ® If the bidder is a partnership,by the name of the partnership,followed byte signature ofea�ch gencral partner;and ® If the bidder is a corporation,by the name of the corporation,Followed Pbly the signature of an authorized officer,whose signature must be attested to by the ClerklSecretary oftlic corporation with the corporate seal affixed. C. COMPLIANCE WITH IFB Bidders must comply with all requirements oft is IFB. in order to be eligible for contract award. Minor informalities will be waived or the bidder will be allowed to correct them, Ira mistake in a bid is evident and the intended bid is clear on the face of the LEXINGTON PUBLIC SCHOOLS BASE CONTRACT PRICE SHEET,the mistake will be corrected to reflect the intended correct bid and the bidder will be notified in writing. The bidder may not withdrav,, such a bid, Lexington Public Schools may reject or a bidder may withdrav► a bid if a mistake i i 6 1 P a g e LPS School Bus Transportation Scr�ic'cs 11 B Bid q 16-7 12 221016 clearly' evident on the face of I the School Bus Transportation Scr%ices Bid, )et the intended correct bid is not similarly c�,ident. D. The following documents are required to be submitted with each bid submission: 1. Cover Sheet 2. Representations&Certifications of the Vendor 1 Base Contract Price Sheet 4. Athletic Event/Field Trip Transportation Price Sheet 5. Rounchrip Field Trip Transportation Price Sheet 6. Alternates Pricing&Other Required Information Sheet 7. School Bus Driver Roster 8, Bus Driver Information Sheet 9. Bus Fleet Information Sheet 10. References Form I]. Certificate of Non-Collusion 12. Attestation Statement 13. Certificate of Authority 14 Corporate;Partnership Form Bidders may be required to further submit the following pertinent inforination: • Bidders may be required to submit pertinent information relating to Personnel and facilities, to establish the degree of ability to perform the transportation agreement. • Accident record for the previous three (3) years prepared by and submitted directly to this office by insurance carrier. (This will be required by lowest bidder within 15 business days after notice of bid acceptance.) • A balance sheet and a statement of profit and loss prepared and certified by the bidder's certified public accountant reflecting financial status for each of the two(2) preceding fiscal years, • A bank credit letter or reference. SECTION 3: PRODUCT AND PERFORMANCE TERMS ......------- A. I, Provide at least three references of companies vendor has been hired for in the past five years. 2. Must include all forms contained in the document with applicable signatures. 3, Must meet all Bidder Requirements, Experience, and goods'services outlined in all sections of this IFB. 4. The bidder has been in the school transportation business under the current name it is submitting as bidder for at least five(5)years operating ten(10)school buses or more per year 5. The bidder has sufficient capital, r has purchased b) bid award duly 6. T wn The bidder has available through oership, lease o 71 P a 9 e LI'S School Bus I ransportation Scry ices 11 B Bid�16-7 12 227016 licensed school buses or the number,t%pe,year and passenger accommodation specified,herem, and that Such vehicle%%it[ be in the possession of the bidder by August 1,2017, 7. And that the bidder employs trained and duly licensed drivers to enable it to perform the work to the satisfaction of the Lexington School Department. B MODIFICATIONS TO BIDS A bidder may correct, modify, or withdraw a bid by written notice received by not later than the close ofbusmess on the day before the bid opening. Bid modifications must be Submitted in a sealed envelope clearly labeled"Modification No. ' ." Each modification must be numbered in sequence, must reference the original IFB and must be signed by the same person who signed the LEXINGTON PUBLIC SCI IOOLS School Bus Transportation Services Base Contract Price Sheet or a surrogate so authorized in writing. After the bid opening,a bidder may not change any provision of the bid in a manner prejudicial to the interests oft e Lexington Public Schools or fair competition as determined by the Lexington Public Schools. After the bid opening, a bidder may not change any provision or the bid in a manner prejudicial to the interests of the Lexington Public Schools or fair competition. Minor informalities will be waived or the bidder will be allowed to correct them. Ira mistake and the intended bid are clearly evident on the face oft e bid document, the mistake will be corrected to reflect the intended correct bid,and the bidder will be notified in writing; the bidder may not withdraw the bid. A bidder may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident, C, 490 . L 1 An its at least equal to one or more that are named or described in the Specifications may be offered by a Bidder. The naming of any commercial name,trademark,or other identification shall not be construed to exclude any item or manufacturer not mentioned by name or as limiting competition, but shall establish a standard of quality only, An its equal to one or more that are named or described in the Specifications may be offered by a vendor. An item shall be considered equal to the its so named or described if(I) it is at least equal in quality,durability,appearance, strength and design, (2)it will perform at least equally the function imposed by the general design forte use intended,and(3)it conforms substantially to the requirements oft e specifications with only minor deviations immaterial to the requirements of the preceding conditions(1)and(2).The name and manufacturer's published product specifications establishing product equality must accompany"Or Equal"Bids. Acceptance of"Or Equal" Bids shall be at the sole discretion of Lexington Public Schools whose decision shall be final. D. WARRANTY Bidder is encouraged to provide warranties where applicable. Final payment by Lexington Public Schools shall constitute notification to the Vendor of the commencement oft e warranty period. In addition to any implied warranties,the Vendor hereby%warrants that the Products shall be fit for the intended use and shall be free from defects in and malfunctions arising from workmanship,material and design ands all conform to the requirements of this contract. Inspection,test,acceptance or use of the goods furnished hereunder shall not affect the Vendor's obligation under this warranty,and such warranties shall survive inspection, test,acceptance and use, If Lexington Public Schools shall give the Vendor notice of any defect,deficiency or non- conformance within twelve(12)months from the date of final payment by the Lexington Public Schools, Vendor shall,at no cost to the district and wit in a reasonable time, repair or replace all such defective,deficient or non-conforming items. In the event of failure by the Vendor to 8 1 P a g e LPS School Bus Transportation Services IFB Bid #16-7 1222.2016 correct defects in or replace non-confiormin,,t goods or services %�ithin a reasonable time, Lexington Public Schools may make such correctiow,or replace Such goods and services and charge the Vendor for the cost incurred by (lie district thereby. E. DELIVERY The delivery time, as stated in the Bid or Proposal Form, shall be the time required to deliver the complete item alter the receipt of the order or award of the Contract. The right is reserved to reject any Bid or Proposal in which the delivery time indicated is considered sufficient to delay the operational needs for which the commodity,,, service is intended. F. METHOD OEAQQLI-SITION All items and materials shall be included in the price of services. Lexington Public Schools will issue purchase orders if they deem the contract useable. Q INVOICING Selected Vendors must direct all invoices to: Lexington Public Schools Finance Office 146 Maple Street Lexington, III A 02420 Lexington Public Schools is tax-exempt. Sales taxes and finance charges will not be paid. Individual purchase orders will be assigned to the successful Bidder(s) from the participating LEXINGTON PUBLIC SCHOOLS in this Bid or Proposal and each is to be invoiced separately. All invoices submitted Must show the respective LEXINGTON PUBLIC SCHOOLS' purchase order number. H. PAYMENT Payments will be made for all goods,'services delivered within 60 days of receipt and acceptance of delivery. SECTION 4: AwARD AND CONTRACT A. RULE OF AWARD An award will be made as follows: A contract will be awarded to the responsive and responsible bidder offering the lowest total price for all five years of the contract. Each year's bid price will be recalculated by the awarding authority to determine the present value of the five payments and the Value of the Additional Routing Tiers, and alternates. A discount factor equal to the prime rate,as stated in the Wall Street Journal on the bid due date, will be used to determine the present value of each bid. Lexington Public Schools will consider multiple vendors. Vendors may bid on Base Contract,Athletic Trips and/or Field Trips individually or as a whole. The school department will award the contract to those bidders who bids, in combination,offer the department the most responsive and responsible bid,with the lowest overall cost for the services requested. A vendor bidding on multiple items Must state in her-'his bid whether the vendor is bidding on each part separately,or if the vendor's bid is for a combination of parts. The Lexington Public Schools within ten days of receipt of the acceptable Agreement,signed by the party to whom the agreement was awarded,shall sign the Agreement and return 10 Such party an executed d1uplicate of the Agreement. 9 1 P g e LI'S School Bus I ransportation Services IF B Bid #16-7 1222 2016 A signed contract will result from this IrB, and will remain in efleLt for the contracted work period or until the purpose of the contract is fully realized. Once bids are awarded, Lexington Public Schools will determine which, if any, of the Alternates equipment it will require, Please note that Lexington Public Schools shall not enter into the contract for transportation services described herein unless funds are available for the first fiscal year at the time of contracting. Payment and performance obligations for succeeding fiscal years shall depend on the availability and appropriation of funds. Lexington Public Schools shall issue the Notice to Proceed within ten days Of the CXCCL[tion of agreement. Should there be reasons why the Notice to Proceed cannot be issued within such period the time may be extended by mutual agreement between the Lexington Public Schools and the bidden If the Notice to Proceed has not been issued within the ten-day period or within the period mutually agreed upon, the Bidder may terminate the Agreement without further liability on the part of either party. The Bidder shall begin the installation process ten days after the receipt of the Notice to Proceed or when the owner has scheduled the installation to occur. This contract shall be governed by and construed in accordance with Massachusetts Law, The School Committee reserves the right to accept or reject any or all bids whenever the interest of the Town shall require and award the bid to the lowest responsible bidder® The School Committee reserves the right to waive any informality in or to reject any part of or all bids in the best interest of the Lexington Public Schools. B. EVALUATIQ,-4_OFBIDS The Successful bidder will be evaluated on the following: 1. Establishment of credentials: company is a responsible and qualified bidder. 2. Provide school bus transportation as specified in this bid document. 3. Bids must be submitted on the forms provided on a per page basis or its stated on the bid sheet. 4. Total cost of transportation services based on 5 year contract. C, TIE BREAKER In the event of a tie,the District will flip a coin assigning"heads"to the bidder whose company name is alphabetically first. D. TIMEFRANIE FOR AWARD All bid prices submitted in response to this IFB must remain firm for 40(forty) days following the bid opening or until a contract is executed,whichever occurs first. The time for the award may be extended for up to 45 additional days by mutual agreement between the Lexington Public Schools and the apparent lowest responsive and responsible bidder. E. RESERVED RIGHTS Lexington Public Schools reserves the rill,ht te: I, Cancel this IFI3 at any time, with or without notice to prospective bidders. Reasonable efforts will be made to give timely notice. They further reserve the right to waive technicalities and formalities in Bids or Proposals, as well as to accept in whole or in part such Bid or Proposal or Bids or Proposals where they deem it advisable in protection of the best interests of the LEXINGTON PUBLIC SCHOOLS, 2. Accept or reject, in whole or in part, any and all bids as permitted by law. I Award contracts as.it deems best serves the interests of the Lexington Public Schools. _ 10- ........... LPS Sclvjol Bus 1 ransportation Services H:B Bid¶�,16-7 12 22 2016 4, Waitc or adjust non-statutory bid requirements before or after bids are opened in"hatever`says it deems best serves(lie interests of Lexington Public Schools,`chile also being rion-prejudicial to the interests of fair competition. Waive or adjust non-Statutory bid requirements before or after bids are opened in whatever ways it deems best serves the interests of Lexington Public Schools, while also being non-prejudicial to the interests of fair competition. R E-ONTRACT A signed contract will result from this IF ,and i0l remain in effect for(lie contracted work period or until the purpose of the contract is fully realized. While the contract is in effect, the Procurement Officer acting on behalf of the Lexington Public Schools may continue to place orders for the awarded items at the original bid price. The contract term may be extended an additional two years, if circumstances warrant such an extension. SECTION 5: BID SUBMISSION REQUIPLEMENTS A ERFORMANCE CAPABILITIES This contract calls for the furnishing of scheduled bus transportation for all designated school children for the Lexington Public Schools and includes the furnishing of all services necessary and required, consisting of the following:transportation equipment,maintenance of equipment,operation, supervision, inspection,registration, licensing, insurance, and conformation to all applicable laws,rules, and regulations of the Federal Government,the Interstate Commerce Commission, the Commonwealth of Massachusetts, Department of Motor Vehicles, Lexington Public Schools and the Lexington Public Schools School Committee. 13 EXPERIENCE Bidders must demonstrate competency in the business of providing student transportation services specified in this IFB by conformance with the following criteria: I, Provision of the specified goods;'and or services is consistent with normal lines of business. 2. Incorporated to do business in Massachusetts. 3, Receive favorable ratings from references. 4. Vendor shall demonstrate that the service offered is the requested specifications. 5. Bidders that do not meet these minimum qualifications will not be considered. C. REFERENCES Bidders must provide a list of three references one of which must be a school district,and two customers who have used your School Bus Transportation Services in the past three years. Any omission will be considered grounds to invalidate the pro poser's bid. Use the form clearly marked "REFERENCES"in this bld and form ides(lie follm%Ing information for each reference. I. School ompany Name 2. Contact Person 3. Street Poor references may be used as a basis for 4. City, State,Zip determining that a VENDOR Is not a responsible bidder.The Lexington Public Schools can and will act 5. Phone Number as its own reference. I I'S School Bars"I ransportation Scrvicc�-, IF B Bid f 16-� 12 22 ?016 6. Email Address 7, NUmber olfears Lexington Public Schools may obtain and review all relevant reference data in its decision making process towards the awarding of the Contract. By providing a bid and list of references, the bidder warrants that the list is complete and by tendering its bid and providing the above list of references,the Bidder hereby authori7es and releases Lexington Public Schools and the above previously serviced municipality institution to openly and fully discuss the municipal ity'shnstitutions evaluations, opinions or perceptions of Bidders prior perlbrmance and reputation, and by said bid tender and list of municipalities'institulions said Bidder does thereby agree to release indemnify and hold harmless Lexington Public Schools and the said municipalities/institutions and their agents of and from any and all liability, both at law and in equity, which might arise or be claimed to arise from the providing of information, data, evaluations or opinions relating to the said Bidder or its agents, officers or employees. In the context ofthis bid the term Bidder shall can and include any and all other corporations or entities in which any of the Bidders Corporate Officers,Directors, Share Holders, Principal Administrative or Operating Personnel or owners were previously involved or associated with. D. SUBCONTRACTORS Proposer must supply a list of sub-contractors Used for specialty services. E. ®L AFFIDAVITg .G_1_.,C_1Iz30B Any person submitting a proposal for the sale, lease or provision of equipment,supplies or materials of services to any governmental unit as defined in M.G.L., Ch. 30B shall certify that the bid is made without collusion or fraud with any other person. This certification is to be included with the seated bid, Failure to submit such statement will result in the bid being disqualified. F. TELEGRAP1 I Sri S Il TL Telegraphic and Bid or Proposal offers sent by electronic devices are not acceptable and will be rejected upon receipt, Proposing firms will be expected to allow adequate time for delivery of their Bid or Proposal either by air freight,postal service, or other means. G. CANCELLATION Either party may cancel the award in the event that a petition either voluntary or involuntary is filed to declare the other party bankrupt or insolvent or in the event that such party makes an assignment for the benefit of creditors. 11. PATENT CULRLN-TEE Bidder shall, with respect to any device or composition of Bidder's design or Bidder's standard manufacture, indemnify and of harmless each LEXINGTON PUBLIC SCFIOOL, its employees, officers, and agents, from costs and damage as finally determined by any court of competent jurisdiction for infringement of any United States Letters Patent, by reason of the sale of normal use of such device or composition, provided that Bidder is promptly notified of the all such actual or potential infringement suits, and is given an opportunity to participate in the defense thereof by LEXINGTON PUBLIC SCI IOOLS. 1. TERM Lexington Public Schools reserves the right to enter into an annual contract with the selected vendor, renewable, to provide services as described herein. The term oft e agreement shall be from July 1, 2017 through June 30,2022. The days on which transportation is to be furnished shall be as designated and required by the School Committee. This contract is subject to appropriation on a yearly basis. J. NVITHDRANVAL Or, BID SUBMISSION Bids may be withdrawn prior to the time established for the opening of general bids only on written request by email to Ian Dailey at or by mail to Ian Dailey, Assistant Superintendent for Finance and Operations, Lexington Public Schools, 146 Maple Street, Lexington, NL\ 024M - 12 - p S Sk:IIiiooi Bus I ranipim"tallion 11 B Bid .,t 16-7 12 222016 K. TErtmiNATioN or Awmw roa cAUsr If, through any cause, the successful Bidder shall fall to fulfill in a timely and proper manner its, obligations or if the successful vendor shall violate any of the covenants, agreements or stipulations of the award, LEXINGTON PUBLIC SCHOOLS shall thereupon have the right to terminate the award by giving written notice to the successful Bidder of such termination and specifying the effective date of termination. In that event, all finished or unfinished services, reports or other materials prepared by the Successful Bidder shall, at the option of the Agency, become its property, and the successful Bidder shall be entitled to receive just, equitable compensation for any satisfactory work completed, prepared documents or materials as furnished. Notwithstanding the above, the successful vendor shall not be relieved of liability to LEXING'rON PUBLIC SCHOOLS for damage Sustained by LEXINGTON PUBLIC SCHOOLS by virtue of breach of the award by the successful vendor and LEXINGTON PUBLIC SCHOOLS may withhold any payments to the successful vendor for the purpose of set off until such time as the exact amount of damages due LEXINGTON PUBLIC SCHOOLS from the successful vendor is determined. L. TERMINATION OF AWARD FOR CONVENIENCE LEXINGTON PUBLIC SCHOOLS may terminate the award at any time by giving written notice to the successful vendor of such termination and specifying the effective date thereof, at least thirty (30) working days before the effective date of such termination. In that event, all finished or unfinished services, reports, material(s) prepared or furnished by the successful Bidder under the award shall at the option of each LEXINGTON PUBLIC SCHOOL become its property. If the a%%ard is terminated by LEXINGTON PUBLIC SCHOOLS as provided herein, the successful vendor will be paid an amount k�hfch bears the same ration to the total compensation as the services actually performed or material furnished bear to the total services aterials the successful Bidder covered by the award, less payments of compensation previously made. If the award is terminated due to the fault of the Successful Bidder, termination of award for cause, relative to termination shall apply. K LEXINGTON PUBLIC SCHOOLS are exempt from Town,County, State and Federal E,,Xcise Taxes. Certificates will be issued upon request. Any appropriate taxes shall be shown as a separate item on your Bid or Proposal. Bidder shall obtain all appropriate tax exemption certificates from LEXINGTON PUBLIC SCHOOLS. All tax laws must be followed forte sale and purchase of photographs to taxable entities and the contractor is required to collect and make payment for those liabilities. N. PAYMENT OF TAXES TO THE COMMONWEALTH OF MASSACHUSETTS PURSUANT 12DGL CH.62 ,C '49A J_ No co. acts may beentered into with any party that has not filed and paid all taxes required under la%^, This certification is to be included with the sealed bid. Failure to submit a statement of compliance with the statute will result in the bid being disqualified. 0. COM "ETITIVENESS AND INTEGRITY The collective LEXINGTON PUBLIC SCHOOLS have assigned control of this acquisition process, to LEXINGTON PUBLIC SCHOOLS' Business Office identified in the Bid or PropoSml Notice of this document, to prevent biased evaluations and to preserve the competitiveness and integrity of Stich acquisition efforts. Bidders are to direct all cornmunications regarding this Bid or Proposal to LEXINGTON PUBLIC SC140OLS Business Office, unless othcr%%ise specifically noted. Attempts by offering firms to circumvent this requirement will be viewed negatively and may result in rejection of the offer of the firm found to be in non-compliance. LEXINGTON PUBLIC SCHOOLS' Business Office may refer Communications to other participating LEXINGTON PtJBLIC SCHOOLS for clarification. - 13 LI'S School BUS'I'ransportation Ser ices Il'B Bid 16-7 12222016 P. FOB POINT The FOB point shall in all cases be the destination. If freight is charged to any of the LEXINGTO'-4 PUBLIC SCHOOLS, the vendor will prepay and add. Q. MINORITY BUSINESS ENTERPRISE PLAN Notice is hereby given that the Town M.B.E. Plan dated December 1, 1984 and the Supplemental Equal Employment Opportunity Anti-Discrimination and Affirmative Action Program are applicable to all school department contracts for goods and services in excess of$4,000. All EEO,,"AA requirements of the contract will remain in force. Rm RIGHT TO KNOW LEGISLATION- N1_G.L_, H. I I IF AND 454 CMR 21.06 All vendors furnishing substances or mixtures which may be classified as toxic or hazardous, pursuant to M.G.L., Ch. 11 I f, are cautioned to obtain and read the Law and the Regulations referred to above. Copies may be obtained from the State House Bookstore, State House, Room 117, and Boston, MA 0203 for a fee. Bids may be withdrawn prior to the time established for[lie opening of general bids only on"ritten request to [an Dailey, Assistant Superintendent for Finance and Operations, Lexington Public Schools, 146 Maple Street,Lexington,MA 02420. SECTION 6 - PRODUCT SPECIFICATIONS A. BACKGROUND 0 Lexington, Massachusetts is a suburb of Boston, Massachusetts, * (9)school buildings grades K-12 0 School buildings and their addresses are listed on Page 5 Section 1. 0 The school district functions under a School Committee consisting of five(5)members. 0 77027 students Grades K-12 attending Lexington Public Schools * 3,7 10 students currently use school bus transportation. B. PRQ1ECT DESCRIPTION Lexington Public Schools requests the folloMng services for school bus transportation for their students: School Bus Transportation is needed for nine school buildings to and from school for the entire school year from August.,,'September through June. A contract for five years will be awarded to the most responsible and responsive vendor. Lexington Public Schools offers an after school bus for each of the six elementary school buildings. Students arc picked up at each elementary school building and dropped off at seven different locations in the Town of Lexington. There are currently 421 Students who take Lexington Public Schools' after school buses. C. SCOPE OF SERVICES Lexington Public Schools is looking for school bus transportation services for all regular day and extracurricular activities in accordance tkith the attached specificalions, School bus services %Q1 begin on the first day of!!,-;chooI in AUgLlSt,September of each school year and end on the last day of school in June - 14 LPS School Bus Transportation Services im Bid 16-7 1222 2016 ofeach school year, prices shall remain firm for the entire period .&the contract v,ith the exception of any fuel escalation clauses on the bid pricing sheet or for airy additioiW buses needed each year as itemized b% Lexington Public Schools. Lexington Public ublic School!e reserves the right to reject any or all bids and award the bid as may be determined to be in the best interest or the school district. D. GENERAL SPECIFICATIONS The basic contract calls for the Contractor to own and operate to minimum of thirty rive (35) school vehicles operating up to three tiers per day for a minimurn of 182 school days. The Contractor may also be required to ,)crate a fourth 4t.1 tier within the allotted time criod u -on desiannionn hv the u sel 'nu� inimuin 71 p 1 11 c b_ used it 0 n bi cx c s h bid h be based a standard minimum 71 passenger school buses as c e a �v c 5 0 .1 _ In Its -L 1 ton PH ic S hooL_ T e i 11 should ould accessible on 1 ,St� vehicle 9 a vehicl It a e chair ac ible bus. No vehicle shall be used in the execution of t le t 0 having t ur g e co tract The S1 e contract o hich is me h mo the 0 1 y time - % during the contract The School Department the nt ct v re than 84 n old a an reserves the right to add buses based on the base rate as awarded, Notification of additional buses will be given no later than June 30th of the preceding school year.The base contract is computed as using the daily rate times 182 days times the number of buses as stated in the Appendix A-Base Contract Price Sheet on Page 40. Fuel pricing used for this contract must reflect actual cost less federal taxes. Contractors should consult Credits and [refunds). The link to this This publication describes the federal e�clse portion saf the cost of fuel purchased y a private contractor for fueling of buses to provide cgualiCed local btrs and seltool bits service as eligible r refund, The Contract allows for a Fuel Adjust cite Clause as.art alternate pricing, E. SPE CIFICATIONS ARTICLE I-DEFINITIONS TERM That entire period ortime as determined in Article 11 LEXINGTON PUBLIC SCHOOLS Lexington Public Schools,a Municipal Corporation or the Commonwealth oflylassachusetts,situated in MiddlcscxCountym THE SCI-IOOL CONI',%IIT'TICE The duly designated School Committee of Lexington Public Schools comprised of rive(5)members and one student represmultive, CONTRACTOR That bidder, %vilose bid is accepted by Lexington Public Schools and who has entered into this written contract. SUPERINTENDENT The Superintendent of Lexington Public Schools or his/her designee. STUDENT That individual who participates in the school program of Lexington Public Schools. DRIVER That individual designated by the Contractor to operate a%chicle. VE111CLE A nc%v or u,,;ed motor vehicle, whether mmed or leased, operated by the Contractor,and used by the Contractor lbr transportation in accordance with this contract. Said vehicle shall be appropriate for transporting students under all pertinent rules, regulations and la vs, and it shall be the Contractor's duti, and obligation to maintain all of the said vehicles and equipment in optimal operating and safety condition during - 15 - LPS School Bus TranSPOrtatiOn Ser%ices 11 B Bid ft 16-7 12222016 entire ter ini(s) of this contract and age of'said%ehicle shall not exceed 72 111111011110ts, Unless a contrary intent is oflien6se expressed or demonstrated when, hereinafter, used the term "School Department" shall include the following terms/concepts; 'J'lle School Committee, Superintendent and Lexington Public Schools as defined above. AwriCLE 11-LEXINGTON PUBLIC SCHOOLS'OPE IRATIT NS a. Pea! iIs Approximately 37 10 pupils are currently being transported in the 2016-2017 school year. b. The number of pupils given for routes is an approximate number at the time the specifications were drawn up. Changes in the number of children on any route increasing or decreasing the number of buses or new accommodations necessary for safe and convenient service will be adjusted by the contacting parties at the beginning of each school year or at the time such adjustment seems imperative in the interest of proper service. c. In the interest of safe and proper service, the Contractor will assist in determining routes, location of stops and counsel in matters relative thereto. After consultation, the Assistant Superintendent for Finance and Operations or designee will set finalized routes. Alteration to the route shall be made only upon the approval of the Assistant Superintendent for Finance and Operations or designee. d. Lexington Public Schools Transportation Coordinator Responsibilities Lexington Public Schools' Transportation Coordinator is Elaine Celi. Contact information is as follows • Email is or-eil@sch.ci.lexin_qton.r_na-us • Phone numbers are 781-861-2580 X68063 • Office Location is Lexington Public Schools Transportation Office, 146 Maple Street, Lexington, MA 02420 • Fix Number is 781-861-2560 • Hours of0peration: 8:00 a.m. ,4:30 p.m. The Transportation Coordinator is responsible for the management and oversight of regular and special education contracts; bus routing and assignments; management of fee based transportation program; revenue billing and collection; and participation in Town wide safety committees. The coordinator works under the supervision of the Assistant Superintendent for Finance and Operations. She is responsible for the Supervision and training of clerical support in the Transportation Office which consists of one Executive Assistant and one administrative assistant to Transportation. Currently, the Transportation Coordinator uses a bus transportation program called Transfinder to route and schedule all regular bus transportation for students. The awarded bus vendor will receive permissions to access Transfinder on a limited basis. Duties include the following: - 16- JJIS School BUS Transportation Scr%ices irB Bid 16-',` 12 222016 i. Coordinate and chireict programs airiid servicie-s relating io school bus transportation ii, Work cooperativcly with professional staff in order to provide an efficient and effective bus support system. iii, Assist school administrators with student discipline issues on buses and boarding areas. Maintain records Of Student Conduct Reports; Report parent, driver or bus company concerns to appropriate building administrator; communicate with parents regarding student discipline issues. iv. Establish morning and afternoon re,V'Ular day bus schedules each year and revise schedule during the year when necessary. V. Establish preliminary bus routes and stops with input from contractor. Run each route with driver before the opening ofschool and revise as needed. vi. Arrange transportation for children with,,'.�pecial educational needs. vii. Represent the Lexington Public Schools in matters and at meetings cones in transportation viii. Maintain adequate, accurate and up-to-date records of schedules, routes, stops, student assignments,accident reports,school bus records and project transportation requirements. ix. Ensure that in-service training programs are conducted on a periodic basis for personnel involved in transportation. X. Schedule bus evacuation and bus safety meeting for all students twice a year with the safety officer and bus drivers in accordance with Chapter 90 Section 7B -Bus Evacuation regulations xi. Investigate and report all accidents related to school bus transportation xii. Ride buses periodically to monitor the performance of the transportation system and gain firsthand knowledge about the routes prior to the opening of school and as needed throughout the year. xiii. Check and approve all transportation invoices and forward them for processing and payment. xiv. Prepare estimates of transportation budget account. Xv. Write, interpret and enforce the provisions set forth in the specifications and contracts for school transportation xvi. Conduct a continuing program of research with reference to cost analysis, time studies and bus schedules. xvii. Prepare all reports concerning transportation, including state reports. xvjii, Implement a comprehensive program of public relations. xix. Schedule and Conduct Opening Day Drivers meeting of all contracted companies and their drivers - 17- I 13S School Bus Transportation Sentccs 11 B Bid '� 16,'",' 12222016 XX. Establish %vfth aippropriate cOMPARI ies the sched�jjes tauad I for students%%idi special nxds. xxi, IDesign.lruplenient Registration Process lor all transportation students Xxii. Collect,Track and Report Revenue fbr all transportation fees. xxiiL Issue Bus passes to all registered students for transpartatiom d. SCHOOL INFURNIATION AND SCHEDULING School addresses and l iours kinder contract for transportation are: M 1,9chool and ols S'I Pines _9tti,jent School _Addrcss LLeLojjar I tiro Soj.,ent as_eDa v St ident LB� I grs D ture Bv rrival BN uxington 251 Wafthaim 7:45-2:25 730a,ni, 235 pz%. 5 q 1°25 a,m. qt� to School Clarke Middle 17-Steriman Road 8-.00-2:50 7:50 a.rn. -1-00 &00- p 4 A5 1 t%55 a.M. Diamond 99ulancock Street 8:00-'2;30 7:50 a.m. 3°00 p.rn, 8:00- 1 p.4a q 4�35&M Nfidffle Letinglon Pleblic Schoolv EleyneglaulliekoL g _ tudent C1& 0 ,address ReaQjlar 5tudant kqdrat DayD artu re B� pairs Ardval Bit De Arturf.Bv Urs - Bowman 13hilip Road 8-43-3 15 830 a,tn. 3:25 &45 12.15 M25 M Brid re .45-M5 830a.m. 3�25 1 &45- 12.l5 12�2 5i %fiddleby Road 8 �,D -M� Estabrook t 17 Grove Street 8.45-3:15 8.30 a.m. _IZ:2 25y.m, 8:45- M 15 _5�im 2 12:15 IL�25p Fiske 55 Adams Skred 8:45-3.13 830a.m. 8:45 17 I StreL-1� �15 8�30a.m�. fb 4 �3 _5 jn, &45- 11l5 Harnn Aoin 3278 Lowell Street 8.45-3:�5 � 8:30 a.m. arT — 7 Cr,).j _45�,-M5 8.30a.m. 3:25 in. 8�45 .- 12:L5 1225 -..m. 7 rrn±.N Road LS-1 Ilastin s Schools start and dismiss at the above listed times, We expect students to arrive at least 10 minutes berore their first scheduled class and be ready for dismissal pickup 10 minutes after the dismissal of their last class. 'rhe School Department reserves the figlit to stagger or change the starting and'or closilig tInaes of schools at no additional cost. Alrf LF 111.-TRANSPORTATION 11(ju a P. INFO.RNIATION N ROUTE I a.. ROUTING AND SCHEDULING L All instructioils to the contractor(s)relating to routing,schedLIfing, bus stops,start firries and other transportation issues shall be enacted through the Assistant Superifitend,ent for Finance and Operations and the Business Orlice, 146 Njaple Street, Lexington, Massachusetts or designee. Stops for each bus Naill be determined and stated to successful bidder/bidders on or before August 15til of each year. Stops are subject to cilainge at the discretion of Lexington Public Schools, as required by distribution Of Pupils.. - Is - [JIS School Bus Vrairspoii-Lafion Ser6,:�es; IFB Bid 16-7 12222016 ii. All bus stops acre designeid to load and Linload stuidents, on the ril;qlit hanid silde of flie street preventing students from crossing major roads,, 'I lie District will desit :` g gnate stops %%here students must cross. The Contractor is expected to assist in removing from bus routes all crossings that do not load and unload Students on the right hand side of the street. (See Appendix D LP S Current Bus Routes -Pages 37) iii, Transportation routes may be amended, added or discontinued at the option of the School Committee or its authorized representatives with changes to be implemented within two(2)da)s of receipt of written notification. Failure to comply may result in the contractor(s)being penalized at the per them rate per incident until compliance. iv. Routes should be checked periodically by both parties to make sure unauthorized changes have not occurred. List of routes are listed on Page 36. v. The transportation of pupils to and from school shall begin on the morning of tile opening da"Y of school and shall continue in accordance with the school calendar. Buses will operate on an established schedule to avoid early and/or late arrival times at bus stops and schools. All students using the bus transportation is issued at student school bus pass `rith the student's Picture on it and also includes school name, student name, bus number, homeroom and school year of pass. vim AFTER SCHOOL BUS - Lexington Public Schools offers an after school bus for all elementary school students. There is one after school bus per building. There are approximately 421 students currently using the after school bus. Students may use this service any number of days during the school week from the first day of school until the last day of school. Eleme Flayden Recreation Centre-55 Lincoln Street Munroe Center for the Arts- 1403 Massachusetts Avenue 11311L-2606 Massachusetts Avenue LYCAL-240 Bedford Street Kumon-240 Bedford Street Chinese&Math Learning Center-57 Bedford Street Russian School of Math-4 Militia Drive,781-859-7444 Nancy&Dao Ballet-Thursdays Only- 1912 Massachusetts Avenue(Hancock Church) Empow Studios- 1776 Massachusetts Avenue Yamaha Music School, 57 Bedford Street i, The schedule of route operation shall be maintained in such a manner that school children awaiting bus arrival shall not be required to wait longer than ten (10) minutes beyond the time of the schedule of the stop. The bus shall not delay at a bus Stop longer than necessary for school children to board the bus. Delay at bus stops to permit the boarding of school children not present during the time the bus is being loaded shall not be permitted. The first stop of any bus for any pupil in the Town shall not be before forty five (45) minutes Of tile times listed previously in Article #11 - 43- School Information and Scheduling on Pages 17 or before the time set by the Superintendent. Some High School Routes may begin on or after 6:50 am. Pupils shall be picked Lip at the schools within fifteen(15) minutes after closing time. Estimated completion of route is 4:00 prn for three tier buses. Changes in school hours may be instituted by the school authorities and shall not affect contract price except as additional buses or time is required. - 19- LPS °�chool Buju'I raiv,;,portation Services 11 B Bid ,,,16-7 12,22 2016 b. CUR RENT ROUTE EXPECTATIONS i. A trial run and time stud) of each route, in the type ol'bus that%0I be USed on the actual route, shall be performed prior to August 20th orschool each year, Dr} runs should be revic%%ed With the Transportation Coordinator and Contractor Dispatcher to correct any mistakes,time discrepancies,or hazards before students are transported, When a new driver is assigned to a route,he or she should also perform a dry run before transporting students. ii, A Route Information Folder detailing the specific route is required on all buses at all times. iii. Contractor who is awarded Appendix F -Alternates Pricing on Pg.48 must have buses available to provide transportation services for Field Trips,Athletic,and other school-related events. Any buses used for school field trips that are assigned to regular routes must be back no later than 1:30 p.m.toaccommoclate p.m.dismissal times. Buses not assigned to regular routes must return no later than 15 minutes before dismissal time or determined by school request or bus order form. iv. Occasionally schools may clo,,se early. The Contractor will be informed in advance of any early release days. This will result in no additional charges to the'roNm. v. Lexington Public Schools may implement their delayed opening of school policy during periods of inclement weather. The Contractor will provide bus service under these conditions at no additional cost to the Lexington Public Schools. via The School Committee estimates the buses required in the"Base Contract Transportation" ®full sized buses®will average less than 40 miles per day. vii. Route mileage will be computed on the basis of actual mileage between the point where the first child boards the bus and the school or the point at which all children are delivered. No mileage accrued from garage to first child pick-up or from delivery point to garage in the morning or from garage to school and from the delivery point of the last child to garage in the afternoon will be considered. viii. The mileage figures in these specifications provided are approximate. The School Committee, however,assumes no responsibility for their accuracy or for errors resulting from their use. It is expected that the bidders will take their own measurements of route mileage. All mileage charged for field and or athletic tri s shall be COM Uted bv usiniz Gooal Mileage shall be computed from the School of origination(pick up)to the destination and back to the School of origination. ix. The Contractor shall be solely responsible for any and all costs incurred in achieving and ensufing compliance with the Contractors transportation obligations. x. Each and every failure by the Contractor to maintain the schedule as herein provided shall be a breach of the Contract and shall be Subject the Contractor to an assessment of liquidated damages. xi. Repeated breaches as heretofore described which are found to be in the opinion of the Superintendent the cause Of undue disruption to the students,shall constitute a material breach of the Contract and shall forthwith terminate the Contract upon Such finding and shall further subject the Contractor to an assessment of liquidated damages as hereafter provided. xii, The imposition exaction of liquidated damages shall not preclude the School Department from -20- MIS School Bus I ransportation Ser%ices 11 B Bid 16,.7 1222 2016 ally of its other remedies and darnages, either at law or in cqLlit}, including claims Linder and against performance bonds or insurance nor shall it preclude initiation of contract, tort or other legal actions and the award of additional damages there Linder. ARTICLE IV-BUS DRIVER EXPECTATIONS ............................................................... 1. Under the terms of this contract,the Contractor agrees to comply with the rules,regulations,and requirements of Chapter 90,Section 8A,General Laws of Massachusetts,and amendments thereto,in respect to the licensing of' school bus operators,which statutes indicate in part the"Applications for a license to be a school bus operator may be made by any person who shall have attained the age of 21 years and who shall have been a duly licensed motor vehicle operator for a period of three continuous years prior to his application;but before such a person shall be so licensed,the Registrar shall be satisfied that he is of good moral character and has successfully completed a driving perforinance test and Visual test". 2. The Contractor shall be respons,ible for terminating any employee found guilty of or convicted of using or selling any illegal controlled substance. A written report of all tenninations by the Contractor shall be sent to the School District in writing within 24 hours. 3. The Contractor further agrees that he will provide mature and responsible operators,who are well trained, competent,careful,physically able,and courteous as drivers for all school buses. 4. The Contractor Must attest that all drivers are of good moral character and fit to work with children of school age. If at any time the School Committee of Lexington or its Executive Agent shall determine that any operator does not conform to the foregoing listed qualifications,that he will replace said operator with one who fulfills the required qualifications, The School Committee reserves the right to investigate at any time through the Criminal History System Board criminal offender record information and the Sexual Offender Registry Information (SO RI)regarding school bus drivers or potential school bus drivers. 5. Prior to August V each year of the contract, a School Bus Driver Roster(Appendix FI on Page 66) of all bus drivers must be submitted to the Assistant Superintendent for Finance and Operations, showing evidence that each driver meets all of the physical requirements required by the Registrar and evidenced by a physical examination conducted by a qualified physician and shall include a chest x-ray as required by law, Provision of said examinations is the responsibility of the Contractor. In addition, each driver's Commercial License expiration date and date of last school bus driver certification should be provided with this roster. 6. Vendor Em loyee CORI Inrormallon: The Contractor "ho is awarded the bid shall send all bus drivers providing transportation to Lexington Public School students to the Lexington Public Schools Transportation Office to complete CORLSORI form one month prior to the beginning of the school year, Any vendor employee Nvho is not CORI checked one month before the beginning of the school year will not be allowed to drive any LEXINGTON PUBLIC SCHOOLS students to and from school or any sporting and activity events run by LEXINGTON PUBLIC SCHOOLS, Accompanying this bid shall be a copy of a Lexington Public Schools COIN Request Form (Appendix K Page 69 & 70). The School Committee reserves the right to disapprove any driver for reasonable cause. 7. Vendor Em loves Fin erprin in m The State of Massachusetts requires every staff person and vendor who will be working with students to have a background check and fingerprint-based criminal background check before working %vith students. Under the new law, all public and private schools in Massachusetts are required to obtain a background check and state and national fingerprint-based criminal background checks for the purpose of determining the Suitability of prospective employers of the bus company that inay have direct and unmonitored contact with children. Fingerprinting results must be submitted from the fingerprinting office to the Lexington Public Schools I luman Resources Department at 146 Maple Street, -21 - LI'S. &,,.hool Bus'I ransportatior,Scr°ices irB Did 16-7 12 22 2016 1 exington, [VIA 02420. Contact person ill tile I Itinvin R0,ourc4,,,,; Department is Mary lodoono at nimodoollok,s—c -211-HIM.us or by phone at "781-861-2580 \68046, 8. All newly hired drivers must comply with the above before starting a new route. If at any time the Contractor deems it necessary to assign a new driver for any bus,the Lexington Public Schools' Transportation Coordinator must be notified as soon as possible with an indication that the new driver meets all of the qualifications stated above. 9. 'I'lle successful bidder-bidders shall furnish to the Lexington Public Schools a Bus Driver Information Sheet (Appendix I on Page 67) detailing each driver's name, home address, telephone number, bus number, assigned route, along with their accident record for the past three (3) }ears, no later than August 13 th each year of the contract. Said roster of bus drivers shall have the final approval of the School Committee and/or the Superintendent. Failure to submit will result in payment being t%ithhcId until received. 10< Each bus company shall provide Lexington Public Schools with drivers and buses for State-required emergency bus evacuation drills,yearly. It. Drivers employed by the successful bidder are to be thoroughly taught their respective routes in order to insure a smooth operation,especially on the opening day of school, 12. Same driver will be assigned to both morning and aftemoon routes, 13. Regularly used buses and drivers cannot be used for field trips unless they return no later than 1:30 p.m. 14 The Assistant Superintendent for Finance and Operations will have complete authority in matters pertaining to school transportation under the purview of this contract. 15. Violations by a driver of state school bus transportation regulations, rules and regulations of the School Committee, and/or the General Laws of Massachusetts will subject said driver to dismissal by the Lexington School Committee upon recommendation of its' Superintendent. A driver's continued employment by the company or contractor,however,remains at said company's or contractor's discretion. I& Substitute Drivers shall be pre-qualified, subject to CORI and SORI requirement, for the routes driven, to the maximum extent possible, at no extra cost to the School Department. This means that the Contractor shall operate with an available reserve of"qualified"substitute drivers< Such qualification shall be in effect as for regular drivers including being familiar with the route(s) to be driven and knowing the roads and their conditions over the course of the route (s) to be driven. Substitute drivers shall be familiar with CURRENT bus routes, school locations and starting times and the Town road system. Drivers may not change routes without the authorization of the contractor, who is directed by the Superintendent or designee, 17. Contractor may pay the district for any transportation fees for any of their driver's children needing to ride the bus if the Contractor so chooses to provide this employee as an employee beneft The district will invoice the Contractor for these seats. 18. Bus radios and company or personal cell phones shall be turned to vibrate while students are on board. 19. MEDICAL CIVIL RiGHTS Medical concerns on routes - Bidders need to be a%%are that regulations may be forthcoming that will require drivers to administer medical attention to students. The District trill work %%ith the successful bidder in implementing these regulations in a manner that is mutually agreeable. If driver training is required and Lexington Public Schools has certified staff available, training twill be provided at no cost to the driver or -22- j,pS Schicilcil Bus Vransportation�semicies IrB Bid '"'1647 1222 2016 conti'acr.ox, Each bus company i�u reqaired to provide in service training(Chapter 766,Section 504) for all drivers, Record5 of all training must be submitted to the Assistant Superintendent of Finance and Operations'office,yearly on or before October 30. • EPI-Pen Training • Lire Threatening Allergies The above training can be provided by Lexington Public Schools but must be completed prior to the start of each school year. The Contractor w i I I w ork with the Transportati on Coordinator if Contractor would like to schedule training in any of above in-service trainingsa the opportunity f I E FIRE I The Lexington Public Schools will offer to our contracted bus drivers h oppo u. or L F- T ATEN NG ALL training annually,and will encourage their participation. It is assumed that should medical training be required, it will be incorporated as part of the Safety Training requirement hours budgeted by the contractor. 20a ACCIDENT REPORTING The contractor shall agree to make detailed written reports to the Business Office, 146 Maple Street, Lexington, MA, within twenty-four (24) hours of any accident involving a school bus Nvljile operating for the school department. The company shall notify the Office of the Assistant Superintendent for Finance and Operations immediately by phone of any accident. This shall include youngsters who are hurt on or by a school bus, regardless of the cause. 21. INDIVIDVALDRIVEWSR ESP ONSI�B'L'T'F'S E,encral Responsibilities a. Drivers shall not be permitted to carry any person while carrying pupils unless authorized by the Assistant Superintendent for Finance and Operations, excluding field trips. This includes children and other relatives including grandchildren who attend Lexington Public Schools and are not registered for the bus. Drivers are not given fee discounts unless they apply for Financial Assistance through the Business Office. Contractor may pay the district for any transportation fees for any of their driver's children needing to ride the bus if the Contractor so chooses to provide this employee as an employee benefit. b. Drivers will dress in a professional manner. Drivers shall present themselves to our schools and to Our community in a manner that is appropriate while working with school children. These standards are based upon the need to provide and promote a safe, clean, positive image of the student transportation program. c. Under normal circumstances, all drivers should wear long pants. Short pants, if worn, will meet the fingertip length standard. d. Inappropriate attire is defined as, but riot limited to: halter tops; midriff tops; miniskirts which do not meet the fingertip length standard;T-shirts with offensive Slogans; Pictures Which advertise products or display messages that are inappropriate for the school setting (i.e. clothing with logos for alcoholic beverages or tobacco products); beach Costumes; see-thrOU1211 or mesh clothing; ragged, tom or dirty clothing;and shower shoes(clip flops). -23 - I pS School Bus Transportation Sen,ices 1113 Bid?4 16-7 12 22 2016 Appropriate foot ware: Soled 511oc!j %%hich provide full foot co%erage. Sandal shoes which provide full foot coverage. f, The Drivers shall check student passes and riding tickets of all riders on a daily basis for all routes and report to the Transportation Coordinator all infractions, The Transportation Coordinator will notify student, parent/guardian, Principal, who do not possess an appropriate pass or ticket of the infraction. This does not preclude an operator's decision to grant exceptions if regular riders forget passes, however, students shall be reported to the Transportation Coordinator by the driver. Failure to do so may result in the district requesting removal of the driver for non-compliance with this contract. g. Drivers will,at all times,be courteous and exemplary in speech,and actions at all times, h. There will be no smoking on the vehicles at any time. i. Drivers %%ill not leave a bus unattended When children are in a bus. In an emergency, the driver's first concern must be for the safety of the children. j. Each driver must be drug tested in compliance with U.S. Department of Transportation, Federal Highway Administration, Motor Carrier Safety Regulations, 49 CFI 391-81 el seg. N.B. Subpart H "Controlled Substance Testing". For the purposes of this contract, no driver is exempt from the testing. k-. Each driver shall place the safety of school children above any other consideration at all times and shall under no circumstances leave the vehicle unattended atany time%vilile it is occupied. 1. It shall be the responsibility or each driver to assure that the safety of a student is not jeopardized during boarding and disembarking, The vehicle shall remain stationary with flashing lights in operation until the students have crossed the street in the direction of their homes. rn. Whenever possible buses Will not be left idling, Lexington Bylaws prohibiting unnecessary idling over 5 minutes. n. Buses shall not exceed a speed of 15 miles per hour on school grounds. The School Committee reserves the right of prohibiting a driver from driving on school grounds for violation of this provision. o. Buses must not be allowed to pass other buses that are in the process of loading and unloading students on school grounds or at any other time. p. Drivers and/or Contractors shall provide conduct reports on any student or parent causing disruption on the bus or relating to the bus to the Transportation Coordinator"ithin 24 hours of an incident. cl. Due to severe allergies of many students, offering food (including any type of candy or gum) or beverage by the bus driver to students at any tirne is strictly prohibited. r. Maintain and reinforce policy of no eating and or drinking at any time on school basses. s. School bus drivers %%ill familiarize themselves"ith the list provided of all students on hister bus with life threatening allergies. L. Drivers %%ill contact their dispatcher immediately either by,cell phone or other mean of communication -24 - Vi j'j,lS J'n iaspcn Ll 6 oil SM WCS It B Bid it 16.7 12 22 2016 in all icases of ule(ficfl ARTICLE V-EQUIPMENT- . .............. ................ ........... ..............................- .........................�, 1. It is the policy orthe'rowilof Lexington to limit to Fifty five(55)the number of students on each senior high bus, fifty-nine(59)1 at the middle school level and to seventy-one(7 1)at the elementary level and to have no standees at any level, 2. The School Committee estimates that a minimum of thirty five(35)full size school buses seating capacity 71 passengers)will be needed on a daily basis for the transportation orl,exington students to and from school, In addition,two(2)71 passenger buses must be available as spare buses. The buses%vill provide the regular transportation to and from school. 3. During the hours of operation,two(2)spare buses and drivers,Nvill be located at the garage in order to provide a timely response ifneeded. All spare buses%011 meet all requirements as prescribed in these specifications for regular route vehicles, Any school bus used to replace a breakdown must be able to reach the point of breakdown within twenty (20)minutes of notifications Failure to comply within this timeframe may result in a penalty per them rate per incident. 4. All buses must be available when there is a time change in the dismissal of schools within the Town. 5. The number of vehicles may be changed at any time by the Lexington Public Schools. The hours may change. The four hours are determined from the time of first student pick-tip to drop-off at school on incoming trips, and from time of departure from school to time of last student drop-off on homeward trips but not including Athletic or other extracurricular activities. 6. If at any time during the to of the contract additional buses or fewer buses are required,the contractor will provide or delete buses at the rate equal to the amount of his original awarded bid price, The School Committee reserves the right to increase or decrease the number of buses upon written notice 10 the successful bidder(s)and to alter or modify any transportation schedule as its discretion. If the contractor does not comply within two(2)days after receipt of written notification, he may be penalized at the per them rate until compliant, Spare buses may,be utilized during the first thirty(30)days after written notification. 7. All vehicles shall be owned and/or leased and operated by the successful bidder-bidders. The name or the owner-"operator may be clearly displayed on the outside of the vehicle. The Distdct does not require its name to be on the side ofthe buses, The operator information must be visible to all drivers. 8. Each bus shall display prominently the route number,as assigned by the Lexington Public Schools,printed in black,at least six inches high,located on the front,rear,and both sides of the vehicle. 9. All buses shall be constructed, equipped and maintained in conformance with all applicable laws, regulations, standards and rules of the Federal Government and the Registry of Motor Vehicles. The attention of all concerned is particularly directed to the following sections of Chapter 90 of the General Laws of the Commonwealth of Massachusetts. (1) Section 1: Definitions (2) Section IA: School Bus Registration (3) Section 7A: Inspection of School Buses (4) Section 7B: Requirements as to Equipment and Operation of School Buses construction, (5) Section 7C: Registrar may estabi ish standards for etc.of School Buses -25 - 1,11"S School Bus Transportation SerN ices I I B Bid a,"16-7 1222 2016 (6) Section 14: Precautions ibr Salbt,- (7) Section 171. Speed limit in operation of&hool Buses 10. A4A94_EaEbMSR!: a. Stop arms(22" octagonal)shal I be provided on all buses used under the contract. b. Front Swing Arms shall be installed on all vehicles. (Similar toTranspec Safety Cross,Model 4000) c. All buses shall have a minimum of 28" high seat backs. d. The minimum number cif mirror„,required on the buses shall be in accordance with Chapter-748 ofthe Acts of 1986. c. All bases shall be factory equipped with retractable seat belts as per applicable Federal and State standards including Chapter 364,Part A,Acts of 1986 or as promulgated by Federal or State authorities in the future. f. Lekin1 ton Emission Standards Goals: _ It is the goal of the District to have all vehicles meet federally mandated(2007)emission standards for heavy-duty highway diesel engines and vehicles. The Bidder is allowed to also use one of the following at no additional cost to the district- The use of add-on emissions controls with low sulfur fuel. The use of an alternative fuel. The use of add-on emission controls. 11. Each vehicle used in the contract shall not have more than 100,000 miles on its odometer at any time during the life of the contract. 12. There shall be no buses used in the performance of this contract over seven(7)years old. Vehicle ages for compliance with this provision are calculated at the beginning of each school year by taking the current calendar and subtracting the model year. i1 Buses furnished must comply with the General Laws of the Commonwealth of Massachusetts and the rules and regulations of the Registry of Motor Vehicles relating to the transportation of public school children. 14. The Contractor shall see that all buses are kept at all times in a condition orcleanliness,interior and exterior, satisfactory to the Assistant Superintendent for Finance and Operations or designee. 15. The Contractor agrees to keep all buses in good working condition,and to furnish all necessary fuel,oil,grease,tires, maintenance and repairs through the period of this contract. 16. The School Committee reserves the right to reject any vehicle deemed unacceptable. 17, The contractor shall allow School Department representatives proper access to garage and buses for the purpose of criticism and inspection and shall provide facilities for such inspection. No buses which have been disapproved by the School Department shall be used in the work. The Contractor shall replace such buses which in the sole opinion of the School Department are unsuitable or not in conformity with the contract or specifications, The opinion of the School Department shall be final in this matter, 18. Bidder must submit with bid data and updated documentation identifying and detailing composition Of bus fleet 10 be used by August 150'of each contract year on the form provided(See Appendix J ,- Bus rivet Information Sheet -Page 68). This list will state the make, model,year of manufacture, mileage and seating capacity of all vehicles to be used for Lexington's student transportation. Any additions or deletions to this list Must be approved by the Assistant Superintend for Finance and Business or designee. -76 - LI'S School Bar I ra nsportal i10 III Siorv,ices Il"B Bid 16-7 1? 22 2016 19. All school buses shall be equipped%%ith%%orking cellular telephonc,;S or wo-%%ay radios pro'wk-:Hug cOmm"nication at all times-Mth a dispatcher. A list of cellular telephone numbers by bus number must be provided to Lexington Public Schools,office of the Assistant Superintendent for Finance and Operations "ith the bid and by August of each contract year on the form provided. 20. The Contractor will agree to allow installation of li%e GIIS services on all vehicles for mutually agreed upon use to track performance under this contract, if they do not already exist(please indicate on Appendix J - Page 68). The pricing and funding will be determined jointly with time school department and be separate from the per them bus cost. 21. The successful bidder' idlers agrees that all buses will be equipped with functional heaters and providedMth proper ventilation,kept at all times thoroughly clean,that all laws of time Commonwealth of Massachusetts relating to bonds,insurance, inspection by the Department of Public Utilities and the Registry of Motor Vehicles and that all requirements of Chapter 90 and,or Chapter 159A and the laws of tile Commonwealth of Massachusetts concerning the safe transportation of children shall be rigidly adhered to. The successful bidder bidders agree,"s to furnish the School Committee with all reports of inspection made by the Department of Public Utilities and the Registry of Motor Vehicles as the School committee shall order and'or maccordance with statutory requirements. 22. Each bus will be equipped with a mounted video monitoring system which will house at least three video camera& Each bus company is required to have video camera for every bus under contract. Warning signs must be posted on all basses. 21 in all cases,tolls,parking fees and bus expenses will be paid by the successful bidder bidders" 24. A proposed garaging location must be submitted with this bid. If the buses are garaged other than within the Town of Lexington,the contractor must annually make a payment to the Town of an amount equivalent to the excise taxes(approximately S 15,000.00)which would have been payable to the Town of Lexington had the buses been garaged within the said Town. Proof of garaging location must be submitted by August I St. 25. Bidders must remember that Page 27 includes alternate equipment. ARTICLE V1-ADD ALTERNATES I Alternate or transportation services e a Vehicles provide vatic us forms and formulae f e 'e r V It rers1commitments to Vehicles s—O d ng bind ing of i h ay a not be implemented by the Town(i.e. successful Prov t m es to c as alternates a e Contract which In or m y e d at its sole choice and discretion, upon such I rjCo I tractor the a e required d p 0 at the offered price), Bidde n b r qu re to err rm m y 5 such h notice a c n cc is not less than twelve(12)hours), notice as the I own deems appropriate so long 2. Tier pricing is needed in conjunction with the Base Contract as follows on Appendix C- Base Contract Price Sheer on Page 39: Additional Routing Tiers: a. Three Tier per day b. Two Tier per day c. One Tier per day d. . Mid-DayTier per day Shuttle: Point A to Point B (I stop- round trip) - 21 - -—--------------------------....... 1,PS School Bus I ransportation Ss ry icies M B Bid ;,16-"1" 12'22 2016 3. tion The contractor ma.) submit an annual Cost proposal for Athletic Event and or Held"Trip transport,ttion in conjunction with time Basic Contract based on Appendix D on Pages 55, Bidders are not required to bid on the Basic Contract to be awarded this portion of the irB. All invoices for Field Trips and Athletic Events shall be separate and must iriclude: Purchase Order Number and Originator; Date of Service; Number of Buses; Starting Point, destination and LPS contact person and telephone, total mileage,rates and cost,total waiting time,rate and cost;driver's name and number; and total bill. 4. a. Stott AEMjgRMM: Lexington Public Schools Ina) require the installation of Stop Arm Camera's with video feed going to the Transportation Coordinator without restriction. The Contractor Bus Driver shall report all violations to the district and the RMV as required by contract and public law. Contractors must designate that they agree to allow for this equipment to be installed on their equipment. The pricing and funding of equipment will be determined jointly with the School Department and be separate from the per them bus cost. Contractors may install described equipment without permission of the school district,however,use of data and information shall be shared with the district upon request. b. gfa_A1ftRq2ft: Lexington Public Schools may require the installation of LIPS based monitoring equipment used to monitor but not be limited to the following: Bus travel on district authorized routes, smart card access through bus door,and timing of routes. Contractors must designate that they agree to allow for this equipment to be installed on their vehicles, The pricing and funding of equipment will be determined jointly with the School Department and be separate from the per them bus cost. The Contractor will agree to install GPS services on all vehicles for mutually agreed upon use to track perfon-nance under this contract, if they do not already exist(please indicate on Appendix J -Page 68). Contractors may install described equipment without pen-nission of the school district,however,use of data and information shall be shared with the district upon request. c. Flexible lab shoulder seat belts would be required if state mandated. ARTICLE VII®CONTRACTOR'S RESPONSIBILITIES 1, GENERAL RESPONSIBILITIES and each a. The Contractor shall provide written reports of bus counts showing the number of riders on each bus trip and these are to be made on two consecutive days of the first week of each month,or more often as required by the Superintendent or designee. These reports are to be compiled by the Contractor and turned into the above office during the second week of the month,or within two days of request. b. An emergency telephone number is to be provided for reaching the contractor in the event of inclement weather or other reasons for closing schools. The Superintendent or his authorized agent shall notify the contractor no later than 6:00 a.m.on the day in question. In the absence of such notifications,school shall be considered open and the contractor paid for a day's use of his vehicles, c. The successful bidder(s)will maintain fax machine in their offices and will maintain email accounts that the School Department staff May use for communication. Email to and from school department employees regarding aspects of any part of this contract is deemed public infort-nation and subject to the Public Records Laws. The Contractor should familiarize itself with Massachusetts Public Records La" as it relates to email. cl. The Successful bidder'bidders agree to maintain an accurate master clock in the base of operations and`rill ensure -28 - School Bus Uransportation ScR ices I FB Bid 16-7 12 22 2016 that each driver wil I lt�ivc,�md %Q I USCa dependable flimopiece that is tio be set at regular intervals. a.2, DISPATCHER The successful bidder(s) agrees to fumish an operafion^t managerdispatcher, to be readily available to work %%ith School Department personnel on all school bus transportation matters, This person shall be assigned to coordinate transportation arrangements under the Lexington School Department contract, and to carry out the instructions submitted by the School Department Designee. This contact person shall be reachable at all times, during School Department normal hours of"operation (between the hours of 7:30 a.m. through 4:30 p.m.); assist in annual school bus routing, routing changes, and special transportation arrangements due to unforeseen circumstances. The successful bidder(s)shall work with representatives of the Lexington School Department whenever and as often as they are to do so, assisting in matters pertaining to school bus transportation in which contract vehicles and,'or personnel are involved. b, The successful bidder/bidders or designee will be required to work with representatives of the Lexington School Department during the summer to set up routes and stops. c. The Assistant Superintendent for Finance and Operations reserves the right to require a replacement Operations Manager/Dispatcher in Elie event of poor performance, Poor performance may include but not limited to inadequate customer relations skills or lack of management skills, d. Contractor may not change/remove dispatcher without agreement from the Assistant Superintendent for Finance and Operations. Contractor must notify Assistant Superintendent for Finance and Operations of all staffing changes that support the execution of this contract. 3. CONTRACTOR T The Contractor shall be a company with a minimum of five(5)years' experience providing school bus transportation. b. The Contractor shall not have defaulted on any contract within three(3)years prior to the bid date. c, The Contractor shall maintain a permanent place of business. d. The Contractor shall have adequate personnel and equipment to fulfill the requirements of this contract. e, The Contractor shall have Suitable financial status to meet obligations incident to the work. f. The Contractor shall be registered with the Secretary of State of the Commonwealth of Massachusetts to do business in MassachUSettS. g. The Contractor shall not have failed to perform satisfactorily on contracts of similar nature. h. The Contractor shall not have failed to complete previous contracts on time. 1. The Bidder will provide a summary outlining experience and financial ability to perform contract. J. The Contractor shall submit with the bid the following minimum information to assist the Lexington Public Schools with evaluation of bids: Appendix R Corporate�'Parmershlp Form with Name, title, residence of parties Interested in the proposed contract. If a corporation, `where incorporated. (Appendix R - Page 77) -29 - LVS S(fll(3011 13LIS Transporta0on Sur%ice:!: 11:B Bid "'16 7 12 22,2016 Number of%ears engaged in the budness of School BUS, Transportat i oil k-. Lexington Public Schools requires the submission of a list of references for which the Contractor conducts or has provided school bus transportation services for other public or private schools within the past five years. (Appendix M Page 72) 1. Lexington Public Schools reserves the right to reject any bid if the foregping requirements are not satisfied or if any other evidence fails to satisfy the owner that such bidder is properly qualified to carry out the obligations or the Contract and to provide the services herein. Conditional or qualified bids will not be accepted. ARTICLE 'III®QUALI EQUIRE,NIENTS 1. INSURA_NCE a. The Contractor shall provide and maintain throughout the term of the Contract and any extension or renewal thereof the following insurance with companies that are authorized and licensed in the Commonwealth of Massachusetts to issue policies for the coverts b. ges and limits so required. c. Workers' Compensation Insurance as required by the laws of the Commonwealth of Massachusetts and employer's liability in the amount of$500,000'$500,000,$500,000. d. Commercial General Liability Insurance, S 1,000,000 each occurrence and$2,000,000 aggregate limit. Commercial General Liability insurance shall include personal injury liability, broad form property damage, liability. e. Automobile Liability Insurance - combined single limit of$1,000,000. f. Excess Liability Insurance-$5,000,000 each occurrence and$5,000,000 aggregate,which shall be following form, providing coverage over automobile liability insurance. g. Additional Insureds -Each policy of liability insurance other than Employer's Liability Linder Workers' Compensation shall name the,town of Lexington and its officers, employees, boards,commissions and committees as additional insureds. h. Cancellation or Amendment -Each policy of insurance,and the certificate or other evidence thereof,required to be purchased and maintained by the Contractor shall contain a provision or endorsement that the coverage afforded will not be cancelled or materially amended and no renewal will be refused until at least thirty(30) days' prior written notice has been given to the Lexington School Committee. i. Five(5)copies of certificates evidencing such insurance shall be furnished to the Town prior to execution of this Contract. Within 15 business days after notice of acceptance of bid is given or mailed by file School Committee to the successful bidder,the Contractor shall deposit Nvith the Assistant Superintendent certificates from the insurer to the effect that the insurance policies required herein have been issued to the Contractor, The certificates Must be on a form satisfactory to the Assistant Superintendent. j. Failure to Provide and Maintain Insurance--Failure to promptly provide and continue in force such insurance shall constitute a material breach of the Contract and shall be grounds for immediate termination thereof by and in the sole discretion of the Lexington School Committee. , 30- I,PS School Bus f'ransportation Serb ices K13 Bid �s�16-7 12 22'2016 k. I lie Contractor must file with the Assistant Superintendent office a Certificate of Insurance, Wlich shok�s compliance%Nitli tiie,,,,,e pccifications annually on or berbre AtAgWA I of each)car,during the life ofthis contract. I. The Contractor shall indemnify and save harmlessi the Town, and all of its officers, agents,and employces from all suits,actions or claims of any character. 2. AUTHORITY FOR ADJUSTMENTS a. Unless an emergency exists, the Superintendent or his representative may cancel a scheduled trip by notifying the Contractor orally or in writing behveen 6a and 7:00 a,m. for early morning trips and 2(two) hours prior for later day trips on the day on which the particular trip was to originate at tile Contractor's place of garaging. b, The Superintendent or his representative reserves the rights to modify, revise, swap or dissolve the bus routes and!or individual bus trips described herein at any time during the life of the contract. Further, the School Committee reserves the right to make revisions in the number of bus routes, or the number of vehicles required to service the bus routes,or both,at any time during the life of the contract. c, The Contractor shall furnish, at the prices specified, such additional buses as may be ordered in writing by the Assistant Superintendent. d. used on the total cost of the bid, the District may negotiate mutually agreeable payment modifications to meet appropriation levels prior to the start of this contract. 3. RENIE DIES OF SCHOOL COMMITTEE a. If the Contractor fails to perform services or perform services in a manner which is not pursuant to the terms and conditions of this contract, the School Committee may make any reasonable purchase or contract to purchase services in substitution from service due from the Contractor, and may deduct the cost of any substitute contract, or the damages sustained by the School Committee due to non-performance or non" conformance of services,together with incidental and consequential damages from the contract price,and shall withhold such damages from sums due or to become due. b. If damages sustained by the School Committee as determined by the Superintendent exceed Sums due or become due,the Contractor shall pay the difference to the School Committee upon demand. c, The Contractor shall not be liable for any damages sustained by the School Committee due to the Contractor's failure to perform services under the terms of this contract, if such failure is in fact caused by the occurrence of a contingency the non-occurrence of %6ich was a basic assumption under which this contract was made, including but not necessarily limited to, a state of war, act of enemies, embargoes, appropriation or confiscation of facilities used by the Contractor, and labor strike, or by compliance with any federal, state, or municipal government regulation or order, provided that the Contractor has notified the Superintendent in writing of such cause within three days of its occurrence. & The Contractor agrees that if it is determined at any time by the Superintendent that the Contractor has substantially violated any of the provisions of this contract, the Superintendent shall, after having given the Contractor a hearing, terminate this contract any time, Determination may be based on default in performance, nonconformity of performance, deficiency excused by failure or pre-supposed conditions, breach of the to and conditions of this contract, failure in any respect to perform the service with promptness and diligence, bankruptcy, receivership or a general assignment for the benefits of the Contractor's creditors impairs the value of service under this contract. 31 LPS SJiool Bus I ransportation Ser%ices 11 B Bid ;�16-7 12 22 2016 c. I lie Cominittee reserves t1iie right to arnend this contract or an� p�,'m th,ercof, front time to time, upon gi%ing rive days notice 1,(..i the Contra(.:;tor(in writing)except that there%%fl,[ be no amendment decreasing compensation to the Contractor without his consent(except in bus reduction). f. Each instance that a bus transporting children to school arrives at school after the scheduled time noted in the School Information and Scheduling Section on Pages 17 shall be considered a late arrival. Written notilication of a late arrival will be available at the Transportation Office for pickup daily by the Contractor. A bus will not be charged with a late arrival if the Lexington Public Schools determines, upon receipt of a written report from the Contractor, that the lateness is due to problems beyond the Contractor's control. If the Contractor fails to reply in writing to the notice by the next school day,the Contractor shall automatically be charged with the late arrival. A bus shall not be charged with more than one(1)late arrival per shift. If a bus has more than two(2) late arrivals during a period of rive (5) consecrative school days, or more than four (4) late arrivals during a period of twenty (20) consecutive school days, the LPS Transportation Of reserves the right to deduct from the payments due the Contractor one-half the charge for the total daily service provided by that bus for each late arrival in excess or two (2) in the course of five(5)consecutive days, or for each late arrival in excess of four(4) in the course of twenty (20) consecutive school days. If a bus has more than five (5) late arrivals in a period of twenty (20) consecutive school days, the LPS Transportation Office reserves the right to deduct from payments due the Contractor the full charge for the total daily service provided by that bus for each late arrival in excess of five (5) in the course of twenty(20) consecutive school days and require the Contractor to submit a remedial plan. Buses must begin their morning and afternoon routes on time in order to meet schedules noted in School Information and Scheduling Section on Pages 17. In the event that buses are not at the designated routes on time, liquidated damages in the amount of triple (3) the cost of the route will be assessed against the vendor. The Superintendent of Schools has the final authority in determining when the assessment should be levied. The Contractor agrees to maintain an accurate master clock in the base of operations and will insure that each driver will have and will use a dependable timepiece that is to be set at regular intervals. 4. LAWS AND PUBLIC POLICY a. This Contract is made subject to all laws of the Commonwealth of Mas,,5achusetts. Any clause, which does not conform 10 Such laws,shall be void,and such laws shall be operative in lictl of such clause. b. The Contractor shall keep itself fully informed of and aggress to comply with pertinent federal, state, and municipal laws, ordinances, rules and regulations in any manner affecting the services embraced in this contract. c. The Contractor shall procure all applicable permits, licenses, and approval necessary for the performance of services under this contract at contract expense. 5. GENERAL INFORMATION a. The School Department does not guarantee continuation of any or all routes or schedules, or those new students will not be added to the routes, schedules, etc. b. The Bidder is responsible for determining the accuracy of any estimate or information provided by Lexington Public Schools in which it uses to formulate its bid for transportation services and acknowledges that it has had the opportunity to investigate the same. c. In submitting a bid, the Bidder ackno%0edges that such irformati�',,m and estimates do not constitute a 32 - L I'S School Bus I ransportation Services II;B Bid P 16-7 12 22 2016 representation, guarantee or warrant,� of' accurac.:'y and failure tag SCOUre and imesfigate the accuracy Or Such estimates and information relied upon by an), Bidder shall in nin %%a) relie%e any Bidder from an) obligation in respect to their bid, Furthermore, the iiidder thereby releases Lcxin�l?,�on Public Schools of any and all claims, demands, suits, and causes of action, arbitration or disputes %Nhatsoever arising Out of or relating to such estimates and,,/or information. d. Bidders shall give as unit price (cost of bus per day) for transportation �,crviccs as detailed herein and in the Specifications for the entire time of performance Linder the contract. *Please note that the unit price given for the transportation services detailed herein and in the specifications shall remain the same throughout the contract.* e. A performance bond in the SLIM of one third(1-3)of the total annual contract price will be required of the Successful bidder/bidders within ten(10) days or awarding the contract. This performance bond will be used as and constitute liquidated damages in the event the bidder cannot furnish the services specified or does not comply with the conditions specified and will enable the School Committee to provide services while securing another contractor. The assessment or non-assessment of daily penalties for failure to perform as set forth in the contract,shall not in any way limit the School Committee's ability to use the performance bond as stated above. E The Bidder,shall demonstrate that it has successfully provided school bus transportation over three(3)of the last five (5)years for municipalities or other educational institutions. Experience may include prior experience as an owner or principal operator of a company other than the bidder. & Liability for the contractor's personnel while in the performance of duty under this contract shall be the responsibility of the contractor. The School Committee shall not be held liable for any personnel in the employ of the contractor. It. In the event of a strike or any other reason causing the interruption of services or operations, the School Committee has the right after notification in writing to secure such other transportation as may be necessary and charge the cost of same to the account of the contractor. If other transportation is not secured, deduction will be made from the monthly payment to the contractor for each day of service not rendered. These deductions will be based upon a per them rate for the affected buses. i. If at any time, the contractor does not provide the required number of buses or drivers for any part of the transportation system, the School Committee may deduct the per them rate per incident for each bus or driver not provided in accordance with the contract as liquidated damages. j, The minimum wage rate to be paid to operators of motor buses employed under the provisions of Chapter 71,Section 7A as amended is as determined by the Department of Labor and Industries. (Appendix I Prevailing Wages Page 56) k, In the event a public transportation service operates within the Town of Lexington, this contract in no %Nay will Preclude the rise of those services by Lexington Public Schools students, even if the use of these public services reduces the estimated level of services required by the bidder/bidders in these specifications. Nothing in this bid precludes the Town of Lexington from using its own vehicles,a collaborative vehicle,or vehicles under its control for transportation purposes. I. The contractor agrees to assign a person who will be available to the Transportation Coordinator for the purpose of conferences and consultations regarding driver or student conduct,school schedules, route schedules, route changes, -33 - School Bus I ransportation Service!,, 11 B Bid + 16-7 12 22 2016 etc. These consuhatior6 shall b-scheduled diaring normal %%orldng hours oll"the contractor. m. The School Committee will receive invoice,,,..,,on a monthly basis and%%ill process payrncnt for services rendered in accordance witli the contract as expeditiously as poAble. I lnder no circumstances`will payment be made prior to services having been rendered.NO CHARGE may be made for transportation service on NO SCHOOL DAYS or on stormy days when word is received from the Lexington Public Schools prior to 6:00 a.m. The School Department will not pay late fees or interest fees. n. This contract is made subject to all laws of the Commonwealth of Massachusetts, Any clause `which does not conform to such lawns shall be void, and such laws shall be operative in lieu Of Such Clause. However, if any clause shall become void,as aforesaid, that event shall not change the legal effect of any other clause of this contract. The contractor shall keep itself fully informed of and agrees to comply with pertinent Federal, State and Municipal laws, ordinances,rules and regulations in any manner affecting the services embraced in this contract, o. The contractor shall procure all applicable permits, licenses, and approval necessary for the performance of services under this contract at contractor's expense, p. All the requirements and specifications for bidders Must be complied with, unless specifically waived by the School Committee. These specifications and requirements shall be attached to, and made a part of any contract av%arded. Should a contractor fail to abide by these requirements and specifications and addendums, Lexington Public Schools reserves the right to cancel the contract after serving thirty(30)days written notification. TERM The term of this contract will be a(5)five year term that will begin on July 1,2017 and end on June 30, 2022. ASSURANCES& DELIVERY Lexington Public Schools shall inspect the work and give directions pertaining to the work. The vendor or subcontractor shall notify Lexington Public Schools of the time of starting work, interruptions and delays. The Vendor shall keep the %vork tinder his personal control and shall not assign by power of attorney or otherwise,or sublet the work or any part thereof without notice and clearance by the Town. All materials, methods of delivery,and staff involved wNitli delivery must comply with all applicable laws,statutes, policies, and regulations. Ignorance of any law, regulation, policy, or statute is not an excuse for non-compliance with those laws, regulations, policies, or statutes,This includes but is not limited to prevailing wage,NIGL 3013,?vlGL 30 39m, and MGL 149. Warranties Warranties are encouraged, Del All materials must be available for delivery as needed within a reasonable timerranle suitable to the Department Head of a contract being awarded to the vendor. Deliveries or availability of materials being picked up must be made within 48 hours of notice of need after that point. All materials delivered or delivered "in place" must be accomplished with vehicles and equipment that are in good repair and equipped with all Federal and State required safety devices, lights,symbols,etc., visible to the traveling public from both front and rear of the vehicles and equipment, in order that accidents may be prevented. -34 - LAIS Sdv.:)0 Bus 1 11113 B i la 1(5-,, 12 22 20 16 ll[...,I',S ICII[JlR,.IlltlEN�'V Illus Rou'as ...........11-111,11,............... ............... ....... 35 - I I'S Buis f'ransportaticirli IServicies IF`13 Bid 4'16-7 1-2,22 210+6 TRIP SUNUMARY 11 27 2 0 11 10 01 ANI CLA 02 AM DIA 03 ANI BRI E-)"ITION mrATION LIIS LITS TRAFM"CIRCII E MAPLE ST,,i 123 BEDFORD S'Vd 161 LINCOLN,ST 14F 229 LILIJAN RD ra,16 ELDRED S-r&IVA.11,ST M%RRETT RD 7 5-10 l.JLLL%l9 RD&ANTIIO%il'RD t LIMED ST&JUSTINST MIDDLE ST-au 41 ALBEMARLE AVE&PLMSONAVE ELDRED sT&I IADI-E% RD MIDDLE ST id 64 CIRCLE RD&HILLCREST AVE. GROVE STegmil 171 SHADE ST&WESTON SiT HILLCREST AVE&ForTLER AVE GOULD RD&DEWEY RD SIIADL ST4 129 MELROSE AVE&ALHEMARLEAVE TURNING MILE,RD&PARTRIDGE RD(TOPji SIIADE.ST&JOUIZXEYS END LN RINDG F,AVE @%I DENI kR RD&TURNING MILL RD FAIRD kNKS RD&PIIINNEVRD BOW ST&SOU711 RINDGE AVE. 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I flIe pxaMwIuis oifdut Nil U L ; 11 W,�w,.11d42TD Appicatior rafikh ml�I!�i[abilin'llei'll q dic Div�k,on d Appiurnmaiv,hip Tm4vvw.yjpwwvaW W N1 G S. IL AN jqwjjpsit%nRges vauabiexi-movc;,111[idil ffil Dv ;6n:of kp�ffnlfic,Alip rIjWI.I:IR III wviIga%j G 11,c 'J , 9 11E.,11 UIL AN mcps arip,vis micadis( u„) Rnfias Am cqprwuu�nu IlUmmalb1c loluWwr A j,jjwVRRlIM!,11 to�a winquildn IN: h mcOula dIaleac mk sollho m:Allit spmfficll Iyj,wJifip.'irmtw,I lw-41 In Me irranmagul¢fidd 3,1 5"T APP qclI YNIL 11 1"1 3 5 3:5, C Q A I"I�:15,1`116,ev". ,.":19 , 1. Ps st.-hol(.-d IBus oces 11 I13 13ild 1116-7 12 1! 201 6 M0 1775 0 A Lexington Public Schools 'P 146 Maple Street Lexington, Massachusetts 02420 ............... ........ ............. ................ BID SUBMISSION CHECKLIST ................... ------ 1. Three copies of the bid must be submitted to the Business Office at LE INGTON PUBLIC SCHOOLS, 146 Maple Street, Lexington, MA 02420. 2. Bid must be signed as follows: a. if the bidder is an individual,by lihn.-her personally b. if the bidder is partnership, by the name of the partnership, followed by the signature of each general partner c. if the bidder is a corporation, by the authorized officer, whose signature Must be attested to by the Clerk/Secretary oft e corporation and the corporate seal affixed. 3. Bid must include the following forms or answers found starting on Page 37: a. Cover Sheet b. Representations And Certifications Of The Vendor c. Base Contract Price Sheet d. Athletic Eventl`Field Trip Transportation Price Sheet c. Round Trip Field Trip Transportation Price Sheet f. Alternates Pricing&Other Required Information Sheet g. Other Required Information Questions h. School Bus Driver Roster I. Bus Driver Information Sheet j® Bus Fleet Information Sheet k. References Sheet 1. Certificate of Non-Collusion m. Attestation Statement n. Certificate of Authority o. Corporate,Partnership Form 4- A copy of the Contractor's Accident Record from Contractor's insurance carrier from the previous three years. 51r A ®9 must be submitted with bid submission. See: 1. 50 - MO 177.E Lexington Public Schools AP Riff" 146 Maple Street o Lexington, Massachusetts 02420 Lexington Public Schools Student Bus Transportation Services IFB AMENDMENT ONE Amendment One is notifying all potential bidders for this RFP that there was a clerical error on Page 14 — Section 6A - Background. The number of students currently in Lexington Public Schools is 7060 not 77027 as listed in the bid. Lexington Publ * c Schools C xr G® 146 Maple Street $• Lexington, Massachusetts 02420 PUBLICLEXINGTON V AMENDMENT 1. Clarification and Revision of Article V 0 Eguipment—PggtjZ.Z. 4 n a di - ter a ire Information-#1 4. A proposed garaging location ust be submitted with this bid. If the buses are garaged other than within the Town of Lexington,the contractor must annually make a payment to the Town of an amount equivalent to the excise taxes(approximately S 15, .00) which would have been payable to the Town of Lexington had the buses been garaged within the said Town. Proof of garaging location must be submitted by August 1st. Lexington Public Schools has decided to remove this paragraph from the bid. In place of this paragraph,we are inserting the paragraph below: eContractor's bus storage yard must be located in Lexington or in a city or town contiguous,i.e.,i close proximity to Lexington. In addition,the Contractor must have access to sufficient garage/maintenance facilities and full time mechanics to ensure ely repairs so as not to disrupt transportation services. The successful bidder shall,within thirty(30)business days oft the contract award,provide Lexington Public Schools with the address(es)of the bus storage yard and garage along with proof of the le e(s). Lexington Public Schools reserves the right to reject the proposed site. Notwithstanding the foregoing, o tractor and Lexington Public Schools agree that in the event that a acceptable site for garaging and maintainingthe buses subject tot is Contract is identified within own limits that would reduce the Contractor's costs,they shall negotiate any reasonable reductions to the Contract rice.The parties agree to act in goodfaith and in a commercially reasonable manner to achieve an equitable o ificati ,and agree that it would be to the mutual benefit of both to have buses garaged in the Town rather than in some other municipality. A penalty of 00 per Calendar day will be assessed for each non-compliance beyond the 30 days of the contract award. 2. Revision of Article I -h-v—Transportation Route Information—Current ote x ectatio -- e 0 Delayed pe i gs and EmergencyReleases: In the event of delayed openings and emergency releases due to inclement weather,power outages,building conditions,etc.,the Dispatcher shall immediately contact drivers in order to implement revised transportation schedules in cooperation with the LPS Transportation. The standard bus per day rate shall apply for all delayed openings and emergencies. 3. Revision of A e i —Other Reguired lnforMiAatjijonn=-1PAggA Proof of garaging/parking of all school busses being used to perform this contract must be submitted within thirty (3 )business days of the contrac _ `v_ar___ ,_ to the Business Office, 146 Maple Street,Lexington, MA 02420. All vehicles used in the execution of this contract shall be"garaged"in Lexington,or,,in,a city or i close proxi itV to Lexington. !�' ' ' `""'"""" """'T"""'"""°'" A town cotigo .i.e., ....::..n_....�____ ______ __..__ .__=.=.T nalty of 200 per calendar day will be assessed for each non-compliance beyond May 1,2017. 's us w 0 OT Asa Lexington Public Schools 146 Maple Street ®® Lexington, Massachusetts 02420 ............................................................... ....................................................................................................................................--.................................................................................................................................................................... ........................................................................................................................................................... .......................................................... QUESTIONS/ANSWERS ONE LPS STUDENT BUS TRANSPORTATION SERVICES lFB Q 1. Page 7-Section 2D-How To Submit A Bid: Bidders may be required to submit the following information.... Of those 4 things, it later states that loss runs for 3 years is required at bid opening. What is correct? It states may be required for the others as well - What is the time frame of having to submit those other 3 pieces after the bid opening? Al. Clarification: The documents listed below may be needed to be submitted to Lexington Public Schools by the awarded vendor within (15) fifteen business days after being awarded the contract. Lexington Public Schools will notify awarded vendor if these documents will need to be submitted within 15 business days of the award in the award letter mailed out by Lexington Public Schools. Bidders may be required to further submit the following pertinent information: • Bidders may be required to submit pertinent information relating to Personnel and facilities,to establish the degree of ability to perform the transportation agreement. • Accident record for the previous three (3) years prepared by and submitted directly to this office by insurance carrier. (This will be required by lowest bidder within 15 business days after notice of bid acceptance.) • A balance sheet and a statement of profit and loss prepared and certified by the bidder's certificd public accountant reflecting financial status for each of the two (2) preceding fiscal years. • A bank credit letter or reference. LCorrection: On Page 50 under"Bid Submission Checklist", Lexington Public Schools is removing#4 in the"Bid Submission Checklist". #4 is no longer required to submit with proposal. Q2. P. -Section 3 C & D-Product and Performance Terms: Can you briefly explain C: "Or Equal" as well as D: "Warranty". I have never come across either one in my time here and want to be sure that I fully understand what they mean. A . Lexington Public Schools is deleting Section 3 C ("Or Equal") or 3D (Warranty). Q3. P. 9-Section 4A Award and Contract: What does the following on Page 9 mean: "A discount factor equal to the prime rate, as stated in the Wall Street Journal on the bid due date, will be used to determine the present value of each bid". A3. On the day, of the bid opening, Lexington Public Schools will use the prime rate published at the below linic to calculate the present value of the full five year agreement. http:l/onli a. si.cam/mcicloublicinaaelmdc bonds.htmi The following is an example of how the present value would be calculated by Lexington Public Schools in awarding this contract: Year 1: Bid Amount Yea r 2: Bid Am ount x (I+WSJ Prime Rate)"-1 if r 3: Bid Am a x(1+WSJ Prime Rate)A-2 Year 4: Bid Amount x (I+WSJ Prime ate)"® Year 5: Bid Amount x (I+WSJ Prime Rate)A-4 Q4. P.15- Does a bidder have to supply a Fuel Adjustment Clause? A4. No. Q5. P.24: It states: A proposed garaging location Must be submitted with this bid. If the buses are garaged other than within the Town of Lexington, the contractor must annually make a payment tote Town of an amount equivalent to the excise taxes (approximately$15,000.00) which would have been payable tothe Town of Lexington had the buses been garaged within the said Town. Proof of garaging location must be submitted by August Ist. A5. See Amendment Two®#1. Q6. P.25: It states: Any school bus used to replace a breakdown must be able to reach the point of breakdown within twenty(20) minutes of notification. Failure to comply within this time frame may result in a penalty per them rate per incident. "However, nowhere in the bid specs does it state that the buses need to be garaged within any certain number of miles OUTSIDE of town but then in Appendix H on page 67 it states- Proof of garaging/parking of all school buses being used to perform this contract must be submitted by May 1, 2017 tote Business Office, 146 Maple Street, Lexington, MA 02420. All vehicles used in the execution of this contract shall be "garaged"within one mile driving distance from Town limits. A penalty of$200 per calendar day will be assessed for each non-compliance beyond May 1, 2017. A6. See Amendment Two®#1. Lexington Public Schools '5(juu % ❖ Lexington, Massachusetts 02420 146 Mnple Street ......................................... ................. ........................................................... OUESTIONS/ANSWERS TWO LEXINGTON PUBLIC SCHOOLS' STUDENT BUS TRANSPORTATION SERVICES 1FB QI. Appendix 1[.1: Round Trip Athletic Transportation The specs read cost per bus based on 4 hours and hourly rate over 4 hours. There is no column estimating the number of sporting events listed which skews the total cost for Athletics on Appendix D where it asks forte base price of Athletics. Al. See attached. Q2. Page 15 and 26 specify bus age as 84 months (7 years) but on page 16 it states 72 months. Which is correct? A2. The correct number of months is 84 months. Page 16 —Section 6E--Vehicle—In this section, there was a clerical error and listed 72 months instead of 84 months. Q3. Page 33: It states the following: *Please note that the unit price given forte transportation services detailed herein and in the specifications shall remain the same throughout the contract. *Can you clarify this statement please? A3. Vendor will provide the total cost per bus per day of school in each year of the contract. Q4. Pages 77- Appendix P, 78 Appendix Q and 79 Appendix R are not on the Bid Submission Checklist. Are they required or not? A4. Yes. All for included in this bid need to be signed and submitted if applicable. Below is all requested for that need to be submitted: a. Cover Sheet b. Representations And Certifications Of The Vendor c. Base Contract Price Sheet d. Athletic Event/Field Trip Transportation Price Sheet e. Round Trip it Trip Transportation Price he f. Alternates Pricing& Other Required Information Sheet g. Other Required Information Questions h. School Bus Driver Roster i. Bus Driver Information Sheet j. Bus Fleet Information Sheet k. References Sheet 1. Certificate of Non- of sion/Atiestation Statement m. Certificate of Authority n. Disclosure of Lobbying Activities or o. Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion p. Corporate/Partnership Form Appendix E —Round Trip Athletic Transportation 11rice List #of Trips Cost per Bus based Hourly Rate per bus if Athletic Destination 2016-2017 on 4 hours of bus less than or more than 4 rental hours Acton-Boxbo2f!i2forral HS 8 PSI on rain hli h School Alrin ton catholic Hi h School 1 Amherst-Pelham Re Tonal HS 2 AMP Radio Station, Boston Andover Hi h School A022Lon Hi h School ... Atkinson Pool, Suqt2y Babson Coll:tgLe— Barnstable Hi School 3 Bear Hill CC,Wakefield 2 Bedford High School Belmont CC, Belmont Belmont High School 26 Bentley ®Ilea 3 BevtqL golf and"Tennis, Be�erl Beveriv High School Billerica CC, Billerica Bish_STho enwick HS, Blanchard Middle School,Westford 2 Blue Hills Ski Area, Canton 5 Boston Latin School BoRLo Brookline Hi h School 2 Brooks School, North Andover Brown.!Ujjnj!iyv!e�rs, (, Pr�ovidenc�eRl Burbank Arena, Rt2q!n .. 3 Burbank A® E2Rqt2_ 1 Burlington Ice Palace 3 Catholic Memorlal.I-li h School 4 awl Stadium, Lowell 2 Central Catholic Hi h School Charles River CouE! Ir�b Charlestown Rink, Boston 1 #of Trips Cost per Bus based Hourly Rate per bus if Athletic Destination 2016.2017 on 4 hours of bus less than or more than 4 rental -1 hours Chelmsford Forum, Chelmsford Chelmsford Eli School 1 Cheniery Middle School, Belmont 8 Clarke Middle School, Lexin ton 4 Concord Middle School 9 Concord-Carlisle Fii h School 4 Ccnne Rink Lvnn 10 Curtis Middle School 2 Danvers High School 2 Diamond Middle School, Lein tors 10 DujE22_Hih School 3 East Boston High School Ed Burns Arena,Arlin ton Endicott College(Ray Borque 3 Arena) Fitchbur State Coll- le 1 2 Fort Devens, Devens Ma Frarnin harp F1i School Francis Wyman School, Burliinntnn 1 Franklin hli School .� 4 Franklin Park Galvin Middle School, Wakefield Gardner Municipal Golf Course 2 Geor e Wright Golf Course, Boston 1 Goddard State Park, Rhode Island Great Brook State Park, Carlisle 2 Greater Lawrence Tech,Andover 2 Greater Lowell Technical High 2 School Groton School I Hanscom AFB Pool 0 Hanscom Middle School Harvard Universit 1 4 Hjc!Le Pla round, edford lain ham FI! School Flock! town, I jus 2 HoIlListon Eli h School of Trips Cost per Bus based Hourly Rate per bus if Athletic Destination 2016-2017 on 4 hours of bus less than or more than 4 rental hours Wrentham Developmental Center Xaverian High Scheel 2 LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 Name of Bidder: C&W Transportation APPENDIX A- COVER SHEET Must be submitted s the cover sheet to the completed LEXINGTON PUBLIC SCHOOLS SCHOOLU TRANSPORTATION SERVICES i to be valid Town of Lexington LEXINGTON LIC SCHOOLS Instructions to Bidders SCHOOL BUS TRANSPORTATION SERVICES y submitting this bid the undersigned represents to the Town/District that it has examined and understands the Invitation for Bid,contract forms,and all other documents in this bidding package. By submitting this bid, the undersigned agrees that it shall be subject to the jurisdiction of the courts of the Commonwealth of Massachusetts with respect to any actions arising out of or related to this bid or any contract that may be entered into based upon this bid, and that any such actions commenced by the undersigned shall be commenced in the courts of the Commonwealth of Massachusetts. A bidder wishing to amend this bid after transmittal to the Town may do so only by withdrawing this bid and resubmitting another bid prior to the time for opening bids. The undersigned proposes to furnish all labor and materials required for the work of the contract referred to above for the prices stated on the attached LEXINGTON PUBLIC SCHOOLS School Bus Transportation Services Bid,which prices are incorporated by reference into this bid form. This undersigned vendor also agrees that, if selected as contractor, it will within five(5)days, Saturdays, Sundays and legal holidays excluded, after receipt of a contract from the Awarding Authority,execute the contract in accordance with the Invitation For Bids. i", - M k&4P Authorized Sign re . ate Shannon DeGu mo Print Authorized Name Contact Name for Bid Questions: Shannon DeGuglielmo cwtransportation(@,amaii.com Contact Name Email of Contact Person C&W Transportation 781-8624747 Company Name Contact Person Phone Number 240 Bedford_Street Lexington MA _02420 Address State Zip Code ctrans ortation Dgmail.corn Contact Email Address 51 - LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 -REPRESENTATIONs AND CERTIFICATIONS OF THE VENDOR The Vendor hereby represents and certifies under the penalties of perjury: A. Non-Collusion: The undersigned certifies,under penalties of perjury that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person,business,partnership,corporation,union,committee,club,or other organization,entity or group of individuals. B. Attestation Statement: The vendor certifies under penalties of perjury that I,to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law. C. Tax and Contributions Compliance: The Vendor is in full compliance with all laws of the Commonwealth of Massachusetts relating to taxes and to contributions and payments in lieu of contributions. The Vendor's social security/tax_identification number is 04-2379401 D. Conflict of Interest: The Vendor certifies that no official or employee of the Town has a financial interest in this bid or in the Contract with the Vendor offers to execute or in the expected profits to arise therefrom, unless there has been compliance with the provisions of M.G.L. c 268A. The vendor certifies that they will require employees to adhere to Conflict of Interest Law as it pertains to public employees and students in this financial arrangement. E. Licenses and Permits: The Vendor shall obtain all required licenses and permits pertaining to work under this Agreement.The Vendor shall submit copies of such licenses and/or permits upon request. F. Debarment or Suspension: The Vendor certifies that it has not been debarred or suspended under M.G.L. c. 29, Section 29F, nor will the Vendor contract for supplies from a debarred or suspended subcontractor on any public contract. FORMS ATTACHED I5 BID ARE REQUIRED TO BE SIGNED AND RETURNEDIN BIDSUBMISSION. President Authorized Ve Signature ff Title C&W Transportation Company Name 2 LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 APPENDIX N- REFERENCES References of similar customers to whom you have provided similar services(provide at least 3). 1. ch000man Name: Min ma p y utene p!!R High School Contact Name: Kevin Mahone Street: 758 Marrett Road City,State& Zip Code: Lexington MA 02421mmn Phone Number 781-861-6500 _ Email Address: k.mahoney@minuteman.org Number of Years Working for 30+ School 2. School/Company Name: Bentley University Contact Name: Claudette Blot Street: 175 Forest Street City,State& Zip Code: Waltham.MA 02452 Phone Number 781-891-2142 Email Address: cblot@bentley.edu Number of Years Working for 10+ School 3. „ School/Company Name: US China SciTech Education,,,... Contact Name: Pei Zhan � �rce Street: 16 Eve n Lane City,State&Zip Code: Andover,MA 01810 Phone Number 978-662-8802 Email Address: pzhange@scitech.edu Number of Years Working for . ...................................... School LS School Bus Transportation Services IF Bid#1 -7 12/22/201 Lexington Public Schools APPENDIX 0- CERTIFICATE OF NON-COLLUSION M.G.L. Ch.30B, s10, BID PROPOSALS: Certificate of Non-Collusion - Te undersigned certifies, under the penalties of perjury, that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person, business, partnership, corporation, union, committee,club or other organization,entity or group of individuals. _C&W Transportation , Company or Corporation Dated: Authorized Offici 's i nature ATTESTATION STATE NT: State Taxes Paid MANDATORY Pursuant to M.G.L. Ch. 62c 49a, I certify under the penalties of perjury that I, to my best knowledge and belief, have tiled all state tax returns and paid all state taxes required under law. State tax paid to Massachusetts using Federal ID or SS# ________ 04-2378401 C&W Transportation Company or Corporation Dated: 2_& Authorized�Officei s Signature . 76 - LPS School Bus Transportation Services lFB Bid#16-7 1 / 2/2016 APPENDIX P- CERTIFICATE OF AUTHORITY t a duly authorized meeting of the Board of Directors of C&W Trans ortatio (name ofcorporation) held on . /1 /'15 w mm at which all the Directors were present or waived notice, it was voted that Shannon DeG glielmo , President (name) (office) of this corporation, be it he or she, hereby is authorized to execute bid documents,contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto,and such execution of any bid document or contract or obligation in this corporation's name on its behalf under seal of the corporation, shall be valid and biding upon this corporation. ATTEST: (c er or"s-e c r e t a r y) Place of Business: Lexington. MA I certi that I am the clerk/secretary of the C&Wimapgqation (name of Corporation) and that................,„Shannon e u lief is the duly elected President (name) (office) and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. ATTEST: (clerk or secre ry) Date:** m ......................... * This date must be on or before the date of the Contract * This date must be on or before the date of the Contract - 77 - LPS School Bus Transportation Services IFB Bid#1 -7 1 /22/2 1 PPE -DISCLOSURE OF LOBBYNG i S FoRm DISCLOSUREIACTIVITIES ed by oe1® Complete this farm to disclose lobbying activities pu ant to 31 U.S.C. 13 (See reverse for public burden disclosure) 1.Type of Federal Action: 2.Status of Federal Action: 3.Report Type: a contract a.bid/offer/application I 1 a.initial Ming b.grant b.initial award I 1 b.material change N/A c.cooperative agreement c,post-award For Material Change Only: N/Ad an year der e loan guarantee N/A date of last report. f„loan Insurance 4. e and Address of Reporting En S.If Reporting Entity in No.4 is a Subawardee,Enter Name subaa and Address of Prime: Ti Wkno /A / congressional District,it known Con ressional District,it 6„Federal e entfA enc : 7.Federal Program ame a cription: N/A N/A CFDA Number,if appOcable 8.Federal Action Number,ifknown: 9.Award ont,if N/A N/A iT a,Name and Address of Lobbying egis nt b.Individuals Performing Services(WOdin s it (if indftral,last naine,BiSt na l): different#am No- 10a) (last name,first name,MI). N/A /A 11.1 d �' acs a Signature: br I on DeGulieltno a a eed r. ,m S�Pam m 36 ULM�M n,s Print Name wlbea=WktrPft iu ftPu m dfotft1DF*ft shdta iipatacWpmlydedkstw310=3W Title: Presiden raftmtmSIM mtrexhyAhlAr 7S1-8h2-4747 1-?.6-17 N/A Telephone No.: Date. Marla R u Federal Use Only: 5�da+d Farm LLL iRev.'-9n , 78 LPS School Bus Transportation Services lFB Bid #16-7 12/2-1/2016 APPENDIX R®CERTIFICATION REGARDING DEBARMENT, SUgPENSION, INELIGIBILITY& VOLUNTARY EXCLUSION Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Ex0lusion®Lower Tier Covered Transactions This certification is required by the Department of Education regulations implementing Executive Order 12549,Debarment and SuspensFon 34 CFR Part 85,for all! r tier transactions meeting the threshold and liar requirements stated at Section 85 110 Instructions for Certification 5. The prospective lower tier participant further agrees by submitting this proposal that it will include the clause titled ACerlifficalion 1 By signing and submitting this proposal,the prospective lower der Regarding Debarment,Suspension Ineligibility,and Vo"untary participant is providing the certification set out below Exclusion-Lower Tier Covered Transactions.i without mDMficalion,in all lower tier covered transactions and in all citations for lower tier 2. The certification in this clause is a material representation of fact covered transactions upon which reliance was placed when this transaction was entered into. If It is later determined that the prospective lower tier participant 7 A participant in a covered transaction may rely upon a cerur,,calion knowingly!endered an erroneous certification,In addition to other of a prospective participant in a lower tier covered transaction that d is remedies available to the Federal Government,the department or not debarred,suspended,ineliglble or voluntarily excluded from the agency with which this transaction originated may pursue available covered transaction,unless it knows that the certification is erroneous remedies,including suspension and/or debarment. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may but is 3. Thep lower ter participant shall provide immediate not required to,check the Nonprocurement List written notice to the person to which this proposal is submitted If at any time the prospective lower der participant learns that its certification 8 Nothing contained in the foregoing shah be construed to require was erroneous when submitted or has become erroneous by reason of establishment of a system of records in order to render in good faith changed circumstances. the certification required by this clause The knowledge and Information of a participant Is not requi red to exceed that whzh rys 4. The terms"covered transaction,""debarred,""suspended normally possessed by a prudent person m the ordinary course of "ineligible,""lower der covered transaction participant"'person business dealings "primary covered transaction,""principal.""pro posa%"and"voluntarily excluded,"as used in this clause.have the meanings set out in the 9 Except for transactions authorized under paragraph 5 of these Definitions and Coverage sections of rules implementing Executive instructions,if a participant in a covered transaction knowingly enters Order 12549 You may contact the person to which this proposal is into a lower tier covered transaction with a person who is suspended, submitted for assistance in obtaWng a copy of those regulation& debarred,ineligible or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal 5',The prospective lower tier participant agrees by submitting this Government,the department or agency with which this transaction proposal that,should the proposed covered transaction be entered odg,nated may pursue available remedies,including suspension and/or into,it shall not knowingly enter into any lower der covered transaction debarment. with a person who is debarred,,suspended.declared Ineligible,or voluntarily excluded from participation in this covered transaction, unless authorized by the depariment or agency with which this transaction originated Certification (1) The prospective lower tier participant cerdfies,by submission of this proposW,that neither it nor its principals are presently debarred suspended,proposed for debarment,declared ineligible,or voluntaWy excluded from participation in this transaction by any Federal department or agency (2) Where this prospective lower tier participant is unable to certify to any of the statements in this cenification,such prospective participant sha,i attach an explanation to this proposal. NAME OF APPLICANT id PRIAWARD NUIPB%R ANDI�R PROJECT NAME B foi C & W Transportation, Inc . Snool Bm PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Shannon M. DeGuglielmo, President L SIGN�TTURE DATE U"' 1-26-17 ED 80-0014,9190(Reply 009 AREV,1 7J88) hichh is ltbmolete� -79 - LPS School Bus Transportation Services IFB Bid#16-7 12/22/2016 APPENDIX S- O O TE/P THE S II'FoRm NOTE: If the bidder is a corporation, indicate state of incorporation; if partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address. Use the following spaces: If a Corporation: Incorporated in what state: as ehusetts .. . President: Shannon DeGu lig ielmo Treasurer: ,.. ,Y Maia Anderon.. __.. ---- Secretary: _,Debra DeBastos If a foreign corporation (incorporated or organized under Iaws other than laws of the Commonwealth of Massachusetts), is the corporation registered with the Secretary of State of Massachusetts? Yes ro No If the bidder is selected for the work referred to above, it is required under M.G.L. c.30 §39L to furnish to the awarding Town a certificate of the Secretary of State stating that the corporation has complied with M.G.L. c.181 §§3, 5 and the date of such compliance. If a Partnership: (Name all Partners) Name of Partner: Residence: Name of Partner: Residence: If an Individual: Name: Residence: If an Individual doing business under a firm name: Name of Firm: Name of Individual: Business Address: Residence: Other form of business organization ---- F y 0 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Award Food Service Contract— FY2018 Including Renewal Options (5 min.) PRESENTER: ITEM NUMBER: Ian Dailey, Assistant Superintendent for Business and Finance 1.3 SUMMARY: A vote is requested for this agenda item. For contracts greater than three years, the Town's general bylaw requires the Town Manager to seek the approval of the Board of Selectmen. The current food service contract terminates on June 30, 2017. A Request for Proposals process was conducted to establish a new contract beginning July 1, 2017. The initial term will span July 1, 2017 through June 30, 2018. The agreement includes the option to extend the agreement through four one-year extensions. On March 10, 2017, the School Department made available its Request for Proposals for School Food Service Management services. As part of the process, advertisements were placed in the Lexington Minuteman on March 9, 2017 and March 16, 2017. The bid was also posted in the Goods and Services Bulletin as well as C0MMBUYS. Finally, after the RFP was made available, information was sent directly to vendors to review and consider submission. On March 22, 2017, site visits were conducted with three interested vendors. Site visits were conducted at Lexington High School, Clarke Middle School, Estabrook Elementary School, and Bowman Elementary School. All questions from prospective vendors were due on April 3, 2017. In total, 16 questions were received and answers were provided. Additionally, a total of two amendments were issued in advance of the April 5, 2017 deadline. All bids were due to the Central Administration building by 11:00 a.m. on April 7, 2017. As of the deadline, one proposal was received. The School Committee unanimously supported awarding the contract to Whitsons Culinary Group at its May 23, 2017 meeting. SUGGESTED MOTION: Move to authorize the Town Manager to enter into School Food Services management contract in substantially the form attached with Whitsons Culinary Group for the period of July 1, 2017 through June 30, 2018, with the ability for school administration to award up to four additional]-year extensions with the approval of the School Superintendent. FOLLOW-UP: TMO and School Department DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:20 p.m. ATTACHMENTS: Description Type D Food Sorrw ico Cbnrtrra t Rackrrkn Matorrinl Agreement for Management of a School Food Service Program #17-1 Agreement for Management of a School Food Service Program LEXINGTON PUBLIC SCHOOLS, MA and WHITSONS NEW ENGLAND, INC. tA0431626.1} Page 1 of 41 Agreement for Management of a School Food Service Program #17-1 Agreement for Management of a School Food Service Program THIS AGREEMENT, made this day of 2017 by and between the School Committee of the Lexington Public Schools, MA hereinafter referred to as the School Food Authority (`SFA") and Whitsons New England, Inc. hereinafter referred to as the Food Service Management FSMC ("FSMC"). WHEREAS, the FSMC submitted a proposal dated April 7, 2017 to the SFA to provide food service management to the SFA in response to the SFA's Request for Proposals dated March 10, 2017 (the "RFP") and has been awarded a contract by the SFA, contingent upon the execution of an agreement that is acceptable to both parties. NOW, THEREFORE, in consideration of the covenants and agreements hereinafter expressed, it is mutually covenanted and agreed by and between the parties hereto as follows: L Scope and Purpose A. This Agreement sets forth the terms and conditions upon which the SFA retains the FSMC to manage and operate the SFA's Food Service Program. B. The RFP, including all of its exhibits, the FSMC's Proposal, and the Agreement Cover Sheet are hereby in all respects made a part of this Agreement. In the event of a conflict between the RFP, the Proposal and this Agreement, the following order of preference shall be given to the interpretation of these documents and shall prevail: (1) the terms of Agreement, (2)the terms of the RFP, and (3)the terms of the Proposal. C. "Food Service Program" refers to the operation of the National School Lunch Program and/or the School Breakfast Program, and/or the Special Milk Program, and/or the After School Snack Program, as well as other auxiliary businesses described in the RFP, Exhibit A, Item 8. D. This Agreement shall become effective on July 1, 2017, and shall terminate on June 30, 2018 (the "Initial Term"), unless an extension is agreed to in accordance with the terms stated below, or unless terminated earlier as provided below. E. This Agreement is subject to review and approval by Nutrition Services, Massachusetts Department of Elementary and Secondary Education (DESE). F. Pursuant to Federal regulations, any extensions of this Agreement shall be executed prior to expiration of the preceding contract period. Any such extensions (each a "Renewal Term") shall not extend the contract period and may not exceed four (4) additional one year extensions beyond the original contract period of July 1, 2017, to June 30, 2018. tA0431626.1} Page 2 of 41 Agreement for Management of a School Food Service Program #17-1 G. If the SFA elects to renew the Agreement with the FSMC, the terms and conditions of the existing Agreement shall remain substantially unchanged. Renewals of this Agreement shall be attached as Amendments to this Agreement. Any price changes in the contract as part of a renewal will be based upon all FSMC fees of the original contract. Fee increases shall be disclosed as part of the submittal and shall not exceed the changes in the Consumer Price Index Rate for Food Away from Home in the Boston-Brockton- Nashua Area for the twelve (12) months preceding the most recent monthly calculation available when the Agreement is renewed. If this Agreement is renewed, the FSMC and SFA will complete a new version of the Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions and Certification Regarding Lobbying attached in Exhibit A hereto as required by DESE. H. This Agreement constitutes the entire Agreement between the SFA and the FSMC and may not be changed, terminated or extended orally or by course of conduct, except as expressly agreed to in writing by the parties and with the approval of DESE. I. This Agreement shall remain in effect throughout its term unless the parties mutually agree, in a written document signed by both parties and attached to this Agreement, to amend, add or delete any article or exhibit. Any amendment to this Agreement shall become effective at the time specified in said amendment. J. This Agreement may not be assigned or delegated by either party in whole or in part without the written consent of the other party. K. This Agreement shall be governed by the laws of the Commonwealth of Massachusetts and any action to enforce the Agreement shall be brought in Middlesex County, Massachusetts. L. This Agreement may be executed in several counterparts, each of which shall be deemed an original. M. A waiver of any failure under this Agreement shall neither be construed as nor constitute a waiver of any subsequent failure. This Agreement supersedes all prior negotiations, representations or agreements, if any. The section headings are used solely for convenience and shall not be deemed to limit the subject of the sections and paragraphs or be considered in their interpretation. N. Any silence, absence or omission from the specifications under this Agreement concerning any point shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of a quality that would normally be specified by the SFA are to be used. O. If any provision of this Agreement is unenforceable or invalid for any reason, the remainder of this Agreement shall continue in effect. tA0431626.1} Page 3 of 41 Agreement for Management of a School Food Service Program #17-1 P. Payments of any expense or fee shall not preclude the SFA from making a claim for adjustment on any item that is found not to have been in accordance with the provisions of this Agreement and proposal specifications; provided that any invoice that is not disputed in good faith within 120 days of submission shall be deemed accepted by the SFA. Q. Any notice or communication required or permitted under this Agreement shall be in writing and shall be served personally or sent by United States registered or certified mail, postage prepaid with return receipt requested, addressed to the other party as follows: To SFA: Superintendent of Schools Lexington Public Schools, MA 146 Maple Street Lexington, MA 02420 To FSMC: President& CEO Whitsons New England, Inc. 1800 Motor Parkway Islandia, NY 11749 With a copy to the same address, Attention: Legal Dept. In either case, With copy to: Administrator for Nutrition, Health and Safety, Massachusetts Department of Elementary & Secondary Education 75 Pleasant Street Malden, MA 02148-4906 and/or to such other persons or places as either of the parties may hereafter designate in writing. All such notices shall be deemed effective when received, but no later than forty-eight(48) hours after the same are deposited in the United States mail. R. The Assistant Superintendent for Finance and Operations (the "Assistant Superintendent") will represent the SFA as liaison between the SFA and the FSMC in all matters related to this Agreement. All comments from the FSMC to the SFA regarding this Agreement should be submitted through the Assistant Superintendent. S. The SFA's financial commitments contained in this Agreement are subject to annual appropriation by the SFA's School Committee. T. With the exception of payment obligations for prior performance under this Agreement, neither the FSMC nor the SFA shall be liable for the failure to perform their respective obligations under this Agreement when such failure is caused by fire, explosion, water, tA0431626.1} Page 4 of 41 Agreement for Management of a School Food Service Program #17-1 acts of God (except emergency closing days as stated in the SFA School Cancellation Policy), civil disorder or disturbance, strikes, vandalism, war, riot, sabotage, governmental rules or regulations, or like causes that are beyond the reasonable control of such party. II. Breach and Termination A. In the event either party commits a material breach, the non-breaching party may terminate this Agreement for cause by giving sixty (60) days written notice. If the breach is remedied prior to the proposed termination date, the notice shall be considered void and the breach cured. B. Material breaches shall include, but are not limited to, failure to maintain and enforce required standards of sanitation, failure to maintain proper insurance coverage as outlined by the Agreement, failure to provide required periodic information/statements, or failure to satisfactorily perform obligations hereunder. C. The FSMC and the SFA may each terminate this Agreement without cause by providing sixty (60) days written notice to the other party of its intent to terminate. D. The rights of termination in this Agreement are not intended to be exclusive and are in addition to any other rights available to either party at law or in equity. E. To the extent practicable, the FSMC shall endeavor provide one hundred-twenty (120) days written notice to the SFA of any intent not to renew the contract. III. SFA Rights and Responsibilities A. General Responsibilities 1. The SFA shall be legally responsible for the conduct of the food service program and responsible for food service program operations. 2. The SFA shall supervise and monitor the food service program in such manner as will ensure compliance with all applicable law, rules, regulations, and agreements with DESE and the United States Department of Agriculture (USDA). 3. The SFA shall be the responsible authority without recourse to USDA Food and Nutrition Service or to DESE for the settlement and satisfaction of all contractual and administrative issues arising from the Agreement. Such authority includes, but is not limited to, source evaluation, protests, disputes, claims, or other matters of a contractual nature. Matters concerning violations of the law will be referred to the local, State, or Federal authority with proper jurisdiction. 4. The SFA shall be solely responsible for implementation of its free and reduced price meal policy including development, distribution, approval and maintenance of free and reduced price applications; direct certification and verification tA0431626.1} Page 5 of 41 Agreement for Management of a School Food Service Program #17-1 activities. These responsibilities shall not be delegated to the FSMC to any degree. 5. The SFA shall be responsible for all contractual agreements entered into in connection with the school nutrition program. The SFA shall retain signature authority as outlined in RFP, Exhibit H, Division of Responsibilities over the following: i. the program agreement with DESE; ii. free/reduced application process, including hearings and verifying free & reduced meal applications iii. all necessary signatures as part of the free/reduced applications process; iv. the SFA's free and reduced price policy statement; V. USDA donated food orders; vi. monthly claims for reimbursement; and vii. commodity order forms. 6. The SFA shall retain control of the quality, extent and general nature of its food service pursuant to 7 CFR 210.16(a)(4). 7. The SFA may make reasonable regulations with respect to the operation of the food service program. 8. The SFA shall be responsible for ensuring resolution of program review and audit findings. 9. The SFA reserves the right to add or delete locations of food service from the list of schools included in the program without the FSMC's agreement. The SFA further reserves the right to make any grade level changes it deems necessary. FSMC shall have the right to make a request to equitably increase or decrease its fees hereunder if the SFA adds or reduces food service locations. 10. The SFA reserves the right to change all but the senior high school program from an "offer" program to a"serve" program at any time it deems to do so. 11. The SFA reserves the right to cancel or shorten any school day. A twenty-four (24) hour notice will be given to the FSMC in non-emergency situations. In the event of emergency closure, the SFA shall provide the FSMC with as much advance notice of the closure as possible, and the SFA will not be charged on that day(s). The foregoing notwithstanding, if reasonable advance notice is not given and a decision is made by the SFA to delay opening or close the Facility after FSMC's employees have already reported to work, any labor costs incurred by the FSMC as a result of such closing, delayed opening or early dismissal (including as a result of requirements contained in a collective bargaining agreement) shall be charged to the SFA as an Operating Expense of the Food Service Program. tA0431626.1} Page 6 of 41 Agreement for Management of a School Food Service Program #17-1 B. Control of the School Food Service Account and Overall Financial Responsibility 1. The SFA shall retain control of the nonprofit school food service account and overall financial responsibility for the nonprofit food service operation. 2. All income accruing to the SFA from the food service program shall remain in the SFA non-profit food service account. 3. The SFA shall retain control for the establishment of all prices, including price adjustments, for meals served under the nonprofit school food service account including without limitation pricing for reimbursable meals, a la carte service including vending machines, and adult meals. 4. The SFA shall approve all a la carte items served and all a la carte prices charged by the FSMC in advance of sale. 5. The SFA's and the FSMC's employees may purchase meals, milk, or snacks at the option and direction of the SFA at prices approved by the SFA. 6. The SFA shall make appropriate and adequate arrangements for funds to defray the necessary costs of the service of free or reduced price meals to eligible children, subject to annual appropriation by the SFA's School Committee. 7. If FSMC promises a guarantee to meet fiscal goals specified by the SFA, the SFA must ensure that all conditions and assumptions of a break even be clarified and defined and any guaranteed return promised by the FSMC is defined (using actual numbers) and remains in the non-profit food service account. Whereas the FSMC has made such guarantees, the FSMC shall bear responsibility for failure to meet those goals. "Returns" are not contingent upon multi-year contract duration. Any guaranteed return provided under that section will remain within the SFA's Food Service Revolving Fund to support future equipment purchases and supplies under the responsibility of the SFA. 8. The SFA will reimburse the FSMC only for allowable costs from the nonprofit school food service account net of all discounts, rebates and other applicable credits accruing to or received by the contractor or any assignee under the contract, to the extent those credits are allocable to the allowable portion of the costs billed to the school food authority. The FSMC's determination of its allowable costs must be made in compliance with the applicable Federal and State laws and regulations and Office of Management and Budget Cost Circulars. 9. The FSMC shall invoice the SFA at the close of each period of program operation. It is acceptable to the SFA for a"pre-bill" to be submitted according to warrant schedule during each period. A period is defined as a calendar month of activity. All invoices must be accompanied by original invoices and reports documenting expenditures, discounts, rebates, other applicable credits, and any tA0431626.1} Page 7 of 41 Agreement for Management of a School Food Service Program #17-1 alleged changes in conditions or assumptions as described in Section IV.D.20 and their expected financial impacts, for a"pre bill" or monthly payment to occur. 10. The SFA shall make payment to the FSMC within 30 days after the submission of a valid bill for each period of program operation. Normal credit terms will be thirty (30) days from billing date. 11. The SFA shall not pay for meals that are spoiled, unwholesome or disallowed by appropriate authority at time of service; or those that do not meet the specifications developed by the SFA; or do not otherwise meet the terms of this Agreement; provided however, that no deduction shall be made unless the SFA shall give the FSMC written notification within thirty (30) days, specifying the number of meals for which the SFA intends to deduct payment and setting forth the reasons for the deduction. 12. The SFA reserves the right to review all bids, invoices, and any other records of the FSMC pertaining to the food service program at any time. C. USDA Donated Foods 1. Title of products purchased or processed using federally donated commodities must remain with the SFA. Any charges incurred by the FSMC when processing or purchasing products containing government commodities shall be paid by the FSMC and charged back to the SFA as a food cost. A manufacturer's original invoice is required as proof of pricing. 2. Any federally donated commodities received by the SFA and made available to the FSMC shall accrue only to the benefit of the SFA's non-profit school food service program and shall be used solely for the purpose of providing benefits for the SFA's food service operation. To the maximum extent feasible, the FSMC shall use any food donated by USDA for the use of the SFA in preparation of the meals and other food served to children. All refunds received from processors must be retained by the SFA. 3. The SFA must conduct a reconciliation at least annually (and upon termination of the contract) to ensure that the FSMC has credited it for the value of all donated foods received for use in the SFA's food service in the school year, including the value of donated foods contained in processed end products. 4. Extensions and renewals of the contract, if applicable, are contingent upon the fulfillment of all contract provisions relating to donated foods. 5. The FSMC must comply with all provisions of the 2016 USDA Final Rule. The following link is the 2016 USDA Final Rule statute: htti)s://www.federalre ster.aov/documents/2016/04/19/2016-08639/requirements-for- the-distribution-and-control-of donated-foods-the-emergency-food-assistance-program tA0431626.1} Page 8 of 41 Agreement for Management of a School Food Service Program #17-1 D. The SFA will maintain all applicable health certifications and assure that all State and local regulations are being met by the FSMC. E. Monitoring Responsibilities 1. The SFA's designee shall review all administrative and financially related operations of the FSMC. The FSMC's reimbursement for eligible direct costs of operation, as specified in the RFP, Exhibit G, Division of Costs for the Food Service Program, and Management Fee will be paid only as approved by the SFA's designee as being consistent with the terms of this Agreement. 2. The SFA will audit food, labor, and other large expense items quarterly and perform random audits on smaller expense categories. The FSMC will submit any large (amounts greater than $500) or unusual expense items including, but not limited to, travel or personal expenses for advance approval prior to expenditure or commitment. Any relocation costs for which the SFA will be responsible must be approved in advance by the SFA. 3. The SFA shall audit the FSMC's operations as part of its year-end audit. The SFA may also conduct special audits as it deems appropriate. The FSMC shall immediately notify the SFA of any audit, inquiry or legal investigation of its records by a local, State, or Federal authority that is in any way related to the SFA. 4. The SFA shall have unlimited access to all areas of the SFA facilities used by the FSMC for purposes of inspections and audits. 5. The SFA, DESE, USDA or Comptroller General of the United States, or any of their duly authorized representatives shall have access to any books, documents, papers, and records of the FSMC which are directly pertinent to this Agreement, for the purpose of making audit, examination, excerpts and transcriptions. 6. The Assistant Superintendent will monitor the food service operation through periodic on-site visits to ensure the food service is in conformance with program regulations and the terms of this Agreement. F. The SFA, with the assistance of the FSMC, shall establish an advisory committee representative of all students, teachers, and parents to assist in menu planning. The advisory committee shall meet at least semi-annually. Each semester, the FSMC shall cooperate with the SFA to prepare an action plan for consideration by the advisory committee. G. Facilities 1. The SFA shall make available without charge to the FSMC an area or areas agreeable to both parties in which the FSMC shall render its services; such area or areas shall be reasonably suited for providing efficient and sanitary food service. tA0431626.1} Page 9 of 41 Agreement for Management of a School Food Service Program #17-1 2. The SFA shall furnish at its expense, space, light, heat, power, hot and cold water, and other utilities as are necessary for the operation of the food service program and which are specified in the RFP, Exhibit G, Division of Costs for the Food Service Program. 3. The SFA shall provide the FSMC with local telephone and internet service with responsibility for those costs described in the RFP, Exhibit G, Division of Costs for the Food Service Program. 4. The SFA shall notify the FSMC of any interruption in utilities of which it has knowledge. 5. The SFA shall provide sanitary toilet facilities for the employees of the FSMC. 6. The SFA in both middle schools and six elementary schools shall remove all garbage, recyclables, and trash from cafeterias and kitchens and bring all such trash and recyclables to the designated collection area. SFA will mop and clean with floor machine. FSMC will sweep all kitchens. In Lexington High School, the FSMC shall: • remove all garbage, recyclables and trash from kitchens and bring to the designated collection area; • sweep and mop kitchen areas, and • sweep Commons 1 and Commons 2 The SFA will clean kitchen with cleaning machine and mop and clean Commons 1 and Common 2. The SFA shall have designated areas for the deposit and removal of all garbage and trash and shall provide, at its expense, all necessary waste receptacles, including those required for the proper recycling of all waste materials (including without limitation food waste, plastic and paper) as required by Federal, State and/or local law. The SFA shall provide, at its expense, for the daily disposal of waste (including recyclable waste such food waste, plastic and paper) and garbage and for regular extermination services. 7. The SFA is responsible for cleaning after catering events. 8. The SFA shall provide, without charge to the FSMC, office space for use by the FSMC for the performance of this Agreement. The FSMC shall take reasonable and proper care of the office space and shall return it to the SFA at the termination of the Agreement in the condition in which it was received, ordinary wear and tear excepted. All records which the FSMC is required to maintain under this Agreement shall be stored in said office. 9. In connection with the services being provided hereunder, FSMC may need to operate certain information technology systems not owned by SFA("Non-SFA Systems"), which may need to interface with or connect to SFA's networks or information technology systems ("SFA Systems"). FSMC shall be responsible for all Non-SFA Systems, and tA0431626.1} Page 10 of 41 Agreement for Management of a School Food Service Program #17-1 SFA shall be solely responsible for SFA Systems, including taking the necessary security and privacy protections as are reasonable under the circumstances. If FSMC serves as the merchant-of-record for any credit or debit card transactions in connection with any of the services provided hereunder, FSMC will be responsible for complying with all applicable laws, regulations and payment card industry data security standards related to the protection of cardholder data ("Data Protection Rules"). If Non-SFA Systems interface with or connect to SFA Systems, then SFA agrees to implement forthwith upon request from FSMC, at its own expense, the changes to the SFA Systems that FSMC reasonably requests and believes are necessary or prudent to ensure FSMC's compliance with the Data Protection Rules. 10. The SFA reserves the right to use school food service preparation areas at times other than when facilities are in use by the FSMC; however, the FSMC shall require an employee to be present and to be reimbursed by the user at the rate established by School Committee Rental of Facilities policy or a minimum of$35.20 per hour for weekday use and $43.25 for Saturdays, Sundays, and Holidays if the policy is silent. 11. If the SFA uses the facilities for extracurricular activities before or after the SFA's regularly scheduled lunch or breakfast period, the SFA shall return facilities and equipment to the FSMC in the same condition as received, normal wear and tear excepted. 12. The SFA shall be responsible for painting within the kitchen and dining areas. 13. The SFA shall be responsible for cleaning of ducts and hoods above the filter line and will provide extermination services as needed. However, FSMC shall submit work orders as necessary for cleaning these areas to be scheduled by the Department of Public Facilities. At Lexington High School, the FSMC shall be responsible for replacing filters periodically. 14. The SFA, through the Department of Public Facilities, shall be responsible for repairs to all permanent fixtures such as faucets, lights, sewers, air conditioning, heating and all other electrical work not directly related to a specific piece of food service equipment. 15. The FSMC must promptly report any safety issues in any of the school kitchen areas through the Department of Facilities Work Order System. 16. The Lexington Department of Public Facilities will assist the FSMC with general basic repairs and maintenance and assistance of facilities at no cost to the FSMC. If an outside vendor is needed, FSMC will be responsible for completing repairs with an outside vendor at the SFA's expense. The SFA shall have the right to approve any outside vendor performing repairs in or on SFA facilities, such approval not to be unreasonably withheld or delayed. H. Equipment: tA0431626.1} Page 11 of 41 Agreement for Management of a School Food Service Program #17-1 1. The SFA shall furnish all necessary Capital Equipment to operate the Food Service Program. For the purposes of this Agreement Capital Equipment shall mean equipment which costs in excess of$5,000.00. 2. An itemized inventory of all items furnished by the SFA, including all miscellaneous kitchen items, will be made part of this Agreement upon its execution. This itemized inventory shall be certified by representatives of both the SFA and FSMC. 3. The SFA, through the School Department, will be responsible for all repairs related to specific internal pieces of food service equipment such as pilot lights for gas stoves and parts for equipment and appliances used directly in food services. Hoods and other venting and safety equipment attached to the building envelope are the responsibility of the Department of Public Facilities. The FSMC is responsible for submitting work orders and documenting building envelope work to be completed and planned. If equipment provided by the SFA becomes inoperative, hazardous or inefficient to operate, FSMC shall have the right to undertake repairs or replacements at the expense of the SFA if the SFA fails to do so after having been given adequate notice in the manner provided in this Agreement and a reasonable amount of time to correct the equipment deficiency. 4. The SFA shall inventory the equipment owned by the SFA at the beginning of the school year, including but not limited to silverware, trays, chinaware, glassware, kitchen utensils, food and nonfood supplies. 5. The SFA shall furnish and install any equipment or make any structural changes needed to comply with Federal, State and local laws, ordinances, rules, and regulations regarding the food service program. 6. The FSMC shall submit for consideration each September a five-year capital improvement plan and ten-year equipment replacement plan to assist SFA in maintaining equipment to acceptable standards. The Capital Plan Submission shall be completed on SFA issued forms. The SFA shall submit a request to the town Capital Expenditure Committee and the governing body for capital improvements identified in said plans for funding consideration. 7. The SFA shall replace expendable equipment and replace, repair and maintain inventoried equipment except when damages result from the negligence of the employees of the FSMC, in which event the FSMC shall repair or replace the equipment. 8. All food preparation and serving equipment owned by the SFA shall remain on the premises of the SFA. 9. The SFA shall not be responsible for loss or damage to equipment owned by the FSMC and located on the SFA's premises unless such damage is caused by negligence or willful misconduct of the SFA's employee(s), agent(s) or invitee(s). tA0431626.1} Page 12 of 41 Agreement for Management of a School Food Service Program #17-1 10. The SFA shall keep its buildings, including the premises, and all property contained therein insured against loss or damage by fire, explosion and similar casualties. The FSMC shall notify, in writing, the SFA of all food losses due to the failure of equipment or the result of damage by fire, explosion, and similar casualties. The SFA shall be solely responsible for any loss or damage caused by such casualty or failure of equipment (including food and other losses due to loss of power), except to the extent such fire, explosion or casualty was caused in whole or in part by FSMC, its employees, agents, vendors, or contractors. IV. FSMC Rights and Responsibilities A. General Rights and Responsibilities 1. The FSMC shall have the exclusive right to operate the SFA's Food Service Program for the sole benefit of the SFA, students, faculty, staff, invited guests and other persons designated by the SFA, and not as a source of profit to the FSMC, other than from the Management Fee that it receives under this Agreement. 2. The SFA may request that the FSMC provide additional food service programs. However, the SFA reserves the right, at its sole discretion, to sell or dispense any food or beverage before or after the SFA's regularly scheduled lunch or breakfast periods provided such use does not interfere with the operation of the school lunch and/or breakfast and/or special milk and/or after school care snack programs, and is in compliance with State and Federal laws and regulations regarding non-nutritious foods or foods sold in competition with reimbursable meals or snacks. 3. During the Initial Term, FSMC shall charge SFA, and SFA shall pay FSMC, a Management Fee of $160,250.00. The Management Fee includes FSMC's overhead expenses necessary to operate the Food Service Program, for which FSMC is not otherwise reimbursed, including, but not limited to: area and zone supervision; general support provided by FSMC's corporate offices, including without limitation, accounting, purchasing, tax, legal, research, auditing other related administrative functions. In furtherance, but not in limitation of the foregoing, payroll-related taxes (e.g. FUTA, FICA, SUI, disability, worker's compensation, etc.) and business insurance expenses (e.g. comprehensive liability, property, umbrella, etc.) will be invoiced at the fixed rate set forth in the Proposal and/or current school year's food service budget, as approved by the SFA. Approval of the food service budget shall constitute approval of these operating expenses. The SFA shall promptly notify FSMC of any disputed amounts and the reason for such dispute. The SFA and FSMC agree to cooperate with each other in good faith to resolve all such disputes. In any event, the SFA shall timely pay that portion of any invoice that is undisputed. The Management Fee shall be invoiced on a monthly basis, and shall be due and payable in ten (10) equal monthly installments within thirty (30) days of invoice date. FSMC shall be entitled to charge the SFA a late payment fee on any invoice that is more than 30 days past due, at the rate of 1 '/z % per month, provided that such late payment fee shall not be paid from the non-profit food service account. For any Renewal Term, the Management Fee shall be adjusted annually, upward or downward, tA0431626.1} Page 13 of 41 Agreement for Management of a School Food Service Program #17-1 based on any percentage increase or decrease in the Consumer Price Index (CPI) for food away from home in the Boston-Brockton-Nashua Area, for the 12 months preceding the most recent monthly calculation available when the Agreement is renewed. Some of the food products purchased on behalf of SFA in connection with the Food Service Program may be "Perishable Agricultural Commodities" within the meaning of the Perishable Agricultural Commodities Act, 1930 (7 U.S.C. 499e(c)) ("PACA"). Where applicable, (a) such food products are sold subject to the statutory trust authorized by section 5(c) of PACA and (b) FSMC retains a trust claim over these commodities and all inventories of food or other products derived from these commodities until full payment from SFA is received. 4. The FSMC shall be paid, upon the submission of proper invoices or vouchers as follows: a. All invoices must be dated and addressed to: Lexington Public Schools c/o Finance Department 146 Maple Street Lexington, MA 02420 b. All pricing and or discounts should be in accordance with this Agreement, the RFP, and the FSMC's proposal. c. SFA funded expenses require all vendors should not accept any orders for services without an authorized purchase order number. d. The FSMC shall provide the Town, with and as a condition to each payment if the payments are in installments, all documentation necessary to evidence transfer to The Town of full and unencumbered title to the item for which payment is being made. 5. In operating the SFA's Food Service Program, the FSMC shall comply with all Federal, State, and local laws and certifications regardless of whether they are specifically named in this Agreement for the duration of the contract for any facility outside the SFA's school facilities in which it proposes to prepare meals. The FSMC shall operate the food service program to meet all requirements under the National School Lunch Act and Child Nutrition Act and shall conduct its operations in accordance with all applicable laws, including, without limitation, 7 CFR Parts 210 as amended, 215 as amended, 220 as amended, 225 as amended, 226 as amended, 245 as amended, 250 as amended and USDA Food and Nutrition Service instructions and policies. The FSMC shall also comply with the terms of the SFA's Child Nutrition Program agreement with DESE. 6. The FSMC shall complete and abide by all Certifications included in Exhibit A hereto, Food Service Management Company (FSMC) Affidavits. tA0431626.1} Page 14 of 41 Agreement for Management of a School Food Service Program #17-1 7. The FSMC shall obtain and keep in effect all Federal, State, and local licenses required for the operation of the food service program. Such licenses shall be posted in a prominent place within the food service area as required by law or regulation. B. Management of Food Service Operations 1. The FSMC shall sell on the SFA's premises only those foods and beverages authorized by the SFA and only at the times and places designated by the SFA. 2. The FSMC shall not offer a la carte food service unless the FSMC also offers free, reduced price and full price reimbursable meals under this agreement to all eligible children. 3. The FSMC shall follow the SFA's written policy requiring feeding of eligible children free or at a reduced price shall apply to the FSMC's food service operation. 4. The FSMC shall charge prices in accordance with those provided in the RFP, Exhibit E, Price Schedule unless and until notified of different prices by the SFA. C. Menu Planning and Food Selection 1. The FSMC will be responsible for all menu planning. The SFA shall review and approve all menus prior to preparation and service of food. The FSMC shall provide proposed menus to the SFA sixty (60)business days in advance of the service date. The SFA shall review and approve the menus forty-five (45) business days in advance of the service date. 2. All menus must be developed using the menu planning system(s) specified in RFP, Exhibit A, SFA Profile, Item 11. 3. The FSMC must adhere to the 21- Day Cycle Menu specified in RFP, Exhibit B for the first twenty-one (21) days of meal service. Changes thereafter may be made only with approval from the SFA. 4. The FSMC must maintain menu standards, as presented in the twenty-one (21) day cycle menu as to type and quality of meal service. 5. The FSMC shall provide choices of menu items for lunches and breakfasts. 6. In accordance with Federal regulations and INS Instruction 783-2, the FSMC shall make substitutions in reimbursable meals as specified by a recognized medical authority for individual participating children whom are unable, because of a disability or other special dietary need, to consume specified foods. The SFA shall notify the FSMC of any such special dietary needs and work cooperatively with FSMC with any assistance necessary to accommodate dietary needs to a reasonable extent. Any additional direct cost incurred to provide substitutions requested by the SFA in accordance with this paragraph shall be tA0431626.1} Page 15 of 41 Agreement for Management of a School Food Service Program #17-1 considered allowable costs of the food service program, and the SFA shall reimburse the FSMC therefor. 7. The FSMC shall provide detailed specifications for each food component or menu item served as specified in 7 CFR Part 210 and adhere to those standards described in RFP, Exhibit C, Purchasing Specifications. 8. Unless otherwise specified by the Lexington Wellness Policy or Guidelines, the FSMC shall comply with the following Minimum Purchasing Specifications: a. Meat Poultry and Fish: L Beef: All beef cuts will be U.S.D.A. Top Range Choice from steers and heifers only. Primal cuts that will be purchased will include round, loin, flank, rib and chuck. No plate or shank cuts will be used. All ground beef will meet the I.M.P. 136 standard. • Pork: U.S.D.A. No. 1, cured, smoked and fresh; • Poultry: U.S. Grade A; • Fish: Fresh and frozen, Grade "A" where grade exists; • Pre-prepared Meat Products: Meet above specifications for beef, pork, poultry, fish and include Child Nutrition (CN) Label or Product Analysis and Nutritional Analysis documentation. b. Dairy (Minimum Standards). c. Milk: Fat free and 1%fat, Grade "A" under 30,000 bacterial count per c.c. d. Eggs: U.S.D.A. Grade "A", Fresh Fancy, no storage eggs to be used. e. Cheese: U.S. Grade "AA". f. Canned Fruits and Vegetables: U.S. Grade "A" or U.S. Fancy only. g. Fresh and Frozen Fruits and Vegetables: No. I quality, i.e. Apples, U.S. Extra Fancy; Winter Pears, Extra Fancy No. 1; Tomatoes (greenhouse)Fancy No. 1; Broccoli, Fancy; Carrots, U.S. Fancy; etc. h. Condiments: U.S. Grade"A". i. Miscellaneous Groceries: Highest grade obtainable. U.S. No. 1. 9. The FSMC shall provide condiments. 10. The FSMC may use fillers or extenders, such as "alternate protein products," in foods served only upon approval of the SFA and as regulated by the U.S. Department of Agriculture (USDA). 11. If the SFA participates in the Special Milk Program, the FSMC shall serve milk that meets requirements for Federal reimbursement. 12. The FSMC will not purchase foods that are available as donated commodities. 13. The FSMC must use all donated ground beef, donated ground pork, and all processed end products, in the SFA's food service, and must use all other donated foods, or commercially purchased foods of the same generic identity, and of equal or better quality tA0431626.1} Page 16 of 41 Agreement for Management of a School Food Service Program #17-1 than the donated foods, and in compliance with the Buy American Act, in the SFA's food service. 14. The FSMC must return all unused donated ground beef, donated ground pork, processed end products and (at the SFA's discretion) return all other unused donated foods in accordance with 7 CFR § 250.52(c) upon termination of this Agreement. The SFA and FSMC must maintain records of receipt of donated foods and processed end products, or crediting for the value of donated foods, and other records and processed end products, or crediting for the value of donated foods, and other records relating to donated foods, in accordance with 7CFR 250.54. The SFA must conduct a reconciliation at least annually (and upon termination of the contract) to ensure that the FSMC has credited it for the value of all donated foods received for use in the SFA's food service in the school year including, in accordance with requirements in 7CFR 250.51(a), the value of donated foods contained in processed end products. 15. The FSMC shall account for all federally donated commodities separately from purchased commodities. The value of the donated commodities shall be those reported on the commodity distribution information provided by the Massachusetts Department of Elementary and secondary Education. The credit will be made upon receipt of goods at the value stated. 16. The FSMC must credit the SFA for the value of all donated foods received for use in the SFA's meal service in the school year, on at least an annual basis, through invoice reductions, refunds, discounts, or other means. Such requirement includes crediting for the value of donated foods, contained in processed end products if the FSMC procures such end products on behalf of the SFA, or acts as an intermediary in passing the donated food value in such end products on to the SFA. All forms of crediting must include clear documentation of the value received from the donated foods. In cost- reimbursement contracts, crediting may be performed by disclosure. The SFA must ensure that the FSMC procurement of processed end products is restricted to those processors that have signed processing agreements with the DESE or the SFA in accordance with 7CFR Part 250. 17. The FSMC shall be responsible for the logistics of transporting and storing federally donated commodities, if any. The SFA is responsible for the reasonable cost of such transportation and storage. 18. Such donated commodities shall be kept separate and apart from the purchased inventory of food and supplies. The FSMC must meet the general requirements for storage and inventory management of donated foods in 7 CFR 250.14(b). In accordance with 7 CFR 250.52(a), the FSMC may store and inventory donated foods together with foods it has purchased commercially for the SFA's use. The FSMC must ensure that its system of inventory management does not result in the SFA being charged for donated foods. 19. The FSMC shall provide the SFA, USDA, and appropriate state agencies access to the storage areas for donated commodities. tA0431626.1} Page 17 of 41 Agreement for Management of a School Food Service Program #17-1 20. In addition to the above requirements, all foods purchased shall comply with the "Buy American" provision of Section 104(d) of the William F. Goodling Child Nutrition Reauthorization Act of 1998 and regulations implementing the law's requirements as follows: To the maximum extent practicable, the FSMC shall purchase domestic commodities or products for use in meals served under the National School Lunch Program and the School Breakfast Program. A "domestic commodity or product" is one that is produced in the United States and is processed in the United States substantially using agricultural commodities that are produced in the United States. In this context, "substantially" means that over 51 percent of the final processed product consists of agricultural commodities grown domestically. 21. The FSMC shall not distribute "foods of minimal nutritional value" in competition with reimbursable meals pursuant to State and Federal laws and regulations. 22. The FSMC shall serve reimbursable meals that comply with the Dietary Guidelines for Americans and the nutrient standards established by USDA in Federal regulations for the National School Lunch Program and the School Breakfast Program and the SFA's Nutrition Guidelines. 23. The FSMC shall follow the SFA's local Wellness Policy that includes the areas of nutrition and nutrition education. A member of the FSMC's management team shall serve as the food service representative member of the local wellness committee. 24. The FSMC shall promote maximum participation in the Child Nutrition Programs using the plans described in the RFP, Exhibit O, Plans to Increase Program Participation. 25. The FSMC shall also promote nutrition/health education as required by State or Federal law. D. Accounting, Recordkeeping and Reporting: 1. The FSMC's financial accounting shall be in accordance with DESE rules and regulations, applicable state laws, and Generally Accepted Accounting Principles (GAAP). 2. The FSMC shall maintain an information database from which the SFA will be provided weekly, monthly, quarterly, and annual reports in such detail as may be reasonably expected to manage the program. FSMC must separately identify and provide sufficient information to permit the SFA to identify for each cost submitted for payment to SFA the amount of that cost that is allowable (i.e., can be paid from the nonprofit school food service account) and the amount that is unallowable (i.e., cannot be paid from the nonprofit school food service account) 7CFR§210.21(f)(ii)(A). The FSMC when making purchases must make sure the prices being charged to the SFA be reasonable and necessary. tA0431626.1} Page 18 of 41 Agreement for Management of a School Food Service Program #17-1 3. The FSMC will provide both monthly and Year to Date (YTD) information on food costs and revenues, including the food costs for reimbursable meals, food cost for non-program foods, revenue from non-program foods, and total revenue (7CFR§210.14). 4. The FSMC shall prepare State, Federal and SFA fiscal and management reports and other special reports as required by government regulations or SFA requirements. 5. The FSMC shall maintain such records as the SFA will need to support its claim for reimbursement under the National School Lunch Act and Child Nutrition Act including accurate records of student participation in the food service program and income records categorized by source, type and category of meal or food service. The FSMC must retain records to support the SFA's claim for reimbursement of the daily number of meal served, by type for a period of five (5) years. In instances where audit findings have not been resolved, the records must be retained beyond the five (5) ear period until resolution of the issues raised by the audit. The FSMC must daily report these meal counts to the SFA. 7CFR Parts 3016.42; 3019.53 and §210.1616(c)(1) 6. The FSMC shall maintain such records (supported by invoices, receipts, or other evidence)that the SFA will need to meet periodic reporting responsibilities. 7. The FSMC shall have records available to substantiate the use of federally donated commodities in reimbursable meal pattern lunches and to demonstrate its compliance with the SFA's agreement with the DESE. 8. All FSMC records pertaining to the SFA should be maintained at the SFA while the contract is in effect and the required retention period. 9. The FSMC shall provide necessary reports to the SFA within ten (10) days following the end of each month of operation. Participation records of reimbursable meals and milk shall be submitted no later than the fifth working day succeeding the month in which services were rendered. 10. Upon request, all records of the FSMC pertaining to the SFA's food service program shall be made available at the FSMC's offices during regular business hours to representatives of the SFA, DESE, USDA, the United States Comptroller General, or the United States Government Accountability Office. 11. The FSMC shall maintain separate and proper accounting and control for each auxiliary business it operates pursuant to this Agreement. 12. All revenues from the operation of an auxiliary business/program, less all relevant cost and expenses, shall accrue to the SFA and be reported on the monthly profit and loss statement provided to the Assistant Superintendent for Finance and Operations. tA0431626.1} Page 19 of 41 Agreement for Management of a School Food Service Program #17-1 13. The FSMC shall not count meals, milk, and snacks served to adults for reimbursement under the National School Lunch Program, and/or the School Breakfast Program, and/or Special Milk Program, and/or After School Care Snack Program. 14. The FSMC shall maintain records to support all allowable expenses appearing on the periodic operating statement. These records shall be kept in an orderly fashion according to expense categories as approved by the SFA. Further, copies of all invoices in support of periodic statements will be provided monthly by the FSMC to the SFA with the reports described above. A detailed expenditure report (in a format mutually agreed to by the parties) will be provided by the FSMC in addition to summary category reports on a monthly basis. The FSMC hereby identifies the method by which it will report discounts, rebates and other applicable credits allocable to the contract that are not reported prior to the conclusion of the Agreement, as follows: For four successive quarters after the conclusion of the contract, FSMC shall conduct quarterly audits to determine if there are any applicable credits, discounts or rebates that are applicable to SFA. If any such credits, discounts or rebates are identified, FSMC will provide a report of such to SFA along with a credit on any amount owed to FSMC or payment in the form of a check if there is no outstanding balance due to FSMC from SFA. The FSMC must maintain documentation of costs and discounts, rebates and other applicable credits, and must furnish such documentation upon request to the SFA, the Massachusetts Department of Elementary & Secondary Education (MDESE), or the U.S. Department of Agriculture 7CFR§210.21(vi). 15. The FSMC shall provide the SFA with a year-end statement of income and expenses for the entire food service program including the auxiliary businesses described in the RFP Exhibit A, SFA Profile. 16. Such records shall be available, for a period of five (5) years from the date of final payment under the contract, or for such other period which the U.S. Secretary of Agriculture of appropriate State officials may from time to time determine, for inspection and audit by representatives of DESE, USDA and the United States General Accounting Office at any reasonable time and place; except that, if audit findings have not been resolved, the records shall be retained beyond the five (5) year period as long as required for the resolution of the issues raised by the audit. Upon termination of any contract term or renewal, the FSMC shall turn overall all records to the SFA's record repository. 17. The SFA reserves the right to review all bids, invoices, any other pertinent records of the FSMC at any time. 18. The FSMC shall fully disclose all discounts, rebates, allowances, and incentives received by the FSMC from its suppliers to SFA. If the FSMC receives a discount, rebate, allowance, or incentive from any supplier, the FSMC must disclose and return to the SFA the full amount of the discount, rebate, or applicable credit that is received based on the purchases made on behalf of the SFA, except for prompt payment discounts received by FSMC from vendors (to the extent SFA has not directly paid said vendors or advanced the funds for payment) which may be retained by the FSMC. The FSMC will identify the tA0431626.1} Page 20 of 41 Agreement for Management of a School Food Service Program #17-1 amount of each discount, rebate and other applicable credit on bills and invoices presented to the SFA for payment and individually identify the amount as a discount, rebate, or in the case of other applicable credits, the nature of the credit. If approved by the DESE, the SFA may permit the FSMC to report this information on a less frequent basis than monthly, but no less frequently than annually 7CFR§210.21(iv). All discounts, rebates, allowances, and incentives must be returned to the SFA during a mutually agreed upon timeframe that is beneficial to the School District. Any fee (including a procurement fee) that is directly tied to the amount of discounts, rebates, and applicable credits to be returned to the SFA is an unallowable nonprofit school food service account cost and will not be paid. In the event that discounts, rebates and/or other applicable credits allocable to this Agreement are earned by the FSMC subsequent to the expiration and/or termination of this Agreement, the FSMC shall report such discounts, rebates and other applicable credits to the SFA by way of a supplemental report. To the extent that such discounts, rebates and/or other applicable credits were not previously credited to the SFA, the FSMC shall refund the amount of such discounts, rebates and/or other applicable credits to the SFA subject to any necessary supplemental reconciliation of the final operating statement provided by the FSMC to the SFA for the final year of the Agreement. 19. The FSMC shall coordinate the sale of all meals and the necessary collection procedures and ensure that all revenues are delivered to the SFA who shall deposit all revenues in the appropriate school food service account(s). 20. Charges to the SFA for goods and services should be reasonable and necessary for the operation of the non-profit school food service program. 21. If reimbursement from DESE is denied as a direct result of the FSMC's failure to comply with the provisions of this Agreement, the FSMC shall reimburse the SFA for the amount to which it would otherwise have been entitled. 22. FSMC and SFA shall work together to ensure a financially sound Food Service Program. FSMC guarantees that the Food Service Program will operate at a surplus of $207,038, excluding the cost of repairs or any other expense outside of FSMC's reasonable control (the "Guarantee"). If necessary, FSMC will reduce its Management Fee to achieve said Guarantee. The Guarantee is based on, and subject to, the following conditions and assumptions remaining in effect throughout the Term: (i) reimbursement rates for National School Lunch Program meals will not be less than the rates estimated in FSMC's proposal (for the Initial Term) or in effect for any prior school year (for any Renewal Term) and the Program will receive the $0.06 federal reimbursement increase published by the USDA; (ii) the value of government donated commodities and/or cash in lieu thereof will not be less than the value of government donated commodities and/or cash in lieu thereof estimated in FSMC's proposal or received during the prior school year; (iii) the number of days meals are served during the school year will be not less than 142 days in the Elementary Schools, 173 days in the Middle Schools and 176 days in the High Schools; (iv) the number of serving periods, locations, serving times and types of service will not differ from as listed in the RFP; (v) the student enrollment for tA0431626.1} Page 21 of 41 Agreement for Management of a School Food Service Program #17-1 the term of the Agreement will be not less than 6800 students in total in all of the schools; (vi) the level of wages, salaries and fringe benefits will not exceed those proposed and listed in the original proposal; (vii) The actual costs charged to the Food Service budget by the SFA shall not exceed the projected operating expenses as set forth in FSMC's proposal; (viii) service will not be interrupted as a result of fire, work stoppage, strike or school closing; (ix) Milk prices shall remain constant throughout the year; (x) There shall be no competitive sales prior to, during or immediately after the breakfast and lunch periods, and the SFA shall fully cooperate with the FSMC to limit the expansion of competitive food sales in order to maximize the gross receipts and other non-cash sales of the Food Service Program, and to ensure that any such competitive sales are in compliance with Federal, State and local law; (xi) selling prices of Menu Pattern Meals and A-La-Carte selections will be not less than those included in FSMC's proposal; (xii) SFA and its representatives including but not limited to, school principals, teachers and SFA employees shall fully cooperate with FSMC in the implementation of the Food Service Program including breakfast in the classroom at all elementary schools; (xiii) The FSMC has not taken into account the effect of meals and/or snacks distributed under the SFA's humanitarian meal policy in establishing the Guarantee. Any meals and/or snacks distributed under such policy that would negatively affect the Guarantee will result in an appropriate adjustment thereof, (xiv) Legislation, regulations and SFA's Wellness Policy or practice shall remain consistent with those at the time of the original proposal; (xv) to the extent applicable, SFA shall approve FSMC's recommended changes relating to food service staff levels and/or staff schedules based on the operational needs of the Food Service Program; and (xvi) there shall be no change in any other operational parameters set forth in the RFP or in any other assumptions contained in the Proposal that would, individually or in the aggregate, have a material adverse effect on the Guarantee. For purposes of clause (xvi) herein only, "material adverse effect" means that the change would reduce revenues by $29,077 or more or increase budgeted cost of goods and/or labor by $24,000 or more. Nothing in this section shall be construed to affect the SFA's authority to alter any conditions or assumptions as is otherwise expressly permitted by the Agreement. In the event any of the foregoing conditions and/or assumptions are changed during the school year, the Guarantee shall be adjusted by an amount equivalent to any increased cost or loss of revenue attributable to the changes in such conditions or assumptions. 23. Subject to the preceding paragraph, the FSMC agrees, at a minimum, to break even for all costs delineated under its responsibilities. The FSMC will make every attempt to have a return provided to the Food Service Revolving Fund to support future equipment purchases and supplies under the responsibility of the SFA. Subject to the provisions of paragraph 22 above, in the event of the FSMC's failure to comply with the provisions of this Agreement, the FSMC shall reimburse the SFA for the amount to which it would otherwise have been entitled. 24. The SFA shall be responsible for paying all applicable taxes and fees as specified in RFP, Exhibit G, Division of Costs for the Food Service Program. Except for sales taxes, the FSMC shall include said taxes and fees in the FSMC's invoices to the SFA for reimbursement by the SFA. These include, but are not limited to, excise tax, State and tA0431626.1} Page 22 of 41 Agreement for Management of a School Food Service Program #17-1 local income taxes, payroll and withholding taxes, unemployment taxes, and workers compensation payments for its employees. With regard to sales tax, the parties will determine by mutual agreement and in accordance with relevant law if any of the services rendered or items furnished hereunder are subject to sales tax. If any of the services or items are subject to sales tax, FSMC shall be responsible for the appropriate collection of sales tax and the reporting of such to the SFA. The SFA shall be responsible for remitting the sales tax to the appropriate entity. If the parties are unable to resolve any dispute or controversy regarding the taxability of any of the services or items, such dispute or controversy shall be settled by a relevant ruling by the Massachusetts Department of Revenue. E. Personnel 1. The FSMC shall be an independent contractor and not an employee of the SFA. Employees of the FSMC shall not be considered to be employees of the SFA. Staffing patterns shall be mutually agreed upon and be limited to that which is necessary for efficient operation. 2. The FSMC will send all employees to the SFA Human Resources Office to complete a CORI/SORI form prior to starting employment with FSMC. All personnel employed by the FSMC will have an approved criminal reference check every three years. 3. The SFA may request in writing the removal of an employee of the FSMC who, after due investigation, is reasonably determined to have violated health requirements or conducted herself/himself in a manner which is detrimental to the physical, mental, or moral well- being of students or of the SFA's personnel as long as such request for removal is non- discriminatory and not in violation of any Federal, State or local laws. If such removal does not take place within one week of the receipt of the request, a meeting shall be held immediately (in person or by telephonic conference) between SFA's HR representative and/or counsel and FSMC's HR representative or counsel to resolve the issue. In the event FSMC disagrees that the SFA has a sufficient legal or contractual basis for seeking the removal of the FSMC's employee, FSMC shall so notify the SFA in writing. In the event of the removal or suspension of any such employee, the FSMC shall restructure its staff without significant disruption in service. 4. The FSMC shall comply with all Federal and State laws regarding wages and hours of employment. 5. The FSMC shall maintain its own personnel policies and fringe benefits for its employees subject to review by the SFA. The FSMC shall provide the SFA with a list of its personnel policies. 6. The FSMC shall provide Worker's Compensation and unemployment insurance for its employees. tA0431626.1} Page 23 of 41 Agreement for Management of a School Food Service Program #17-1 7. The FSMC shall instruct its employees to abide by the policies, rules and regulations with respect to use of SFA premises as established by the SFA and furnished in writing to the FSMC. 8. The FSMC shall cause all employees working in the food service program to comply with the SFA's policies dealing with drug-free workplace and the use of tobacco products. 9. All FSMC and SFA personnel assigned to each school shall be instructed on the use of all emergency valves, switches, and fire and safety devices in the food preparation, serving and dining areas. 10. The FSMC shall provide the SFA two full calendar weeks prior to the commencement of operation with a schedule of employees, positions, assigned locations, salaries and hours to be worked. The SFA shall approve the staffing plan prior to commencement of operations and prior to any changes made during the term of the contract. 11. FSMC shall inform the SFA prior to hiring Senior Management positions for the SFA's Food Service Program. Specifically, all persons to be hired as Food Service Directors, Assistant Directors and Supervisors must be presented for the SFA's evaluation and approval, such approval not to be unreasonably withheld or delayed. If approval has not be granted or withheld in writing within fifteen (15) days after a candidate has been presented to the SFA, approval shall be deemed to have been granted. FSMC shall provide qualified management/professional employees to manage the Food Service Program and supervise all employees employed therein. During the term of this Agreement and for one (1) year thereafter, SFA shall not solicit FSMC management, supervisory or professional employees (including without limitation any Vice President, Director, Manager, Chef, Dietician or Nutritionist) providing services under this Agreement to work in a similar food service capacity whether at the SFA food service facility or elsewhere, nor will SFA permit the employment of said individuals by others in any operation providing food service throughout the SFA district. SFA further covenants and agrees not to hire, nor allow to be hired by others to perform work on behalf of SFA or on SFA premises, any Whitsons management/supervisory/professional employees providing services under this Agreement for a period of one (1) year following the employee's termination of employment with Whitsons. If at any time during the term of this Agreement or upon the expiration or termination of this agreement, SFA nevertheless hires, or causes to be hired, a Whitsons management/supervisory/professional employee in contravention of this paragraph, then SFA in recognition of FSMC's considerable investment in attracting and training such employee agrees to pay a fee to FSMC equal to the annual salary of said employee as liquidated damages. Said fee shall be due and payable upon the hiring of said employee by SFA or SFA's affiliate, agent or contractor. F. Facilities tA0431626.1} Page 24 of 41 Agreement for Management of a School Food Service Program #17-1 1. The FSMC shall be entitled to use the SFA's facilities for the preparation and service of food at the sites listed in the RFP, Exhibit A, SFA Profile. 2. The FSMC shall comply with all of the SFA's building rules and regulations. 3. The FSMC shall provide specified types of service in the locations listed in the RIP, Exhibit A, SFA Profile. 4. Pursuant to 7 CFR § 210.16(a)(7), the FSMC will develop and follow the Hazard Analysis Critical Control Point (HACCP) plan which complies with the Massachusetts State Department of Education and Massachusetts Department of Public Health standards for the process approach to HACCP implementation. Each preparation kitchen and serving facility shall have a current HACCP Plan that complies with the requirements of the Massachusetts Department of Elementary and Secondary Education and the 5. Massachusetts Department of Public Health. The plan shall include standard operating procedures, process identification, control measures, regular monitoring, corrective actions, and record keeping. 6. The FSMC will be responsible for routine cleaning and housekeeping in the food preparation and service areas including food service equipment, and grease filters. The Lexington Department of Public Facilities will be responsible for routine cleaning and housekeeping in other areas including cafeterias, kitchen floors, hoods, compressors, plumbing connections, and electrical service. 7. The FSMC shall ensure that food service workers clean daily (or arrange for cleaning) the kitchen area, including but not limited to sinks, counters, grease traps, stoves, tables, chairs, silverware, and utensils. 8. The FSMC shall clean the kitchen area, including but not limited to freezers, refrigerators, stoves, sinks, counters, floors, tables, chairs, silverware and utensils, supplying its own mops and cleaning equipment, in compliance with all Lexington Board of Health requirements. 9. The FSMC shall ensure that food service workers place garbage and trash in appropriate bags and place in designated areas daily. The FSMC will provide its own trash bags. 10. The FSMC shall ensure that food service workers operate and maintain all equipment in a clean, safe, and healthy condition in accordance with standards acceptable to the SFA and comply with all applicable laws, ordinances, regulations and rules of federal, state, and local authorities. The FSMC shall arrange for periodic safety inspections of equipment. The FSMC will work cooperatively with Public Facilities personnel in conducting such maintenance. 11. Upon the termination of this Agreement, the FSMC shall surrender to the SFA all equipment and furnishings located in the food services facilities and/or listed on the certified inventory of all System owned property, whether it constitutes Capital or tA0431626.1} Page 25 of 41 Agreement for Management of a School Food Service Program #17-1 Expendable equipment. Such property and equipment, or its equal quality replacement, must be returned to the SFA in the same order and condition as when received by the FSMC, reasonable wear and tear, damage from fire not caused by the FSMC's negligence, and other hazards alone excepted. 12. The FSMC will provide the SFA with a planned equipment upgrade for budget purposes in the month of September preceding the start of the SFA's next fiscal year. The FSMC may not limit the SFA's selection of vendors for such equipment in any way. 13. No alterations, changes, or improvements shall be made to the areas granted to the FSMC by the FSMC or any of its affiliates or employees without prior written permission of the SFA. 14. The FSMC shall maintain the inventory of silverware, trays, chinaware, glassware, kitchen utensils, and other operating items necessary for the food service operation. 15. The FSMC shall use appropriate storage practices and maintain food and nonfood inventories. 16. The FSMC shall provide locks for storage and office areas under its direct supervision. At least one set of keys to those locks shall be provided to the SFA. 17. The FSMC shall notify the SFA of any equipment belonging to the FSMC on the SFA's premises within ten (10) days of its placement on the SFA's premises or if present at the start of this Agreement and such equipment of the FSMC shall be properly tagged. 18. The FSMC shall pay for oil and gas used by its owned, hired, or other vehicles under its supervision that are used for delivering food or nonfood commodities. 19. The FSMC shall provide its own drivers for owned, hired, or other vehicles under its supervision that are used for delivering food or nonfood commodities. G. Performance Security 1. The FSMC shall furnish a performance bond for each year of the contract. The amount of the bond shall be equal to 25% of the yearly amount of the contract. The bond must be from a surety company listed in the most recent U.S. Department of the Treasury Circular 570. The performance bond for the first year of the contract must be presented within five (5) days of the execution of the contract. The performance bond for the second and third year(if the contract is extended) must be presented in July of 2018 and 2019. 2. In the event of an FSMC breach which remains uncured, the SFA may retain an equitable pro-rated portion of the performance bond stipulated above as a result of such nonperformance. H. Insurance tA0431626.1} Page 26 of 41 Agreement for Management of a School Food Service Program #17-1 1. The FSMC shall obtain and keep in force during the term of this Agreement, for the protection of the SFA and the FSMC, Comprehensive General Bodily Injury and Property Damage Liability Insurance, to include Fire Legal Liability a limit of at least one million dollars ($1,000,000) each occurrence/two million dollars ($2,000,000) General Aggregate including but not limited to Personal Injury Liability, Broad Form Property Damage Liability, Blanket Contractual Liability and Products Liability, covering only the operations and activities of the FSMC under this Agreement. 2. The FSMC shall provide Automobile Liability in the amount of $1,000,000 Combined Single Limit for any owned, non-owned and hired autos used in the services provided under this Agreement. 3. The FSMC shall provide worker's compensation with statutory benefits for the State of Massachusetts and unemployment insurance as specified on RFP, Exhibit G, Division of Costs for the Food Service Program. The policy should also include Employers Liability with limits of$500,000/$500,000/$500,000. 4. The FSMC shall maintain an Umbrella/Excess Liability Policy in the amount of at least $5,000,000 which will be excess of the General Liability, Automobile Liability and Employers Liability. 5. The SFA shall be named an additional insured on all required insurance policies (except Workers Compensation), but only with respect to operations of the FSMC under its Agreement with the SFA. 6. The contract of insurance shall provide for notice to the SFA of cancellation of insurance policies thirty (30) days before such cancellation is to take effect. 7. The FSMC shall deliver to the SFA a certificate of insurance within thirty (30) days after the execution of this Agreement for all required policies. The certificate of insurance shall contain: a) names and addresses of insured; b) titles and locations of the operations to which the insurance applies; c) number of the policy and type or types of insurance in force thereunder on the date of the certificate and d) expiration date of the policy. 8. Insurance policies, bid bonds and assurances must be issued by firms permitted to provide insurance in the Commonwealth of Massachusetts with at least a Best's Insurance Reports rating of A to A- (excellent). 9. The SFA shall obtain and maintain insurance for its facilities, service equipment, offices and utilities against risks covered by standard forms of fire, theft and extended coverage in such amounts under such policies as appropriate. I. Contribution and Indemnification tA0431626.1} Page 27 of 41 Agreement for Management of a School Food Service Program #17-1 1. The FSMC shall indemnify and hold harmless the SFA or any employee, director, or agent of the SFA, from and against all claims, damages, losses, and expenses (including attorney fees incurred to defend litigation), decrees or judgments whatsoever arising from any and all injuries, including death or damages or destruction of property, resulting to any third person or persons, corporation, partnerships or associations caused by any negligent act or omission of the FSMC and its agents, servants or employees in performance of its obligations under the terms of this Agreement. The foregoing notwithstanding, in no event shall FSMC be liable for any lost profits, or indirect, consequential, special or incidental damages arising out of the services hereunder. 2. The FSMC accepts liability caused by FSMC negligence for claims assessed as a result of Federal and State reviews and/or audits corresponding with the SFA's period of liability. 3. The FSMC accepts liability for any negligence on its part that results in any loss of, improper use of, or damage to USDA donated foods. 4. To the full extent permitted by law, the SFA shall indemnify, defend, and hold harmless the FSMC, including, without limitation, its shareholders, directors, officers, agents, employees, affiliates and assigns, from any and all losses, damages or expenses, including without limitation reasonable attorneys' fees, to the extent arising out of or resulting from claims or actions for bodily injury, death, sickness, property damage or other injury or damage if caused by any breach of this Agreement or any negligent act or omission or willful misconduct of the SFA, including without limitation the taking of an unreasonable position under Section IV(E)(3) of this Agreement, its employees or agents in the performance of(or failure to perform)its obligations hereunder. 5. Notification of an event giving rise to an indemnification claim (Notice) must be given to the indemnifying party within thirty (30) days following receipt of such claim by the indemnified party and shall include a brief factual summary of the damage and cause thereof. An indemnification claim is expressly subject to and conditioned upon compliance with the Notice provisions hereunder; provided that the provision of a late Notice to the indemnifying party will not relieve the indemnifying party from any liability which it may have to the indemnified party under this Section I, unless such delay materially prejudices the ability of the indemnifying Party to defend against such action or claim. 6. Neither party shall be required to indemnify or hold harmless the other party from any liability or damages arising from the negligent acts of the other party. 7. The foregoing provisions concerning contribution and indemnification shall not apply to the FSMC's or SFA's liability under applicable worker's compensation laws. Nor shall the foregoing be deemed a waiver of any defenses to which the FSMC or the SFA may be entitled under applicable worker's compensation laws. J. Rights and Responsibilities Applicable to Both Parties tA0431626.1} Page 28 of 41 Agreement for Management of a School Food Service Program #17-1 1. The SFA and FSMC shall follow mandatory standards and policies relating to energy efficiency contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act at 7 CFR Part 316.36(i). The FSMC shall also comply with the Town of Lexington's Energy Policy, RFP, Exhibit S and the goals stated therein. The FSMC shall cooperate with the Department of Public Facilities on energy saving measures, which may include, without limitation, shutting down freezers at some schools during the summer months to the extent feasible without damaging any food inventory. 2. The SFA and FSMC shall comply with the Fair Labor Standards Act, as amended, to include Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR, Part 5) pursuant to 7CFR, Section 3016.36(i)(6). 3. The SFA and FSMC shall comply with Executive Order 11246 entitled "Equal Employment Opportunity," as amended by Executive Order 11375, as supplemented in Department of Labor regulations at 41CFR Part 60 pursuant to 7CFR, Section 3016.36(i). 4. The SFA and FSMC shall not discriminate on the basis of disability, race, color, sex, national origin, age, or any other category prohibited by law, as defined by applicable governmental law, in the recruitment, selection, training, utilization, promotion, termination, or other employment related activities concerning food service personnel pursuant but not limited to Titles VI and VII of the Civil Rights Act of 1964, G.L. c. 15113, and any other civil rights requirements applicable to the SFA. This fundamental rule of conduct will be clearly communicated to all employees, prospective employees and the community at large. In addition, each part affirms that it is an equal opportunity and affirmative action employer. The FSMC shall take affirmative action to ensure that applicants are selected, and that employees are treated during their employment, without regard to their race, religion, color, sex, age, sexual orientation, national origin or presence of any sensory, mental or physical handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The FSMC further agrees to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. 5. The SFA and FSMC shall not take part in, promote, or consent to any activity that would constitute a violation of Mass. General Laws, Ch. 268A. 6. All procurement for goods and services related to this Agreement shall conform to Federal procurement standards which provide for maximum open and free competition (7 CFR Part 3016 for public schools). The FSMC shall maintain documentation of compliance with these standards at its offices on the SFA's property. 7. The SFA and FSMC shall not employ any persons to perform services in the food service program who do not meet health requirements under the Massachusetts 1999 Food Code, tA0431626.1} Page 29 of 41 Agreement for Management of a School Food Service Program #17-1 105 CMR 590.000. Food employees shall conform to employee health and hygiene requirements in 105 CMR 590.000. 8. Pursuant to 7 CFR § 3016.36(i)(12), The FSMC and SFA shall comply with all applicable standards, orders or requirements issued under section 306 of the Clean Air Act (42 U.S.C. §1857(h)), section 508 of the Clean Water Act (33 U.S.C. § 1368), Executive Order 11738, and Environmental Protection Agency ("EPA") Regulations (40 CFR Part 15), which prohibit the use under non-exempt Federal contracts, grants or loans of facilities included on the EPA list of Violation Facilities. Violations shall be reported to the U.S. Department of Agriculture and to the USEPA Assistant Administrator for Enforcement (EN-329). The FSMC shall assume complete responsibility for any violation of said standards, orders or requirements. 9. Each party shall comply with the laws, ordinances, rules and regulations of all applicable Federal, State, county and city governments, bureaus and departments concerning the sanitation, safety and health of the food service operations, and the implementing regulations of the USDA issued thereunder and any additions or amendments thereto. 10. Conflict of Interest. The FSMC certifies that no official or employee of the Town of Lexington has a financial interest in this bid or in the Agreement with the FSMC, offers to execute or in the expected profits to arise therefrom, unless there has been compliance with the provisions of M.G.L. c 268A. The FSMC certifies that it will require employees to adhere to said Chapter 268A as it pertains to public employees and students in this financial arrangement. 11. Licenses and Permits: The FSMC shall obtain all required licenses and permits pertaining to work under this Agreement. The FSMC shall submit copies of such licenses and/or permits upon request. The SFA shall obtain and post all applicable health permits for the SFA's facilities. 12. Debarment or Suspension: The FSMC certifies that it has not been debarred or suspended under M.G.L. c. 29, § 29F, nor will the FSMC contract for supplies from a debarred or suspended subcontractor on any public contract. 13. Proprietary Materials. SFA acknowledges that the names, logos, service marks, trademarks, trade dress, trade names and patents, whether or not registered, now or hereafter owned by or licensed to FSMC or its affiliated and parent companies (collectively "Marks") are proprietary Marks of FSMC, and SFA will not use the Marks for any purpose except as expressly permitted in writing by FSMC. Upon termination of this Agreement, SFA shall (a) immediately and permanently discontinue the use and display of any Marks and make or cause to be made such changes to the Premises as Whitsons shall reasonably direct so as to effectively distinguish the Premises from its former appearance (collectively "De-Image"), and (b) immediately remove and deliver to FSMC all goods bearing any Marks. If SFA shall fail to De-Image the Premises within 30 days of the termination date, FSMC and its agents shall have the right to enter the tA0431626.1} Page 30 of 41 Agreement for Management of a School Food Service Program #17-1 Premises and De-Image the Premises without prejudice to FSMC's other rights and remedies. 14. Confidentiality. In the course of providing the services hereunder, the Parties may be exposed to trade secrets or other confidential or proprietary information and materials of the other Party including, but not limited to, menus, recipes, signage, Food Service Program surveys and studies, management guidelines, procedures, operating manuals and software, all of which shall be identified as confidential ("Confidential Information"). The Parties agree to hold in confidence and not to disclose any Confidential Information during the Term of this Agreement and at all times thereafter, except that the Parties may use or disclose Confidential Information: (a) to its employees and affiliates or others to the extent necessary to render any Food Service hereunder, provided that the other Party is first notified of the information that will be provided to any party outside of this Agreement and provided further that such information is disclosed only after such outside party is required and agrees to maintain it in confidence as required hereunder; (b) to the extent expressly authorized by either Party in writing; (c) to the extent that at the time of disclosure, such Confidential Information is generally available or known to the public, or after disclosure hereunder becomes generally available or known to the public other than by breach of the terms of this Agreement; (d) that is in the possession of either Party at the time of disclosure and is not acquired directly or indirectly from the other Party; (e) that is subsequently received on a non-confidential basis from a third party having a right to provide such information; or (f) as required by law or court order during the course of a judicial or regulatory proceeding or as required by a government authority. The Parties agree not to photocopy or otherwise duplicate any Confidential Information without the express written consent of the other Party. Each Party's Confidential Information shall remain the exclusive property of the Party and shall be returned to the other Party upon termination or expiration of this Agreement, or at any time upon request. This section is subject to the Massachusetts Public Records Law, and the SFA's good faith efforts (with advice of counsel) to comply with such law shall not constitute a breach of this provision of the Agreement. Subject to the preceding sentence, SFA shall use its best efforts in good faith to inform FSMC of any written public records requests under this law that include a request of Confidential Information, so that it may assert any applicable exemptions or exclusions. tA0431626.1} Page 31 of 41 Agreement for Management of a School Food Service Program #17-1 Signatures IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above. SFA: Lexington Public Schools Authorized Signature Ian Dailey, Assistant Superintendent for Finance and Operations Name, Title (printed) Date FSMC: Whitsons New England, Inc. Authorized Signature Name, Title (printed) Date tA0431626.1} Page 32 of 41 Agreement for Management of a School Food Service Program #17-1 Exhibit A - Food Service Management FSMC (FSMC) Affidavits tA0431626.1} Page 33 of 41 Agreement for Management of a School Food Service Program #17-1 Certificate of Independent Price Determination Both the SPONSOR and CONTRACTOR(i.e.the"offeror")shall execute this Certificate of Independent Price Determination. A. By submission of their offer,the offeror certifies and in the case of a joint offer,each party thereto certifies as to its own organization,that in connection with this procurement: 1. The prices in this offer have been arrived at independently,without consultation,communication or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other offeror or with any competitor, 2. Unless otherwise required by law,the prices which have been quoted in this offer have not been knowingly disclosed by the offeror and will not knowingly be disclosed by the offeror prior to opening in the case of an advertised procurement,or prior to award in the case of a negotiated procurement,directly or indirectly to any other offeror or to any competitor;and 3. No attempt has been made or will be made by the offeror to induce any person or firm to submit or not to submit an offer for the purpose of restricting competition. B. Each person signing this offer on behalf of the Food Service Management FSMC certifies that: 1. He or she is the person in the offeror's organization responsible within the organization for the decision as to the prices being offered herein and has not participated,and will not participate,in any action contrary to A.1.through A.3. above;or 2. He or she is not the person in the offeror's organization responsible with the organization for the decision as to the prices being offered herein,but that he or she has been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated and will not participate,in any action contrary to A.1.through A.3.above,and as their agent does hereby so certify,and he or she has not participated,and will not participate,in any action contrary to A.1.through A.3.above. To the best of my knowledge,this food service management FSMC,its affiliates,subsidiaries,officers,directors and employees are not currently under investigation by any governmental agency and have not in the last three years been convicted or found liable for any act prohibited by State or Federal law in any jurisdiction,involving conspiracy or collusion with respect to bidding on any public contract,except as described on the attached sheet(if applicable): Name of Food Service Management FSMC Signature of Food Service Management FSMC's Authorized Representative Title Date In accepting this offer,the sponsor certifies that no representative of the sponsor has taken any action which may have jeopardized the independence of the offer referred to above. Lexington Public Schools,MA Name of Sponsor Signature of Sponsor's Authorized Representative Title Date tA0431626.1} Page 34 of 41 Agreement for Management of a School Food Service Program #17-1 Lexington Public Schools Certificate of Non-Collusion M.G.L. Ch. 30B, §10, BID PROPOSALS: Certificate of Non-Collusion - MANDATORY. The undersigned certifies, under the penalties of perjury, that this bid has been made and submitted in good faith and without collusion or fraud with any other person. As used in this section, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club or other organization, entity or group of individuals. Company or Corporation Dated: Authorized Official's Signature ATTESTATION STATEMENT: State Taxes Paid MANDATORY Pursuant to M.G.L. Ch. 62C, § 49A, I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes required under law. State tax paid to using Federal ID or SS# 1 Company or Corporation Dated: Authorized Official's Signature 1 The Bidder's Social Security Number and Federal Identification Number will be furnished to the Massachusetts Department of Revenue to determine whether the bidder has met tax filing or tax payment obligations. This request is made under the authority of M.G.L. c. 62C, § 49A. tA0431626.1} Page 35 of 41 Agreement for Management of a School Food Service Program #17-1 Certificate Of Authority At a duly authorized meeting of the Board of Directors of (name of corporation) held on* at which all the Directors were present or waived notice, it was voted that , of this (date) (name) (office) corporation, be it he or she, hereby is authorized to execute bid documents, contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any bid document or contract or obligation in this corporation's name on its behalf under seal of the corporation, shall be valid and biding upon this corporation. ATTEST: (clerk or secretary) Place of Business: I certify that I am the clerk/secretary of the (name of Corporation) and that is the duly elected (name) (office) and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below. ATTEST: (clerk or secretary) Date:** * This date must be on or before the date of the Contract ** This date must be on or before the date of the Contract tA0431626.1} Page 36 of 41 Agreement for Management of a School Food Service Program #17-1 Certification Regarding Lobbying Form Calfim6m Fwr Cmillowft.Groils,f rtwaea„and Cmipwalve The uumddaiva;r wd coetwes,to eta lbed of i anr,Ihar keisavAodga and baW,drat 11'1 Nw;a Fadaaag ag4S l Oawlad funds ftawaa fnaan gaawd or ww4 be paid,fwf or on fwafoU waA twa uondamadpgguad„s my Person twe iri6xenuhl Cir abtakpifv b my, am h uf aw a of W agwicy,a Id w e OF Congrosa,W ssow rar dork"of C Vell er m"byft Cet a Wribew 01cmWal a mwamosan Wim wa awwardnq of any Fedw d w°sewtlawa4 thir rn along 4"Fukw,s Wail a mreaawrawq of am y Fadwd!swan ha am g uar 40 fartf Goo wlaa ag f„ lnauar wn,wua " AIM'wm mamwawaag„4"Wril www rftodf uurn of sty IF far'sk a:aesa 4*gian�hoar or as a mamma Ord. 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APPIUCAWS ORGANIVATON Fi .....I Fimaf im. Widd Nki.m ....................� LaW a m'Tl1Wa: " ATf RE, *DATE (A0431626.1} Page 37 of 41 Agreement for Management of a School Food Service Program #17-1 Disclosure Of Lobbying Activities Form DISCLOSURE OF LOBBYING ACTIVITIES Approved 6tyOMB Complete this,form to disclose lobbying activities pursuant to 31 U.S.C, 1352 0348-0046 (See reverse for pulallc burden diisclosur .) 1.Type of Federal Action: 2.Status of Federal)Action: 3.Report Type: F-1 a. contract 7a. b dlofferlapplication a initial filing la.grant b. ontial award b. material change. c.cooperative agreement c.post-award For Material Change Only: d. loan year gruarter e. loam guarantee date of Vast report f.loan insurance 4. Name and Address of Reporting Entity: 5,If Reporting Entity in No.4 is a Subawwardee,Enter Nlame ❑Prime ❑8audaawrtardee and Address of Prime: Trier , if known Congress ional District, ifknown. 4c Congressional District„ if known: , Federal DepartmentlAgency: 7,Federal Program Name/Description: GAB=DA Number„ if applicable : 8, Federal Action Number,ifknown: 9,Award Amount,if known: 10,a.Name and Address of Lobbying Registrant b.Individuals Performing Services(including address if (if individual,last name„ first name, l): different from No. ltla) last name,first name„Ml): Orof"=re4*st fhm u t choir s�r�z G b t 31 US C.secko 110 1,W. 'Ns dsdowi e cf Lbbyrg advibes is a mnaieriA r%"sert can�d fard Signature: upw vwhch rsharrcoe was e ado*Wien fts trzs&ft¢v was uu& or elewl iretz Hods dsudrrsuure is rwrluured pursuaN to 31 U3 G, 1363, "acids Pnnt Name. ebmatw ut be anWe Err pmrtdc rtqwfrso. Any person W-*fats 4u%r retpiTed dsdossre"as ukoso to dw mmyrdnot�ess than$16,0W wd Title: not nyo dare S 100,DOD for ewJi such fxVxe Telephone No.: Date: #uPldioi coed for Lo+W ReproductionFe Federal a Only: standarcd Fumy O LL(Rev.7-97) (A0431626.1} Page 38 of 41 Agreement for Management of a School Food Service Program #17-1 Certification Regarding Debarment, Suspension, Ineligibility & Voluntary Exclusion Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion- Lower Tier Covered Transactions SFAs are required to ensure that all sub-contractors and sub-grantees are neither excluded nor disqualified under the suspension and debarment rules found at 2 CFR 200.212 by doing any one of the following: ■ Checking the Excluded Parties List found at the System for Award Management www.SAM.gov; ■ Collecting a certification that the entity is neither excluded nor disqualified. Since a Federal certification form is no longer available, the grantee or sub-grantee electing this method must devise its own; ■ Including a clause to this effect in the sub-grant agreement and in any procurement contract expected to equal or exceed $25,000,awarded by the grantee or a sub-grantee under its grant or sub-grant; ■ Sub-grantee and contractors must obtain a DUNS Number. All Federal Government awards are required to have a DUNS number.To obtain a DUNS number,contact Dun and Bradstreet at 1-- 866-705-5711 or visit their website at https://eur)date.dnL.com/requestoptions.asp. There is no charge for a DUNS number.The DUNS number serves as a means of tracking and identifying applications for Federal assistance and is required on all applications for Federal assistance... This certification is required by the regulations implementing Executive Order 12549,Debarment and Suspension. 2 CFR 200.212 Suspension and Debarment. The regulations were published as Part III of the December 26,2013,Federal Register (pages 78590-78691). Copies of the regulations may be obtained by contacting by contacting the Department of Agriculture agency with which this transaction originated. (BEFORE COMPLETING CERTIFICATION,READ INSTRUCTIONS ON NEXT PAGE) 1. The prospective lower tier participant certifies,by submission of this proposal, that neither it nor its principals is presently debarred, suspended,proposed for debarment, declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Organization Name Name and Title(s) of Authorized Representative(s) Signature(s) tA0431626.1} Page 39 of 41 Agreement for Management of a School Food Service Program #17-1 Instructions for Certification 1. By signing and submitting this form, the prospective lower tier participant is providing the certification set out on the reverse side in accordance with these instructions. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification,in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension and/or debarment. 3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms"covered transaction,""debarred,""suspended,""ineligible," 'lower tier covered transaction," "participant,""person," "primary covered transaction," "principal,""proposal," and"voluntarily excluded," as used in this clause,have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this form that, should the proposed covered transaction be entered into,it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible,or voluntarily excluded from participation in this covered transaction,unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this form that it will include this clause titled "Certification Regarding Debarment,Suspension,Ineligibility and Voluntary Exclusion-Lower Tier Covered Transactions,"without modification,in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred,suspended,ineligible,or voluntarily excluded from the covered transaction,unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may,but is not required to,check the Nonprocurement List. 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions,if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred,ineligible,or voluntarily excluded from participation in this transaction,in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies,including suspension and /or debarment. tA0431626.1} Page 40 of 41 Agreement for Management of a School Food Service Program #17-1 Corporate/Partnership Form NOTE: If the bidder is a corporation, indicate state of incorporation; if a partnership, give full names and addresses of all partners; and if an individual, give residential address if different from business address. Use the following spaces: If a Corporation: Incorporated in what state: President: Treasurer: Secretary: If a foreign corporation (incorporated or organized under laws other than laws of the Commonwealth of Massachusetts), is the corporation registered with the Secretary of State of Massachusetts? Yes No If the bidder is selected for the work referred to above, it is required under M.G.L. c.30 §39L to furnish to the awarding Town a certificate of the Secretary of State stating that the corporation has complied with M.G.L. c.181 §§3, 5 and the date of such compliance. If a Partnership: (Name all Partners) Name of Partner: Residence: Name of Partner: Residence: If an Individual: Name: Residence: If an Individual doing business under a firm name: Name of Firm: Name of Individual: Business Address: Residence: Other form of business organization: tA0431626.1} Page 41 of 41 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve 52 Lowell Street Local Initiative Program Application (10 min) PRESENTER: ITEM NUMBER: Bill Kennedy, Bob Burbidge, LexHab; Pat Nelson, Esq. representing LexHab 1.4 SUMMARY: A vote is requested for his agenda item. Lexhab is prepared to move forward with the affordable housing project for 52 Lowell Street. One step in this process is to receive approval from the Department of Housing and Community Development(DHCD) for the Local Initiative Program(LIP) comprehensive permit application. SUGGESTED MOTION: Move to approve and authorize the Chairman to sign the Local Initiative Program affordable housing/comprehensive permit application for 52 Lowell Street. FOLLOW-UP: LexHab will file LIP application. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:30 p.m. ATTACHMENTS: Description Type MASSACHUSETTS Department of Housing and Community Development Local Initiative Program Application for Comprehensive Permit Projects INSTRUCTIONS n Please submit three copies of the application and attachments. Note: only one set of site plan and sample elevations (attachments 11 and 12 noted on page 22) are required. An application fee, payable to the Department of Housing and Community Development, shall be submitted with the application. The schedule of fees is as follows: Project Fee plus Per Unit Fee Municipality $1,000 $30 Non-Profit $1,750 $40 All Others $4,000 $50 Mail to: Local Initiative Program Department of Housing & Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Attn: Alana Murphy, Deputy Associate Director To complete the application electronically, simply position your cursor on a line and type. Use the tab key to move between questions. If you have any questions, please refer to the DHCD 40B Guidelines, specifically Section VI. For further assistance, contact Alana Murphy at 617-573-1301 or alana.murphy(Qstate.ma.us. NOTE: For Rental Projects, to complete information on Project Feasibility (Section X), go to the One Stop Application at http://www.mhic.com and complete Section 3 Sources and Uses and Section 4 Operating Pro Forma. Submit the sections with the Application Application Contents: I. General Information VIII. Surrounding Area II. Community Support IX. Financing III. Municipal Contact Information X. Project Feasibility IV. Development Team XI. Development Schedule V. Project Information XI I. Marketing Outreach and Lottery VI. Site Information XIII. Checklist of Attachments VI I. Design and Construction January 2016 _1_ MASSACHUSETTS Department of Housing & Community Development Local Initiative Program Application for Comprehensive Permit Projects I. GENERAL INFORMATION Community: Lexington Name of Development: Busa Farm Site Address: 52 Lowell Street Developer: Lexington Housing Assistance Board (LexHAB) 1. Type of Housing: ❑ Single Family house X Rental ❑ Condominium ❑ Age Restricted 2. Project Characteristics: X New Construction ❑ Conversion ❑ Rehabilitation ❑ Other 3. Total Acres .462 Density of Project (units/acre) 13 4. Unit Count: 6 Total Number of Units 6 Market Rate $1,654-1,862 Affordable $1,240-1,396 (60%) 5. Unit Prices/Rents: Market Rate $1,654-1,862 Affordable $1,240-1,396 (60%) Required Signatures for the Comprehensive Permit Project Application Chair, Board of Selectmen: Chair, Local Housing Partnership Signature: Signature: Print Name: Suzanne Barry int Name: Melinda Walke. Date: t -2- II. COMMUNITY SUPPORT 1. Letter of Support from Municipality -Attach a letter containing a short narrative on the basics of the project, the history of the project, the ways in which the community is providing support, and how the development team has addressed any concerns the community has. The letter must be signed by the chief elected official of the community. 2. Letter of Support from Local Housing Partnership- If the community has a housing partnership, please attach a letter from them indicating their support for the project. The letter should summarize how the partnership has been working with the developer. 3. Local Contributions - Check off all that apply and provide a brief description at the end. X Land donation (dollar value $250,052) CPA ❑ Building donation (dollar value ) ❑ Marketing assistance ❑ Other work by local staff X Density increase ❑ Waiver of permit fees ❑ Other regulatory or administrative relief (specify) X Local funds (cash) Amount $2,007,383 Source: Community Preservation Act (land and buildings) ❑ Agreement by a lender to provide favorable end-loan financing (ownership projects only) X Other (specify) Property tax relief Briefly explain the contributions: The proposed development has been awarded CPA funds of$1,284,652. The remaining$722,731 to develop the property will be requested from the Town's CPA fund.This Comprehensive Permit will allow for more density than would be allowed under current zoning and the Town will not charge property taxes during construction or operation of the proposed project. The Town purchased the locus as part of a larger parcel,then conveyed the locus to the Developer, as a Town of Lexington municipal corporation, for nominal consideration. See attached Deed. 4. Municipal Actions and Local Plans - Briefly describe how the project fits with any planning the community has done (e.g. master plan, community development plan, affordable housing plan) and other local land use and regulatory actions that provide the opportunity for affordable housing (including multi-family and overlay districts, inclusionary zoning by-laws and ordinances). The Town's Housing Production Plan, passed in March 2014, sets six goals,four of which are supported by this project: 1. This project promotes the goal of maintaining Lexington's Subsidized Housing Inventory(SHI) above 10% by insuring new affordable housing unit development keeps pace with total housing unit growth. 2. This project provides more housing options for Lexington's low income households earning less than 80%AMI (area median income) by developing affordable housing units on land already acquired by the Town;and by allocating Community Preservation Act(CPA)funds to LexHAB for continuing development of affordable units that meet Department of Housing and Community Development(DHCD)SHI requirements. 3. This project provides housing options tailored to the needs of seniors and those with disabilities by including an accessible unit. 4. This project incorporates sustainable building practices by focusing on energy-conservation and the use of renewable energy. -3- Ill. MUNICIPAL CONTACT INFORMATION Chief Elected Official Name Board of Selectmen Chair Suzanne E. Barry Address 1625 Massachusetts Ave., Lexington, Ma. Phone 781-698-4580 Email selectmen Ccb-lexingtonma.gov Town Administrator/Manager Name Carl Valente, Town Manager Address 1625 Massachusetts Ave., Lexington, Ma Phone 781-698-4540 Email townmanager@lexingtonma.gov City/Town Planner (if any) Name Aaron Henry Director of Planning Address 1625 Massachusetts Ave., Lexington, Ma. Phone 781-698-4562 Email ahenUC-lexingtonma.gov City/Town Counsel Name Anderson & Kreiger, LLP Address 50 Milk St. 21st floor, Boston, Ma. Phone 617-621-6500 Email mmachado@andersonkreiger.com Chairman, Local Housing Partnership (if any) Name Melinda Walker Address 1625 Massachusetts Ave., Lexington, Ma Phone 781-863-5362 Email lexingtonhousingpartnership.orq/contact.php (website) Community Contact Person for this project Name Bill Hays Address 1620 Massachusetts Ave., Lexington, Ma Phone 617-423-5599 Email billandsuehays(c-),aol.com -4- IV. DEVELOPMENT TEAM INFORMATION (include all development members) Developer Name LexHAB Address 1620 Massachusetts Avenue Suite 4, Lexington, Ma 02420 Phone 781-863-5362 Email LexHab(a)-verizon.net Tax ID 22-3073668 Contractor Name in process Address Phone Email Tax ID Architect Name Nickerson Development Services Address 54 Pleasant St., Woodstock Vt. 05091 Phone 802-356-1416 Email bennickerson(-,rocketmail.com Tax ID 46-1592832 Engineer Name Noonan & McDowell, Inc. Address 25 Bridge St., Suite 6, Billerica, Ma 01821 Phone 978-667-9736 X 23 Email inoonan(o)noonanmcdowell.com Tax I D 04-2934613 Attorney Name Patricia S. Nelson Address 7 Hartwell Ave., Lexington, Ma 02421 Phone 781-863-8688 Email pnelson(cmasslaw.us Tax ID 04-2888689 Housing Consultant Name Metro West Collaborative Development, Inc. Address 79B Chapel St., Newton, Ma 02458 Phone 617-923-3505 Email 0vc .metrowetscd.org Tax I D 22-3073668 Marketing/Lottery Agent Name Metro West Collaborative Development, Inc. Address 79B Chapel St., Newton, Ma. 02458 Phone 617-923-3505 Email ivc(o),metrowestcd.org Tax I D 22-3073668 -5- TEAM EXPERIENCE — DEVELOPER/CONTRACTOR QUALIFICATIONS Complete the charts on the following pages for all housing projects undertaken by the developer and the contractor during the past five years. Include projects currently in construction. Provide owner references for each project, including a current phone number. Alternatively, a resume outlining the experience that covers the items listed on the chart below may be submitted. 1. Developer:�LexHAB ff Summary Project#1 Project#2 Project#3 Project#4 Name: 13 Fairview 11 Fairview Wilson Rd. 454 Marrett Rd. nity Address: 13 Fairview, Lexington 11 Fairview, Lexington 1 Wilson Rd., Lexington 454 Marrett Rd., Lexington Housing Type: Rental Rental Single Family Single Family Number of Units: 3 2 1 1 Total Development $335,045 without land $168,812 without land $419,766 without land $437,275 without land Costs: Subsidy Program (if CPA cPA CPA CPA applicable): Date Completed: 2017 2017 2012 2010 Reference: Name and Telephone #: 2. Contractor: in process Project Summary Project#1 Project#2 Project#3 Project#4 Project Name: Community Address: Housing Type: Number of Units: Total Development Costs: Subsidy Program (if applicable): Date Com leted: Reference: Name and Telephone #: 3. Other Chapter 40B Experience Have you or any members of your team had previous Chapter 40B experience with DHCD and/or other subsidizing agencies? X Yes ❑ No If yes, please explain. This team is currently in construction of a LIP project located at - Fairview Avenue in Lexington. 4. Bankruptcy/ Foreclosure Have you or any entities you control ever filed for bankruptcy or have had a property foreclosed? [:] Yes X No -6- If yes, please explain. DEVELOPER CERTIFICATION The undersigned hereby certifies that e he isA ; (Title) of Lexington Housing Assistance Board and that the informs ion requested below for the project known as Busa Farm Housing is complete and that all information contained in this application is true and correct to the best of his/her knowledge. The undersigned Developer agrees to execute DHCD model documents, as required. If the Developer is other than a non-profit corporation or public entity, the Developer hereby certifies that it shall comply with all reporting requirements described in 760 CMR 56.00 and as set forth in the LIP Guidelines. Signature of Developer Print Name: Date -7- V. PROJECT INFORMATION 1. Type of Housing: Total Number of Units Single-Family House 0 Condo 0 Rental 6 Other 0 2. Total Number of Units Affordable 2 Market 4 3. Project Style: Total Number of Units Detached single-family house 0 Rowhouse/townhouse 0 Duplex 0 Multifamily house (3+ family) 6 Multifamily rental building 0 Other (specify) 0 4. Is this an age-restricted (55+) Development? Yes ❑ No X If yes, please submit a marketing study that demonstrates an understanding of the region's demographics, market demand and the particular strategies necessary to attract buyers to both market and affordable units. 5. Estimate the percentage of,the site used for: Buildings 35% Parking & Paved Areas 12% Usable Open Space 43% Unusable Open Space 10% 6. Is any portion of the project designed for non-residential use? No If yes, explain the non-residential uses. 7. Sustainable Development Design and Green Building Practices In accordance with the Sustainable Development Principles adopted by Governor Patrick's Administration in 2007, DHCD encourages housing development that is consistent with sustainable development design and green building practices. For more information, see Appendix VI.A-1 and VI.B-1 of the 40B Guidelines for a list of links to resources and opportunities related to sustainable development. A. How will this development follow Sustainable Development Principles? The Busa Farm Project concentrates development by creating six units, in two three unit buildings,which is not allowed under current zoning. The project advances equity by providing affordable housing for two low income families and promotes efficient decision making by taking advantage of the Comprehensive Permit process. Busa Farm's location near jobs and transit expand housing opportunities and provide transportation choice. The project also promotes clean energy as it includes the installation of solar photo voltaic panels on the roof that will offset the energy used by the new housing. B. How will the project maximize energy efficiency and meet Energy Star Standards? The six new apartments at Busa Farm are designed to be extraordinarily energy efficient,far exceeding Energy Star standards. Insulation will be R10 at the slab, R20 at the basement walls, R45 at the above grade walls and R63 at the attic. Triple glazed windows will further insulate the living areas, providing for a 60% reduction in heating needs. Solar panels should provide the rest of the electricity for the new structures. The heating system will be efficient by using air source heat pumps and there will be -8- 98% efficient instantaneous hot water heaters. All lights will be fluorescent and all appliances will be Energy Star. C. What elements of"green design" are included in the project (e.g. reduction of energy and water consumption, increasing durability and improving health)? This project will make its own electricity from clean photovoltaic panels and electric heat pumps for heating and cooling. 8. Project Eligibility A. Have you ever applied for a project eligibility letter involving any portion of the site, or are you aware of any prior application for a project eligibility letter involving any portion of the site? ❑ Yes X No If yes, explain. B. Has the municipality denied a permit on another proposal for this site within the last 12 months? ❑ Yes X No 9. Outstanding Litigation Is there any outstanding litigation relating to the site? ❑ Yes X No If yes, explain. -9- 10. Unit Composition Complete the chart below. Include a separate entry for each unit type according to its square footage and/or sales price/rent. # of Sales Type of # of # of # of Gross Parking Price/ Condo Handicap Unit Units Bdrms Baths S . Ft. Spaces Rent:2017 Fee Accessible Affordable 1 1 1 754 $1,240 60% AMI 1 2 1 924 $1,396 X# 1 ❑ # ❑ # Market 1 1 1 724 $1,654 (80% AMI) 3 2 1 924 $1,862 X # 1 ❑ # ❑ # .Other ❑ # ❑ # VI. SITE INFORMATION 1. Total Acreage .462 Total Buildable Acreage .462 2. Describe the current and prior uses of the subject site: The site is part of the 7.93 acre Busa Farm,which was purchased by the Town of Lexington in 2009. The rest of the site will be used as a community farm,with this 20,122 SF lot created and set aside for community housing. Existing buildings on site? Yes ❑ No X If yes, describe plans for these buildings: 3. Current Zoning Classification: Residential Yes (minimum lot size) 15,500 SF Commercial No Industrial No Other No 4. Does any portion of the site contain significant topographical features such as wetlands? Yes ❑ No X If yes, how many acres are wetlands? If yes, attach map of site noting wetland areas. Is map attached? ❑ Yes X No 5. Is the site located within a designated flood hazard area? Yes ❑ No X If yes, please attach a map of the site with flood plain designations. Is map attached? ❑ Yes X No 6. Is the site or any building located on the site listed, nominated or eligible for listing on the National Register of Historic Places? Yes ❑ No X 7. Is the site within a Historic District? Yes ❑ No X If yes, describe the architectural, structural and landscape features of the area: 8. In the past three years, have there been any defaults on any mortgage on the property or any other forms of financial distress? Yes ❑ No X If yes, please explain: 9. ❑ Indicate which utilities are available to the site: Public Sewer X Private Septic ❑ Public Streets X Public Water X Private Wells ❑ Private Ways ❑ Natural Gas x Electricity X On-site Sewer Treatment Facility ❑ Other ❑ Explain: 10. Describe any known or suspected hazardous waste sites on or within a 'h mile radius of the project site. There are no known or suspected hazardous waste sites on or within a'/2 mile radius of the project site, �11- 11. Has a 21 E hazardous waste assessment ever been done on this site? If so, attach a summary of the filing. ❑ Yes X No 12. What waivers will be requested under the comprehensive permit? The Busa Farm project is located within the RS district,which is a single family district. The minimum lot size within the RO district is 15,500 SF,thus this parcel, consisting of just over 20,000 SF,would only allow for the development of a single family home. 13. Describe the current status of site control and attach copies of relevant deeds or executed agreements. A. X Owned by Developer B. ❑ Under Purchase and Sale Agreement C. ❑ Under Option Seller: Buyer: Is there an identity of interest between the Buyer and Seller? If yes, please explain: No. Date of Agreement Expiration Date Extensions granted? Yes ❑ No ❑ Date of Extension Purchase Price -12- VII. DESIGN AND CONSTRUCTION 1. Drawings Please submit one set of drawings. Cover sheet showing written tabulation of: X Proposed buildings by design, ownership type, and size. Identity and describe affordable units and handicapped accessible units. X Dwelling unit distribution by floor, size, and bedroom/bath number X Square footage breakdown of commercial, residential, community, and other usage in the buildings X Number of parking spaces Site plan showing: X Lot lines, streets, and existing buildings X Proposed building footprint(s), parking (auto and bicycle), and general dimensions X Zoning restrictions (i.e. setback requirements, easements, height restrictions, etc). ❑ Wetlands, contours, ledge, and other environmental constraints N/A X Identification of affordable units X Identification of handicapped accessible units. X Sidewalks and recreational paths X Site improvements, including landscaping ❑ Flood plain (if applicable) N/A Utilities plan showing: X Existing and proposed locations and types of sewage, water, drainage facilities, etc. Graphic depiction of the design showing: X Typical building plan X Typical unit plan for each unit type with square footage tabulation X Typical unit plan for each accessible unit type with square footage tabulation X Elevation, section, perspective, or photograph X Typical wall section -13- 2. Construction Information # #Aff. # #Aff. Foundations Mkt. Units Units Attic Mkt. Units Units Slab on Grade 4 2 Unfinished 4 2 Crawl Space Finished Full Basement Other # #Aff. # #Aff. Exterior Finish Mkt. Units Units Parking Mkt. Units Units Wood Outdoor Vinyl Covered Brick Garage Fiber Cement Bicycle Other Hardi plank Heating System Fuel: ❑ Oil ❑ Gas X Electric ❑ Other Distribution method (air, water, steam, etc.): Energy Efficient Materials Describe any energy efficient or sustainable materials used in construction: Busa Farm uses the following energy efficient or sustainable materials: low or no VOC paint, resilient flooring, dual flush toilets, pervious pavement, Hardi lank siding and cellulose insulation. Modular Construction If modular construction will be used, explain here: No modular will be used. Amenities Will all features and amenities be available to market buyers also be available to affordable buyers? If not, explain the differences. There will be no difference in features or amenities available to market renters and affordable renters. -14- VIII. SURROUNDING AREA 1. Describe the land uses in the surrounding neighborhood: The surrounding neighborhood is entirely single family homes and conservation land. The property is very near the Arlington Reservoir and is otherwise surrounded by single family homes. 2. What is the prevailing zoning in the surrounding neighborhood? The surrounding neighborhood is all zoned for single family housing on lots with a minimum size of 15,500 SF. 3. How does the project's proposed site plan and design relate to the existing development pattern(s) of the immediately surrounding area? The size of one triplex is similar to the single family homes in the area. Therefore,the massing of the buildings will allow them to blend in, despite having more units on the site than is typical of surrounding parcels. The design also takes advantage of the slope of the parcel,to allow for three stories of living with a 2.5 story appearance from the street. 4. Describe and note distances to nearby amenities and services such as shopping, schools, parks and recreation, or municipal offices. 52 Lowell St. is conveniently located near several recreational resources, including one block from the Minuteman Bike Path, .2 miles from Mt. Gilboa (Arlington), .5 miles from Hill's Hill (Arlington), and .5 miles from Reservoir Beach (Arlington). It is also 1.8 miles from the Harrington Elementary School, 3.7 miles from the Clarke Middle School and 4 miles from Lexington High School. Town Hall is located 3.3 miles away and 52 Lowell St. is .6 miles from Trader Joe's (1427 Mass Ave.,Arlington) and .9 miles from Stop&Shop (905 Mass Ave.,Arlington) and .5 miles from Walgreen's(425 Mass Ave.,Arlington. 5. Explain how developing the site contributes to smart growth development in the area (e.g. mixed use, reuse, concentrated development). Developing this site contributes to smart growth principles because six households will share the space of one conventional building lot. As described above and below,the site is also conveniently located near many amenities and several bus routes. 6. Is the site located near public transit (bus, subway, commuter rail, etc.)? If so, indicate the type, distance to the nearest stop, and frequency of service. The 77 and 79 busses both have stops within .25 miles of 52 Lowell St. These busses each go to and from Arlington Heights via Mass Ave,the 77 Harvard Square and the 79 from Alewife. The 62 (Bedford VA Hospital to Alewife), 67 (Turkey Hill to Alewife via Arlington Center), 76(Hanscom Air Force base to Alewife via Lexington Center) and 78 (Arlmont Village to Harvard Square via Park Circle) busses all have stops within.5 miles of 52 Lowell St. Finally,the 84,which connects Arlmont Village to Alewife, has a stop .72 miles away. Service ranges depending on route,with the 77 running every 5-15 minutes all day long and the 84 running every 30 minutes only during rush hour. IX. FINANCING Not applicable 1. Attach a letter of interest from a construction lender. Are there any public funds to be used for this project? If yes, indicate the source, amount, use and status of funds: Yes, CPA of$1,284,653 from the Town of Lexington Describe the form of financial surety to be used to secure the completion of cost certification for this project: Upon the request of DHCD, LexHAB is willing to set up an escrow account to secure completion of the cost certification. -15- X. PROJECT FEASIBILITY The section is for developers of home ownership projects. N/A Developers of multi-family rental projects must use the One Stop Application at http://www.mhic.com and complete Section 3 Sources and Uses and Section 4 Pro Forma. Ownership Pro Forma Total Costs Per Unit Per Sq. Ft. % of Total (a) Site Acquisition $ $ $ $ Hard Costs; $ $ $ $ Earth Work $ $ $ $ Site Utilities $ $ $ $ Roads & Walks $ $ $ $ Site Improvement $ $ L _ Lawns & Planting $ $ $ $ Demolition $ $ $ $ Unusual Site Conditions $ $ $ $ (b) Total Site Work $ $ $ $ Concrete $ $ $ $ Masonry $ $ $ $ Metals $ $ $ $ Carpentry $o $ $ $ Roofing & Insulation $ $ $ $ Doors & Windows $ $ $ $ Interior Finishes $ $ $ $ Cabinets &Appliances �_ �_ $ $ Plumbing & HVAC �_ $ $ $ Electrical $ $ $ $ (c) Total Construction $ $ $ $ (d) General Conditions $ $ $ $ (e) Subtotal Hard Costs (a+b+c+d) $ $ $ $ (f) Contingency $ $ $ $ (g) Total Hard Costs (e+f) �_ $ $ $ -16- Soft Costs: $_ �--- �--- �--- Permits/Surveys $ �--- Architectural $ �--- Engineering $_ �-- Legal $ -- Bond Premium $_ �--- Real Estate Taxes $ --- Insurance $ �-- Security $ �-- Developer's Overhead $ �-- General Contractor's Overhead $ �--- Construction Manager $ �--- Property Manager $ �--- Construction Interest $ �---- Financing/Application Fees $ �--- Utilities $ �--- Maintenance (unsold units) $ �-- Accounting $ �--- Marketing $ �--- (h) Subtotal Soft Costs $ �--- (i) Contingency $ �--- 0) Total Soft Costs (h+i) $ _ _ _ --- (k) Total Development Costs ( D ---- -17- Profit Analysis (should conform to the pro forma) N/A Sources: Affordable projected sales $ Market sales $ Public grants $ (A) Total Sources $ Uses: Construction Contract Amount $ (B) Total Development Costs $ Profit: (C) Total Profit (A-B)$ (D) Percentage Profit (C/B) $ Cost Analysis (should conform to the pro forma) Total Gross Building Square Footage Residential Construction Cost per Sq. Ft. $ Total Hard Costs per Sq. Ft. $ Total Development Costs per Sq. Ft.$ Sales per Sq. Ft. $ (do not include proceeds from public grants) -18- XI. DEVELOPMENT SCHEDULE Complete the chart below by providing the appropriate month and year. Fill in only as many columns as there are phases. If there will be more than three phases, add columns as needed. Phase 1 Phase 2 Phase 3 Total Number of affordable units 2 Number of market units 4 Total by phase 6 Please complete the following chart with the appropriate projected dates: Phase 1 Phase 2 Phase 3 Total All permits granted Sept 2017 Construction start Jan 2018 Marketing start—affordable units April 2018 Marketing start— market units April 2018 Construction completed July 2018 Initial occupancy Aug 2018 -19- XII. MARKETING OUTREACH AND LOTTERY Affirmative Fair Housing Marketing Plan: Please submit your Affirmative Fair Housing Marketing Plan (AFHMP), prepared in accordance with Section I II of the 40B Guidelines, and a description of the lottery process that will be used for this project. This shall describe: ® Information materials for applicants that will be used that provides key project information; ® Eligibility requirements; Lottery and resident selection procedure; Any preference system being used (Note: if local preference is proposed for this project, demonstration of the need for local preference must be demonstrated and accepted by DHCD); • Measures to ensure affirmative fair marketing including outreach methods; ® Application materials that will be used; and ® Lottery Agent. See Section 6 of Attached "Regional Ready Renter Program": Affirmative Fair Housing Marketing Plan -20- XIII. CHECKLIST OF ATTACHMENTS The following documentation must accompany each application: 1. X Letter of support signed by Chief Elected Officer of municipality 2. X Letter of support from local housing partnership (if applicable) 3. ❑ Signed letter of interest from a construction lender N/A 4. X Map of community showing location of site 5. X Check payable to DHCD 6. X Rationale for calculation of affordable purchase prices or rents (see Instructions) 7. X Copy of site control documentation (deed or Purchase & Sale or option agreement) 8. ❑ Last arms length transaction or,current appraisal under by-right zoning 9. ❑ 21 E summary (if applicable) none 10. X Photographs of existing building(s) and/or site 11. X Site Plan showing location of affordable units. 12. X Sample floor plans and/or sample elevations 13. X Proposed marketing and lottery materials -21- X. Budget One Stop2000 Affordable Housing Finance Application[Version 1.2110 Page 10 Section 3 FUNDSSOURCES AND USES OF Sources of Funds Private Equity: Optional user calculations 81 . Developer's Cash Equity $ 82 . Tax Credit Equity(net amount) (See line 360,Section 5,page 18.) $ 83 . Developer's Fee/Overhead,Contributed or Loaned $ 84 . Other Source: $ Public Equity: 85 . CPA Funds___ 0r� 86 . Grant: I CPA funds for development $1,284,652 L� 87 . Grant: ILexHAB and/or CPA future funds $722,731 88 . Total Public Equity_____________________ $2,007,383 Subordinate Debt(see defmition): Amount Rate Amortiz. Term 89 . Home Funds-DHCD,as Subordinate Debt $0 % lyrs. yrs. ---------------- Source: 90 . Home Funds-Local,as Subordinate Debt $0 % yrs. lyrs. ---------------- Source: 91 . Subordinate Debt $0 % yrs. yrs. ---------------- Source: 92 . Subordinate Debt $0 % yrs. yrs. •---------------- Source: 93 . Subordinate Debt $0 % lyrs. yrs. Source: 94 . Total Subordinate Debt Permanent Debt(Senior): Amount Rate Override Amortiz. Term MP 95 , WIFA MHFA Program 1 $ % % yrs. lyrs. % 96 . MHFA MHFA Program 2 $ % % yrs. lyrs. I% 97 . M131'Fund Permanent Loan $ % yrs. yrs. % 98 . Other Permanent Senior Mortgage $ % yrs. lyrs. % Source: 99 . Other Permanent Senior Mortgage $ % yrs. yrs. Source: 100 . Total Permanent Senior Debt $0 101 . Total Permanent Sources $2,007,383 Construction Period Financing: Amount Rate Term 102 . Construction Loan $0 % Imos. Source: Repaid at: I (event) 103 . Other Interim Loan $0 % Imos, •---------------- Source: Repaid at: (event) 104..Syndication Bridge Loan $0 % Imos. Source: Repaid at: I (event) #VALUE! #VALUE! Section 3. Sources and Uses of Funds Page 11 Uses of Funds The Contractor certifies that,to the best of their knowledge,the construction Direct Construction: estimates,and trade-item breakdown on this page are complete and accurate. 105 . Who prepared the estimates.Les Savage Name Signature 106 . Basis for estimates? experience building similar house DV Trade Item Amount Description 107 . 3 Concrete $52,588 108 . 4 Masonry $0 109 . 5 Metals $9,360 110 . 6 Rough Carpentry $190,138 111 6 Finish Carpentry $123,032 112 . 7 Waterproofing $3,866 113 . 7 Insulation $57,486 114 . 7 Roofing $109,330 115 . 7 Sheet Metal and Flashing 116 . 7 Exterior Siding $43,800 117 . 8 Doors $30,066 118 . 8 Windows $34,642 119 . 8 Glass 120 . 9 Lath&Plaster 121 9 Drywall 122 . 9 Tile Work 123 . 9 Acoustical 124 . 9 Wood Flooring $43,472 125 . 9 Resilient Flooring 126 9 Carpet 127 . 9 Paint&Decorating $35,490 128 . 10 Specialties 129 . 11 Special Equipment 130 . 11 Cabinets $63,726 131 11 Appliances $22,480 132 . 12 Blinds&Shades 133 . 13 Modular/Manufactured 134 . 13 Special Construction 135 . 14 Elevators or Conveying Syst. 136 . 15 Plumbing&Hot Water $87,282 137 . 15 Heat&Ventilation $29,900 138 . 15 Air Conditioning 139 15 Fire Protection $46,696 sprinklers 140 . 16 Electrical $81,120 141 . Accessory Buildings $78,000 142 . Other/misc $84,474 general conditions,radon 143 . Subtotal Structural $1,226,948 144 . 2 Earth Work $74,100 145 . 2 Site Utilities $72,696 146 . 2 Roads&Walks $87,320 147 . 2 Site Improvement $11,970 retaining walls 148 . 2 Lawns&Planting $24,440 149 2 Geotechnical Conditions 150 2 Environmental Remediation 151 2 Demolition 152 . 2 Septic $11,400 153 . Subtotal Site Work $281,926 154 . Total Improvements $1,508,874 155 . 1 General Conditions $96,928 genral conditions and temporary electricity 156 . Subtotal $1,605,802 157 . 1 Builders Overhead $145,392 overhead and profit 158 . 1 Builders Profit $48,176 3% 159 . TOTAL $1,799,370 160 Total Cost/square foot: $260.78 Residential Cost/s.f.: $260.78 0 #VALUE! #VALUE] Section 3. Sources and Uses of Funds Page 12 Development Budget: Total Residential Commercial Comments 161 . Acquisition: Land $0 $o 162 . Acquisition: Building $0 $0 163 . Acquisition Subtotal $0 $0 $0 164 . Direct Construction Budg $1,799,370 $1,799,370 (from line 159) 165 . Construction Contingent $89,969 $89,969 5.0%of construction 166 . Subtotal: Construction $1,889,339 $1,889,339 $0 General Development Costs: 167 . Architecture&Engineering $50,000 $50,000 168 . Survey and Permits $14,500 $14,500 169 . Clerk of the Works $0 $0 170 . Environmental Engineer $0 $0 171 . Bond Premium $3,000 $3,000 172 . Legal $15,000 $15,000 173 . Title and Recording $3,000 $3,000 174 . Accounting&Cost Cert. $5,000 $5,000 175 . Marketing and Rent Up $10,000 $10,000 176 . Real Estate Taxes $0 $0 177 . Insurance $8,544 $8,544 178 . Relocation $0 $0 179 . Appraisal $4,000 $4,000 180 . Security $5,000 $5,000 181 . Construction Loan Interest $0 $0 182 . Inspecting Engineer $0 $0 183 . Fees to: $0 $0 184 . Fees to: $0 $0 185 . MIP $0 $0 186 . Credit Enhancement Fees $0 $0 187 . Letter of Credit Fees $0 $0 188 . Other Financing Fees $0 $0 189 . Development Consultant $0 $0 190 . Other: 191 . Other: $0 192 . Soft Cost Contingency $0 0.0%of soft costs 193 . Subtotal: Gen.Dev. $118,044 $118,044 $0 194 . Subtotal:Acquis.,Consfl $2,007,383 $2,007,383 $0 and Gen.Dev. 195 . Capitalized Reserves $0 196 . Developer Overhead $0 197 . Developer Fee $0 198 . Total Development Costj $2,007,383 $2,007,383 $0 TDC per unit $334,564 199 . TDC,Net $2,007,383 $2,077,383 $0 TDC,Net per unit $334,564 0 #VALUE! WALUEI One Stop200o Affordable Housing Finance Application rVersio❑1.21]V Page 14 g Section 4 / iPRO-FORMA Operating Income Rent Schedule: Conti-act Utility Total No.of 222 . Low-Income(Rental Assisted): Rent Allowance Gross Rent Units SRO $0 0 0 bedroom $0 0 1 bedroom $0 0 2 bedrooms $0 0 3 bedrooms $0 0 4 bedrooms $0 0 223 . Low-Income(below 50%): SRO $0 0 0 bedroom $0 0 1 bedroom $0 0 2 bedrooms $0 0 3 bedrooms $0 0 4 bedrooms $0 0 224 . Low-Income(below 60%): SRO $0 0 0 bedroom $0 0 1 bedroom $765 $0 $765 1 2 bedrooms $765 $0 $765 1 3 bedrooms $0 0 4 bedrooms $0 0 225 . Other Income(User-defined) $0 0 SRO 0 bedroom $0 0 1 bedroom $0 0 2 bedrooms $0 0 3 bedrooms $0 0 4 bedrooms L $0 0 226 . Market Rate(unrestricted occupancy): SRO 0 0 bedroom 0 1 bedroom $765 3 2 bedrooms $765 1 3 bedrooms 0 4 bedrooms 0 Commercial Income:--� (average) 227 . Square Feet: �- o l @ /square foot = re $0 Parking Income: (average) 228 . Spaces: 01 @ /month x 12 = $0 #VALUE/ #VALUE! Section 4. Operating Pro Fonna Page IS Other Operating Income Assumptions: 229 . Laundry Income(annual): Optional user calculations 230 . Other Income:a. b. C. d. e. f. Vacancy Allowance: 231 . Low-Income(Rental Assistance) 232 . Low-Income(below 50%) 233 . Low-Income(below 609/4) 5.0% 234 . Other Income(User-defined) 235 . Market Rate 0.0% 236 . Commercial Trending Assumptions for Rents: Year 2 Year 3 Years 4-5 Years 6-20 237 . Low-Income(Rental Assistance) % % % % 238 . Low-Income(below 50%) % % % % 239 . Low-Income(below 60%) 0.0% 0.0% 0.0% 0.0% 240 . Other Income(User-defined) 241 . Market Rate 0.0% 0.0% 0.0% 0.0% 242 . Commercial Space Rental % % % 243 . Laundry Income % % % % 244 a Other Income - % % % % b Other Income - % % % % c Other Income - % % % % d Other Income - % % % % e Other Income - % % % % f Other Income - % % % % Operating Subsidy and Capitalized Operating Reserves: 245 . Subsidy Source I........................ 246 . Subsidy Source H....................... 247 . Capitalized Operating Reserve Amount: $ Source: 248 . Yearly Draws on Subsidies and Reserves: Subsidy Subsidy Draw on Source I Source II O er.Reserve Year 1 $ $ $ Year 2 $ $ $ Year 3 $ $ $ Year 4 $ $ $ Year 5 $ $ $ Year 6 $ $ $ Year 7 $ $ $ Year 8 $ $ $ Year 9 $ $ $ Year 10 $ $ $ Year 11 $ $ $ Year 12 $ $ $ Year 13 $ $ $ Year 14 $ $ $ Year 15 $ $ $ Year 16 $ $ $ Year 17 $ $ $ Year 18 $ $ $ Year 19 $ $ $ Year 20 $ $ $ Year 21 $ $ $ 249 . Annual Operating Income(year 1) $54,162 #YALUEI #YALUEI 11011900 Page 16 Section 4. Operating Pro-Fornia operating Expenses Annual Operating LxP•: Total Residential Conrrner•cial Comments 25o . Management Fee $0 251 . Payroll,Administrative $3,300 $3,300$600 $600 252 . Payroll Taxes&Benefits,Admin. $185 $185 253 . Legal $1,025 $1,025 254 . Audit $300 $300 255 . Marketing $425 $425 256 . Telephone $7,500 $7,500 257 . Office Supplies $90 $90 258 . Accounting&Data Processing $0 $0 259 . Investor Servicing $0 $0 260 ,DHCD Monitoring Fee $0 $0 261 . Other: $0 $0 262 . Other: $13,425 $13,425 $0 263 . Subtotal:Administrative 264 . Payroll,Maintenance $300 $300$0 $0 265 . Payroll Taxes&Benefits,Admin. $0 $0 266 . janitorial Materials $1,500 $1,500 267 . Landscaping $0 $0 268 . Decorating(inter.only) $g 000 $8,000 269 . Repairs(inter.&ext.) $0 $0 270 . Elevator Maintenance $0 271 . Trash Removal $15,000 $15,000 272 . Snow Removal $0 $0 273 . Extermination $0 $0 274 . Recreation $0 $0 275 . Other' $24,800 1 $24,800 $0 276 . Subtotal:Maintenance 277 . Resident Services $0 $0 $0 $0 278 . Security $9,840 $9,840 279 . Electricity $0 $0 280 . Natural Gas $0 $0 281 . Oil $1,920 $1,920 282 . Water&Sewer $11,760 $11,760 $0 283 . Subtotal:Utilities 284 . Replacement Reserve $0 $0 285 . Operating Reserve $0 $0 $0 $0 286 . Real Estate Taxes $0 $0 287 . Other Taxes $750 $750 288 . Insurance $0 $0 289 . MlP $0 $0 290 . Other: $750 $750 $0 291 . SubtotabTaxes,Insurance $50,735 $50,735 $0 292 . TOTAL EXPENSES 4VALUEr WALUE1 a Section 4. Operating Pro Forma Page 17 Other Operating Expense Assumptions Trending Assumptions for Expenses Year 2 Year 3 Years 4-5 Years 6-20 293 . Sewer&Water......................................................... 3.0% 3.0% 3.0% 3.0% 294 . Real Estate Taxes.................................................. 0.0% 0.0% 0.0% 0.0% 295 . All Other Operating Expenses ....................................... 3.0% 3.0% 3.0% 3.0% Reserve Requirements: 296 . Re lacement Reserve Re uirement $0.00 per unit per year 1'....................................................`1................................................_. $0.00 er unit er ear 297 . Operating Reserve Reduirement .,._...,,, P P Y Debt Service: Annual Payment 298 . T,1 A �IvII3FAProgram 1 N/A I.......... N/A ... 299 . MF�'A MI-�A Program 2 �.......__.._..___.__..._._... .............. N/A 300 . MHI'Fund Permanent Loan .........................._......_......................._.........._................_................. ...........................................................I............... N/A 301 . Other Permanent Senior Mortgage ...... .... ..... ............................ Source: N/A 302 . Other Permanent Senior Mortgage .............................„ N/A ....................................... Source: N/A 303 . Total Debt Service(Annual) $0 304 . Net g.Income $3,427 (in year one) 305 . Debt_Service ...Cov.. .erage T ... N/A (in year one) ...... __._.._.._.._..___.__._.__._..._..._... _ __ _.... Affordability: Income Limits and Maximum Allowable Rents 306 . County Middlesex MSA Boston-Cambridge-Quincy,MA NH This MSA does not match the county you have chosen 307 . Maximum Allowed Rents,by Income,by Unit Size: Income Limits last updated on 3/23/2017 Maximum Income Maximum Rent(calculated from HUD income data) 50% 60% 0% 50% 60% 0% SRO $34,500 $41,350 $0 $863 $1,034 0 0bedroom $34,500 $41,350 $0 $863 $1,034 $0 1 bedroom $36,950 44,350 $0 $924 $1,109 $0 2 bedrooms $44,350 $53,200 $0 $1,109 $1,330 $0 3 bedrooms $SI,200 $61,450 $0 $I,280 $1,536 $0 4 bedrooms $57,150 $68,550 $0 $1,429 $1,714 $0 Area median income for a family of >5 UU 308 . H.U.D. "Fair Market Rents" (Maximum): 0 bedroom $1,071 1 bedroom $1,19b 2 bedrooms $1,494 3 bedrooms $1,861 4 bedrooms 5 bedrooms 2,326 FMR Information last updated on 3/23/2017 #VALUE! #VALUE/ 0 Section 4. Operating Pro-Fornta Page 17a Operations before this transaction: Cu Operations afterCurrent Annualized 1blaiket Type Nimiber Rent Income Xumber Rents Rent GPR 0 309 .=bedrooms4 0 0 0 0 310 . 0 0 0 0 d 311 765 18,360 312 . 765 36,720d 313 . 0 00 0 0 314 . 0 0 0 0 0 d 315 . Gross Potential Rental Income 55,080 316 . Vacancy 5% -2,754 Vacancy 5% -918 317 . Other Income 0 Other Income 0 318 . Effective Gross Income 52,326 Effective Gross Income -918 Operating Expenses Year Reason %Changea24,800 319 . Management fee 0320 . Administration 0 321 Maintance/Operations 0 322 . Resident Services 0 323 . Security 0W50 0 324 . Utilities 0760 325 . Replacement Reserve 00 326 . Operating Reserve 00 327 . Real Esate Taxes 00 328 . Insurance 0750 329 . Total Expenses 0 735 330 . Net Operating Income 52,326 Net Operating Income -51,653 331 . Transaction Description: Optional user calculations #VALUE! #VALUE! 0 Attachment #1 and #2: Letters of Support from Selectmen and Housing Partnership OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY NORMAN P.COHEN TEL: (781)6984580 JOSEPH N.PATO FAY,: (781)863-9468 MICHELLE L.CICCOLO January 30, 2017 Attn: Alana Murphy, Deputy Associate Director Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston,MA 02114 Dear Ms. Murphy, This letter serves to express our support for the Lexington Housing Assistance Board's (LexHAB)Local Initiative Program (LIP) application for a comprehensive permit for their Busa Faun Project. The Busa Farm project consists of creating six new affordable rental Limits within two buildings. In each building, one unit will be handicap accessible while two others will be affordable to renters at or below 80% of the Area Median Income(AMI). The Town is providing support for this project in several ways. First, the Town used Community Preservation Act(CPA) funds to acquire the property for the purposes of Open Space Preservation and Community Housing, and is now supporting thus housing proposal with an additional commitment of $1,284,653 in CPA funds. The Town is also waiving all real estate taxes on the property;not only for the development period but also for the duration of LexHAB's operation of the property for affordable housing purposes. This development proposal follows a lengthy community process that determined the area that was set aside for housing and the amount of housing to be created. LexHAB did a wonderful job designing the two buildings to appear from the street to contain fewer than six units, LexHAB has a long history of providing much-needed, high quality affordable housing for low and moderate-income families. As a Town we continue to support their important work and enthusiastically support their proposal to create six new residences at Busa Farm. Sincerely, r Suzanne E. Barry Chairman Board of Selectman 1625 MASSACHUSETTS AVENUE•LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov t ..• . Lexington Housing Partnership: Building a Diverse, Vibrant Lexington ' • e 14 Larchmont Lane Lexington, MA 02420 January 26, 2017 Alana Murphy Deputy Associate Director Department of Housing and Community Development 100 Cambridge Street, Suite 300 Boston, MA 02114 Dear Ms. Hall: This letter is to express our support for the Lexington Housing Assistance Board's (LexHAB) Local Initiative Program (LIP) application for the construction of six units of housing on the BUSA property in Lexington. The project consists of construction of two new structures, each with three housing units. There will be four two-bedroom units and two one-bedroom units. Each structure will have one handicapped-accessible unit. The buildings have been designed to be "net zero," i.e., to produce as much energy as they consume. We applaud the efforts LexHAB made to engage the community during the application process for this development. The BUSA farm property, purchased with Community Preservation Funds, provided an opportunity to develop affordable housing while preserving a significant amount of open space for community use. The resulting architectural design is in keeping with the character of the neighorhood while maximizing the density of housing on the site. Lexington continues to be a highly desirable place to 'settle down and raise a family.' However, the success of the real estate market has made it difficult for moderate-income families and individuals to secure affordable housing in Lexington. This project is an excellent opportunity to make good use of one of the few parcels of land available to be set aside for affordable development° The sustainable features of these new energy-efficient homes will serve as a model of environmental stewardship for future home construction in Lexington. LexHAB has a long history or providing much-needed, high-quality affordable housing for low and moderate-income Lexington residents. We enthusiastically support their proposal to create six new affordable residences on the BUSA property on Lowell Street in Lexington. Sincerely, Melinda Walker, Chair Lexington Housing Partnership cc: The Board of Selectmen Lexington Housing Partnership Board Attachment #4: Maps of Community y � _ B F` s w y s a n, f qt: i N 5 a.. y r ,u 4 r a m M r^ r e x � a � ' `,;".r r Zv Vo kk 4^ 8 } d G ,w x 4 r � ti m w y Uw r i_ v ur �t5 i J F `m r `.f LL Ll- fL t i' 3 Qi .i� �a i=3 L � y; J L J Attachment #6: Rationale for Calculation of Rents Rationale for Calculation of Affordable Rents The 40B LIP requirements enable LexHAB to charge rents that are based on what a household earning at 80% of area median income can afford (based on a household size of one plus the number of bedrooms available),spending no more than 30%of gross income on housing expenses. LexHAB, however, in an effort to reach lower income families in greater need of affordable rental housing in the community, has set maximum income limits at 60% of area median income (using LIHTC established income limits) for these affordable units. Rents will be charged based on the individual tenant's income, as determined during the initial leasing and annual recertification process.Tenants will pay up to 30%of their gross income on housing, and will also be required to pay a minimum rent as discussed below. LexHAB will be paying all utilities, including electric, heat, hot water and gas.The tenant pays no utilities, and has no utility allowance. Maximum Rent—1 bedroom unit Maximum Income Limit $41,820 60% (LIHTC income limit)for a household of 2 Monthly Gross Housing amount $1,240 30%of income, divided by 12 months Utility Allowance $0 Maximum Net Rent $1,240 Maximum Rent—2 bedroom unit Maximum Income Limit $52,980 60% (LIHTC income limit)for a household of 3 Monthly Gross Housing amount $1,396 30% of income, divided by 12 months Utility Allowance $0 Maximum Net Rent $1,396 Minimum monthly rent LexHAB has determined that it needs to charge at least$450 for operating expenses, which translates into the requirement that tenants have sufficient income to cover this small charge based again on their spending no more than 30% of their income on housing. In no cases will the combination of rent and utilities be more than 30%of a household's income for those earning no more than 60%of area median income. Minimum Income $18,000 Monthly Gross Housing Amount $450 Maximum Gross Rent $450 Utility Allowance $0 Minimum Net Rent $450 Lower income households may be eligible if they are Section 8 voucher, or other subsidy program, participants. Attachment #7: Deed IIIIII�IIIII�II IIII��IIII III�IIIII IIIIIIIII IIIIIIII�III��I�IIIIIII�I ek: 66882 Pg:421 Doo: DEED Page: 1 of 4 03/03/2016 12:29 PM QUITCLAIM DEED The TOWN OF LEXINGTON, a Massachusetts municipal corporation, acting by and through its Board of Selectmen, having a mailing address of 1625 Massachusetts Avenue, Lexington,Middlesex County,Massachusetts 02420, for consideration paid and in full consideration of One($1,00)Dollar, grants to the LEXINGTON HOUSING ASSISTANCE BOARD, INC. a municipal o corporation of the Town of Lexington established by an act of the Legislature as a nonprofit housing corporation for said Town, having a mailing address of 1620 Massachusetts Avenue, Suite 4, Lexington, Middlesex County, Massachusetts, for affordable housing purposes, with Quitclaim Covenants, � the land in Lexington, Massachusetts shown as " Parcel 2A" on that certain plan entitled a "Lowell Street,Lexington, Massachusetts,Assessor's Map 20/Parcel 38 Subdivision Plan of Land Approval Not Required" (the "Plan"), prepared by GCG Associates, Inc., dated February 5, 2014 and recorded with the Middlesex South District Registry of Deeds as Plan 108 of 2015 (the"Premises"). a� o Containing 20,198 square feet,more or less,as shown on said Plan. o The Premises are conveyed subject to and with the benefit of restrictions, easements, a covenants and agreements of record, if any, insofar as the same are now in force and applicable. w No Massachusetts documentary stamps are affixed hereto as the consideration is such that none are required by law. (A0338716.5} For grantor's title, see deed to the Town of Lexington recorded with the Middlesex South Registry District of the Land Court as Document No. 1519938, noted on Certificate of Title 245506, See also Order of the Land Court to Withdraw Rom Registration dated July 17, 2014, filed with the Middlesex South Registry District of the Land Court as Document No. 1676321 and recorded with said Registry of Deeds at Book 63955,Page 12. [The remainder of this page is intentionally left blank.] (A0338716.5 1 2 EXECUTED under seal this,;�,2 lay of re�ru ck r`� ) 2016. BOARD OF SELECTMEN TOWN OF LEXINGTON Joseph N. Pato Peter 3. Kelley B-• 7uyr� � � �if�'Ll, o an P. Cohen //ZG; Michelle L. Ciccolo Suzann,E. Barry COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX On thisZ1` al day of 2016, before me, the undersigned notary public, personally appeared Joseph N. Pato, Peter C.J. Kelley, Nonnan P. Cohen, Michelle L. Ciccolo, and Suzanne E. Barry, Members of the Town of Lexington Board of Selectmen, 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 to me that they signed it voluntarily for its stated purpose as members of the Board of Selectmen for the Town of Lexington. No6dy Public: My Commission Expires: S - LY"NNE A. PEASE f Notary Public My Commission Expires � Novembor 16.2016 (A03387W51 3 ACCEPTANCE BY LEXINGTON HOUSING ASSISTANCE BOARD,INC. The Lexington Housing Assistance Board, Inc. hereby accepts the property and the terms of the deed to which this acceptance is attached. LEXINGTON HOUSING ASSISTANCE BOARD, INC. r� A-,,d Robert' . B�irbidge, ochair and Vice President COMMONWEALTH OF MASSACHUSETTS COUNTY OF MIDDLESEX On this day of F, 0A , 2016, before me, the undersigned notary public, personally appeared Robert J. Burbidge, proved to me through satisfactory evidence of identification, which was personal knowledge, to be the person whose name is signed on the preceding document and acluiowledged to me that he signed it voluntarily for its stated purpose as Cochair and Vice President of the Lexington Housing Assistance Board,Inc. Notary Public: «<,,,,,, �e2t �tlf S. ,, My C01111111551011 Expn'eS: � RCN 2y Q. J m z 441 SACHUs��+, 4 (A0338716.5 Attachment #10: Photos of Site kip �s f �p r7 `— r r E � x w r r �r Y r: r r � yr ti r i j S r Attachment #11 & 12: Cover Sheet for Drawings: Site Plan 1/3 Grading and Drainage Plan 2/3 Utility Plan 3/3 Architectural Drawings Ground Floor Plan First Floor Plan Second Floor Plan Front Elevation A, Front Elevation B South Side Elevation North Side Elevation Rear Elevation Wall Section Proposed Buildings by Design, Ownership Type, and Size: Busa Farm, Lexington, Ma For LexHAB: 2 New 3 Unit Buildings for Rentals, Triplex flats, one unit per floor (ground, first, and,second floors): Each Building: 3,534 Sq. 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' T t 1 Ts/GTT 4,i ''Iti'4Na,coon• 1 1 DAMpAu?fiV'>� i Attachment #13: Marketing and Lottery Materials • Kegiomnsal Ready Renter Program 2015-2017 A Regional Effort of Belmont, Lexington, Watertown, Newton And other Metro West Communities Modified for the Busa Farm Project in Lexington For more information contact: Jennifer Van Campen,Metro West Collaborative Development, Inc. at 617-923-3505 x 4 or jvc@metrowestcd.org 1 Table of Contents Overview and Tenant Eligibility. . . . . . . . . . . . . . . . . . . . .... . . . . ...3 Application, Lottery Process, and Tenant Selection. . ..... . .4 Rightto Appeal. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . ..6 Affirmative Fair Housing Marketing Plan. . . . . . . . . . . . . . ... . .6 Marketing Outlets. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ...10 Sample Advertisement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....12 Attachment A: Busa Farm Project. . . . . . . . . . . . . . ... . . . . . . . . . . . 13 Attachment B: Homeless Shelter List. . . . . . . . . . . . . . . . . . . . . ..18 Attachment C: Ready Renter Program Pre-Application. . ..19 2 egional Ready Renter Program Lottery and Tenant Selection Process and Affirmative Fair Housing Marketing Plan In an effort to most efficiently get affordable rental housing units placed on the Massachusetts Subsidized Housing Inventory(SHI) and insure their compliance with Town Agreements, with the least amount of burden to the developer or owner of a property,the Towns of Watertown, Lexington,Newton, and Belmont have established a Ready Renter Program. This Program will have one Affirmative Marketing Plan and centralized Applicant Pool in which all interested parties can participate. To accomplish this,the Towns have utilized the services of Metro West Collaborative Development, Inc., a regional community housing development organization. Ready Renter Program This program shall provide owners of rental housing with income-eligible tenants and supporting documents that all comply with the Massachusetts Subsidized Housing Inventory Guidelines. Tenants who are identified through this program shall: 1) Have been recruited through Affirmative Marketing strategies consistent with the Massachusetts Fair Housing Goals, and 2) Be income-eligible households (earning less than 80% of the area median income) having met income, asset, and other eligibility provisions. Metro West CD will also assist owners and tenants in annual monitoring and compliance that may be required. Tenant Eligibility "Eligible"Household An eligible household is one that: - has submitted a complete pre-application - meets all income and asset criteria - has the appropriate household size for the available unit A"household" shall mean an individual, or two or more persons who will live regularly in the unit as their principal residence and who are related by blood,marriage, law or who have otherwise evidenced a stable inter-dependent relationship. Income and Asset Eligibility The total income of the applicant and all other members of the applicant's household over the age of eighteen(18)may not exceed 80% of the area median income of the area that includes Watertown, Lexington,Newton, and Belmont, adjusted for family size. An applicant's total household income cannot exceed the following limits: Household size 1 person 2 persons 3 persons 4 persons 5 persons 6 ersons Income limit units $51,150 $58,450 $65,750 $73,050 $78,900 $84,750 (80%) 3 In addition, income will be imputed from the total value of all of the assets of the applicant and all other members of the applicant's household over the age of eighteen(18), as stipulated in the DHCD guidelines. Household income will be verified based on information contained in pay stubs (or equivalent documents) and IRS documents. Household Size Eli ibg ility Household size should be appropriate for the number of bedrooms in the home. It is appropriate to set a minimum. A maximum household size for the units may be established provided that the it is not more restrictive than the State Sanitary Code or applicable local bylaws, and does not violate state and federal civil rights laws. A"household" shall mean either an individual, or two or more persons who will live regularly in the unit as their principal residence and who are related by blood,marriage, law or who have otherwise evidenced a stable inter-dependent relationship. Larger Household Preference Within an applicant pool first preference shall be given to households requiring the total number of bedrooms in the unit based on the following criteria: • There is at least one occupant per bedroom. (Disabled households must not be excluded from a preference for a larger unit based on household size if such larger unit is needed as a reasonable accommodation.) • A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. Other household members may share but shall not be required to share a bedroom. • A person described in the first sentence of(b) shall not be required to share a bedroom if a consequence of sharing would be a severe adverse impact on his or her mental or physical health and the lottery agent receives reliable medical documentation as to such impact of sharing. • A household may count an unborn child as a household member. The household must submit proof of pregnancy with the application. • If the applicant is in the process of a divorce or separation,they may enter a rental housing lottery,if their estimated assets and income would allow them to qualify for the unit. However,the applicant must provide proof that the divorce or separation has been finalized and submit updated financial information in accordance with the timelines provided herein before they will be considered for tenancy. After Initial Lease-Up Some units are subject to annual review of incomes and income limits. If the household's income increases and exceeds 140% of the above limits,then the household will no longer be eligible for the affordable unit. Application, Lottery Process and Tenant Selection (Busa Farm preferences described in Attachment A) Pre-Applications and the Applicant Pool - All potential tenants will be given a brief pre-application form that identifies their housing needs, and income. 4 - All households who submit a complete pre-application and are deemed to be preliminarily eligible shall be entered into the Applicant Pool. - Applications that are not complete or households that appear to not meet the eligibility guidelines will be notified and given seven days to rectify their application. - Applicants have the right to request a reasonable accommodation(s), which may include a change to a rule,policy,procedure, or practice to afford a person with a disability an equal opportunity to participate fully in the housing program or to use and enjoy the housing. Applicants may also be entitled to a reasonable modification(s) of the housing, when such modifications are necessary to afford a person with a disability an equal opportunity to use and enjoy the housing. - Free language assistance is available to households with limited English proficiency. Available Unit Announcement - Upon announcement of an available apartment(such as Busa Farm)the potential tenants in the Applicant Pool shall be sent informational materials about the available unit and invited to participate in a lottery. - Potential tenants will have 14 days to decide whether or not to participate in the lottery. - Households who choose not to participate in the lottery shall be placed back into the Applicant Pool for future rental opportunities. The Lottery and Tenant Selection - All applicants in the Lottery Pool are assigned a Lottery Number. - The Lottery will be held in a public accessible place at a convenient time for a majority of applicants. - All applicants will then be drawn and assigned an Available Unit Wait List number in the order they were drawn. - The list will then be reviewed for re-ordering based on preferences. - The top three households will then be invited to a) see unit and b) get their application verified for final eligibility determination. - After the Lottery the three households will have ten(10) days to provide additional information required by Metro West CD to verify their eligibility. - If the highest ranked household wants the unit and their application is verified and deemed eligible then their application will be forwarded to the owner for final selection. - Final selection may include criminal background checks and/or credit checks as may be the standard practice of the owner/developer of the unit. - An owner may deny tenancy to a finalist based on credit or other background checks so long as the same screening procedures and considerations apply evenly to all of the applicants within a rental property,regardless of the unit they have applied for. - If the household declines the available unit they will be returned to the Applicant Pool and Metro West CD will offer the unit to the next highest ranked household. - Failure to provide the requested information will result in the household becoming ineligible for the unit and they will be returned to the Applicant Pool. - Eligible households that are not selected by the owner will be returned to the Applicant Pool. - If the owner does not select a tenant from the first three households from the Wait List, then Metro West CD will proceed down the Wait List until the unit(s) is filled. 5 Removal from the Applicant Pool or Lottery Pool - Households which do not respond to phone or mail inquiries or who do not respond to a request for additional information within the time frame provided shall be removed from the Lottery Pool,but may remain in the Applicant Pool. - Every 24 months a new marketing plan will be conducted and a new Applicant Pool will be created. Those in the Applicant Pool at the time of the purge will be invited to re- apply. Right to Appeal An applicant has the right to appeal the decisions of Metro West CD and/or of the owner/developer within 7 (seven)business days from the date of the written notification. An applicant may in person, or in writing, or via a designee appear before the Appeals Committee chaired by a member of the Board of Directors of Metro West CD,who is not involved in the day-to-day operation of the housing development. At least one member of the Appeals Committee will be a neutral party. At the hearing,the applicant or his/her designee may present supporting information relevant to the reason for rejection. A final decision will be rendered by the Appeals Committee, in writing, within five business days from the date of the hearing. An applicant concerned with discrimination against them may also contact the Mass Commission Against Discrimination at 617-727-3990 or the US Department of Housing and Urban Development at 617-994-8300. Affirmative Marketing Methods Metro West CD seeks to provide clear, accessible information regarding the lease of affordable units in Watertown,Newton, Lexington and Belmont. Affirmative marketing efforts are intended to encourage maximum participation from low—moderate income households and members of the region's traditionally underserved racial and ethnic communities. Metro West CD does not discriminate on the basis of race, color, religion,national origin, disability, familial status, sex, age, marital status, children, sexual orientation, genetic information, gender identity, ancestry,veteran/military status or membership. Ready Renter Program MarketingPeriod eriod - Once per 24-month period,Metro West CD will develop an Affirmative Marketing Plan that is based on the most recently available demographic information for the towns. The plan will identify the populations for special outreach efforts and the methods to be undertaken. - Once per 24-month period,Metro West CD will advertise in multiple sources and in multiple methods to attract applicants least likely to apply for housing in the participating towns. A list of advertisement methods is attached. This list shall be amended to consider additional or different language groups once per 24-month period. - Advertising will be general in nature and describe each of the types of housing anticipated to be available in the given year. 6 - The marketing period will be for 60 days. Pre-applications that are complete and considered eligible received before and after that date will be added to the Applicant Pool. Marketing Activities The plan covers a 60-day period The plan consists of five main components: 1) Website Postings: The lottery and relevant information will be listed on the websites listed in the "Affirmative Marketing: Websites" chart. 2) Direct Mailings: The agencies listed in the "Affirmative Marketing: Organizations" chart on subsequent pages will receive notification of the unit availability and relevant information. 3) Information Session: Metro West CD will also conduct two information sessions for households interested in potential units; one on a weekday evening, and one on a weekend. 4) E-mail blasts: Metro West CD maintains a database of program participants, which is a racially, ethnically, and geographically diverse pool of potential applicants. 5) Print Advertisements: The publications listed in the "Affirmative Marketing: Advertisements" chart on subsequent pages will advertise the Ready Renter Program guidelines. Applications and information packets will be available at the Watertown, Lexington,Newton, and Belmont Town Halls,the public libraries, and will be available via mail by contacting the office of Metro West CD. The staff of Metro West CD are available to assist individuals in the completion of their application and are able to accommodate households with disabilities that may impede their ability to complete the application. Metro West CD staff can also arrange for assistance for households that have limited English proficiency. Applicants have the right to request a reasonable accommodation, which may include a change to a policy, procedure or practice to afford a person with a disability an equal opportunity to participate fully in the housing program or to use and enjoy the housing. Applicants may also be entitled to a reasonable modification(s) of the housing, when such modifications are necessary to afford a person with a disability an equal opportunity to use and enjoy the housing. Upon Vacancies or Creation of New Units (such as Cambria Road) Upon vacancies of specific units the following additional marketing will take place: - website postings with Metro List and Mass Access - mailings to local community organizations If an insufficient number of applicants are in the pool then the following marketing will take place: - e-mails to the entire data base of potentially interested parties - additional paid advertising,pending availability of funding - additional website postings 7 General Affirmative Marketing 'Timeline Advertising for Ready Renter Program begins; Spring 2018 Advertising shall run twice in a 60 day period Information sessions Spring 2018 Pre-Applications may be received. Pre-applications may be mailed, faxed, e-mailed or hand All COMPLETE pre-applications who are delivered. However,the preliminarily eligible will be entered into an applicant is responsible for Applicant Pool. insuring its receipt by Metro West CD. Applicants who submit incomplete pre-applications will be promptly notified in writing of the deficiencies of their application. They may remedy the deficiencies,but will not be placed in the Applicant Pool until the application is complete. Applicants deemed ineligible will be notified in writing and given 7 days to appeal the decision. They will remain in the Applicant Pool until the appeal process is complete. When a rental unit becomes available all On-going households, of the appropriate household size, in the Applicant Pool will be notified of the specific opportunity and will be invited to participate in a Lottery. If an insufficient number express interest in the available unit(s)then other households in need of the number of units minus one will be invited to participate. Applicants will have 14 days to respond to the Lottery invitation and provide any additional information requested by Metro West CD. The Lottery will be held at least 30 days after the unit has been identified and a rent established. The Applicant Pool will be purged every 24 Summer 2020 months. Households in the Pool at the time of the purge will be invited to submit a new pre- application. Contractor Qualifications Metro West CD has successfully implemented affirmative marketing plans and lotteries for the following developments: Archstone Properties (2004)— 13 rental units/first come first served(no lottery) Riverbank Lofts (2006-2007)—7 ownership units 8 Repton Place (2007-2008)—28 ownership units Admiral Cove/Castle Courtyard(2009-2010)—6 ownership units 1060 Belmont(2010)— 18 rental units Charlesbank Apts. (2012)—4 rental Riverbank Apts. (2013)— 17 rental Warren Ave. (2016)—7 rental For each development,Metro West CD responded to requests for assistance from individuals with limited English proficiency by having translators available,working with sister organizations to provide translation of information sessions, and providing certain written materials in key languages. There have been no findings or determinations against Metro West CD or its staff for violation of any state of federal fair housing laws and the above developments required no intervention on the part of a Subsidizing Agency to address fair housing complaints or concerns. 9 AffirmativeMarketing: Websites OrganizationWebsite mbhp.org Metropolitan Boston Housing Partnership MassAccessHousin Re s Citizens Housing and Planning g g or Association(CHAPA) MetroWestCD.org Metro West Collab. Dev. Affirmative Marketing: Organizations Organizations Metropolitan Housing Clearing Center/MetroList Affirmative Marketing: Local Organizations Organizations Boston area organizations: List attached Belmont organizations: List attached Lexington organizations: List attached Watertown organizations: List attached 10 AffirmativeMarketing: Publications and Media • Area Demoaranhic Watertown/Waltham Watertown Tab and CNC West Zone Framingham: Russian Mixed language supplement El Mundo Greater Boston Hispanic/Latino Bay State Banner Greater Boston African American Sampan Greater Boston Chinese& Other Asian Boston Haitian Reporter Greater Boston Haitian Bate Papo Magazine Greater Boston Brazilian/Portuguese Watertown Local Cable Access Lexington Mixed Belmont 11 This ad was run in 2015.No additional paid advertising will be conducted for Busa Farm Want to Live in Belmont,Lexington, Watertown and other Metro West towns? Several Metro West communities are jointly establishing a list of "Ready Renters" who would be interested and income-eligible to rent affordable apartments in these towns. Income Limits: 1 person $48,800 2 person $55,800 121 EQUAL IJU 3 person $62,750 OPPJ .10=1:HTG 7 4 person $69,700 Maximum Rents*: 1 bedroom $1,395 2 bedroom $1,568 3 bedroom $1,742 *including utilities or utility allowance. Actual rents will vary. Applicants will be notified of available units as they come up for lease. Studio, 1, 2 and 3- bedroom units are expected. General Info. Sessions: at 7:00 pm and Saturday Call for details. For a pre-application and additional information contact Robyn at Metro West CD 617-923-3505 x 5 or visit this website: www.metrowested.org, 12 Attachment A Busa Farm, Lexington: Six Affordable Units The Busa Farm Project consists of six units of family rental housing. The project will be regulated under the DHCD Local Initiative Program and the Town of Lexington Community Preservation Committee. The units at Busa Farm will be new construction adjacent to a community farm and recreation fields. The Lexington Housing Assistance Board(LexHAB)was founded in 1983 for the purpose of supporting and developing affordable housing in Lexington. Over the years,they have acquired several condominium units and purchased and renovated many single family and two family homes. They have most recently undertaken a project consisting of one existing home(being renovated) and a three-unit new construction on Fairview Avenue in Lexington,which is scheduled for completion in the Spring of 2018. Collectively,these efforts have resulted in 69 units of affordable rental housing,which LexHAB self manages. The Busa Farm project contains two 3-family properties each containing one 1-bedroom and two 2-bedrooms. Busa Farm Preferences LIP UNITS (60%) Preference for Households with a Member with Disabilities Across all applicant pools first preference shall be given to households with a member with disabilities in need of an accessible or adaptable unit, when such units are available,regardless of household size. When more than one applicant contains a member with a disability then the larger household preference shall apply. Larger Household Preference Within an applicant pool first preference shall be given to households requiring the total number of bedrooms in the unit based on the following criteria: • There is at least one occupant per bedroom. (Disabled households must not be excluded from a preference for a larger unit based on household size if such larger unit is needed as a reasonable accommodation.) • A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. Other household members may share but shall not be required to share a bedroom. • A person shall not be required to share a bedroom if a consequence of sharing would be a severe adverse impact on his or her mental or physical.health and the lottery agent receives reliable medical documentation as to such impact of sharing. 13 ® A household may count an unborn child as a household member. The household must submit proof of pregnancy with the application. ® If the applicant is in the process of a divorce or separation, the applicant must provide proof that the divorce or separation has begun or has been fmalized, as set forth in the application. Within an applicant pool second preference shall be given to households requiring the number of bedrooms in a unit minus one,based on the above criteria. Third preference shall be given to households requiring the number of bedrooms in the unit minus,two,based on the above criteria. A"household" shall mean two or more persons who will live regularly in the unit as their principal residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship, or an individual. Lottery drawings shall result in each applicant being given a ranking among other applicants with households receiving preference for units based on the above criteria. LexHAB Units (80%) Each applicant will receive the following points for meeting the following criteria: Local Preference,using the DHCD definition 1 point (current resident, currently employed by company in or municipality of Lexington, currently enrolled student in the public school system). Documentable homelessness 2 points Cost burdened(more than 40% of income on 1 point housing expenses) Living in documentable substandard conditions 1 point A lottery of all applicants with the same score will be used to establish the order in which they are offered units in the event that more than one applicant has the same score. Larger Household Preference Within an applicant pool first preference shall be given to households requiring the total number of bedrooms in the unit based on the following criteria: a) There is at least one occupant per bedroom. (Disabled households must not be excluded from a preference for a larger unit based on household size if such larger unit is needed as a reasonable accommodation.) b) A husband and wife, or those in a similar living arrangement, shall be required to share a bedroom. Other household members may share but shall not be required to share a bedroom. 14 c) A person described in the first sentence of(b) shall not be required to share a bedroom if a consequence of sharing would be a severe adverse impact on his or her mental or physical health and the lottery agent receives reliable medical documentation as to such impact of sharing. d) A household may count an unborn child as a household member. The household must submit proof of pregnancy with the application. e) If the applicant is in the process of a divorce or separation,the applicant must provide proof that the divorce or separation has begun or has been finalized, as set forth in the application. Within an applicant pool second preference shall be given to households requiring the number of bedrooms in a unit minus one,based on the above criteria. Third preference shall be given to households requiring the number of bedrooms in the unit minus,two, based on the above criteria. A"household"shall mean two or more persons who will live regularly in the unit as their principal residence and who are related by blood, marriage, law or who have otherwise evidenced a stable inter-dependent relationship, or an individual. Preference for Households with a Member with Disabilities - Across all applicant pools first preference shall be given to households with a member with disabilities in need of an accessible or adaptable unit, when such units are available, regardless of household size. When more than one applicant contains a member with a disability then the above scoring system shall apply. Lottery Pools LIP Units All applicants who meet the 60%income limit criteria and who have submitted a complete application will be eligible to enter this Lottery Pool. LexHAB Units Only necessary if,per the scoring criteria described above,there are multiple households with the same score. If that is the case then all applicants who meet the 80%income limit(including the LIP Unit applicants) and have the same score will be in a Lottery Pool to establish a rank order for that"score" strata. Affirmative Marketing Timeline and Busa Farm: Metro West CD already has a list of 500+individuals and families who are searching for affordable rental housing. These potential applicants were recruited through this Ready Renter Program.In addition to a mailing to this list,Metro West CD will: Additional marketing for Busa Farm: 2018 - Outreach to Lexington non-profits - MBHP, other websites 15 - MetroList posting - Massaccesshousingregistry Deadline for pre-applications for Busa Farm will be 2018 Lottery will be held on , 2018 After initial lease-up the Lottery List will be converted to a wait list that may be used to fill any vacancy during the next 12 months. 16 Affordable Apartments at Busa Farm in Lexington The Busa Farms apartments will have several preference. Please check if the below applies to your household. You MUST attach a letter from a non-profit or governmental agency that attests to one of the below: I live in an apartment that is in substandard condition(must provide letter from Health or Building Inspector) The Busa Farms apartments will have several preference. Please check if one of these applies to your household. You MUST attach a letter from a non-profit or governmental agency that attests to one of the below: 0 A household that is living in a place not meant for human habitation, in emergency shelter, in transitional housing, or are exiting an institution where they temporarily resided. Households that are losing their primary nighttime residence, which may include a motel or hotel 0 or a doubled up situation, within 14 days and lack resources or support networks to remain in housing. OHouseholds with children or unaccompanied youth who are unstably housed and likely to continue in that state. This includes families with children or unaccompanied youth who have not had a lease or ownership interest in a housing unit in the last 60 or more days, have had two or more moves in the last 60 days, and who are likely to continue to be unstably housed because of disability or multiple barriers to employment. OHouseholds who are fleeing or attempting to flee domestic violence,have no other residence, and lack the resources or support networks to obtain other permanent housing. This category is similar to the current practice regarding people who are fleeing domestic violence. Name Address Day time phone Email My household income is: The rent I pay is $ I currently O live in ® work in ®or have children attending public school in Lexington DUE to by by 5:00 pm!,to g ; fax: 617-923-8241 or mailed to 79-B Chapel St., Newton, MA 02458 Affordable Apartments in Lexington The Apartments A local non-profit organization will be developing a six-unit rental property at Busa Fram. Units will include: - 1 and 2 bedroom units - 2-bedroom handicapped accessible unit - All utilities included - Lovely landscaped grounds - No pets allowed The Rents The rent will be based on the tenant's ability to pay (a minimum rent of$450 will be charged). maximum rents (including utilities or utility allowance)may be: 1 bedroom—$1,240-1,654 (60%vs. 80%) 2 bedroom—$1,396-1,862 (60%vs. 80%) The Households Households must meet certain income eligibility requirements: Income Limit 1 person 2 persons 3 persons 4 persons 5 persons 6 persons 60% Area Median $41,220 $47,100 $52,980 $58,860 $63,600 $68,280 Income (AMI) - 80%AMI $51,150 $58,450 $65,750 $73,050 $78,900 $84,750 Additionally, households may be subject to credit and background checks. Negative information on either reports does not automatically preclude your household from an apartment. The Process umm To be considered for one of these units contact Metro West Collaborative Development, C AL HOUSING 0PP0ATUHIV? Inc. to complete a pre-application. Contact Robyn at 617-923-3505 x 4 for a pre- application or visit our website at: http://metrowestcd.org/housing-services/TBD These units will be awarded by Lottery! Applications are due (not postmarked)by Lottery to be held TYY users please call 711. FREE TRANSLATION ASSISTANCE IS AVAILABLE: Call Robyn at 617-923-3505 x 5. 17 Attachment B: Homeless Shelters Shelter/Organization to Contact Mailing Address Town South Middlesex Opportunity Council 7 Bishop Street Framingham Bridge House 24 Baker Street Lynn Family Promise MetroWest 13 Common Street Natick Mary's House Family Shelter 62 Church Street Waltham Cross Street Family Shelter 59 Cross Street Somerville Cambridge YWCA 7 Temple Street Cambridge Casa Myrna Vazquez Domestic Violence Support PO Box 180019 Boston Mary Eliza Mahoney House Family Shelter 41R Dimock Street Roxbury Crossroads Family Shelter& Food Pantry 56 Havre Street East Boston Urban Ministries Renewal House Domestic Violence 10 Putnam Street Roxbury Shelter Crittenton Women's Union 1 Washington Mall Boston Crittenton Women's Union 10 Perthshire Road Brighton Cambridge YWCA 7 Temple Cambridge Children's Services of Roxbury 504 Dudley St Roxbury Casa Nueva Vida 53 Glen Road PO Box 2115 Jamaica Plain Crossroads Family Shelter 56 Havre Street East Boston Cross Street Family Shelter 59 Cross Street P.O. Box 440436 Somerville Families in Transition 316 Huntington Ave. Boston Hildebrand Family Self-Help Center, Inc. 614 Massachusetts Avenue, 3rd Cambridge Floor Mary's House/Bristol Lodge Family Shelter 62 Church Street Waltham Nazareth House 91 Regent Street Roxbury Project Hope 550 Dudley Street Roxbury Queen of Peace 401 Quincy Street Boston Re-Vision House 38 Fabyan Street Dorchester St.Ambrose Family Inn 25 Leonard Street Dorchester Margaret's House 90 Cushing Ave. Dorchester Sojourner House 85 Rockland Street Roxbury Centerboard 16 City Hall Square Lynn Temporary Home for Women and Children 41 New Chardon Street Boston Housing Families 254 Broadway Malden Housing Families 350 Cross St. Malden 18 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: LexMedia Contract Renewal - Discussion(15 min.) PRESENTER: ITEM NUMBER: Ken Pogran, Chair, Communication Advisory Committee 1.5 SUMMARY: The current three year Lexington Cable Access Agreement between the Town of Lexington and the Lexington Community Media Center(LexMedia) expires on June 30, 2017. Ken Pogron, Chair, Cable Access Committee will present the LexMedia 2017 Performance Evaluation which includes the fmdings of the public hearing held on April 27, 2017 on LexMedia's performance as well as feedback collected during the public comment period and based upon the positive evaluation recommend to the Town to extend the contract for an additional three year period. SUGGESTED MOTION: Move to accept the recommendation of the Cable Advisory Committee to renew LexMedia's contract and further, to authorize the Town Manager to enter into negotiations to extend the Lexington Cable Access Agreement between the Town of Lexington and the Lexington Community Media Center(LexMedia). FOLLOW-UP: Town Manager DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:45 p.m. ATTACHMENTS: Description Type D 7amm dia Perrfld,rratircauc Rackup M<atorrkal Communications Advisory Committee LexMedia 2017 Performance Evaluation May 18, 2017 In accordance with the Town's contract with LexMedia,this performance review covers the period from July 12014 through June 30 2017, looking in particular at whether the requirements of the agreement detailed in Exhibit A of the contract were met. The Communications Advisory Committee is pleased to report that, in all aspects, LexMedia was satisfactory. LexMedia has proven an inventive, cooperative, and effective provider of local cable access television to the Town of Lexington. LexMedia has done an excellent job of providing On Demand programming and of indexing programs to enable searching. LexMedia has made great outreach efforts by training students and others, including those with internships and co-op opportunities, in filming and editing. They have helped to cover community and ethnic events, events at Cary Hall and Lexington Community Center, as well as the Lexington Veterans'Association. LexMedia also installed a new studio set, a great enhancement.An enhanced camera was installed at Cary Hall to improve transmission quality. They also installed new cameras for HD programming and continue to work with providers to implement HD broadcasts. RCN already provides HD broadcasts. LexMedia also created a YouTube channel,but could provide more content for the channel.Additionally, LexMedia should continue to use social media and similar venues to continue to promote events and programming. The following table addresses specific compliance with each of the 17 requirements of the LexMedia contract. The CAC's conclusions and recommendation follow the table, below. 1 Requirement Section Evaluation Comment Public Programming 1 Satisfactory LexMedia has held production training, including for town members. The programming, equipment, and facilities are well managed. Programs are promoted as appropriate. Educational Programming 2 Satisfactory Review of the programming log and details on internships show that LexMedia has met this requirement. Governmental 3 Satisfactory Program log supplied; rebroadcast Programming requirements are being met. Baseline Programming 4 n/a No longer applicable. Bulletin Board 5 Satisfactory Bulletin Board is present and updated. Outreach 6 Satisfactory Website exists; training and classes are offered; program listings are on web site and in Minuteman; other requirements are met. Policies & Procedures 7 Satisfactory Programming Log 8 Satisfactory Provided to CAC. Index of Meetings 9 Satisfactory Requirements are largely being met, and policies appear on web site. Offsite Storage 10 Satisfactory Offsite storage exists at Cary Library. On Demand Video 11 Satisfactory Available on web site. Upgrade to newer TelVue player is in progress; will offer improved interface. Facilities & Equipment 12 Satisfactory Inventory spot-check performed; no problems found. Reporting Requirements— 13a Satisfactory Quarterly reports have been Quarterly submitted. Reporting Requirements— 13b Satisfactory Annual reports have been Annual submitted. Additional Requirement— 15a Satisfactory Documents were provided. Business & Capital Plans Additional Requirements— 15b Satisfactory List of board members is available Board Membership at LexMedia web site. [Emergeincy Notification 16 Satisfactory Crawler available. reamng of Live Meetings 17 Satisfactory This requirement is being met. 2 RECOMMENDATION: Based on the above,the Communications Advisory (CAC) concludes that LexMedia's performance has been Satisfactory in every area that was considered,and the CAC's recommendation to the Town is that LexMedia's contract be extended for an additional three-year period. 3 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Adjust Rates and Qualification Criteria-Senior Service Program(10 min.) PRESENTER: ITEM Vicki Blier, Pat Costello, Co-Chairs, NUMBER: Tax Deferral and Exemption Committee; Charlotte Rodgers 1'6 SUMMARY: A vote is requested for this agenda item. See attached memo. SUGGESTED MOTION: Move to make the following changes to the Senior Service Program and approved the Board's Senior Service Program Regulation to: . Increase hourly wage rate to $11.00 per hour(adjust to minimum wage); . Increase gross income, including Social Security Income, to $70,000 per household(regardless of single or married status); . Establish the the maximum number of hours a household can work at 140; and . Establish the maximum credit a household may earn at$1,540 (an increase of$210 over the current guidelines). FOLLOW-UP: Human Services Department will update informational material for this program. Selectmen's Office will post Board's regulation on Town website. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 7:55 p.m. ATTACHMENTS: Description Type D Cbnnmitta.o<wnrw8 tswgn arca,nnminvnrw8swtra>nr. CbvorMlonu> D Rov ised BOS Sonn.ior gia iry ice Rog idationn. Bylrw/Rog..TMwwk.aiou `aU5 Mop? o� 1775 v m a " > 4 �W APRIL I9' �EXINC11 Human Services Department TO: Carl Valente, Town Manager Kelly Axtell, Assistant Town Manager FROM: Charlotte Rodgers, Human Services Director RE: Senior Services Program BOS Meeting Packet DATE: May 31, 2017 Overview: The Town of Lexington has operated its own Senior Service Program, which allows low to moderate income seniors (age 60 and over)to perform volunteer work for the Town in exchange for a reduction in their property tax, since 2006. Benefits and Criteria for Participation: Under guidelines established in 2014, the maximum amount of tax reduction that can be earned is $1,045/year(110 hours at$9.50 per hour)for an individual and $1,330/year(140 hours at $9.50/hour)for a two-person household toward their property tax bills. Program History 2011 —2017: FY Number of Participants Rate Cost of Program 2012 32 $8.50 $26,229 2013 28 $8.50 $24,280 2014 26 $9.50 $24,249 2015 23 $9.50 $11,847 2016 23 $9.50 $10,916 2017 16 $9.50 $ 5,928* * Reflects actual hours reported through 12/2016 (some workers request payment at the end of the year, so the hours worked is not reflected here) Proposed Changes to the Program for FY 2018: Despite efforts to expand the program, including small increases in the income threshold, the numbers of participants have been steadily decreasing over the last 6 years. Accordingly, appropriation requests since FY 2010 have been scaled back to reflect realistic funding requirements and the amount of carryover funds available. On May 17, 2017 the Selectmen's Tax Deferral and Exemption Study Committee met to discuss the Senior Services Tax Work Off Program and determine new guidelines to simplify administration and participation in the program. They advised changing the current income guidelines to align with the Property Tax Deferral (Clause 41A)rate of$70,000 39 Marrett Road Lexington, Massachusetts 02421 781-698-4840 The Committee also advised that the hourly rate be changed to $11.00/hour to align with the State minimum wage. The following changes are recommended: • Increase hourly wage rate to $11.00 per hour (adjust to minimum wage) • Increase gross income (including Social Security Income)to $70,000 per household (regardless of single or married status) • The maximum number of hours a household can work is 140 • The maximum credit a household may earn will change to $1,540 (an increase of $210 over the current guidelines) *Using an estimate that assumes 25 residents sign up and earn the maximum number of hours, the proposed changes would impact the program costs as follows: FY Number of Participants Rate Cost of Program 2018 25 $11.00 $38,500 The 2018 appropriation of$30,000 and an estimated balance of$41,301.74 ($71,301.74)is sufficient to cover these proposed guideline increases to the Senior Services Program. BOARD OF SELECTMEN REGULATION Rules and Regulations Applicable to the Senior Service Program Date Approved by BOS: Signature of Chair: June 5, 2017 I. PURPOSE The Board of Selectmen has been duly authorized by the 2007 Annual Town Meeting to provide an opportunity for certain persons over the age of 60 to provide services to the Town of Lexington in exchange for compensation which is to be applied to the real property tax obligation of said person. This regulation establishes the terms and conditions of this Senior Service program. 11. ELIGIBILITY A. Participants in this program must be 60 years of age or older when submitting their application; be domiciled and reside in Lexington; and be an owner of the property to which a reduction in real estate taxes may be granted. If said property is subject to a trust, the participant must be a trustee of the trust. In the case of joint or multiple owners, each may be allowed to provide service. The combined total reduction in dollars on a domicile shall not exceed in a fiscal year: • $1,540 (140 hours)for two participating individuals in a household; unless a greater amount is approved in writing by the Town Manager. B. A taxpayer seeking to participate in the program shall file an application, substantially in the form accompanying these regulations as Attachment A. Said application must be filed each year the applicant wishes to participate in the Senior Service Program. C. A copy of the most recent federal income tax return shall be provided by the applicant, unless otherwise on file with the Town. The household income of an applicant from all sources, taxable and non-taxable, shall not exceed $70,000 per household. D. The administration of this program shall be under the direction of the Human Services Department. III. CALCULATION OF TAX REDUCTION The hourly rate to be credited for services rendered to the Town shall be $11.00 per hour; the total per household for all participants shall not exceed the amounts provided for in Section 11 A of this regulation, including all withholdings, unless a greater amount is approved in writing by the Town Manager. IV. OTHER PROVISIONS A. Treatment of Compensation. The amount of compensation the taxpayer receives under this program is considered income for purposes of state and federal income tax withholding, pension (OBRA)withholding, unemployment compensation and worker's compensation. Participants in this program agree to sign over payments, which will be applied to the participant's property tax bill. B. Status of Senior Service Participants. Taxpayers performing services under this program are considered employees for purposes of municipal tort liability. Municipalities will therefore be liable for damages for injuries to third parties and for indemnification of the participant to the same extent as they are in the case of injuries caused by regular municipal employees. C. Safety of Participants. For the mutual protection of the participant and the interests of the Town, no taxpayer shall be assigned to work for which he or she is not physically qualified. In case of doubt a doctor's certificate shall be obtained stating that the applicant is able to perform the duties to be assigned. D. Payroll Processing. All applicants participating in this program should be directed to the Human Resources Office to complete the necessary payroll and personnel forms. These forms are only completed the first time the individual participates in this program. E. The Town Manager shall be authorized to waive any minor informalities in these regulations provided that the general intent of the program is met and the cost of this program is within the available appropriation. V. REFERENCES Regulation adopted by Board of Selectmen on May 15, 2005. Regulation revised June 4, 2007 to reflect increase of income limits. Regulation revised May 16, 2011 to reflect increase of income limits. Regulation revised June 3, 2013 to reflect increase of individual income limit and hourly rate. Regulation revised June 5, 2017 to reflect increase of household income limit, hourly rate and maximum credit per household. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Consider Summer Water Use Time Restrictions (10 min.) PRESENTER: ITEM David Pinsonneault, DPW Director; NUMBER: Ralph Pecora, Water/Sewer Superintendent I.7 SUMMARY: In our effort to ensure that all water users in Lexington have sufficient water volumes, we are requesting all outdoor water use(irrigation, power washing, etc.) in Lexington be restricted between the hours of 5:30 am and 8:30 am from June 19th to October 6t[1 2017. Restricting outdoor water usage during this timeframe will allow more water to be available to all residential, commercial, and industrial users to meet their indoor water usage demands with a limited impact on pressures throughout the Towns water system. We also suggest that all water users in Lexington consider water conservation techniques both outdoors and indoors to preserve our most precious resource. SUGGESTED MOTION: Move to implement a mandatory outdoor water use time restriction from 5:30am to 8:30am beginning June 19th and continuing through October 6th, 2017. FOLLOW-UP: DPW will notify residents and businesses via the website and the server lists. DPW will also monitor pressures and usage during this period. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 8:05 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Cemetery Fee Analysis and Rate Structure (20 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager; Claire V. Goodwin, Management Analyst 1.8 SUMMARY: A vote is requested for this agenda item. At the Board's meeting on November 21, 2016, in anticipation of planned capital improvements to Westview Cemetery, staff reviewed the current cemetery fee structure to determine if options exist for funding these improvements, in whole or in part, with cemetery fees rather than the tax levy. At that time, the Board expressed willingness to adjust certain Cemetery fees, should these capital projects proceed. Fees had last been increased in 2005 and are well below the surrounding Towns' fees. At the 2017 Annual Town Meeting, $270,000 was appropriated for the design phase for a new cemetery building. Construction is estimated at approximately $2,700,000. Staff will present options for adjusting cemetery fees to fully cover the debt service for these capital projects. It is recommended that only the fees for the sale of a grave and burial fees for residents and non-residents be adjusted. All other burial fees will remain the same at this time. SUGGESTED MOTION: Move to establish the fee for one regular sale of a grave at$1,835, the sale of one infant grave at$395, grave opening for residents at$970, infant grave opening at$245, cremation burial for residents at$355, infant cremation burial at$145, grave opening for non-residents at$1,305, and cremation burial for non-residents at $430 effective July 1, 2017 and to be increased by 2.5% each July 1. FOLLOW-UP: DPW will revise its fee structure. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 8:15 p.m. ATTACHMENTS: Description Type D IUS Rresmawim Onavy We Anaysis Ower Maw D (,,ennu,tory Fee Audys i�;Report June 20117 MWOP MaWQ Cl AppendkOverpage MWOP MaWQ D AppevAM-Aw M=t MWOP MaWQ D Appeu(fix2 Accounts,&Funds, MWOP MaWQ D Appeu(fix3 5 MWOP MaWQ Cl Append k 6-(bnp,,, MWOP MaWQ 13 70 cu u) ■� CD >cu cy) cu L c � c Q v C: 0 aCU0o cn +� U � Nam ' b LL o � � -0 4=0 - U o cu 0 o -0 m —0 cu �■■i �CU � U V N E CV ■ L �- m CV m L O ,O 13 > � 0 = z a� I = cu E Cc:) O > L o CD 0 _ V U) .� m v O _ to L ._ t� ANA AAA c� .0 = �— � ANA to a _ 0 i = m L i O H .ti CL O ANA Cl) N x O � 13 J W m COI o N 0 0 0 0 0 L i �� C M ■ L . ., ■ 0 ■— ._ N N 0 U- N E JC: i E c: p i 00 .� >+ m N E _ a) C) Q O C.� a) x = C� N .0 y— a) ( W m 0) (n0 _ m U o N 0 0 m m E MO xc 0 .p i m - C.� AW _ ._ _0 CL �_ a� a) m 0y- L cr � c CV Q IL iQL t O U N M .r- ■� ■� ■� o AMA AMA AMA O N z L 0 0 0 LM .I.+ >. O O = U N OO _ LM d. 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Q Lm � to M 0 ■� 0 = 0 N CL 0 AMA AMA —� z o CEMETERY FEE ADJUSTMENT ANALYSIS June 5, 2017 Executive Summary The purpose of this Cemetery Fee Adjustment Analysis is to examine the options to adjust the cemetery rates and service fees at Westview Cemetery in order to help fund the construction of the operations and administration building on the grounds and to develop additional land for expansion of the cemetery. The Town of Lexington oversees and maintains 34 acres of grounds at four cemeteries. The Munroe, Robbins, and Colonial Cemeteries are historic cemeteries and not open for public burials. The Westview Cemetery is the sole cemetery in Lexington available to the public to purchase graves. A small, 50 year-old equipment building at the Westview Cemetery serves as the headquarters for the Cemetery Division, and also as the first point of contact and welcome for bereaved customers. 2017 Town Meeting voted and approved the design of a new building. In the presentation to Town Meeting, the Selectmen explained their plan to fund the design and construction costs (debt service) with the incremental revenue from the burial fees and the 45% share of the sale of a grave fee. Design costs are anticipated to total $270,000 and construction costs are estimated at $2.66m. In addition, a section of the cemetery which is currently undeveloped and unopened for grave purchases will need to be opened by FY2023. The cost associated with developing the land totals approximately$100,000. Current Cemetery Fee Structure— In general, cemetery revenues come from three sources: 1. When a grave is sold, the proceeds are split: 55%goes into the Cemetery Trust Fund overseen by the Trustees of the Public Trust and 45%goes into a Special Revenue Account, Sale of Cemetery Lots. 2. Revenue generated from the sale of grave boxes goes into the Cemetery Revolving Fund to offset the cost of the grave boxes. 3. All miscellaneous revenue is deposited into the General Fund. The cemetery rates and service fees have not changed since July 1, 2005. Consequently, the Town charges 47% below the average among 18 comparable communities for the sale of a grave. The Town charges 36% below the average to conduct a burial and 63% below the average to conduct a disinterment (see Appendix 6a and 6b). Staff analyzed the cemetery fee structure and previously identified and presented three options to adjust rates for the Board of Selectmen's consideration. Under two of the options presented, an increase in fees could cover all or a portion of the debt service for a new cemetery facility and the cost of developing part of the cemetery land for expansion purposes. 1 Fee Options Analyzed: The assumptions used for the Total Projected Initial Annual Revenue include funding from Sale of Graves (45%) and the incremental revenue on other burial fees. Proposed new revenue assumes no change in the annual number of burials and the sale of graves from the three year average of FY14-FY16. 1. Option 1— Beginning July 1, 2017, adjust cemetery rates by 2.5% annually over 2005 rates and 2.5% every year beginning FY2019. • Current annual revenue from sale of graves (45%Town share): $43,092 • Estimated annual new revenue: $45,2771 • Total projected initial annual revenue: $88,3692 2. Option 2— Beginning July 1, 2017, adjust cemetery rates to the average among Lexington's comparable communities and 2.5% every year beginning FY2019.3 • Current annual revenue from sale of graves (45%Town share): $43,092 • Estimated annual new revenue: $113,216 • Total projected initial annual revenue: $156,308 3. Option 3 — Beginning July 1, 2017, adjust cemetery rates to cover the estimated debt service for a new equipment/administration building and maintain a minimum of —$100,000 in Sale of Cemetery Lots (approximate 61% increase over rates established in FY2005) and 2.5%every year beginning FY2019. • Current annual revenue from sale of graves (45%Town share): $43,092 • Estimated annual new revenue: $88,498 • Total projected initial annual revenue: $131,590 Table 1: Summary of Proposed Options Proposed Proposed Proposed Proposed Able to Fully Fund Debt Sale of Cemetery Options Grave and Burial Fee Burial Fee Service on $3m Building Lots Account Care Fee (resident) (non- Construction and Capital Balance as of Debt resident) Improvement Service Year 20 Current $1,140 $600 $810 NA NA Option 1 $1,496 $787 $1,063 No $(920,170) Option 2 $2,148 $936 $1,345 Yes $1,040,740 Option 3 $1,835 $966 $1,304 Yes $327,309 1 See Appendix 3-Data for details. z See Appendix 3-Data for details. 3 Data for infant grave prices among comparable communities not collected. Calculated under Option 2 by taking the average increase on the Sale of a Grave under Option 2 and 3. 2 Table 1 shows that Option 2 and Option 3 are the options analyzed that generate sufficient incremental revenue to cover the added expense of debt service for the design and construction of a new administration and equipment building and the capital improvement for the cemetery expansion. Option 1 is unable to finance the debt service and the capital improvement. Option 1 would leave a shortfall of$920,170 (see Table 2a)4, which would need to be appropriated from the tax levy/general fund. The calculation used in Tables 2a-2c begins with the Beginning Balance of the Sale of Cemetery Lots Special Revenue Account and adds the Projected Annual Revenue then subtracts the Projected Debt Service on a $270,000 note and $2.66 million bond at a 3.2% interest rate over a 20 year term and in FY2023, subtracts the $100,000 Future Capital Improvement-Expansion. The ending balance is shown in the far right column: green indicates the account is in the positive, and red when the account is overdrawn. The analysis assumes an increase in fees of 2.5% every fiscal year. 4 See Appendix 4a—Option 1: Debt Service Drawdown for additional calculation details. 3 Table 2a: Debt Service Fundings-Option 1 Option 1: 2.5%Annual Increase Since 2005 Beginning Balance Less: Future Debt Sale of Cemetery Projected Projected Capital Service Lots Special Annual Debt Improvement Ending Year FY Revenue Account Revenue Service - Expansion Balance FY2018 $ 556,683 $ 88,369 $ 4,320 $ - $ 640,732 FY2019 $ 640,732 $ 90,578 $ 8,640 $ - $ 722,671 1 FY2020 $ 722,671 $ 92,843 $240,260 $ - $ 575,253 2 FY2021 $ 575,253 $ 95,164 $235,572 $ - $ 434,845 3 FY2022 $ 434,845 $ 97,543 $230,884 $ - $ 301,504 4 FY2023 $ 301,504 $ 99,982 $226,196 $ 100,000 $ 75,290 5 FY2024 $ 75,290 $102,481 $221,508 $ - � 6 FY2025 $ (43,737) $105,043 $216,820 $ - 7 FY2026 $ (155,514) $107,669 $212,132 $ - 8 FY2027 $ (259,976) $110,361 $207,444 $ - 9 FY2028 $ (357,059) $113,120 $202,756 $ 10 FY2029 $ (446,695) $115,948 $198,068 $ - 11 FY2030 $ (528,815) $118,847 $193,380 $ - Positives W: 12 FY2031 $ (603,349) $121,818 $188,692 $ - Modest 13 FY2032 $ (670,223) $124,863 $184,004 $ - 14 FY2033 $ (729,364) $127,985 $179,316 $ - 1 increase in 15 FY2034 $ (780,695) $131,185 $174,628 $ - fees. 16 FY2035 $ (824,138) $134,464 $169,940 $ - Negatives H: 17 FY2036 $ (859,614) $137,826 $165,252 $ - Unable to 18 FY2037 $ (887,040) $141,271 $160,564 $ - re 19 FY2038 $ (906,333) $144,803 $155,876 $ - debt se vicente. debt service. 20 FY2039 $ (917,406)1 $148,423 1 $151,188 1 $ - Table 2a shows that Option 1 has a projected annual revenue beginning at $88,369. Option 1 begins a negative balance in the Sale of Cemetery Lots in year 5 of the life of the bond (FY2024). 5 Projected debt service is based on $270,000 note and$2.66 million bond at an annual 3.2%interest rate over a 20 year term. 4 Table 2b: Debt Service Funding-Option 2 Option 2:At Average, 88%increase,then 2.5%annual increase Beginning Balance Less: Future Debt Sale of Cemetery Projected Projected Capital Service Lots Special Annual Debt Improvement Ending Year FY Revenue Account Revenue Service - Expansion Balance FY2018 $ 556,683 $156,308 $ 4,320 $ - $ 708,671 FY2019 $ 708,671 $160,216 $ 8,640 $ - $ 860,247 1 FY2020 $ 860,247 $164,221 $240,260 $ - $ 784,208 2 FY2021 $ 784,208 $168,327 $235,572 $ - $ 716,963 3 FY2022 $ 716,963 $172,535 $230,884 $ - $ 658,614 4 FY2023 $ 658,614 $176,848 $226,196 $ 100,000 $ 509,266 5 FY2024 $ 509,266 $181,269 $221,508 $ - $ 469,027 6 FY2025 $ 469,027 $185,801 $216,820 $ - $ 438,008 7 FY2026 $ 438,008 $190,446 $212,132 $ - $ 416,323 Positives (+): 8 FY2027 $ 416,323 $195,207 $207,444 $ - $ 404,086 Able to fully 9 FY2028 $ 404,086 $200,088 $202,756 $ - $ 401,418 fund debt 10 FY2029 $ 401,418 $205,090 $198,068 $ - $ 408,439 service and 11 FY2030 $ 408,439 $210,217 $193,380 $ - $ 425,276 maintain 12 FY2031 $ 425,276 $215,472 $188,692 $ - $ 452,057 healthy balance 13 FY2032 $ 452,057 $220,859 $184,004 $ - $ 488,912 in account. 14 FY2033 $ 488,912 $226,381 $179,316 $ - $ 535,977 15 FY2034 $ 535,977 $232,040 $174,628 $ - $ 593,389 Negatives (-): 16 FY2035 $ 593,389 $237,841 $169,940 $ - $ 661,290 Increase in fees 17 FY2036 $ 661,290 $243,787 $165,252 $ - $ 739,825 may be 18 FY2037 $ 739,825 $249,882 $160,564 $ - $ 829,143 perceived as too 19 FY2038 $ 829,143 $256,129 $155,876 $ - $ 929,396 high. 20IFY20391 $ 929,396 1 $262,532 1 $151,188 1 $ - 1 $1,040,740 Option 2 maintains a positive ending balance in the Sale of Cemetery Lots though does increase the rates and service fees by the highest amount of all the options. 5 Table 2c: Debt Service Funding-Option 3 Option 3: Increase rates by 61%and maintain-$100,000 in account Beginning Balance Less: Future Debt Sale of Cemetery Projected Projected Capital Service Lots Special Annual Debt Improvement Ending Year FY Revenue Account Revenue Service - Expansion Balance FY2018 $ 556,683 $131,590 $ 4,320 $ - $683,953 FY2019 $ 683,953 $134,880 $ 8,640 $ - $810,193 1 FY2020 $ 810,193 $138,252 $240,260 $ - $708,185 2 FY2021 $ 708,185 $141,708 $235,572 $ - $614,321 3 FY2022 $ 614,321 $145,251 $230,884 $ - $528,688 Positives (+): 4 FY2023 $ 528,688 $148,882 $226,196 $ 100,000 $351,374 5 FY2024 $ 351,374 $152,604 $221,508 $ - $282,470 Able to fully fund 6 FY2025 $ 282,470 $156,419 $216,820 $ - $222,069 debt service and 7 FY2026 $ 222,069 $160,330 $212,132 $ - $170,267 maintain 8 FY2027 $ 170,267 $164,338 $207,444 $ - $127,161 -$100,000 in Sale 9 FY2028 $ 127,161 $168,446 $202,756 $ - $ 92,851 of Cemetery Lots. 10 FY2029 $ 92,851 $172,658 $198,068 $ - $ 67,441 Able to remain 11 FY2030 $ 67,441 $176,974 $193,380 $ - $ 51,035 below the 12 FY2031 $ 51,035 $181,398 $188,692 $ - $ 43,741 average in pricing 13 FY2032 $ 43,741 $185,933 $184,004 $ - $ 45,671 for most fees. 14 FY2033 $ 45,671 $190,582 $179,316 $ - $ 56,936 15 FY2034 $ 56,936 $195,346 $174,628 $ - $ 77,655 Negatives (-): 16 FY2035 $ 77,655 $200,230 $169,940 $ - $107,945 Increase in fees is 17 FY2036 $ 107,945 $205,236 $165,252 $ - $147,928 approximately 18 FY2037 $ 147,928 $210,367 $160,564 $ - $197,731 61%and may be 19 FY2038 $ 197,731 $215,626 $155,876 $ - $257,480 burdensome. 20IFY20391 $ 257,480 1 $221,016 1 $151,188 1 $ - 1 $327,309 Option 3 maintains a positive ending balance in the Sale of Cemetery Lots and maintains -$100,000 in the account. Fee would be raised above levels proposed under Option 1 and below levels under Option 2 with the exception of burial fees for residents and infants (a difference of$30 for residents and $35 for infant burials). 6 Notes on Calculations and Additional Details • The number defined as "Total projected initial annual revenue" and which will supplement the debt service includes the following: 0 45%Town contribution from the sale of a grave (current and post-fee increase) o New incremental revenue generated by increasing the cemetery fees on the cost for burials for residents and non-residents. • "Estimated annual new revenue" was calculated based on the previous three year average sales of graves and burials (FY14-FY16). If increases were applied across all cemetery rates and service fees, potential revenue would be larger but was not included in the analysis due to the number being minimal compared to the sale of graves and burial fees. • Accounting and Funds—When a grave is sold, 55% of the proceeds are deposited into the Trustees of the Public Trust, Cemetery Trust Fund. Investment interest earned in the account is transferred into the Cemetery Perpetual Care Fund. Each year, earned investment income is transferred out of the Cemetery Perpetual Care Fund and into the General Fund to support the operating budget for the cemetery. The operating budget for the cemetery exceeds the contribution from the Cemetery Perpetual Care Fund and the revenue generated from the cemetery fees. The net difference is supported by the tax levy. FY16 FY15 FY14 FY13 Trust Fund -Cemetery Transfers out(to fund Perpetual Care 83096030 operating budget) $ 105,000 $ 105,000 $ 105,000 $ 105,000 GF Revenue:burials, 10010090- tents, disinterment, ect. 43240 All fees 1 $ 125,5881 $ 133,0791 $ 122,087 $ 122,321 Total Revenue 1 $ 230,5881 $ 238,0791 $ 227,0871 $ 227,321 GF Operating 1 10049501 JPersonal Services $ 243,225 $ 222,137 $ 224,765 $ 217,499 GF Operating 1 10049502 lExpenditures $ 76,048 $ 49,345 $ 61,199 $ 61,953 Total Expenditures $319,273 $271,483 $285,964 $279,453 Net Difference-Tax Levy Support 1 $ (88,685) $ (33,404) $ (58,877) $ (52,132) • Under this preliminary analysis, current funding for the cemetery will remain unchanged. Contributions into the General Fund will not be affected because the 45% Town share of the sale of a grave is deposited into the Special Revenue account, Sale of Cemetery Lots. The new incremental revenue is being proposed to be used for servicing the debt on the design and construction of the building. The Town expects the Trustees of the Public Trust to continue the contribution into the Town's Trust Fund, the 7 Cemetery Perpetual Care Fund, to help finance a portion of the operating budget expenses of the cemetery. Changes Made Since Preliminary Cemetery Fee Analysis was Presented November 21, 2016 1. The preliminary analysis double counted non-resident burials due to a sourcing data issue. a. The three year average for Grave Openings for Residents is 66, not 125. i. Revenue from grave openings for residents is $39,400, not $75,000. b. The three year average for Cremation Burials for Residents is 19, not 59. i. Revenue from Cremation Burials for Residents is $4,107, not $12,907. 2. Total new revenue was affected for Options land 2. a. Option 1: Total New Revenue under the 2.5% increase is$45,277, not $59,134 i. The ending balance of the Sale of Cemetery Lots account (Table 2a) goes into the negative now in FY2024, rather than FY2026. b. Option 2: Total New Revenue under the At Average Option is $113,157, not $139,133. i. The ending balance of the Sale of Cemetery Lots account (Table 2b) is still high and remains in the positive over the course of the life of the debt service. The revised ending balance is $1.04 million, rather than $1.37 million 3. Option 3 to maintain —$100,000 in the Sale of Graves Account was affected and the fees needed to be adjusted given the double counting. This leads to a 61% increase in fees over FY2005 rates versus the 47% previously cited.The ending balance was not significantly different than previously cited because the fees were adjusted to maintain the ending balance of at least $100,000. a. In order to maintain $100k in the account the fees would need to be: i. Sale of a grave and perpetual care: $1,835, was $1,680 ii. Infant grave sale and perpetual care: $394, was $361 iii. Grave opening for residents: $966, was $884 8 Cemetery Fee Analysis Appendixes Appendix 1—Rate Sheet Appendix 2—Accounts and Funds Appendix 3—Source Data Appendix 4a—Debt Service Drawdown: Option 1 Appendix 4b - Debt Service Drawdown: Option 2 Appendix 4c- Debt Service Drawdown: Option 3 Appendix 5—Debt Service Calculation Appendix 6a—Comps (Body) Appendix 6b—Comps (Ashes) TOWN OF LEXINGTON CEMETERY RATES AND SERVICE FEES GRAVE SALES Current Rates Option 2 Option 3 45%Payable to Town of Lexington (estab.FY2005) 55% Payable to Trustees of Public Trusts Sale of 1 (One) Regular Grave $1,140.00 $2,148 $1,835 Sale of 1 (One) Infant Grave $245.00 $443 $395 BURIAL FEES FOR RESIDENTS Grave Opening $600.00 $936 $970 Infant Grave Opening $150.00 $207 $245 Cremation Burial $220.00 $371 $355 Infant Cremation Burial $90.00 $150 $145 BURIAL FEES FOR NON-RESIDENTS Grave Opening $810.00 $1,345 $1,305 Cremation Burial $265.00 $740 $430 GRAVE BOXES/VAULTS PURCHASED FROM TOWN Grave Box,including Installation $345.00 No change No change Grave Vault,including Installation $550.00 OR PURCHASED FROM OUTSIDE VENDOR Normal Weekday Supervision Fee $60.00 No change No change After Hours, Weekend&Holiday Supervision Fee $144.00 Installation Fee $228.00 MARKERS,URNS AND TENT(optional) Regular Marker Installation $216.00 No change No change Marker Removal $100.00 Infant Marker Installation(16"X18") $96.00 Bronze Urn Installation $48.00 Aluminum Urn Installation $30.00 Town's Galvanized Urn &Installation $42.00 Tent $100.00 DISINTERMENTS Disinterment for a Body Burial $750.00 No change No change Disinterment for a Cremation Burial $96.00 ADDITIONAL FEES Saturday Burial $300.00 No change No change Sunday&Holiday Burial $396.00 Burial called in after 11 a.m. on a Friday For a Monday Burial $300.00 Funeral Arrives at Cemetery after 2 p.m. On a Weekday $150.00 Next Day Interment(Weekday) $150.00 Only 24 Hours Notice for Saturday Burial $300.00 ri 00 m -zl- r-I R* 0 0 0 0 M O N ri Ol M M ri O M 00 00 ri -zl- O ri Ln N O O N N M Ln N 61 Lr) Ln 00 I- 61 Ln 01 I- Lr) O M Ln O O O O O I- ' N M �t 0) R* 4.0 O 00 ' 00 M r- M ZF N c I LA 00 00 Lr Iz 00 O 00 N r- c I Ol r-�' c I Ln N e-i N 00 Ln 00 Ol N 00 r- O LD N �t LD N ri L.0 N N �t N R* LL 01 ri 01 ri ri e-4 ri N i N r e-{ N N 'n i/) i/} i/} �t N M 00 Ln LD O ri O e-i N 00 e-i Il Lr) Ol R* 00 O O 00 Ln O O L.O O 01 N m O e-i Ln ri N 00 l0 Ol LD Ln Il rl Ln Ln N 00 ri 00 e-i O M O R* rl r R* O I- ri 01 00 r- �t e-i L(1 c-I Ln c-I Ol r4 c-I LA Ln N 00 N e-I N -zF c-I LA N c-I N N Il �t Ln N M 01 4.0 00 O R* t0 �t e-4 N N L.0 00 �t Ln M LD >- Ol c-I N i i N e-4 c-I r e-4 Ln r N ri e-4 LL N M 'n i/} <!} V)} .kn i/} <!} i/} n i/)- i/} i/} .(/f i/) <!} <!} i/} n l0 �t r- Ln N M c I I, O 01 ri Il 00 01 I- Ln M 00 O O 00 Ol O N 00 �t 00 ri L.0 O N r� M O Il M �t 00 Ln M L.0 N ri 00 M ri 00 01 �t O O R* -zt lO ' e-i O ri M R* ri Ln O ' LD Ln c I O O Q6 I%zl N Ol L/j LD c I r- Ol M N Ol e-I N M Ol LD e-4 0) 00 L.0 Ol �t N �t l0 O O ri -zl- Ln M N �t N 4.0 �t N N LL ri i i N r r e-4 Ln Ln ri N N ri e-4 M M i/) i/} i/} i/} iJ} n i/)- i/} i/} n i/)- i/} i/} n i/)- ill). i/} 4j). iJ)- i/} i/} i/} i/f M N 00 00 O Ln 01 I- O LD 00 L.O O M 00 Ln 00 M 00 O O 00 M Ln M ri -zl- Ln Il N O O O I- O 00 00 N O N N L.0 O 00 01 L.O M L.O �t 00 �t Ln O O ri Ln O LD Ln N O N 4.0 I- r- ' LD r- O M c I c I 14 t0 r- Ln 01 Ol N Ln LD Ln M LA Ol t0 00 M e-i I, 00 00 l0 00 O O N Ln M M Ln N �t r- e-i Il �t M 01 LL CV M ri ri Ln Ln ri N M ri e-I M M 3 LL C (0 N Y cli U C L y O N U lB U LL tLD Q m (0 0A C o C LL X to Ln Q N N UCA C L Q 3 C E N a O H o CL CL > >- L Q L Q O C7 4 � O C 4_ 0) U -0 Ln Ll C N O E t0 N 3 0 0A 3 N N 3 U +- LL (B U a-' �, N 4� O 3 M CL "- 03 M E 03 f0 N 03 f0 O N R �. 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Appendix 4a -Option 1 Option 1: 2.5%Annual Increase Since 2005 Beginning Balance Less: Debt Sale of Cemetery Projected Projected Future Capital Service Lots Special Annual Debt Improvement- Ending Year FY Revenue Account Revenue Service Expansion Balance FY2018 $ 556,683 $ 88,369 $ 4,320 $ - $ 640,732 FY2019 $ 640,732 $ 90,578 $ 8,640 $ - $ 722,671 1 FY2020 $ 722,671 $ 92,843 $ 240,260 $ - $ 575,253 2 FY2021 $ 575,253 $ 95,164 $ 235,572 $ - $ 434,845 3 FY2022 $ 434,845 $ 97,543 $ 230,884 $ - $ 301,504 4 FY2023 $ 301,504 $ 99,982 $ 226,196 $ 100,000 $ 75,290 5 FY2024 $ 75,290 $ 102,481 $ 221,508 $ - 6 FY2025 $ (43,737) $ 105,043 $ 216,820 $ 7 FY2026 $ (155,514) $ 107,669 $ 212,132 $ - 8 FY2027 $ (259,976) $ 110,361 $ 207,444 $ - 9 FY2028 $ (357,059) $ 113,120 $ 202,756 $ - 10 FY2029 $ (446,695) $ 115,948 $ 198,068 $ - 11 FY2030 $ (528,815) $ 118,847 $ 193,380 $ - 12 FY2031 $ (603,349) $ 121,818 $ 188,692 $ - 13 FY2032 $ (670,223) $ 124,863 $ 184,004 $ - 14 FY2033 $ (729,364) $ 127,985 $ 179,316 $ - 15 FY2034 $ (780,695) $ 131,185 $ 174,628 $ 16 FY2035 $ (824,138) $ 134,464 $ 169,940 $ - 17 FY2036 $ (859,614) $ 137,826 $ 165,252 $ - 18 FY2037 $ (887,040) $ 141,271 $ 160,564 $ - 19 FY2038 $ (906,333) $ 144,803 $ 155,876 $ 20 FY2039 $ (917,406) $ 148,423 $ 151,188 $ - Appendix 4b -Option 2 Option 2: At Average Beginning Balance Less: Debt Sale of Cemetery Projected Projected Future Capital Service Lots Special Annual Debt Improvement- Ending Year FY Revenue Account Revenue Service Expansion Balance FY2018 $ 556,683 $ 156,308 $ 4,320 $ - $ 708,671 FY2019 $ 708,671 $ 160,216 $ 8,640 $ - $ 860,247 1 FY2020 $ 860,247 $ 164,221 $ 240,260 $ - $ 784,208 2 FY2021 $ 784,208 $ 168,327 $ 235,572 $ - $ 716,963 3 FY2022 $ 716,963 $ 172,535 $ 230,884 $ - $ 658,614 4 FY2023 $ 658,614 $ 176,848 $ 226,196 $ 100,000 $ 509,266 5 FY2024 $ 509,266 $ 181,269 $ 221,508 $ - $ 469,027 6 FY2025 $ 469,027 $ 185,801 $ 216,820 $ - $ 438,008 7 FY2026 $ 438,008 $ 190,446 $ 212,132 $ - $ 416,323 8 FY2027 $ 416,323 $ 195,207 $ 207,444 $ - $ 404,086 9 FY2028 $ 404,086 $ 200,088 $ 202,756 $ - $ 401,418 10 FY2029 $ 401,418 $ 205,090 $ 198,068 $ - $ 408,439 11 FY2030 $ 408,439 $ 210,217 $ 193,380 $ - $ 425,276 12 FY2031 $ 425,276 $ 215,472 $ 188,692 $ - $ 452,057 13 FY2032 $ 452,057 $ 220,859 $ 184,004 $ - $ 488,912 14 FY2033 $ 488,912 $ 226,381 $ 179,316 $ - $ 535,977 15 FY2034 $ 535,977 $ 232,040 $ 174,628 $ - $ 593,389 16 FY2035 $ 593,389 $ 237,841 $ 169,940 $ - $ 661,290 17 FY2036 $ 661,290 $ 243,787 $ 165,252 $ - $ 739,825 18 FY2037 $ 739,825 $ 249,882 $ 160,564 $ - $ 829,143 19 FY2038 $ 829,143 $ 256,129 $ 155,876 $ - $ 929,396 201 FY2039 1 $ 929,396 1 $ 262,532 1 $ 151,188 1 $ - $ 1,040,740 Appendix 4c-Option 3 Option 3: Increase rates by 61%and maintain -$100,000 in account Beginning Balance Less: Debt Sale of Cemetery Projected Projected Future Capital Service Lots Special Annual Debt Improvement- Ending Year FY Revenue Account Revenue Service Expansion Balance FY2018 $ 556,683 $ 131,590 $ 4,320 $ - $ 683,953 FY2019 $ 683,953 $ 134,880 $ 8,640 $ - $ 810,193 1 FY2020 $ 810,193 $ 138,252 $ 240,260 $ - $ 708,185 2 FY2021 $ 708,185 $ 141,708 $ 235,572 $ - $ 614,321 3 FY2022 $ 614,321 $ 145,251 $ 230,884 $ - $ 528,688 4 FY2023 $ 528,688 $ 148,882 $ 226,196 $ 100,000 $ 351,374 5 FY2024 $ 351,374 $ 152,604 $ 221,508 $ - $ 282,470 6 FY2025 $ 282,470 $ 156,419 $ 216,820 $ - $ 222,069 7 FY2026 $ 222,069 $ 160,330 $ 212,132 $ - $ 170,267 8 FY2027 $ 170,267 $ 164,338 $ 207,444 $ - $ 127,161 9 FY2028 $ 127,161 $ 168,446 $ 202,756 $ - $ 92,851 10 FY2029 $ 92,851 $ 172,658 $ 198,068 $ - $ 67,441 11 FY2030 $ 67,441 $ 176,974 $ 193,380 $ - $ 51,035 12 FY2031 $ 51,035 $ 181,398 $ 188,692 $ - $ 43,741 13 FY2032 $ 43,741 $ 185,933 $ 184,004 $ - $ 45,671 14 FY2033 $ 45,671 $ 190,582 $ 179,316 $ - $ 56,936 15 FY2034 $ 56,936 $ 195,346 $ 174,628 $ - $ 77,655 16 FY2035 $ 77,655 $ 200,230 $ 169,940 $ - $ 107,945 17 FY2036 $ 107,945 $ 205,236 $ 165,252 $ - $ 147,928 18 FY2037 $ 147,928 $ 210,367 $ 160,564 $ - $ 197,731 19 FY2038 $ 197,731 $ 215,626 $ 155,876 $ - $ 257,480 201 FY2039 1 $ 257,480 1 $ 221,016 1 $ 151,188 1 $ - $ 327,309 Appendix 5-Debt Calculations Amount $ 2,930,000 Term 20 Interest 3.20% Principal $ 146,500 Year 1 Interest $ 93,760 Total $ 240,260 $240,260 Principal $ 146,500 Year 2 Interest $ 89,072 Total $ 235,572 $235,572 Principal $ 146,500 Year 3 Interest $ 84,384 Total $ 230,884 $230,884 / Principal $ 146,500 Year 4 Interest $ 79,696 1, Total $ 226,196 $226,196 Principal $ 146,500 Year 5 Interest $ 75,008 Total $ 221,508 $221,508 Principal $ 146,500 1��� � I Year 6 Interest $ 70,320 Total $ 216,820 $216,820 -f Principal $ 146,500 Year 7 Interest $ 65,632 Total $ 212,132 $212,132 Principal $ 146,500 Year 8 Interest $ 60,944 Total $ 207,444 $207,444 Principal $ 146,500 Year 9 Interest $ 56,256 Total $ 202,756 $202,756 Principal $ 146,500 Year 10 Interest $ 51,568 Total $ 198,068 $ 198,068 Principal $ 146,500 Year 11 Interest $ 46,880 Total $ 193,380 $ 193,380 Principal $ 146,500 Year 12 Interest $ 42,192 Total $ 188,692 $ 188,692 Principal $ 146,500 Year 13 Interest $ 37,504 Total $ 184,004 $ 184,004 Principal $ 146,500 Year 14 Interest $ 32,816 Total $ 179,316 $ 179,316 Principal $ 146,500 Year 15 Interest $ 28,128 Total $ 174,628 $ 174,628 Principal $ 146,500 Year 16 Interest $ 23,440 Total $ 169,940 $ 169,940 Principal $ 146,500 Year 17 Interest $ 18,752 Total $ 165,252 $ 165,252 Principal $ 146,500 Year 18 Interest $ 14,064 Total $ 160,564 $ 160,564 Principal $ 146,500 Year 19 Interest $ 9,376 Total $ 155,876 $ 155,876 Principal $ 146,500 Year 20 Interest $ 4,688 Total $ 151,188 $ 151,188 L O O O I0 o a0+ m O J m ' O V m N 00 00 O m v c y LL y O O Ln m 0 0 0 0 m Ln l0 N o y O m r N m r r N r m O v v} v} v} v} v} v} v} v? v? v? v? v? v? v? v} O O O O O M O O M O O O M O O O M O Ol l0 0 G O w w O O l0 N rlc O O O w O l0 l0 N 00 d' r1 m O O N r1 N N d' r1 N m m N l0 m m r1 c-I N N M N @ A i+ L � Ve G y O O O m m m O m O O m O m O O n3 O O d l0 O Ln O c c c 0 c 0 0 c 0 c 0 0 c 0 0 r1 m E A 00 m Ln Ol N Ol d' 00 Ln O l0 w m - 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Later this month the Town will be selling Bond Anticipation Notes (BAN) for a variety of capital projects. State law requires the Board of Selectmen to approve the maximum term for certain equipment funded through debt. Said term should not exceed the useful life of the equipment. Included in the BAN sale will be a administrative trailer and material screener for the Compost Facility on Hartwell Avenue. It is recommended that the debt term for these two pieces of equipment be 15 years, although the Town will likely issue the debt for something less than this amount. SUGGESTED MOTION: See attached. FOLLOW-UP: Assistant Town Manager for Finance is planning BAN issue, for BOS approval on June 19, 2017. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 8:35 p.m. ATTACHMENTS: Description Type D Vote pd,rr Usa.rM pjfta a>l p ipnuunm:t Rackrrkn Matorrinl I, the Clerk of the Board of Selectmen of the Town of Lexington, Massachusetts, certify that at a meeting of the board held June 5, 2017, of which meeting all members of the board were duly notified and at which a quorum was present, the following vote was unanimously passed, all of which appears upon the official record of the board in my custody: Voted: that the maximum useful life of the departmental equipment listed below to be financed with the proceeds of borrowings authorized the articles shown below of the Town voted at the 2017 annual and special town meetings shown below is hereby determined pursuant to G.L. c.44, §7(1) to be as follows: Article Purpose Borrowing Amount Maximum Useful Life 12c Material Screener- $525,000 10 Years 12n Trailer for compost site $200,000 20 Years I further certify that the votes were taken at a meeting open to the public, that no vote was taken by secret ballot, that a notice stating the place, date, time and agenda for the meeting (which agenda included the adoption of the above votes) was filed with the Town Clerk and a copy thereof posted in a manner conspicuously visible to the public at all hours in or on the municipal building that the office of the Town Clerk is located, or, if applicable, in accordance with an alternative method of notice prescribed or approved by the Attorney General as set forth in 940 CMR 29.03(2)(b), at least 48 hours, not including Saturdays, Sundays and legal holidays,prior to the time of the meeting and remained so posted at the time of the meeting, that no deliberations or decision in connection with the subject matter of this vote were taken in executive session, all in accordance with G.L. c.30A, §§18-25 as amended. Dated: June5,2017 Clerk of the Board of Selectmen AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Discussion of Options for Use of 20 Pelham Road Property (30 min.) PRESENTER: ITEM NUMBER: Board Discussion 1.10 SUMMARY: Continue discussion of options for 20 Pelham Road property; Lexington Children's Place and community use. SUGGESTED MOTION: FOLLOW-UP: Summit meeting on June 8 to determine consensus position. 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PRESENTER: ITEM NUMBER: Suzanne Barry, Chairman I.11 SUMMARY: No vote is requested for this agenda item. Review possible Special Town Meeting Articles: • Hasting School Construction Funding • 20 Pelham Road Design funding for construction documents Construction funding for abatement work, pending final design option chosen • Fire Station Project Design funding for main Station construction documents Design and construction funding for temporary fire station location • Amend FY18 Operating Budget(Facilities-utilities; Town Clerk elections). • Create Affordable Housing Stabilization Fund (Brookhaven mitigation) • Transfer Funds to TDM and Traffic Mitigation Stabilization Funds • Supplemental CPA Funding for 52 Lowell Street Affordable Housing Project • Consider Zoning for recreational marijuana SUGGESTED MOTION: NA FOLLOW-UP: For discussion at June 8 Summit meeting DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 9:05 p.m. AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Review and Approve Regional Housing Services Agreement (5 min.) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.12 SUMMARY: A vote is requested for this agenda item. This agenda item calls for the continuation, for another three years, of the agreement for a regional housing service office. The only substantive change is adding the Town of Burlington to the agreement. SUGGESTED MOTION: Move to approve and sign the agreement between the Towns of Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston for a shared Regional Housing Services Office, for a period of July 1, 2017 through June 30, 2020. FOLLOW-UP: None. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 9:15 p.m. ATTACHMENTS: Description Type D RogTMia,ud Housing Sorrw rces Ofll a AgTMrra.ra.nx it Rackup Matorrinl AGREEMENT THIS AGREEMENT is entered into by and between the Towns of Acton, Bedford, Burlington, Concord, Lexington, Sudbury and Weston, hereafter referred to collectively as the "Municipalities," this day of 2017, as follows: WHEREAS, the Municipalities desire to share the services and costs of a common Regional Housing Services Office; and WHEREAS, the Town of Concord is willing and capable of hosting a Regional Housing Services Office; and WHEREAS, each of the Municipalities has authority to enter into this Agreement pursuant to G.L. c. 40, s. 4A; NOW, THEREFORE, the Municipalities, in mutual consideration of the covenants contained herein, intending to be legally bound, agree under seal as follows: 1. Term. The term of this Agreement shall commence on July 1, 2017 and shall expire after a term of three years on June 30, 2020, unless earlier terminated as set forth herein. Any municipality may withdraw from the Agreement as defined below. The Agreement may be renewed for additional three-year terms as voted by each municipality through its respective Board of Selectmen by January 1 of the year of the expiring term. 2. Lead Municipality. During the Term of this Agreement, the Town of Concord shall act as the lead municipality. The Town of Concord shall perform or provide the following: a. Issue Requests for Proposals for Consultants to provide housing administrative services described in Exhibit A: Core Housing Services, attached and incorporated herein, for all the Municipalities; b. Enter into contracts with Consultants to provide said housing administrative services; c. Manage the Consultant contracts; d. Receive invoices from the Consultants and make payments in a timely manner for services rendered; e. Provide office space and related utilities for the Consultants to operate the Regional Housing Services Office; f. Administer the collection, accounting and use of funds provided by the Municipalities to fund the Consultant contracts; g. Provide overall program oversight and related administration; h. Provide conflict resolution in accordance with Section 10 below. 3. Duties of the Regional Housing Services Office. During the Term of this Agreement, the Regional Housing Services Office shall perform the housing administrative services as described in Exhibit A: Core Housing Services for an annual allocation of hours as indicated in Exhibit B: Fee Structure, attached and incorporated herein. 11P RHSO FYI IMA 5.10.17 4. Funding Structure and Payment. The Town of Concord shall annually request funds from the Municipalities for the upcoming year by July 1 with payment due within 30 days of the written request and the Municipalities shall provide annual funding to the Town of Concord pursuant to the Fee Structure, attached as Exhibit B: Fee Structure. Funding for supplemental services not included in Exhibit A: Core Housing Services and for additional hours in excess of the allotted hours in Exhibit B: Fee Structure shall be requested separately, at the discretion of the Town of Concord and the individual municipality. The Town of Concord shall hold all funds in a separate revolving fund account in trust for each Municipality and shall not disburse such funds for any purpose other than payment of invoices from the contracted Consultants for services rendered and other program expenses. Any municipality may borrow or lend hours to other Municipalities upon written agreement between the impacted municipalities, provided that the total number of hours available to the Regional Housing Services Office remains constant. 5. Subsequent Year Adjustments. The annual allocation of hours in Exhibit B: Fee Structure shall be reviewed and adjusted, if necessary, annually, three (3) months prior to end of each year of the Term of this Agreement. The Town of Concord shall provide to all Municipalities a record of the actual hours of services provided to each municipality and propose an amended Exhibit B in order to make any adjustments necessary for the following year of the Term, which shall be adopted as the Municipalities may agree, in accordance with Section 14. 6. Indemnification. Notwithstanding the final sentence of G.L. c. 40, §4A, to the extent permitted by law, each Municipality (the "Indemnifying Municipality") separately agrees to indemnify the Town of Concord, including all officials, officers, employees, agents, servants and representatives, from and against any claim arising out of the duties performed by the Regional Housing Services Office pursuant to the Agreement in or on behalf of the Indemnifying Municipality for any claim of liability, loss, damages, costs and expenses for personal injury or damage to real or personal property by reason of any negligent act or omission by the Regional Housing Services Office while performing services for the Indemnifying Municipality. As to any claim or occurrence, the express indemnification set forth above shall be town-specific: Acton's obligations shall be limited to the services provided for Acton; Bedford's obligations shall be limited to the services provided for Bedford; Burlington's obligations shall be limited to the services provided for Burlington; Concord's obligations shall be limited to the services provided for Concord; Lexington's obligations shall be limited to the services provided for Lexington; Sudbury's obligations shall be limited to the services provided for Sudbury; and Weston's obligations shall be limited to the services provided for Weston. The Indemnifying Municipality's obligation to indemnify under this Section shall be limited to and benefited by the immunities and the limits on liability that would be applicable under M.G.L. c. 258 and any other law or statute limiting the liabilities of municipalities as if the negligent act or omission had been made by an employee of the Indemnifying Municipality. Furthermore, the Indemnifying Municipalities shall not be liable for any claims arising from: a. Violations of state or federal civil rights statutes; b. Violations of state or federal discrimination statutes; c. Wrongful termination claims; 2 1 P RHSO FYI IMA 5.10.17 d. Violations of any state or federal statute dealing with employment practices; e. Claims that are covered by any insurance policy. 7. Termination. (Subsection A) Any Municipality, by a vote of its respective Board of Selectmen or Select Board, may withdraw from and terminate this Agreement at the end of any year with the provision of at least two months prior written notice to the Town of Concord. No such termination shall affect any obligation of indemnification that may have arisen hereunder prior to such termination. Upon such termination, the Town of Concord shall prepare full statements of outstanding unpaid financial obligations under this Agreement and present the same to the terminating Municipality for payment within thirty (30) days thereafter. The Town of Concord, by a vote of its respective Select Board, may terminate this Agreement upon the provision of at least one month prior written notice to the participating Municipalities. After termination of this Agreement, the Town of Concord shall remain liable to the participating Municipalities for any portion of the payments received not earned. (Subsection B) Any Municipality may withdraw at the end of any fiscal year in which the municipal legislative body has not appropriated funds sufficient to support that municipality's participation in the subsequent fiscal year,provided that in such an event, the municipality shall give as much notice to other subscribers to this Inter-Municipal Agreement as the circumstances allow. 8. Advisory Committee. There shall exist an Advisory Committee comprised of one (1)representative from each municipality, whom shall be appointed by the Town Manager/Administrator of the municipality. The Advisory Committee shall endeavor to meet on a quarterly basis in July, October, January and April. The Town of Concord shall prepare and send to each municipality a quarterly status report prior to the quarterly meeting. 9. Conflict Resolution. The Advisory Committee may hold additional meetings to discuss and resolve any conflicts that may arise including, but not limited to, disagreements regarding the needs of each municipality and changes to the annual allocation of hours as indicated in Exhibit B: Fee Structure. Any recommendations made to the Director of the Regional Housing Services Office must be made by a majority vote. Any unresolved issues shall be decided by the Town Manager of the Town of Concord. 10. Additional Communities. The Advisory Committee may vote at any time to amend this Agreement to add an additional municipality or municipalities by unanimous vote and approval of the Lead Municipality, so long as there are no more than nine (9) member communities. If voted and approved as provided in this Section, the participation of said municipality or municipalities is effective as of July 1 of the fiscal year next after the vote is taken unless otherwise agreed among all parties. . Any such additional municipality must be adjacent to at least one municipality participating in this Agreement unless waived by a majority of the Town Manager's of the originally participating communities. 11. Financial Safeguards. The Town of Concord shall maintain separate, accurate and comprehensive records of all services performed for each of the Municipalities hereto, and all funds received from the Municipalities. The Town of Concord shall issue a financial report for each fiscal year to each of the Municipalities by December 31 of the following fiscal year. 3 1 P RHSO FYI IMA 5.10.17 12. Assignment. None of the Municipalities shall assign or transfer any of its rights or interests in or to this Agreement, or delegate any of its obligations hereunder, without the prior written consent of all of the other Municipalities. 13. Amendment. This Agreement may be amended only in writing signed by all Municipalities duly authorized thereunto. 14. Severability. If any provision of this Agreement is held by a court of appropriate jurisdiction to be invalid, illegal or unenforceable, or if any such term is so held when applied to any particular circumstance, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, or affect the application of such provision to any other circumstances, and the remaining provisions hereof shall not be affected and shall remain in full force and effect. 15. Governing _Law. This Agreement shall be governed by, construed,This Agreement shall be governed by, construed, and enforced in accordance with the laws of the Commonwealth of Massachusetts. 16. Headings. The paragraph headings herein are for convenience only, are no part of this Agreement and shall not affect the interpretation of this Agreement. 17. Notices. Any notice permitted or required hereunder to be given or served on any Municipality shall be in writing signed in the name of or on behalf of the Municipality giving or serving the same. Notice shall be deemed to have been received at the time of actual receipt of any hand delivery or three (3)business days after the date of any properly addressed notice sent by mail as set forth below: Town of Acton Steven Ledoux, Town Manager 472 Main Street Acton, MA 01720 Town of Bedford Richard Reed, Town Manager 10 Mudge Way Bedford, MA 01730 4 1 P RHSO FYI IMA 5.10.17 Town of Burlington John D. Petrin, Town Administrator 29 Center Street Burlington, MA 01803 Town of Concord Christopher Whelan, Town Manager Town House, P.O. Box 535 22 Monument Square Concord, MA 01742 Town of Lexington Carl F. Valente, Town Manager 1625 Massachusetts Avenue Lexington, MA 02420 Town of Sudbury Melissa Murphy-Rodrigues, Town Manager 278 Old Sudbury Road Sudbury, MA 01776 Town of Weston Donna S. VanderClock, Town Manager P.O. Box 378 Weston, MA 02493 18. Complete Agreement. This Agreement constitutes the entire Agreement between the Municipalities concerning the subject matter hereof, superseding all prior agreements and understandings. There are no other agreements or understandings between the Municipalities concerning the subject matter hereof. Each Municipality acknowledges that it has not relied on any representations by any other Municipality or by anyone acting or purporting to act for another Municipality or for whose actions any other Municipality is responsible, other than the express, written representations set forth herein. 51P RHSO FYI IMA 5.10.17 [SIGNATURE PAGES FOLLOW EXHIBIT B] Exhibit A Core Housing Services 1. Monitoring • Monitoring Database of Affordable Housing Developments and residents • Annual monitoring of ownership units • Annual monitoring of rental developments • Reconcile municipal inventory records with the Subsidized Housing Inventory maintained by the Department of Housing and Community Development • Add new units to the inventory as required 2. HOME administration • Assist in the preparation of the Annual Action Plan and Annual CAPER documents • Consult on HOME funded projects 3. Local Suport • Meet on-site with staff and housing entities • Consult on projects • Prepare and Review project documents 4. Regional Activities • Assist communities with regional linkages • Maintain and support RHSO website, including public and private pages • Provide programs to residents • Administer the Program on behalf of all communities 61P RHSO FYI IMA 5.10.17 [SIGNATURE PAGES FOLLOW EXHIBIT B] Exhibit B Fee Structure The participating municipalities will proportionally share the total cost of operating the Regional Housing Services Office. The proportional share is determined based on the percentage of hours planned to support each municipality for core services as represented in the fee schedule. Membership Fee Schedule Chart for FYI Hours Pro rata $ Pro rata% Acton 320 $22,773 11% Bedford 450 $32,024 15% Burlington 155 $11,030 5% Concord 440 $31,312 15% Lexington 440 $31,312 15% Sudbury 830 $59,066 28% Weston 345 $24,552 12% 2,980 $212,069 100% This fee structure does not include payment for supplemental services which will be proposed and invoiced outside of this agreement or payment for additional hours in excess of the allotted hours. 71P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF ACTON By its Board of Selectmen 8 1 P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF BEDFORD By its Board of Selectmen 9 1 P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF BURLINGTON By its Board of Selectmen 101P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF CONCORD By its Select Board 111P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF LEXINGTON By its Board of Selectmen 121P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF SUDBURY By its Board of Selectmen 131P RHSO FYI IMA 5.10.17 WITNESS OUR HANDS AND SEALS as of the first date written above. TOWN OF WESTON By its Board of Selectmen 141P RHSO FYI IMA 5.10.17 151P RHSO FYI IMA 5.10.17 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: FYI Cost-of-Living Adjustment for Non-Represented Employees (5 min) PRESENTER: ITEM NUMBER: Carl F. Valente, Town Manager 1.13 SUMMARY: A vote is requested for this agenda item. A 2% cost of living adjustment for Fiscal Year 2018 is recommended implemented as follows: 1% on July 1, 2017 and 1% on January 1, 2018. This amount is consistent with the amount negotiated with those Unions who have settled contracts for FY18. This proposed cost of living adjustment is within the amount allocated in F Y 18 salary adjustment account. Positions covered by this proposed adjustment is shown in the attachment. SUGGESTED MOTION: Move to approve and authorize a 2 percent cost of living adjustment for non-represented staff as listed on the attachment, implemented by a 1% increase on July 1, 2017 and 1% increase implemented on January 1, 2018. FOLLOW-UP: TMOMR. DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 9:20 p.m. ATTACHMENTS: Description Type D Non Roo C'LA hi rra.r se FV118 Rackrrkn Matorrinl July 1, 2017 COLA list NON -UNION Positions Department Office Manager Assessing Executive Assistant to the Board of Selectmen Board of Selectmen Municipal Assistant Board of Selectmen Recording Secretary Board of Selectmen Administrative Assistant Finance Assistant Town Manager for Finance/Comptroller Finance Budget Officer Finance Director of Purchasing Finance Town Accountant/Assistant Finance Director Finance Fire Chief Fire Office Manager- Fire Department Fire Human Services Director Human Services Office Manager- Human Services Human Services Veterans Services Officer Human Services Veterans Services District Director Human Services Chief Information Officer Information Services Project Manager Information Services Alternate Inspectors Land Use, Health and Development Assistant Town Manager for Development Land Use, Health and Development Office Manager- Land Use Land Use, Health and Development Visitor's Center Manager Land Use, Health and Development Visitor's Center Assistant Manager Land Use, Health and Development Visitor's Center Tourism Advisors Land Use, Health and Development Casual -Temporary Library Employees Library High School Library Pages Library Library Director Library Assistant Library Director Library Office Manager- Library Library Part-time less than 8 hrs/biwkly Library Employees Library Cadets Police Office Manager- Police Department Police Parking Lot Attendants Police Per-Diem Public Safety Dispatchers Police Police Chief Police Administrative Assistants Public Facilities Office Manager Public Facilities Assistant Director of Public Facilities Public Facilities Assistant to the Project Manager Public Facilities Audiovisual Technician Public Facilities Director of Public Facilities Public Facilities Facilities Engineer Public Facilities Facilities Superintendent Public Facilities LHS Facility Manager Public Facilities Project Manager Public Facilities Superintendent of Custodial Services Public Facilities PBC Recording Secretary Public Facilities Clerk of the Works Public Facilities DPW Sidewalk Cleaning Attendants Public Works Office Manager- Public Works Public Works 1 NON -UNION Positions Department Per Diem Engineering Assistant Public Works Public Works Director Public Works Manager of Operations Public Works Seasonal Compost Attendant Public Works Recreation and Community Programs Director Recreation and Community Programs Office Manager Recreation and Community Programs Seasonal Recreation Office Assistant Recreation and Community Programs Benefits Coordinator/HR Generalist Town Manager's Office Assistant Town Manager Town Manager's Office Human Resources Assistant Town Manager's Office Human Resources Director Town Manager's Office Office Manager- Special Events Coordinator Town Manager's Office Parking Hearing Officer Town Manager's Office Town Manager Town Manager's Office 2 AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Selectmen Committee Appointments and Reappointments (5 min.) PRESENTER: ITEM NUMBER: Suzanne Barry, Chair 1.14 SUMMARY: Minuteman Regional Technical High School District School Committee The recent agreement with Minuteman specifies the appointing authority for the district school committee as the Board of Selectmen. Mr. Horton has been serving on the school committee representing Lexington. The Board would be appointing him to continue after his current term expires on June 30, 2017. Zoning Board of Appeals The Zoning Board of Appeals Chair has recommended the appointment of Mr. Cohen to an open associate member seat. SUGGESTED MOTION: Motion to approve the appointment of David C. Horton to the Minuteman Regional Technical High School Committee for a three-year term to expire June 30, 2020. Motion to approve the appointment of Norman P. Cohen as an associate member of the Zoning Board of Appeals for a one-year term to expire September 30, 2017. FOLLOW-UP: Board of Selectmen DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 9:25 p.m. ATTACHMENTS: Description Type D C"a>hou /QUA Rackup Matorrinl APPLICATION FOR APPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Board/Committee of Interest: 1. 8oc ki ()Qlaaeecjs 2. 3. 4. Would you consider another Committee: For how long should we keep your application on file? Full Name: a rrrl u n 00 Aen Nickname: /V G�-4_7 Preferred Title (please circle) 6/MS./Mrs./Other: Home Address: J3 Fore-St- S` ' O cl Zip:O ? 2 I f Length of Residence in Lexington: Occupation: �e��''�� L� Wye✓ Work Address: Phone: Home Work Fax Cell E-mail: Work: Home: If you currently serve on a Board or Committee,please identify: PCI Special Training, Interests, Qualifications: Have you been asked by a Committee to become a member? e5 How did you hear about the Committee? Please attach a current resume, if possible. Add any comments below or on a separate page. Signature: Date: TOWN OF LEXINGTON APPLICATION FOR REAPPOINTMENT FOR BOARD/COMMITTEE MEMBERSHIP Boar ommittee of Interest: F �'C� Full Name: �D a 4o r I O o Preferred Title (please circlek ./Ms./Mrs.//Other Home Address: Length of Residence in Lexington: ea Vt s Current Occupation: r-e T�[,I (rej Work Address: r AZA Phone Number(s): Home: 6&�-`1,9 Xq,; Work: Fax Number(s): Email Address: C V'E' ere r� a©( , G e Vh Comments: C'& Members of Town boards and committees, as defined by the Conflict of Interest Law, M.G.L. c. 268A, must abide by the standards of conduct as set forth by the Massachusetts State Ethics Commission. Within 30 days of appointment, and annually thereafter, committee members must acknowledge receipt of the Summary of the Conflicts of Interest Statute from the Town Clerk, and thereafter must provide documentation of biennial completion of the on-line training required by the Conflict of Interest Statute. The law places responsibility for acknowledging receipt of the summaries, and for completing the online training on the individual. You will be provided additional information by the Town Clerk pertaining to this law and recently enacted education and training r ' emepts. Signature: Date: G:A02:B&C's Application AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Proclamations: Alzheimer's Awareness and Immigrant Heritage Month PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.1 SUMMARY: Request the Board approve and sign a proclamation recognizing the month of June as Immigrant Heritage Month. The fourth-annual Immigrant Heritage Month(IHM) celebrates our country's immigrant heritage and acknowledges the stories of individuals, families and communities who have contributed to the unique fabric of our country. Request the Board approve and sign a proclamation declaring June 17, 2017 as "Lexington Goes Purple Day" to raise awareness and honor those facing Alzheimer's disease and other forms of dementia. SUGGESTED MOTION: Approve Consent Agenda FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D MM Pira,a,l<mution.. Rackup Matorinl llurpk�Day Rackup Matorinl lOvS MORN OQ 1775 �G U'v �µ 3 Eown of lexington, f a,0aCbU5ettq ,s b 3 a� APPIL19 �Fx INC,'1pN OFFICE OF SELECTMEN Prackloativir Whereas: generations of immigrants from every corner of the globe have built our country's economy and created the unique character of our nation; and Whereas: immigrants continue to grow businesses, innovate, strengthen our economy, and create American jobs in Lexington, Massachusetts; and Whereas: immigrants have provided the United States with unique social and cultural influence, fundamentally enriching the extraordinary character of our nation; and Whereas: immigrants have been tireless leaders not only in securing their own rights and access to equal opportunity, but have also campaigned to create a fairer and more just society for all Americans; and Whereas: despite these countless contributions, the role of immigrants in building and enriching our nation has frequently been overlooked and undervalued throughout our history and continuing to the present day. NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts, do hereby proclaim the month of June 2017 as AVJ7WfflM4Nt*Qritaff-e AV ttlj in the Town of Lexington and call upon all citizens to join us in celebrating our country's immigrant heritage - stories of individuals, families and communities who have contributed to the unique social fabric of a country whose greatness is fueled by its diversity. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 5th of June 2017. SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO DOUGLAS M.LUCENTE 1�v5 MORN pQ 1775 �G U'v �µ 3 Eown of lexingtDri, A��Af�U�ett� ,s b 3 a� APPIL19 �Fx INC,'1�N OFFICE OF SELECTMEN Prackloativir Whereas: Alzheimer's is the most costly disease in the United States and is the sixth-leading cause of death in the United States and an estimated 5.5 million Americans of all ages have Alzheimer's disease; and Whereas: The Alzheimer's Association is marking June as Alzheimer's and Brain Awareness Month and June 21 as The Longest Day (a sunrise-to-sunset event to honor the strength, heart and endurance of those facing Alzheimer's disease); and Whereas: On and around the summer solstice, the longest day of the year, thousands of people from around the world will do what they love in order to raise awareness and funds in honor of those facing Alzheimer's; and Whereas: On June 17, 2017, Lexington residents will join volunteers around the world boosting awareness of Alzheimer's disease and other forms of dementia, and fundraising for a cure. Lexington residents, in partnership with the Human Services Department and Across Lexington, will be doing what they love • walking the Across Lexington Trails • wearing their finest purple attire to honor those living with the disease • learning about services and support for partners and caregivers • folding 100 Origami cranes with the LHS Origami Club to help our wish for a world w/o Alzheimer's to come true NOW, THEREFORE, WE, THE BOARD OF SELECTMEN of the Town of Lexington, Massachusetts, do hereby proclaim Saturday, June 17, 2017 as �&Xftrgtorr 40oes'Rawk ,dap in the Town of Lexington and urge all citizens to join in to learn more about Alzheimer's disease, to support the individuals living with Alzheimer's and to become part of the effort to combat this disease. IN WITNESS WHEREOF, we have set our hands and caused the seal of Lexington to be affixed herewith on the 5th of June 2017. SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO DOUGLAS M.LUCENTE AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Sign Scout Commendation Letters - Julianna Winters, M. Cecile Denton and Douglas Amirault PRESENTER: ITEM NUMBER: Suzanne Barry, Chairman C.2 SUMMARY: The Board is asked to sign letters of commendation to: • Julianna Winters, congratulating her on achieving the Gold Award. The Gold Award represents the highest level of achievement in the Girl Scouts of America. • M. Cecile Denton, congratulating her on achieving the Summit Award, the highest rank attainable in Venturing. • Douglas Amirault, congratulating him on earning the rank of Eagle Scout of the Boy Scouts of America. SUGGESTED MOTION: FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D Winters GAI Rosoa utionr.➢a.rttor D llmitou Vonturing Ra.rsoa utiou➢a.rttor D An iraidt lngkl Ra.rsoa utiou➢a.rttor �oVS Moq^,t off` 1775 tiON Q q w 3 Eown of lexingtDri, A��Af�U�ett� a APRIL I9" lFX7NC,I OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 June 5, 2017 Julianna Winter 16 Thoreau Road Lexington, MA 02420 Dear Julianna, Congratulations on earning the Gold Award--the highest achievement in Girl Scouting. We realize that you had to work hard to get this far and that only about 5% of all Girl Scouts are able to earn it. Your time spent in positions of leadership and the successful completion of the seven-step project speak to your dedication. Earning the Gold Award is so much more than just another patch to wear on your uniform. It is recognition of what you have done so far, but of more importance is the implied promise to carry the ideals of Girl Scouting into your adult life. We know that your family and your sister Girl Scouts are proud of you and will look to you to be a leader as you continue your journey beyond the Gold Award. Again, congratulations and good luck in all your future endeavors. Sincerely, Suzanne E. Barry, Chairman Peter C. J. Kelley Joseph N. Pato Michelle L. Ciccolo Douglas. M. Lucerne 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov �oVS Moq^,t off` 1775 tiON Q q w 3 EDwri of lexirigtDri, A��Af�U�ett� a APRIL I9" lFX7NC,I OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 June 5, 2017 M. Cecile Denton 2380 Massachusetts Ave. Lexington, MA 02421 Dear Cecile, Congratulations on earning the Summit Award, the highest rank in the Boy Scouts of America Venturing Program. We know that the path to your new rank was not an easy one with the requirement that you exhibit leadership, service, and personal growth along with completion of a service project. Your service project, a keyhole composting garden built behind the School Administration Building, will be enjoyed by many. We also know you were one of the founders of Crew 1775 and that you served as the first President of Crew 1775. Even as a relatively new member of the Scouting family in Lexington, Crew 1775 has earned a reputation as an active co-ed Scouting organization. Your leadership has been an important part of the reason for the success of the Crew. In Boy Scouts, much is made of the Trail to Eagle. In your earning of the Summit Award,you have helped blaze a new Venturing trail as the first Summit Award recipient in Lexington, the first in the Flintlock District, and one of a small handful in the Spirit of Adventure Council. Again, congratulations and good luck in all your future endeavors. Sincerely, Suzanne E. Barry, Chairman Peter C. J. Kelley Joseph N. Pato Michelle L. Ciccolo Douglas. M. Lucerne 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov �QVS Mogh,J a� 1775 y Eown Dt lexi Igton, APRIL 19' l t'X)NGI OFFICE OF SELECTMEN SUZANNE E.BARRY,CHAIRMAN PETER C.J.KELLEY JOSEPH N.PATO MICHELLE L.CICCOLO TEL: (781)698-4580 DOUGLAS M.LUCENTE FAX: (781)863-9468 June 5, 2017 Douglas R. Amirault 6 Bowser Road Lexington, MA 02420 Dear Douglas, Congratulations on attaining the highest rank in Scouting. We know the trail to Eagle Scout has not always been an easy one and we recognize that you have had to work hard to get this far. Your time in positions of leadership within Troop 4119, and the successful completion of your Eagle project, speaks to your dedication. Being an Eagle is so much more than just another rank. It is a recognition of what you have achieved so far, but of more importance is the implied promise you have made to maintain the ideals of Scouting into your adult life. We know that your family and fellow Scouts are proud of you and will look to you to be a leader as you continue your journey beyond Eagle. Again, congratulations and good luck in all your future endeavors. Sincerely, Suzanne E. Barry, Chairman Peter C. J. Kelley Joseph N. Pato Michelle L. Ciccolo Douglas. M. Lucente 1625 MASSACHUSETTS AVENUE• LEXINGTON,MASSACHUSETTS 02420 e-mail selectmen@lexingtonma.gov AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Use of Battle Green(2) - Peace Rally and Flag Day Ceremony PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C. 3 SUMMARY: The Lexington Interfaith Clergy Association has requested a Battle Green Permit for the purpose of holding a peaceful rally on Sunday, June 11, 2017 at 6 p.m. to bring together faith, town, and school leaders, and community members in solidarity against against hate and in support of hope and compassion. The Lexington Lodge of Elks has requested a Battle Green Permit for the purpose of the annual Flag Day Ceremony to be held on June 14, 2017 at 7:00 p.m. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D Q'a.r<tce pally Rackup Matorrinl RECEIVED TOWN OF LEXINGTON SELECTMEN'S OFFICE MAY 3 1 2011 SELECTMEN APPLICATION FOR „ , „ ,, BATTLE GREEN PERMIT The Board of Selectmen issues permits for the use of the Battle Green(see attached regulations). Please fill in this form completely and return to the Selectmen's Office no less than two weeks prior to the requested date. NAME, PHOT,1E NUMBER, and EMAIL ADDRESS OF A RESPONSIBLE _ CONTACT: ,I t 04 I t ro "5 J 8 12 lk 1 . ©�- DATE AND TIME OF EVENT: I AA L LaSao rd N TURE OF EVEN Q,OLL {k ( Zq vtq7r—� EXPECTED N MBE Off' PAR ICIPANTS, SPECTATORS, AND VEHICLES: _ DURATION OF EVENT: C STATE EMT OF EQUIPMENT AND FACI ITAES TO BE USED: SECTION OF THE DESI D: A � � , C ADDITIONAL INFORMATION: Authoriz Signature Federal Identification No. or Social Security Number '; vi A'( i 5 2017 9� wsu SELECTMEN L E X I N G T 0 N LODGE No• 2204 BENEVOLENT AND PROTECTIVE ORDER OF ELKS INSTITUTED MARCH 26, 1961 A FRATERNAL ORGANIZATION Exalted Ruler P. O. Box 176 Secretary Eric Huoppi LEXINGTON, MA 02420 Alysia Osgood 781-862-9759 Birthplace of American Liberty Treasurer Austin Smith May 3, 2017 Board Of Selectmen Town Of Lexington 1625 Massachusetts Avenue Lexington, MA To The Chairperson: The Lexington Lodge Of Elks #2204 cordially invites the Board Of Selectmen to participate in our annual Flag Day Ceremony to be held on Wednesday, June 14, 2017 at 7:00 P.M. at the Lexington Battle Green. It is requested that the Lexington Lodge Of Elks #2204 be given permission for the use of the Battle Green on June 14, 2017 at 7:00 P.M. It is also requested that a platform be made available and a public address system with a 110-volt outlet. Your co-operation, as in the past, will be greatly appreciated. Sincerely, Eric Huoppi Roger J. Doherty Jr. Eric Houppi Roger J. Doherty Jr., Exalted Ruler Committee Chairman Day time phone 781-863-8185 Email address: elk1286(a_aol.com AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve One Day Liquor Licenses- Wilson Farm(2) PRESENTER: ITEM NUMBER: Suzanne Barry, Chairman C.4 SUMMARY: Wilson Farms has requested two (2) One-Day Liquor Licenses to serve wine at"Dinner in the Field" farm events to be held on Wednesday, June 14 and Wednesday, July 12, 2017 from 6 -9 p.m. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D Wilson Fan all Army 06114117 Cavan Mom) D Wilson Q ana 11 army 7.112 Cavan Mom) p CC� C � df� o°S"OR MAY 2 6 2017 TOWN OF LEXINGTON SELECTMEN'S OFFICE SELECTMEN APRIL qiN APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: (di is"owl Farm CONTACT NAME AND NUMBER: 1�1"C &el &4 wf c�r d ADDRESS FOR MAILING: / 11eAlA EMAIL ADDRESS: i'G��,p�C �✓Isms ,���r,, TITLE/PURPOSE OF EVENT: jr�, ���, 7� LOCATION AND ADDRESS: /0 Plea shnj /'Y)tiq ©d-cl o�, Z DATE OF FUNCTION: 31vedrIeSCLIJ TIMES OF FUNCTION: TYPE OF LIQUOR TO BE SERVED: ( �► ��?, (,r/, n . DATE AND TIME WHEN LIQUOR DELIVERED: N k ✓� r �,;� DATE AND TIME WHEN LIQUOR REMOVED: j,"rle &, ADDITIONAL INFORMATION: tI a-S pr per S®i, 6ms, k u Iiorize& ' "nature Federal Identification No. or Social Security Number KSEL:ECTMEN N ' UMGRH2 6 2017 ° TOWN OF LEXINGTONVti I � SELECTMEN'S OFFICE♦vxiL qrH x INGIT APPLICATION FOR ONE-DAY LIQUOR LICENSE The Board of Selectmen issues one-day liquor licenses to for-profit and non-profit organizations that serve liquor and charge either a cover charge or for each drink. Please fill in this form completely and return to the Selectmen's Office along with a check for$25.00 made payable to the Town of Lexington. BUSINESS/FUNDRAISING ORGANIZATION: CONTACT NAME AND NUMBER: ADDRESS FOR MAILING: /C) 34, EMAIL ADDRESS: �✓If�,ee rtil TITLE/PURPOSE OF EVENT: 0010er 1', /,,Frm ve)4 LOCATION AND ADDRESS: /ter' -c},�- DATE OF FUNCTION: We d ne J_ I� TIMES OF FUNCTION: �� m �prr� TYPE OF LIQUOR TO BE SERVED: led (41A e_ 66 4 e- DATE AND TIME WBEN LIQUOR DELIVERED: jL)f y J4y--�ao/,7-1 QV„ DATE AND TIME WHEN LIQUOR REMOVED: ul y / � � ¢�r ADDITIONAL INFORMATION: Ia� )ef pers 0 Vq s n2x(_- r, o c i WL✓P�/r li✓!f rr�n��r/r 4 .-r,, Authorized Signature Federal Identification No. or Social Security Number AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Adjustments to Water/ Sewer PRESENTER: ITEM NUMBER: David J Pinsonneault C.5 SUMMARY: Adjustments to Water/Sewer as recommended by WSAB 4/13/17 $ (86,684.02) Adjustments to Water/Sewer as recommended by WSAB 5/18/17 $ (15,350.95) SUGGESTED MOTION: Motion to approve the Water& Sewer adjustments as noted above. FOLLOW-UP: Treasurer/ Collector DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D BOS65117 CavorMomm) I,€ 0BOSFY2017 n7s ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD ,�ir� 6/5/17 WSAB 5/18/17 ACCOUNT • 0200344900 33 Sherburne Road $ 1 $( 309.68) (2,951.32) $ (4,261.00) 879253 2017 0200344902 33 Sherburne Road $ (4,865.76) $ (4,865.76) 879254 2017 0200483400 419 Lowell Street $ (1,304.67) $ (4,919.52) $ (6,224.19) 862330 2017 i r $ (7,480.11) $ (7,870.84) $ (15,350.95) THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER, TOTAL $ (7,480.11) $ (7,870.84) $ (15,350.95) I i i l DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN 615117 FY2017 rTTs ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD WSAB 4/13/17 BOS 615117 PAGE 2 OF 2 ACCOUNTA Carried over from Page 1 $ (21,679.93) $ (54,228.27) $ (75,908.20) 0100005600 329 Massachusetts Avenue $ (1,516.70) $ (1,516.70) 855553 2017 0360658200 6 Minute Man Lane $ 50.40 $ (685.72) $ (635.32) 865394 2017 0300931800 14 Normandy Road $ (2,038.85) $ (2,038.85) 868895 2017 0200335502 52 Winthrop Road $ (2,979.75) $ (2,979.75) 831350 20T 6 0100034700 3 Woodpark Circle $ (12.89) $ (24.23) $ (37.12) 850741 2016 0200524800 399 Lowell Street $ (720.37) $ (1,681.12) $ (2,401.49) 841864* 2017 0300797800 18 Winter Street $ (7.44) $ (721.06) $ (728.50) 867121 2017 0200383702 46 Ledgelawn Avenue $ (438,09) $ (438.09) 861022* 2017 $ (25,788.07) $ (60,895.95) $ (86,684.02) It is further recommended to waive all accumulated Interest on disputed bills for which no abatement is recommended. ACCOUNT Although one bill will be adjusted,other bills are included in the calculation It is the recommendation of the Water and Sewer Abatement Board that the Town Collector be authorized to waive interest that has accrued on the bills included herein,unless stated here otherwise,from the due date of the bill until 30 calendar days after the date of written notification to applicant of the Selectmen's action. THE SUM SET AGAINST THE ABOVE ACCOUNTS IS HEREBY ADJUSTED. WATER SEWER TOTAL ($25,788.07) ($60,895.95) ($86,684.02) DIRECTOR OF PUBLIC WORKS BOARD OF SELECTMEN June 5,2017 i i FY2017 ipls ADJUSTMENTS TO WATER/SEWER AS RECOMMENDED BY THE WATER AND SEWER ABATEMENT BOARD iwirr PAGE 1 OF 2 WSAB 4/13/17 BOS 6/5/17 ACCOUNT • 0300632700 1 Aaron Road $ (139.80) $ (391.60) $ (531.40) 865058 2017 0100138500 41 Baker Aveune $ (29.15) $ (92.29) $ (121.44) 857246 2017 0300955402 9 Barberry Road $ (244.92) $ (244.92) 869206 2017 0300709300 10 Bedford Street $ (142.01) $ (472,44) $ (614.45) 866045 2017 0100157600 7 Bird Hill Road $ (38.19) $ (163.91) $ (202.10) 857480 2017 0100230100 12 Brookside Avenue $ (56.36) $ (822,64) $ (879,00) 858470 2017 0300951300 510 Concord Avenue $ (69.84) $ (189.60) $ (259.44) 869152 2017 0300668600 1 Conestoga Road $ (81.75) $ (312.20) $ (393.95) 865528 2017 0300686800 3 Constitution Road $ (85.60) $ (235.48) $ (321.08) 865752 2017 0200481000 30 Cottage Street $ (147.42) $ (492.73) $ (640.15) 862301 2017 0200419100 19 Eaton Road $ (307.98) $ (1,040.28) $ (1,348.26) 861486 2017 0300642800 11 Frances Road $ (8.24) $ (28.56) $ (36.80) 865183 2017 0200522300 6 Hathaway Road $ (82.51) $ (319.60) $ (402.11) 862859 2017 0300714800 70 Hill Street $ (150.45) $ (568.88) $ (719.33) 866102 2017 0200554700 10 Holmes Road $ (112.82) $ (310.15) $ (422.97) 863344 2017 0100210900 1 Kendall Road $ (27.76) $ (83.10) $ (110,86) 858237 2017 0200339400 126 Kendall Road $ (84.39) $ (229.10) $ (313.49) 860448 2017 0100307002 3 Tricorne Road $ (2,241.96) $. (2,241,96) 869939* 2017 0100228900 634 Waltham Street $ (226.79) $ (656,41) $ (883.20) 858456. 2017 0300931500 41 Woodcliffe Road $ (210.01) $ (605,59) $ (815.60) 868891 2017 0300692400 39 Asbury Street $ 30.60 $ (189,89) $ (159.29) 865824 2017 0300775600 58 Blossomcrest Road $ 66.60 $ (413.29) $ (346.69) 858539 2017 0300917000 72 Bridge Street $ 27.12 $ (837.85) $ (810.73) 868693 2017 0300974500 3 Hampton Road $ 53,82 $ (1,133,18) $ (1,079.36) 869329 2017 . 0200400700 59 Harding Road $ 31.86 $ (1,263.31) $ (1,231.45) 861252 2017 0300778600 77 Hartwell Avenue $ (17,508.72) $ (41,703.28) $ (59,212.00) 866914 2017 0100051000 8 Ingleside Road $ (584.30) $ (584.30) 856081 2017 0200385300 66 Ledgelown Avenue $ .45.36 $ (281.48) $ (236.12) 861043 2017 0100173100 29 Locust Avenue $ 25.56 $ (229.65) $ (204.09) 857717 2017 0300889600 12 Loring Road $ . 35.82 $ (577.48) $ (541.66) 868323 2017 $ (21,679.93) $ (54,228.27) $ (75,908.20) *Denotes that more than one bill is involved In the abatememt AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Request for Water and Sewer Deferral ITEM PRESENTER: NUMBER: C.6 SUMMARY: The resident of 9 Hillside Terrace have submitted their application for deferral of the FY2017 water and sewer payments. SUGGESTED MOTION: Motion to approve the consent agenda. FOLLOW-UP: Selectmen's O ffic e DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Approve Minutes-November 2016 PRESENTER: ITEM NUMBER: Suzanne Barry, Chair C.7 SUMMARY: The Board of Selectmen regular meeting minutes for November 7, 21, and 29, 2016 as well as a joint summit of the BOS, School Committee, Appropriation Committee and Capital Expenditure Committee on November 9, 2016 are ready for review and approval. The Board of Selection executive session minutes for November 7, 9, and 21 (2 Session), 2016 are ready for review and approval but not release. SUGGESTED MOTION: Motion to approve the Board of Selectmen regular meeting minutes for November 7, 21, and 29, 2016 as well as a joint summit of the BO S, School Committee,Appropriation Committee and Capital Expenditure Committee on November 9, 2016. Motion to approve but not release the Board of Selection executive session minutes for November 7, 9, and 21 (2 sessions), 2016. FOLLOW-UP: Board of Selectmen's Office DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 ATTACHMENTS: Description Type D Nov onbor20116 Roguk�v Meeting Minutes Rackup Matorinl D Novenber 20116 Exrcutivo Sossion,Meeting Minutes, Rackup Matorinl 70-79 Selectmen's Meeting November 7, 2016 A meeting of the Board of Selectmen was held on Monday, November 7, 2016 at 7:00 p.m. in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo, were present as well as Mr. Valente, Town Manager, and Ms. Siebert, Recording Secretary. Grant of Location Petition for National Grid Ms. Barry recognized Dennis Regan, Permit Representative for National Grid. National Grid seeks permission to install and maintain approximately 19 feet of 2 inch gas main on Byron Avenue from the existing 2 inch gas main at House 415 southerly to House 411 for a new gas service. Mr. Cohen ascertained that the DPW has reviewed and approved the petition for the proposed installation. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the petition. Noise Bylaw Special Permit Request DPW Director Pinsonneault asked the Board to consider a request to hold a Noise Bylaw Special Permit Public Hearing in order to allow cleanup of the sidewalks in the Center area and along Bedford Street. The requested work time is Mondays and Fridays beginning at 5 a.m. from October 10 to November 26 and includes both sides of Massachusetts Avenue from Meriam St. to Woburn St. The DPW also seeks permission to prepare Bedford St. from the bike path to Mass. Ave. and along Mass. Ave. to Woburn St. for Patriots' Day activities. The work period requested is Monday through Friday April 9 to April 20, also beginning at 5 a.m. A Special Permit is necessary in both instances because of heavy vehicular and pedestrian traffic during regular work hours. If the Board is open to granting a Special Permit, staff will notify abutters and advertise the Public Hearing via legal notice. Mr. Kelley said the Selectmen have recently received a number of noise complaints from Oakland St. residents due to cleanup activity in the Depot Parking Lot. He asked whether the practice of starting in early morning hours is new. Mr. Pinsonneault said this has been the practice for a number of years; he added that the location of the work has been along Mass. Ave., not in the Depot Lot. Using backpack blowers, workers move debris into the street where the street sweeping machine can come by to pick it up. Mr. Pinsonneault said the backpack blower models the DPW is using are noise-reduced but the DPW remains sensitive to resident concerns and will continue to search for quieter-but-still- effective options. Mr. Kelley said that households with young children might be most affected by such early morning noise and that, in any case, 5 a.m. seems too early to start. Ms. Ciccolo said she, too, was surprised by the number of negative comments from residents and agreed with Mr. Kelley that 6 a.m. is early enough for noisy work to begin. She said giving 70-80 Selectmen's Meeting—November 7, 2016 neighbors a sense of what the limits of the disturbance would be number of days of the year affected, etc.—might help to calm anxieties. Mr. Cohen asked if the work could be accomplished if started at 6 a.m. Mr. Pinsonneault said the DPW would adjust as needed but starting later would mean taking more days to finish. Dr. Mary Daly, 15 Oakland St,presented a petition to the Town from her neighborhood against leaf-blower use occurring outside the limits of the Noise Bylaw (9 p.m. to 7 a.m.). Dr. Daly cited research from several sources that shows excessive decibel levels contribute to poor physical and mental well-being. She noted that the gas-powered leaf blowers used by the DPW have 1000 times the recommended decibel limit for healthful sleep. Increased efficiency, she said, comes at a high price for those who withstand the noise. Dr. Daly added that the DPW used the leaf blowers this fall from 5:00 -5:45 a.m. every Monday and Friday without a Special Permit and it disturbed everyone in her household. Dr. Daly said that leaf blower use was not a common practice until a few years ago, with the exception of one or two days around Patriots' Day. At that time, the Town called to alert abutting residents. Dr. Daly noted that other towns have banned leaf blowers and that cost analyses exist, making the case that the job can be done without resorting to leaf blower use. Dawn McKenna, 9 Hancock St. and Precinct 6 Town Meeting member, said although she is an avid supporter of the DPW in general, she experiences a lot of DPW-related noise other than leaf blowing at her Town Center residence. Mr. Kelley asked Mr. Pinsonneault if curbside parking along the work area could be blocked off during the work period. Mr. Pinsonneault said, based on comments, the DPW would step back and take a look at a few things before returning to the Board for approval of the Special Permit hearing. Ms. Ciccolo said she agreed with this approach, saying that without an alternative plan, the question was not ready to be brought to the Public Hearing stage. Ms. Barry said the Board would entertain holding a hearing but would first want to see alternate recommendations for starting time, type pf equipment used, marking areas off as "no parking", etc. Tax Classification Presentation To present the issue, Ms. Barry recognized Assistant Town Manager for Finance Rob Addelson and Chairman of the Board of Assessors, Gregory Johnson. In the audience, Director of Assessing Rob Lent was introduced as well as members of the Board of Assessors, Ed Grant, and Casimir Groblewski. Mr. Addelson said the purpose of the presentation was to initiate the process of setting the FYI tax rate which will take place over three separate meeting dates: November 7 (tonight); November 21; and December 5. On November 21, the Board of Selectmen will conduct a tax classification Public Hearing. On December 5, the Selectmen will take 4 votes: to establish a Residential Factor; to determine whether to adopt the Open Space discount; determine whether to adopt the Residential Exemption and, if so, by what percentage (now up to 35% from a previous cap of 20% as a result of a recent change in the law as part of the Municipal Modernization Act); and to determine whether to adopt the Small Commercial Exemption. 70-81 Selectmen's Meeting—November 7, 2016 At tonight's meeting, the focus is on information contained in the Tax Classification packet: Alternative Tax Rate Scenarios for FY2017 (Exhibit A); Historical Levy Summary (Exhibit B); History of Average Single Family Assessed Value and Property TaxFY1992 to Present (Exhibit C); Preliminary Values By Class: FY2016 to FY2017 (Exhibit D); Town of Lexington—Tax Rate Shift Options &Property Comparisons (Exhibit D-1); Tax Factors and Tax Rates—Comparable Commercial Communities and Contiguous Communities (Exhibit E); Top 25 Communities by Total Assessed Value (Exhibit F); Tax Factors and Tax Rates for Aaa and AAA Rated Communities (Exhibit G); and Adoption of Residential Exemption Property Tax Impact Analysis (Exhibit H). Before turning the presentation over to Mr. Johnson, Mr. Addelson noted that at the Special Town Meeting in September, supplemental appropriations were approved financed with an increase in the estimated New Growth for FY17. Since September, New Growth estimates have increased by another $500,000 which, after Free Cash certification next July, could be put toward the Capital Stabilization Fund that can then be used to address impending projects/debt currently under discussion. Mr. Johnson then took the Board through the information contained in the exhibits, noting that the maximum allowable levy limit percentage of change between FY16 and FY17 is 4.4%; the increase in residential valuation is 5.62%; the increase in Commercial, Industrial and Personal Property classes (CIP)valuation is 3.6%; and the Proposition 2 1/z increment increase to the levy total is 2.37%. Mr. Johnson showed tables within the exhibits of how different rate increases to different property classifications would impact the various categories of taxpayers. In the Residential category (noting that the average single family dwelling increased in valuation from $887,355 in FY16 to $919,929 in FY17), the possibility of a 1.75 tax burden shift factor from Residential to Commercial/Industrial would result in an increase of$381 or 2.94% (net of New Growth) making the average tax bill $13,336. Also, if the Town were to adopt an increase in exemptions in the Residential category (from the previous cap of 20%to the new cap of 35% allowed by law), the resulting new residential rate for non-exempt properties of higher valuation would be $21.18 per thousand dollars of assessment, up from the current$14.50 per thousand. At the end of Mr. Johnson's detailed presentation, Mr. Pato thanked Mr. Johnson, his Board of Assessors colleagues, and the Finance Department for their efforts and noted that the information is used all year long. Mr. Pato then said, due to revaluation of residential property, shifting the tax burden has not always alleviated the pain of residential tax increases as intended. This year, the law has changed as to what the exemption percentage can be (from 20%to 35%); the Board should examine what the effect across the population would be of raising the cap and how this would affect properties assessed at a higher value. Mr. Pato said that he receives comments all the time from senior citizens who are avidly looking ways to reduce their tax burdens. He recommended that the table of adjustments be given to a study group composed of members of the Tax Deferral and Exemption and the Appropriation committees. Ms. Barry asked whether Mr. Pato intended that the study be done before setting the FY17 rate. Mr. Pato replied it was not practical to expect such quick results but he would like to see the 70-82 Selectmen's Meeting—November 7, 2016 study start soon so that a Board discussion using the study results can begin in early January before the operating budget is set. Mr. Pato asked why the Proposition 2 1/z Increment shown in Exhibit A is not 2.5%, as one might expect. Mr. Addelson said the increment is a function of the increase in the levy limit before adding in Exempt Debt. In the same vein, Mr. Kelley pointed to Exhibit C which showed single family percentage tax increase in FYI as 6.27% and asked why that percentage is higher than 2 1/z%. Mr. Johnson replied that the percentage change refers to the difference between the average home valuation and associated tax burden one year and the previous year. Mr. Kelley added that not only was this the result of increased market value and Town valuation, it was also because of a shift in burden (based on valuation) from the various CIP categories to the Residential category. Mr. Pato said it helps to think about the average home as not the same as last year's average home. The average skews higher due to newly built houses that are mostly of the high-priced type. Mr. Addelson said that Exhibit D shows how the percentages change when the New Growth that was included in Exhibit C is factored out. Once New Growth is factored out, the average Residential single dwelling property tax increased 4.19% in FY17 over FY16 rather than 6.27% as shown in Exhibit C. Mr. Addelson said that there are several reasons that a citizen's tax bill would go up more than 21/z%: debt exclusions; levy growth; and natural shift in home value as opposed to CIP value growth. Ms. Ciccolo said one of the ideas that has helped her make sense of increases is that it is the levy limit that cannot increase more than 21/z%, not each individual tax bill; when Commercial property values drop, the tax burden shifts to the Residential sector. Ms. Barry thanked the presenters and said she looked forward to the next rate-setting session on November 21. Consider Town of Belmont's Withdrawal from Minuteman Regional School District Mr. Valente summarized the matter by saying that, since the Town of Belmont has petitioned to leave the Minutemen School District, it is up to a majority vote of the other nine member communities to allow or not allow Belmont to do so. If Lexington—as a member town—decides not to call a Special Town Meeting to consider approval of the Belmont's petition, it is considered a tacit approval of the petition to leave. Mr. Cohen and Mr. Kelley represented the Town at a recent meeting of member towns; discussion of the petition resulted in consensus not to oppose the Town of Belmont's withdrawal. Mr. Valente said a survey of his counterparts in the other towns likewise showed a similar consensus. Mr. Pato noted that if it was barred from leaving, the Town of Belmont could not be required to share in renovation costs for the new school because it had, as a Town, voted against doing so. If it is allowed to leave, but continues to send students to Minuteman, fees will be assessed to capture capital costs. There is, in other words, a financial incentive to letting the Town of Belmont go. 70-83 Selectmen's Meeting—November 7, 2016 On motion duly made and seconded, the Board of Selectmen voted 5-0 not to call for a Special Town Meeting for the purpose of acting on the Town of Belmont's petition to withdraw from the Minuteman School District. Approve FY2016 Board of Selectmen Annual Report Referring to the almost-complete draft report in the meeting packet, Mr. Pato said the one missing item is a Transportation subsection. Mr. Cohen said he had a couple of small edits for Mr. Pato's consideration which he will pass along. Ms. Barry and Mr. Pato will work together to complete the Transportation section and then send the final copy to members for their information. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the draft of the Selectmen's Annual Report as presented and amended. Outdoor Skating Rink Request 2016-17 Season Ms. Barry recognized presenters Lisa O'Brien, Doug Lucente and Charles Teague. This year,the Lion's Club in conjunction with a group of neighbors, asks for permission to erect a skating rink at the corner of Massachusetts and Fletcher Avenues as was done last winter. With lessons learned and feedback gathered from the first season, these aspects of the rink will be revised: • Rink size increased from 100'x 65' to 100'x 85% • Solar power and LED lighting; • Longer hours until 8 p.m. if lighting is appropriate; • Improved signage (Rink Open; Rink Closed, etc.); • Improved access and parking; ramps and mats added; • Weekly resurfacing by DPW paid for by the Lions Club; • More formalized snow clearing by volunteers. The plan is to open the first week in January weather permitting—and close before March 1. Before comments, Ms. Barry reminded the Board that there is no formal vote of approval required as the property in question is under the jurisdiction of the Town Manager. Mr. Valente merely asks if the Board agrees with the proposed changes as listed above. Ms. Ciccolo said the rink was an impressive project and it was exciting to see how successful last year's effort was. She asked if it was possible to open the rink between Christmas and New Year's. Mr. Lucente said the group would be happy to open the rink if the cold weather cooperates. Mr. Pinsonneault said he thought the partnership between the group and the DPW worked well last year. Given the nature of last year's mild winter, the DPW had more time than usual to attend to the rink. Ms. Barry said the rink was a great use of the property in the winter she enjoyed seeing the kids being active outdoors. Mr. Pato asked if there would be the opportunity for abutter input about the lighting. Mr. Lucente said the group would be renting and testing out light fixtures to gauge effectiveness and level of light disturbance. There is little electricity available on the site so LED or solar might be the solution. 70-84 Selectmen's Meeting—November 7, 2016 Appoint Office Manager—Board of Selectmen's Office Ms. Barry announced that successful negotiations have resulted in the hire of Donna McIntosh for the position of Selectmen's Office Manager/Executive Clerk to replace retired manager Lynne Pease. Ms. McIntosh's start day will be November 28, 2016. On motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Donna McIntosh as Office Manager/Executive Clerk for the Board of Selectmen and also approved and authorized the Chairman to sign the letter of appointment. Establish Town Meeting and Town Election Dates On motion duly made and seconded, the Board of Selectmen voted 5-0 to establish dates for the Annual Town Election and Annual Town Meeting as follows: December 28, 2016 as the date to close the warrant for citizen petition articles for the 2017 Annual Town Meeting Warrant; Monday, March 6, 2017 as the date for the Annual Town Election; and Monday, March 20, 2017 as the date for the Opening Session of the 2017 Annual Town Meeting. Board of Selectmen Appointments and Resignations On motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Jennifer Melot as a member of the Bicycle Advisory Committee to fulfill a term vacated by Marita Hartshorn that expires in September 2017; and to appoint Rita Vachani as a member of the Communication Advisory Committee for a term to expire in September 2019; and to appoint Laurel Smith as a member of the Council of the Arts to fulfill a term vacated by Susan Hammond that expires in September 2018. Further, on motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignations of Marita Hartshorn as a member of the Bicycle Advisory Committee, of Ada Wong as a member of the Center Streetscape Committee, of Douglas Holmes as a member of the Energy Conservation Committee, and of Alan Seferian as a member of the Tax Deferral and Exemption Study Committee. Consent A_eg nda Water & Sewer Commitments On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve three commitments of Water & Sewer charges 1) September 16 Finals totaling $15,358.38; 2) September Cycle 9 totaling $108,547.95; and 3) September Cycle 9/Bedford totaling $206,268.77. Water & Sewer Adjustments On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve adjustments to the Water& Sewer charges recommended by the Water Sewer Abatement Board totaling $61,129.36. 70-85 Selectmen's Meeting—November 7, 2016 Si _gn Employee Recognition DayEmployee Recognition Day Proclamation On motion duly made and seconded, the Board of Selectmen voted 5-0 to sign a proclamation for Employee Recognition Day which is on Wednesday, November 16, 2016 from 2:30 p.m. until 3:30 p.m. in the Cary Memorial Building. This proclamation recognizes employees that have served the Town for 10, 15, 20, 25, 30 and 35 years. Si _gn Eagle Scout Letters—Anthony Marge and ClayEagle Scout LettersAnthony Marge and Clay Oshiro-Leavitt Upon motion duly made and seconded, the Board of Selectmen voted 5-0 to sign a letter of commendation congratulating Anthony Marge and Clay Oshiro-Leavitt for attaining the highest rank of Eagle in Boy Scouting. Approve One Day Liquor License—Spectacle Management On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the one day liquor license request from Spectacle Management to sell beer and wine in the lobby of the Cary Memorial Building on Sunday, November 13, 2016 from 7:00 p.m. until 11:00 p.m. (Tower of Power); on Sunday, November 20, 2016 from 7:00 p.m. until 11:00 p.m. (Michael McDonald); and on Sunday, November 27, 2016 from 3:00 p.m. until 7:00 p.m. (Jim Brickman). Approve One Day Liquor License—Munroe Center for the Arts On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one day liquor license for Munroe Center for the Arts to serve wine on site at a social for board members and tenants on Wednesday, November 16, 2016 from 6:00 p.m. until 8:00 p.m. Approve One Day Liquor License—Brookline Bank/Lexington Council for the Arts On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve a one day liquor license for Brookline Bank to serve wine at their ArtWalk Community Event on Thursday, November 10, 2016 from 6:00 p.m. until 8:00 p.m. at their 1793 Massachusetts Avenue location. Use of Battle Green/Walk—Martin Luther King Day On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Town Celebrations Committee/MLK Subcommittee's request for use of the Battle Green for the MLK Day Commemoration that includes a Unity Walk from the Battle Green to the Cary Memorial Building on Monday, January 16, 2017. The event will begin at the Battle Green at approximately 11:00 a.m. and end at approximately 2:00 p.m. Staff has reviewed and approved this request. Ms. Barry noted that the next meeting of the Board of Selectmen is Summit II on Wednesday, November 9, 2016 at 7:00 p.m. at the Samuel Hadley Public Services Building, 201 Bedford St, in the cafeteria. The next regularly scheduled meeting of the Board of Selectmen is on Monday. November 21, 2016 at 7:00 p.m. in the Selectmen's Meeting Room. Executive Session On motion duly made and affirmed by roll call vote, the Board of Selectmen voted 5-0 to go into Executive Session at approximately 8:30 p.m. under exemption 6 to consider the purchase, exchange, lease of value of real property, Belmont Country Club Parcel, and to reconvene in 70-86 Selectmen's Meeting—November 7, 2016 Open Session only to adjourn. Further, it was declared that than an open meeting may have a detrimental effect on the negotiating position of the Town. Further, on motion duly made and affirmed by roll call vote, the Board of Selectmen voted 5-0 at approximately 8:30 p.m. to go into Executive Session to consider the purchase, exchange, lease of value of real property, 20 Pelham Road, and to reconvene in Open Session only to adjourn. Further, it was declared that than an open meeting may have a detrimental effect on the negotiating position of the Town Ms. Ciccolo noted that she would not be participating in the 20 Pelham Road discussion due to a conflict. Following a return to Open Session, the Board of Selectmen voted 5-0 to adjourn at approximately 9:30 p.m. A true record; Attest: Kim Siebert Recording Secretary 70-87 Summit Meeting 2 Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee November 9, 2016 A Summit was held on Thursday, November 9, 2016, at 7:00 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Board of Selectmen (BOS) Ms. Barry, Chair; Mr. Kelley, Mr. Cohen; Mr. Pato were present along with Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance; Mr. Goddard, Director of Public Facilities; Ms. Hewitt, Budget Officer; and Ms. Siebert, Recording Secretary. Also Present: School Committee (SC) members: Mr. Hurley, Chair; Mr. Alessandrini, Vice Chair(late arrival); Ms. Crocker(late arrival); Ms. Jay (late arrival); Ms. Steigerwald; Dr. Czajkowski, Superintendent of Schools; Mr. Dailey and Assistant Superintendent for Finance and Operations. Appropriations Committee (AC) members: Mr. Parker, Chair; Mr. Bartenstein, Vice Chair; Ms. Colburn; Mr. Levine; Mr. Michelson; Mr. Neumeier; Mr. Radulescu-Banu; Capital Expenditures Committee (CEC) members: Ms. Hai Chair; Mr. Kanter, Vice Chair; Mr. Cole; Ms. Manz; Mr. Lamb. Ms. Barry called the BOS to order at 7:00 p.m. and introduced the Board members. Chairs of the SC, CEC, and AC followed suit. It was noted that the School Committee did not yet have a quorum as three members were competing in the Trivia Bee. The missing members arrived in due course. Procedure for Meeting Minutes Ms. Barry explained that the BOS Recording Secretary would take the minutes for the Selectmen and draft copies would be shared with the chairs of the SC, CEC and AC for review,prior to approval by the BOS. FY2018 Revenue Projections Mr. Valente noted that all Summit 2 meeting materials can be found on the Town website. Tonight's Summit is the second of five that are typically held prior to Annual Town Meeting. The purpose of Summit 2 is to review the Town's FYI revenue estimates. Mr. Valente gave a brief review of Summit I held on October 6, saying that the Town's overall financial position is strong but we face a challenging number of large Capital projects. Summit I included a three- year revenue and expenditure projection, which was based on maintaining current services on both the Municipal and School sides. The projection included expenses associated with anticipated increases in school enrollment. FYI revenues should be viewed with the understanding that the Board of Selectmen have directed Town leadership to build an operating budget that does not ask for tax increases beyond what Proposition 2 1/z allows. 70-88 Budget Summit 4 2—November 9, 2016 Mr. Valente said that Mr. Addelson used the same methodology to produce these projections as has been used in prior years. Page 2 of the "Summit 2 FY2018 Revenue Projections" document titled"Overview: FY17 EstimatedFY18 Projected Revenue" shows Gross General Fund Revenues increasing 4.4% over FY17. Mr. Valente said this increase was relatively stable when compared to the prior year's change of 2.4% over FY16 and the FY16 change of 6.4% over FY15. Mr. Valente said that each year, a specific amount is recommended to be set aside for certain purposes. For FYI 8, $14,420,371 is recommended which is $416,635 less than the set-aside of the previous year. Net revenue growth(after revenues set aside for designated expenses) is 5%, slightly lower than the last two fiscal years (5.7% in FY17 and 6.9% in FY16). Page 3 shows "FY Revenues Set-Aside for Designated Purposes." The list, according to Mr. Valente, is much the same as in prior years. The differences include: • For Other Post Employee Benefits (OPEB), Mr. Valente and Mr. Addelson recommend a set-aside of$1,829,721, an increase of$317,403 over the OPEB allocation for FY17; • $618,148 is recommended for the Unallocated category. As the budget process plays out, these funds can be used to increase Capital and/or Operating budget line items as deemed necessary; • In the Cash Capital category, $3,350,000 is recommended. This set-aside is intended to minimize bonding and represents a$797,288 increase over FY17. • The Capital Stabilization Fund allocation recommendation is $5M. This Fund will be drawn on to mitigate property tax increases resulting from the very aggressive Capital program envisioned for the next 5 years. Mr. Valente said the FYI set-aside is not as robust as for prior years but it is still important to add to the account because the Town is trying to reduce the debt service peaks from prior and future debt exclusions. • The amount recommended to be drawn from the Capital Stabilization Fund is $689,000. $712,000 was drawn in FY17. These funds are used to serve the within-levy debt incurred for borrowing for the LHS modulars. • The Street Improvement Program recommendation is $2,540,000 which represents almost level funding compared to FY17 (Note: this figure is the correct figure, amended during the meeting due to a typo). Mr. Michelson (AC) asked where in the table the set-aside for Snow and Ice appears. Mr. Addelson said the $300,000 for Snow and Ice is in the "Town of Lexington FY2018 Revenue Projections" document on pg. 4. Since it is not part of tonight's presentation, it was not included in the shorter focus document. Ms. Colburn (AC) asked if there are particular projects that are more appropriately paid for with Cash Capital funds. Mr. Valente said that Cash Capital funds are generally spread over multiple, lower dollar projects as opposed to being used for one large project. Using these funds takes pressure off of the within levy debt service and allows the Town to live within the 5% debt service growth per year that mirrors the 5% Revenue growth per year. 70-89 Budget Summit 4 2—November 9, 2016 Mr. Bartenstein (AC) asked Mr. Valente to comment on the decision to increase the OPEB allocation. Mr. Valente replied that the Board of Selectmen, working with the Appropriations Committee, established a guideline to set aside between 35% and 100% of OPEB normal costs each year. The level of funding in the table is an attempt to comply with those guidelines. Ms. Hai (CEC) asked for additional information about the Tax Levy Support of Community Center Programs line item on pages 3 and 4 and how this differs from Recreation Department funding. Mr. Valente said that two years ago, when the Community Center opened, the CC became part of the Recreation enterprise fund but at the time, the CC assumed a number of the Senior programs that were either non fee-based or partially subsidized. The total subsidy at the beginning was about$250,000 with the idea to wean the CC from the subsidy over time. As a result, the tax levy support for the CC is projected to be $33,255 less in FYI than it was in FYI 7. Mr. Valente said that discussions are now taking place about CC user fees, so the length of time the CC will be subsidized is, at this moment, unclear. Mr. Valente said that Summit 3, in early December, will present the allocation of Revenues which generally go into three categories: Shared Expenses (benefit,pension, debt service); School Programs; and Municipal Programs. Each area will build its budget to fit within its revenue allocation. Those budgets will then be presented to the assembled boards/committees in early January. Mr. Valente said the "FYI 8 Revenue Projections" document will be updated in small ways as changes occur on how Reserve Funds are used and changes to the amount of income from fees/charges. Larger adjustments would include growth in the Tax Levy and the final State Aid amount. More significant changes tend to occur after Town Meeting, such as when State Aid is finalized in late spring. Once State Aid and New Growth numbers are certified, surpluses flow to the Town's bottom line and become part of the Unreserved Fund/Free Cash balance. Mr. Kanter(CEC) asked if, after the revised numbers come out, Special Town Meeting can adjust the budget rather than automatically put the funds into Free Cash. Mr. Valente replied that this was possible as long as STM takes place before the tax rate is set. This, in fact, happened this past September when additional funds were appropriated at STM for the Capital Stabilization Fund. The Policy Issues on pages 6 and 7 focus on Capital projects. The cost of upcoming Capital projects necessitates caution in how to manage the Operating budget so that programs and services do not crowd out the ability to fund Capital needs. One newly added Selectmen's goal addresses pedestrian, bicycle and vehicle safety issues. The Transportation Safety Group has a long list of projects ranging from simple safety fixes to expensive sidewalk projects. One change in the FYI budget is that an additional amount will be allocated for neighborhood safety issues so that small projects do not have to wait for TM to approve funding. Mr. Kanter (CEC) asked if this additional line item will fall within Operating or Capital. Mr. Valente replied it would be under Capital in the form of a request from Planning. 70-90 Budget Summit 4 2—November 9, 2016 A second newly added goal is related to Stormwater Management. The Town currently spends $1M annually for stormwater capital projects. Since within-levy debt is approximately $6M per year, spending $1M on Stormwater means that 15% is dedicated to this alone and new regulations will necessitate an even greater level of funding in the future. Mr. Valente said the Town is looking into whether as yet unidentified revenue source could be brought to bear to mitigate the expense. Many communities across the country are dealing with the impacts of stormwater and the associated regulations; the Town is researching models and practices that might shed light on how to proceed. Mr. Michelson asked what the source of funds is for the $1 M currently spent on Stormwater Management. Mr. Valente replied it is covered within Operating revenues and debt service, which is supported by the Tax Levy. With the new regulations, the Town will be required to do more street sweeping and catch basin cleaning. These expense increases will be seen in the Highway Division of the DPW. There are also Capital projects coming that are Stormwater- related. Mr. Bartenstein (AC) asked if these regulations could be called"Unfunded Mandates." Mr. Valente agreed they could as there is no Federal funding attached to the requirement. Mr. Kanter (CEC) commented that he welcomed a review of the OPEB policy. School Committee Update on Facility Plan • Lexington Children's Place (LCP) School Committee Chair Mr. Hurley said that the SC has been considering its options for relocating the LCP integrated pre-school program. To that end, the SC hired DiNisco Design to help narrow down which of five options would be best. Now that the SC has chosen from the five, DiNisco will present more concrete design and construction cost calculations. Mr. Hurley said the original estimation for LCP was in the neighborhood of$1OM but the projected costs are far higher: Concept A: Renovate/Addition at Harrington Elementary= $25M Concept B: Renovation at Old Harrington=$19M Concept C: New Facility on Harrington Site=$20.7M Concept D: New Facility on Laconia St. _ $18M Concept E: Renovation at Pelham Road= $18.3M At the School Committee meeting last Monday night, a final vote was not taken but consensus supported Concept E: Renovation at Pelham as the first choice and Concept C: New Facility at Harrington Site as the second choice. It was noted that the Pelham Rd option did not include the cost of a new road/exit-entrance from Marrett Road(estimated at$3M-$4M) or the cost of purchasing the property. Replying to a question from Mr. Kanter(CEC), Facilities Director Goddard said that the Fire Chief has not yet been asked if a new road will be required for the Pelham site. If the Pelham option is chosen, the Fire Chief will be asked to make an assessment. The cost estimate for the new road is based on a DPW analysis. 70-91 Budget Summit 4 2—November 9, 2016 Mr. Michelson asked how classrooms currently occupied by LCP will be repurposed and what the cost estimates for that work might be. Mr. Goddard said New Harrington was evaluated in the summer of 2015 at which point DiNisco placed a value on the work there of$250,000. At the Old Harrington School, costs would not be significant. Ms. Colburn (AC) asked if the 5 LCP classrooms at Old Harrington and the 4 LCP classrooms at the New Harrington would be used for regular education classrooms. Mr. Hurley said once a new Hastings School was ready for occupancy, the 5 classrooms at Old Harrington, though not ideal, might be used for any small amount of overflow. Superintendent Czajkowski said the 4 New Harrington LCP classrooms would yield 2 regular education classrooms because the remaining space would be used for the art programs. Ms. Colburn asked if this meant there would be an additional 7 elementary school classrooms available if LCP moved to another location. Dr. Czajkowski replied that the Old Harrington space would probably not be used as anything but overflow space because of the disadvantages of separating students from their cohort. Mr. Hurley added that this additional space might be used as temporary swing space. Ms. Colburn asked why there was a $5M difference between the estimates DiNisco presented last year and this year for Harrington site work. Mr. Goddard said last year's estimate did not include a traffic analysis; because so many programs take place on the Harrington site, there is an urgent need for more parking and that work would entail removal of current surfaces, improvement of stormwater collection and underground storage systems, as well as an expansion in the number of parking spaces. Ms. Colburn said there had been hesitation to use the large Laconia St. site for a single purpose. Is there a similar concern about using the 8 acres at Pelham St for one thing? Mr. Hurley said the main disadvantage of the Laconia St. site was its isolation. Pelham is in the center of things and connected to other Town facilities. [At this point in the meeting, School Committee members began to arrive from the Trivia Bee.] Mr. Radulescu-Banu(AC) asked if renting space for pre-K could be a better option than building/renovating. Mr. Hurley said location would be a big factor and long-term rental (30-40 years) is not a viable solution, although it might be good temporarily. Mr. Alessandrini (SC) added that, with a rental, you would not have control over what would happen if the lease was not renewed. Mr. Radulescu-Banu(AC) asked how long any of the proposed options would satisfy the need. Mr. Goddard said the life cycle of renovate-as-new construction would be similar to that of new construction. Ms. Hai (CEC) asked, if some of the vacated classroom space at New Harrington was used for Art, would that put Art space at, below, or above par relative to Fiske? Secondly. Ms. Hai asked if Art spaces were taken over by classrooms, would there be a need to increase core spaces in the buildings. Mr. Goddard said the analysis that was done on moving LCP out of the Harrington 70-92 Budget Summit 4 2—November 9, 2016 showed that"right-sizing"the school to 24 classrooms obviated the need to increase core square footage. Mr. Hurley (SC) said the School Committee is trying to prioritize its list of needs within the context of Town needs. The big questions are what should be done and what should the sequence be? Ms. Colburn (AC) asked whether some of the aspects of the Pelham $18.3M "renovation-as- new"price tag could be altered or deferred. Mr. Hurley replied that there could be some phasing or deferral but it would be unwise to spend some money now for small fixes that would in any case require additional funding to be completely addressed. Phasing or sequencing is something DiNisco will provide recommendations about. Dr. Czajkowski said there are currently 6 LCP classrooms split between the New Harrington and the Old Harrington. The program has been relocated several times. Now, staff and students go between the two Harrington buildings and those logistics present challenges. These LCP spaces were not designed with special needs in mind. Dr. Czajkowski said she and the SC intend to advocate for what is best for the child and for the program. She noted that when early intervention is successful, funds are saved later on. In terms of capacity, there is one more classroom that could be used before the current LCP space is maxed out. Mr. Levine (AC) asked if the LCP project will be added to the large Capital list that already includes the Hastings School and Fire Department debt exclusions. Mr. Hurley replied that the School Committee is looking for feedback and advice from the other Boards/Committees. At this point, there is no concrete plan for how to proceed. Mr. Radulescu-Banu(AC) asked if the property recently purchased from Liberty Mutual on Bedford St could be used for LCP classrooms after it was no longer needed for Fire Station swing space. Mr. Goddard said there was 16,000 sq. ft. on two floors in the building but accessing the second floor is not ideal for students with physical disabilities. • High School HVAC (and as it relates to a future High School Renovation) Mr. Hurley said the question in this instance is, given the condition of the LHS HVAC, could the system be maintained until a new/renovated building is constructed or, alternately, would a $20M fix still be viable in a new/renovated building. The current plan is to submit a Statement of Interest(SOI)to the Massachusetts School Building Authority (MSBA) for LHS in 4 years, at about the same time as the new Hastings is ready for occupancy. Cost guestimates for a new high school derived by comparison to building projects in other communities—are between $250M to $300M. The SC has deliberated how to proceed, weighing need against cost. With input from Facilities Director Goddard, the School Committee reached consensus, without yet taking a final vote, to maintain the current HVAC system. Subsequent to that decision, there has been discussion with CEC about how to fund heat and air conditioning upgrades in the teacher planning area of the 70-93 Budget Summit 4 2—November 9, 2016 LHS Humanities building. Mr. Goddard said the $650,000 in fees for the HVAC design were depleted because work was halted when it became clear that the full price tag would be higher than anticipated. Therefore, the remainder of that allocation—about$300,000—could be used to evaluate which LHS areas are in the most need. There are also residual design funds from other projects that are potentially available. A proposal will come before the SC at a later date. Ms. Steigerwald(SC) commented that SMMA had at one time given the SC four options for how to handle the cost of LHS construction over time. One of them was an additional three-story building behind the current band/music area that could be connected to the existing building. This building could be designed as a new Science wing to replace existing antiquated space and in a phased process. Ms. Steigerwald recommended that a task force/study group be formed to consider this question before the decision about the HVAC is made. If the community won't support a new LHS, it would change how Ms. Steigerwald feels about proceeding with the HVAC. Mr. Kanter(CEC) asked if Mr. Goddard believes he can maintain the HVAC system for the time necessary. Mr. Goddard said it is very expensive to replace an entire system all at once; he knows there will be some breakdowns, but he feels his department has the talent and skills sufficient for the task. The expense can be handled within the Operating budget for the next 5-10 years. Mr. Levine (AC) said he was shocked at the $20M price tag and wondered if it was worthwhile to explore—with engineering experts—a $5M-$1 OM alternative that might result in an 80% improvement. He added that it seemed grossly premature to make decisions about the HVAC based on an SOI that would be submitted in 4 years. Mr. Levine said it was imperative that more data be gathered for alternatives for the HVAC in case the maintenance-only approach does not work and replacement becomes necessary. Mr. Hurley (SC) said he did not disagree with Mr. Levine but noted that LHS is now up to 2200 students and projected to continue to grow. Overcrowding during times like lunch adversely affects the school environment. If space needs are not acknowledged, it would be tantamount to the Town putting its head in the sand. Unless space constraints are addressed, the School Committee will be faced with choices such as eliminating programs, offering some AP courses online only, going to double sessions—options that are not likely to find favor in the community. Mr. Hurley asked Mr. Goddard to comment on Mr. Levine's suggestion. Mr. Goddard confirmed there are options less expensive than the $20M HVAC overhaul but they would not perform as well. He said Town leaders would need to decide what combination of performance and price is acceptable. Dr. Czajkowski said there were 120 new registrations at the high school over the summer and enrollment growth across the system is the underlying factor in all of the school building projects: a new Estabrook; a new Hastings; 10 classrooms added to the two middle schools. Due to growth, the aging high school physical plant needs more than a band-aid, especially the Science labs. An SOI for LHS must wait because Lexington is already in the loop for MSBA 70-94 Budget Summit 4 2—November 9, 2016 re-imbursement for other projects but the discussion should start now about how to proceed. If Hastings goes forward with an SOI in 2017, the earliest an SOI could be submitted for LHS is 2019. Now is the time for Town leadership to discuss the game plan so the project is ready for wider public discussion when the time is right. Ms. Colburn asked if the SC is contemplating doing a study to get a firmer idea about options, cost, and sequencing. Mr. Hurley said LCP needs to be addressed first but a group will be formed with various stakeholders to examine the range of options for the high school. Consent A_eg nda Use of the Battle Green—Vigil/Public Witness to Observe Transgender Day of Remembrance On motion duly made and seconded, the Board of Selectmen voted 4-0 to approve the request from First Parish Church to use the Battle Green on November 20, 2016 from 12:00 until 12:45 for a Vigil/Public Witness to Observe Transgender Day of Remembrance. Fifty people are expected to be in attendance. Staff have reviewed and approved this request. Executive Session On motion duly made, the Board of Selectmen voted 4-0 by roll call vote at 8:40 p.m. to enter Executive Session under exemption 6 to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, with all Boards and Committees present, and to reconvene in Open Session only to adjourn. Further, it was declared that an Open Meeting may have a detrimental effect on the negotiating position of the Town. On motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at approximately 9:30 p.m. A true record; Attest: Kim Siebert, Recording Secretary 70-95 Selectmen's Meeting November 21, 2016 A meeting of the Board of Selectmen was held on Monday, November 21, 2016 at 7:08 p.m. in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. This meeting followed an Executive Session that began at 6:30pm. Two Statements from the Board First, Ms. Barry said that, following the recent Presidential election, it is important to recognize the Town of Lexington as committed to inclusiveness, diversity and respect within our community, our country and this world. Second, in a firmly worded statement on the subject of the Center Streetscape project, Chairman Barry said that recent conversations in the community suggesting a less than transparent process are unfounded. The Board of Selectmen remains committed to an open process with clear steps and public access to meetings and documents. Ms. Barry urged residents to be sure they are dealing with facts instead of rumors. Public Comments Elaine Ashton, 32 Cliffe Avenue, Precinct 1 Town Meeting member, spoke to the dangers to pedestrians and cyclists during the many dark winter hours and distributed reflective objects and personal safety reflectors to the Board. She recommended that language about wearing/using effective reflective materials be included in Lexington's Complete Street policy. Selectmen Concerns and Liaison Reports Mr. Pato thanked Ms. Barry for her opening remarks and added that all of the committee meetings he has attended since the election have included conversations about the potential for civil rights harassment. Mr. Kelley said he has concerns that the community that the removal of brick and replacement with cement, all with good intentions, has had a negative cumulative impact on the Center. Specifically, Mr. Kelley said, the recent decision to move a crosswalk in front of the Librarya good idea in itself—meant that another stretch of brickwork would be lost. Ms. Barry referred to the last Selectmen's meeting during which Mr. Pato expressed an interest to form a committee to study how a residential real estate exemption would affect the tax bills of those who do not qualify for the exemption. She therefore asked her colleagues for permission to empower Mr. Pato to form a three person committee composed of a Selectman, a member from the Appropriations Committee, and a member of the Tax Deferral and Exemption Study Committee. Any recommendations from this group would not impact tax rates now under consideration for the coming year. The Board assented to this course of action. Ms. Barry reminded the community that the holiday lighting ceremony will be held at Depot Square on Friday, November 25 at 6 p.m. The lighting is made possible through citizen donations. 70-96 Selectmen's Meeting—November 21, 2016 The Board is beginning the Town's budget process with three daytime meetings next week Tuesday, November 29, 1:00 p.m.; Thursday, December 1, 1:00 p.m.; and Friday, December 2, 8:30 a.m. The meetings are open to the public and they will be simulcast on LexMedia and taped for future, on-demand viewing. Town Manager Report Mr. Valente asked Chairman Barry to recognize DPW Director Pinsonnault who, in turn introduced the Town's new Highway Superintendent, Eric Gitschier. Citizen's Academy Graduation Claire Goodwin, Management Analyst from the Town Manager's Office,presented the participants of Lexington Citizen's Academy, a 9-week program—now in its 8 h year—in which residents meet once a week in the evenings to learn about local government, specifically, the role each department plays in serving the public. The goal of the program is citizen engagement, a key priority identified by the Board of Selectmen. The program is designed to connect residents with Town staff and to encourage participation on committees/boards and as Town Meeting members. Each member of the Board of Selectmen posed a question to the soon-to-be graduates, after which a photograph was taken and the participants congratulated. Tax Classification Hearing Ms. Barry opened the Public Hearing at approximately 7:40 p.m. and introduced Assistant Town Manager for Finance Rob Addelson; Rob Lent, Town Assessor; Greg Johnson, Chairman of the Board of Assessors; Ed Grant and Cas Groblewski, members of the Board of Assessors. Mr. Addelson said this hearing is the second of three in the process to establish the Fiscal Year 2017 tax rate. It is proposed that the Board of Selectmen will set the rate at its December 5 meeting at which time it must take a total of 4 votes: • Establish a residential factor; • Determine whether to adopt the Open Space Discount; • Determine whether to adopt a Residential Exemption, and if so, by what percentage (up to 35% under new law) • Determine whether to adopt the Small Commercial Exemption. The purpose of this Public Hearing is to consider tax rate setting options and to take public comments on tax classification. As an aside, Mr. Addelson said the values that were submitted to the State Department of Revenue by Mr. Lent have been reviewed and approved. This opens the way to set the tax rate and to submit all the necessary documentation to the State for approval. Mr. Johnson continued the presentation by focusing on two of the exhibits contained in the meeting packet: Exhibit A and Exhibit D1. Having presented the material extensively during the first meeting, Mr. Johnson highlighted just two areas: first, the alternative tax rate scenarios for FY17 and, second, the tax rate shift options and property comparisons. 70-97 Selectmen's Meeting—November 21, 2016 Exhibit A shows the FY16 maximum allowable levy limit as $163,993,744; for FY17 it is $170,277,714 a 4.4% increase. Mr. Johnson pointed to the New Growth Increment of $3,309,344, also shown in Exhibit A, 60% of which is based on Residential new growth. The remainder of the exhibit shows the cascade of tax rate scenarios using different factors for the C- I-P and Residential categories and how each rate affects percentage of levy share; tax levy; tax rate; and percentage changes from FY16 to FY17. This exhibit is inclusive of New Growth. Exhibit D1 shows the break out of all the classes of properties: residential, four types of commercial, and industrial. Again, the cascade demonstrates how different tax rate shift options from 1.65 to 1.75 would affect each classification of property. All numbers shown in this exhibit are net of New Growth. Mr. Johnson noted that whatever the shift scenario, the Large Office Building and Town-wide Retail categories would see tax decreases. Office Condominiums and Medium Office Buildings could increase or decrease, depending on the shift rate. TIF properties have been included in the Industrial Lab category for ease of comparison, Mr. Johnson said. The Board had no comments at this time and no one from the public rose to speak to the issue. Ms. Barry closed the Public Hearing at 7:56 p.m. The third and final Public Hearing will take place on December 5. UpdateIntegrated Building _DesigDesign Process for Town Facilities Ms. Barry introduced the Chair of Sustainable Lexington, Mark Sandeen, who presented preliminary recommendations for updates to the 11 year old Sustainable Building Policy. Because there are so many building projects on the horizon, it is a good time to review and update the policy to ensure that Lexington takes advantage of best design and energy management strategies. The current building policy was adopted in 2005 at which time all new Town buildings over 5,000 sq.ft. and all renovations were required to conform to LEED Silver standards. School buildings also fall under the separate but similar Competitive High Performance (CHP) standards. While the LEED Silver initiative Lexington undertook in 2005 was considered to be bold, building codes have since surpassed those benchmarks and the Town has not yet adopted new standards or defined a process by which to do so. Mr. Sandeen said the current integrated design process does not include particular requirements for achieving specific outcomes in the categories of health, energy, or resilience. Mr. Sandeen proposed a new goal for public buildings that would garner all the available health benefits as well as 28 out of 33 points for energy efficiency. Sustainable Lexington has been working with the Public Facilities Department, the Permanent Building Committee, the Energy Conservation Committee, the financial committees and members of the School Committee and the Board of Selectmen to determine which areas of the policy should be updated. The group would like to increase standards for improved indoor environmental quality—shown to positively affect cognitive performance—as well as to improve energy management for School and Town buildings. Mr. Sandeen would also like to increase building resiliency by maximizing onsite renewables. 70-98 Selectmen's Meeting—November 21, 2016 Included in the meeting packet is a letter from the Lexington Board of Health recommending that all buildings be designed to limit CO2 to 600ppm or less, consistent with the Mass Department of Health guidelines. Mr. Sandeen noted that the Hastings School site is quite close to Route 128. Facilities Director Pat Goddard has identified some filtration standards used in California schools located near freeways that will be recommended for all school buildings, including Hastings. Mr. Sandeen said the new policy will recommend a 30% reduction of energy for new buildings compared to the latest code standards with a 50%reduction seen as a stretch target. For renovations, 28% is the target because it is harder to achieve aggressive energy efficiency goals with retrofit construction. Mr. Sandeen added that the option to use electricity from renewable sources should be considered,perhaps generated on site, so that no fossil fuel is used to power the building. On the subject of resilience, Mr. Sandeen and his committee recommend building designs that can withstand power outages up to five days duration in extreme weather events such as ice storms. At the time of design, building resilience would be determined by level: Level 1 is the highest priority such as Police, Fire and Public Services; Level 2 would be a Town Shelter where electricity and heat/cooling are assured for residents as well as cooking facilities and internet connectivity; Level 3 is for peak demand management and generation back-up during normal operations; and Level 4 is asset preservation to maintain building/structural integrity. Besides early engagement in public building design, Mr. Sandeen recommended that the sustainable building policy be reviewed and updated every three years, which mirrors the State's building code update cycle. Ms. Ciccolo said she was excited to hear such progressive and forward-thinking concepts and values discussed,particularly with regard to health standards and building filtration systems. If built properly, municipal buildings are used for 70+years and the Town owes it to the occupants to ensure high quality environmental standards, she said. Ms. Barry said that Mr. Sandeen would come back to the Board of Selectmen after further discussion with multiple stakeholders but noted that time is short to finalize the policy before the Hastings School and Fire Department design phases are underway. Lisa Fitzgibbons, 59 York St, a member of Mothers Up Front, said the organization supports updating the Town's sustainable building policy as Mr. Sandeen recommends. Due to the challenges of climate change, health considerations for teachers, staff, and students,plus the expected longevity of the buildings, Ms. Fitzgibbons said it is imperative to regularly update and improve building design standards. Ricki Pappo, 16 Blossomcrest Rd, spoke as a representative of Lexington GWAC. She said that the subjects of health and energy were big focal points at a recent Sustainability Fair. She thanked Ms. Ciccolo for her supportive comments and added that the climate landscape is changing very rapidly and Lexington should stay ahead to the extent possible with its forward- looking approach. She also supported Mr. Sandeen's recommendations. 70-99 Selectmen's Meeting—November 21, 2016 Ed Ganshirt, 48 Fletcher Ave, asked if monetization of the buildings has been considered so that they are self-financing. As with solar panel leasing, benefits could be returned to the Town from power generation. He also recommended that public buildings be designed for long term durability. Jerry Wax, 1 Winthrop Rd, said he applauded Mr. Sandeen's presentation for its cogent grasp of climate change and the need to design public buildings acknowledging emergency response standards. He noted that grants are available from FEMA to help with integrating an overall emergency management plan. Mr. Sandeen said he would look into this opportunity. Ms. Barry thanked Mr. Sandeen and the Sustainable Lexington Committee for their work and said she looked forward to moving the policy along at a meeting in the near future. VHB Report on Mass Ave Traffic Calming Options David Kucharsky, Assistant Town Planner and Chair of the Transportation Safety Group, Laura Castelli, Project Manager from Vanasse Hangen Brustlin (VHB) Mark Shannon, VHB Director of Highway Engineering made a presentation on how a proposed traffic signal and other changes at the Woburn St/Mass. Ave. intersection might affect the Winthrop Road neighborhood traffic. Prior to this presentation, a traffic analysis including vehicle counts was conducted by BETA Group, Inc. and an intersection improvement design was developed, details of which were presented to the Board of Selectmen on March 9. 2016. Following that meeting, the Selectmen directed VHB to make three additional evaluations: • Determine the travel patterns of vehicles who make a right turn from Woburn St onto Mass. Ave. currently during the morning peak hour and assess the likelihood they would use Winthrop Road under the future geometry; • Determine the operational traffic impact to Winthrop Road with the increased traffic; • Determine the effects of this operational impact and whether the proposed mitigation is sufficient to lessen the impact. In addition to these areas of study, the Town asked VHB to review existing travel patterns and determine how much of the traffic on Woburn St. was cut through between Mass. Ave. and Waltham St. during the morning peak. To do this, VHB conducted another vehicle count that reviewed turning movements at four locations: right turns from Woburn St. to Mass. Ave.; right turns from Grant St. onto Mass. Ave.; left turns from Mass. Ave. to Waltham St.; and through movements along Waltham St. southbound at the intersection of Worthen Rd. Ms. Castelli said that the morning peak time traffic study (7:15-8:15)yielded useful information about vehicle origination and destination and aided understanding of how many drivers would potentially use Winthrop Road as an alternative to avoid the light-controlled intersection. The Origin Destination (OD) findings were that 1) 120 vehicles currently use Winthrop Road (southbound) during the morning peak hours; 2) OD data indicate up to 111 additional vehicles could potentially use Winthrop Road(southbound) if the intersection was signalized; 3) Vehicles from Grant St. are not anticipated to affect the traffic volume on Winthrop Rd. since it is unlikely vehicles would backtrack to get to Winthrop Road. 70-100 Selectmen's Meeting—November 21, 2016 Lexington High was determined to be the primary destination for most of the vehicles navigating from Woburn St. to Waltham St. during the peak morning hour. Therefore, an impact analysis was done that yielded the 111 vehicle count that would potentially use Winthrop Road rather than the intersection. The additional Winthrop Rd. traffic, an increase of 1-2 cars per minute Ms. Castelli said, is not expected to cause operational delays. VHB's analysis does show a slight reduction of speed—on the order of 1-2 mph. The one measure where a significant difference was seen was in the area of vehicle miles traveled(VMT). Currently, there are 60 VMT per hour on the roadway during the peak hour today; if all 111 cars were to divert to Winthrop Road. during the peak, vehicle miles would increase to 115 VMT in the same time period. Vehicle miles relate to road maintenance/wear and tear. Mitigation measures for the Winthrop Road neighborhood would reduce travel speeds and possibly discourage cut-through traffic but there is no guarantee that drivers would refrain from using Winthrop Road. Additionally, some of the mitigation measures—speed bumps, speed tables, turn restrictions, and/or stop signs—might irritate Winthrop Road neighborhood residents. The next step in the process is to meet with residents, present the plan, and gather feedback about the various mitigation options—all of which, Ms. Castelli said, carry pros and cons. Mr. Kelley said he does not like the idea of a traffic light at Woburn St. at all. He believes other options exist that would keep the focus on safety yet not be as traumatic to the community. Ms. Ciccolo said that in the March presentation there was data about the existing speeding currently going on in the Winthrop Road neighborhood. Ms. Castelli said that the 85'percentile speeds are slightly in excess of what posted speeds are. Ms. Ciccolo asked if VHB studied the number of vehicles taking a left turn off of Winthrop onto Waltham, specifically if queuing currently occurs and if queuing would occur if the light was installed at Woburn St. Ms. Castelli said if people used Winthrop regularly, there would be a queuing impact because it is a difficult left turn to make, especially in the morning peak. Today, at that time, there are two to three cars waiting to turn but no lengthy queues were observed. Mr. Pato asked if a time-delay green signal for southbound through traffic from Woburn Street to Winthrop Road had been modeled. Ms. Castelli said this would not be possible on the Woburn Street. approach because of the volume of traffic during the morning peak. Even with the traffic signal in place, BETA Group still projects lengthy queues on Woburn Street. A reduced green time would not reduce the queue and might exacerbate the problem. Mr. Pato pointed out that if the queue was not of concern, a reduced green might be of interest and Ms. Castelli agreed. Ms. Barry said all Lexington neighborhoods experience problems with cut-through traffic. The Town should be looking at a plan to keep traffic where it belongs—out of the neighborhoods and not make it easier to move more vehicles through town. Ms. Barry clarified that the Board would not be taking a vote this evening because the presentation was merely an update. John Flynn, 1 Hunt Rd, said the questions at hand are more basic than understanding the impact of cut-through traffic. They are, instead, would the traffic signal increase overall citizen safety? What is the problem the Town is trying to solve at Woburn St. and are the pros worth the 70-101 Selectmen's Meeting—November 21, 2016 extensive list of cons that also include additional safety risks? Mr. Flynn said that as far as he knows, the only formal vote that was taken by the Board was in October 2014 when it voted to extend the design phase commitment from the 25%point to 100%. In Mr. Flynn's opinion, the Board should reconsider the October 2014 vote and open a big picture discussion so that a public process can take place. Mr. Flynn agrees there was good public dialog at a June 2015 public meeting but since that time, there has been only piecemeal information coming out about the process, often with no opportunity for public comment. Abutters, he said, should not be the only people in the community included in the discussion. In response, Ms. Barry said the Board of Selectmen have not deliberated in private about this matter, as Mr. Flynn inferred. Danit Netter, 17 John Poulter Rd, thanked the Board for having a discussion in such a way that allows public comment. But, she disagreed with the VHB findings showing that of the 111 vehicles turning at Waltham Street, only 29 continue down Waltham St. Ms. Netter believes many of the cars are taking a left turn on Worthen Road and then cutting through Kendall Road. She cited a very big problem in that area in which 20-30 cars line up on Kendall Road., making their way to Route 2 or taking a left on Marrett Road to avoid the busy Marrett Road/Waltham Street intersection. She asked that an analysis of this situation be conducted and included in VHB's findings. Ms. Netter added that VHB's statement that there are sidewalks on Winthrop Road—and therefore there are no safety issues for pedestrians—is misleading because the side streets off of Winthrop Road that cars use to cut-through have no sidewalks and a lot of pedestrians such as students, elderly and dog walkers use those side streets. On a final point, Ms. Netter said her neighborhood has just been redistricted by the School Department and more school buses are now coming through. She asked that the Board carefully consider the impact of adding more cars to the problem. Marion Krupka, 40 Winthrop Rd., said the volume and speed of traffic on her street has increased dramatically over the nine years she's lived there. She said is it difficult to turn left into the high school—at peak and at other times because of the heavy volume of cars coming down Waltham St. She expressed concerns about home values and impacts to quality of life resulting from mounting traffic problems. Dawn McKenna, 9 Hancock St. and Precinct 6 Town Meeting member, said she does not understand the safety issue that the Town is trying to solve. She asked for an articulation of the balance between the problem of Woburn/Mass. Ave. and the problems that will result from the traffic signal solution. John Rosenberg, 64 Bloomfield, asked Ms. Castelli about conflicting descriptions of turn restrictions between the written and verbally presented materials. Ms. Castelli said the Town is able to make that determination but VHB would generally say the turn restriction off Mass. Ave. would be most effective for the morning hours and the restriction off Waltham Street would be best for the evening peak. This is, however, open for discussion. Mr. Rosenberg said he is struck by the memory of asking BETA Group in 2015 about non-structural solutions and was told that BETA was forbidden to consider them. BETA also said it did not study any traffic changes because it was beyond their brief. Because non-structural mitigation was not on the table, a 70-102 Selectmen's Meeting—November 21, 2016 signal was proposed—yet, ironically, non-structural solutions are now proposed to mitigate the problems the signal will cause. Mr. Rosenberg asked the Board how the signal at Woburn Street would be integrated with the work of the ad hoc Center Streetscape Design Review Committee. Ms. Barry said that the ad hoc Center Streetscape Committee has submitted its Tier I report and the Board awaits reports on Tiers II and III. As before, Ms. Barry emphasized that the Board of Selectmen has not taken any votes or positions on any part of the Center Streetscape material because to do so would undermine the process of the ad hoc committee. However, the traffic signal is not part of what the ad hoc committee is studying. The committee's charge can be accessed on the Town website for clarification. Xiaopeng Gong, 47 Winthrop Road., said his children walk to school—one to Clarke Middle School and one to LHS—and the traffic on Worthen Road. is really bad. He added that the peak hour window should be wider than 7:15-8:15 a.m. As someone who uses Kendall Road to circumvent the traffic on Waltham Street, he has seen a noticeable increase in volume of cars doing the same circumvention maneuver he does. Gerry Paul, 43 Highland Ave. and Precinct 4 Town Meeting member, said he walks every day through his neighborhood to the Center. Looking back at the beginning of the discussion about the Woburn Street/Mass. Ave. intersection, he said the charge given to BETA Group was too narrowly focused on the intersection. Mr. Paul said he and a group of residents has done some research and formed the opinion that three sets of pedestrian flashing lights—like those on Spring St.would be effective if placed 1)near the Police Station and the Baptist Church; 2) near the bike path; 3) and further down Mass. Ave. at the Muzzey Condominiums. They would not have the negative side effects that a traffic signal would pose. He asked that this solution be considered. He added that the neighborhood is happy with the recently reconfigured Highland/Winthrop Road intersection and if something has to be done to address cut-through traffic, it should be done in any case; installing the light would only makes matters worse. Bill McKenney, 5 Winthrop Road, said the plan as presented would be great for moving traffic through Winthrop Road. but it does nothing to address quality of life issues for the people living in the neighborhood. Mitigating traffic at Mass. Ave. and Woburn Street does not eliminate traffic—all the plan does is move cars through faster and encourage more drivers to choose this as a faster route. His children bike on Winthrop Road. but not without risk since cars can reach 50 mph. Vicky Blier, Precinct 9 Town Meeting member, said that it sounded to her as if there are already traffic problems in the Winthrop Road. area and the neighborhood should seriously consider the mitigations. Ms. Blier said the traffic light at Woburn Street is something of a red herring. Warren Kerper, 6 Winthrop Road, said that there are new developments going up on the town line at Woburn St. and Lexington St. The VHB study probably did not account for these additional residents but there would be a traffic impact from this population growth. He said that mitigation strategies might work but because the neighborhood is on a hill, things like bumps and tables would have to be located carefully because the road can get icy. When he commutes daily, he takes a left turn out of Winthrop Road onto Mass. Ave. and while it is not always easy to do 70-103 Selectmen's Meeting—November 21, 2016 so, it is also not impossible. Mr. Kerper said if the No Parking rules already in place were enforced, turning would be even easier because sightlines would be improved. Ms. Barry thanked the residents for their comments and emphasized that the Board of Selectmen is listening to what they have to say. She added that they read every email they receive and that they hold open office hours throughout the week. Harbell Street Betterment/Acceptance A petition signed by 8 out of 15 abutters has been submitted requesting this road be improved and accepted by the Town. John Livsey, Town Engineer, and Michael Sprague, Staff Engineer, presented details. Mr. Sprague said that over the past year, his department has been in contact with Mr. Daniel Hess, a direct abutter of Harbell St who initiated the petition and acceptance process. The estimate of cost to bring the road up to Town standards prior to acceptance is $147,000. One of the abutters that did not sign the petition is considered exempt, a status agreed to by those who did sign. After street betterment, there are several other necessary steps culminating in approval/disapproval by Town Meeting. Ms. Ciccolo asked if the cost of betterment will be borne entirely by the residents or if the Town will contribute to the project. Mr. Livesey said the cost would be covered entirely by the residents but the Town would make the initial payment and be reimbursed by the abutters over a period of time. The cost per resident would be approximately $10,000. Ms. Ciccolo noted that some of the abutters said they did not want the width of the road increased. Mr., Livsey said the Town minimum is 18 feet; currently, the road ranges in width from 16 to 20 feet so there would be some areas that would undergo minor widening but otherwise the improved road would be consistent with what is there today. The width in some areas might be reduced. Mr. Kelley asked what the right-of-way is on the current layout because he is interested in the relationship between the dimensions of Balfour and Harbell streets. Mr. Livsey said he believed the right-of-way is 40 feet and that Balfour Street does taper down in that area. Resident Daniel Hess said there is no navigable connection between the two streets, only a 20 foot walkway where Balfour Street dead ends. Ms. Barry asked if the abutters who have not signed the petition were contacted. Mr. Hess said he reached out to 14 of the 15 abutters. One of the abutters was exempted, as noted above. One abutter the fifteenth—is a house under construction and Mr. Hess was unable to speak with anyone associated with the property. Ms. Ciccolo asked if the largely undeveloped parcel of land on the street would become a target for development if Harbell Street becomes a public way. Mr. Hess said there are no plans to develop the land; he believes documentation exists prohibiting development, although he has never seen it. Speaking to the process, Mr. Cohen said that, eventually, once all necessary steps are followed, there will be a warrant to accept the road and bond the money to construct the street. If the article passes, the cost of construction and borrowing will be put on the applicable residential tax bills 70-104 Selectmen's Meeting—November 21, 2016 and the amount can either be paid at once or over time. The article requires a 2/3 vote of approval at Town Meeting. Mr. Pato asked if there is active opposition to the betterment and acceptance. Mr. Hess said some people had concerns and some people expressed indifference. Mr. Livsey said he received a call today from one of the abutters who then sent him an email with 29 questions, however the questions did not equate to opposition to the project. Mr. Livsey will respond to the questions. Ms. Ciccolo ascertained that the abutters had not yet received communication from the Town about a potential project. Mr. Livsey said that the intent to layout phase of the project does not require abutter notification but the next meeting on January 9, 2017 would require notification, delivered by the Town Constable. Mr. Kelley asked if the betterment charges were calculated by linear foot. Mr. Livsey said there are two methods: by linear foot or by parcel. The last few betterments done in Lexington have been per parcel, which is what he recommends if all the parcels are already built out. Mr. Pato said he intends to support the project but he also wants to hear from the whole neighborhood about what the concerns are. On motion duly made and seconded, the Board of Selectmen voted 5-0 to move ahead with the notice of intent to lay out Harbell Street as a town way from Paul Revere Road, a distance of 645 feet, more or less, to the end of Harbell Street. Update Charge—Tax Deferral and Exemption Study Committee Co-chairs of the Tax Deferral and Exemption Study Committee, Vicky Blier and Pat Costello, said the charge of this committee was recently reviewed by Deputy Town Manager Linda Vine who proposed a more complete charge and description. The committee agreed with the changes. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the revised charge of the Tax Deferral and Exemption Study Committee and to designate the members as Special Municipal Employees. Abate Property Taxes 171-173 Bedford Street Mr. Valente said the seller of 171-173 Bedford Street is responsible for FYI property taxes only until the date of purchase by the Town. Under MGL Chapter 59 section 72A, the Board of Selectmen may request, in writing, that the Board of Assessors abate the unpaid property taxes from the sale date to the end of the fiscal year. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Chairman to sign the request that the Board of Assessors abate the unpaid property taxes for 171-173 Bedford Street, from the date of purchase by the Town to the end of the fiscal year. Preliminary Cemetery Fee Analysis Claire Goodwin, Town Management Analyst, and Director of Public Works Dave Pinsonnault presented information about burial and grounds maintenance fees in advance of proposed Capital improvement initiatives at Westview Cemetery to determine if the fee structure should be changed to increase revenue. 70-105 Selectmen's Meeting—November 21, 2016 Ms. Goodwin said that in January of 2016, TBA Architects conducted a program study of the existing building at Westview and concluded the cost to renovate the current building would be $2.74M and the cost to construct a new building would be $3.040M. The second purpose of the analysis was to examine the impact of the future expansion of the cemetery. The Town has approximately 6 years before the current section is full but the cemetery has usable, undeveloped land into which it can expand. Ms. Goodwin provided some background on the cemetery fee structure: when a plot is sold, the revenue is split45% goes to a special revenue Town account and 55% goes to the Trustees of the Public Trust. Cemetery fees and service rates have not changed since 2005. Three different fee adjustment options were considered that would affect how the Town serviced the project debt. Option 1: Adjust 2017 cemetery rates by 2 1/z % annually over 2005 rates and by 2 1/z% annually every other year beginning in FY2019. Option 2: Adjust 2017 cemetery rates to the average among Lexington's comparable communities and 2 1/z% every other year beginning in FY2019. Option 3: Adjust 2017 cemetery rates to cover the estimated debt service for a new/renovated equipment/administration building and maintain a minimum of$100,000 in the Sale of Cemetery Lots account(an approx. 47% increase) and a 2 1/z % increase every other year beginning in FY2019. Ms. Goodwin showed a chart that demonstrated how each rate option succeeded or failed to meet the Towns goals. It was noted that of the three options, Option 1 was unable to meet the goals while Options 2 and 3 achieved them. The suggested next steps for this initiative were The Town could: • Explore other alternatives than the three options identified; • Decide if the current scope of the project is optimum; The Board is encouraged to make a site visit to the cemetery administration building. Ms. Barry asked how many people a gravesite holds. Mr. Pinsonnault said most sites hold two full bodies or four cremains. He believes the numbers are fairly evenly split between two options. Ms. Barry wondered if, given a general increase in cremation, the Town might consider building a columbarium and including space for services since people are not using churches as much as they used to. Looking at Option 2, Mr. Pato said it more than covered the Town costs. He asked if there is a motivation to bring in this level of revenue. Mr. Valente said Ms. Goodwin also looked at the cemetery's operating costs that are intended to be covered by the Trust fund. With interest rates so low for so long, the Trust balance is no longer generating sufficient amounts to cover operating costs. Ms. Ciccolo said she had originally thought something between Option 2 and Option 3 was advisable but is now leaning toward Option 2. 70-106 Selectmen's Meeting—November 21, 2016 Ms. Barry asked Mr. Pinsonnault what would happen to the current building if a new cemetery building was constructed close to Westview St., as envisioned. Mr. Pinsonnault said it would open up the area for additional plots, essentially swapping out unsold graves sites near Westview St. for the space the building now occupies. Mr. Kelley said Ms. Goodwin's analysis is well done and valuable. He agreed with Ms. Barry about including additional space for bereavement services and said he is convinced that a new building—rather than a renovation—is the right approach, although $3M seemed high. He would be in favor of setting rates closer to the actual cost of operation and supports something closer to Option 2. He added that he applauds addressing facilities need in this enterprising way and suggested a similar exercise be conducted for the Visitors' Center. Mr. Cohen also agreed with the approach and the innovative identification of revenue sources. Dawn McKenna, 9 Hancock St, wondered if a bigger differential between resident and non- resident fees had been considered, since Lexington residents might warrant a more favorable rate. She suggested the 55%that goes to the Trust might be re-examined since it is not keeping up with expenses. Mr. Cohen asked if Lexington sells gravesites to non-residents. Mr. Pinsonnault replied that the site would have to have been purchased when the person was a resident. A non-resident burial fee is charged at the time of interment. Approve and Authorize Chairman to Sign Letter Regarding Doppler Weather Radar Antenna at Hanscom Mr. Valente said the Board was contacted by NBC/Universal with a request to construct a Doppler Weather radar tower at HAFB but the response period of 30 days was too brief for the Board and Town staff to submit questions/comments. A meeting with the Development Review Team and the applicant was held in early October, after which site plans,photographs and other materials were forwarded to the Town. In response to that information, a letter has been drafted to be sent to Charles Strickland III, Installment Management Flight Chief at Hanscom, that addresses four areas of concern: Public Notice/ Outreach; Lexington Public Safety Communications Equipment request; Historic Preservation; and Property Tax Status of Equipment and Structure. On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve and authorize the Chairman to sign the draft letter to the Air Force regarding the proposed Doppler Weather Radar Tower. Board of Selectmen Appointment and Resignations On motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Malcolm Crawford as a member of the Greenways Corridor Committee to complete the term vacated by Paul Knight, expiring September 2018; to reappoint Nick Afshartous and Lee Minardi as members of the Noise Advisory Committee with terms expiring September 2019; and to appoint Frederic Johnson as liaison to the Center Streetscape Ad Hoc Committee for a term to expire when the report is complete; 70-107 Selectmen's Meeting—November 21, 2016 And further, on motion duly made and seconded, the Board of Selectmen voted 5-0 to accept the resignation of Paul Knight from the Greenways Corridor Committee and Cristina Burwell from the Lexington Council for the Arts; The Historic Districts Committee The Board filled two of the four Associate Member vacancies with candidates submitted by the Historical Society, the Cary Library Trustees and the Lexington Arts and Crafts Society. Ms. Barry noted that two names were submitted by LACS but one was a repeat of a submission from the other groups. Therefore, the Board anticipates receiving an additional nomination from the Lexington Arts and Crafts Society in the near future at which time the final two appointments for Associate Member can be made. Each Selectman voted for two choices. The nominee with the greatest number of votes will serve for the longer term and the nominee with the next greatest will serve for the lesser term. On motion duly made and seconded, the Board of Selectmen voted 5-0 to appoint Paul O'Shaughnessy to fill the unexpired term of Robin Leavitt(12/2018) and to appoint Donna Hooper to fill the unexpired term of Nancy Shepard(12/2019) as Associate Members of the Historic Districts Commission. Consent A_eg nda Water & Sewer Commitments On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the Commitment of Water& Sewer Section 1 for $2,923,850.77; the Commitment of Water& Sewer Section 2 for $3,245,990.97; and the Commitment of Water& Sewer Cycle 9 for $298,270.57. Approve Use of the Battle Green—Lexington Minute Men On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the use of the Battle Green on Sunday, December 11, 2016 from 10:00 a.m. until 1:00 p.m. by the Lexington Minute Men, in collaboration with the Lexington Historical Society and Lexington's Visitors Center, for a re-enactment of the Lexington Tea Protest of 1773. There will be a first musket drill (non-firing) at 10:00 am. At 12:15 p.m. there will be a second musket drill (and firing demonstration). The Minute Men will conclude by firing one volley for every Lexington man lost(total of 10) on April 19, 1775. Approve One-Day Liquor Licenses—Spectacle Management On motion duly made and seconded, the Board of Selectmen voted 5-0 to approve the request by Spectacle Management for a one-day liquor license to sell beer and wine in the lobby of the Cary Memorial Building on Saturday, December 3, 2016 from 8:00 p.m. until 11:30 p.m. (Reduced Shakespeare) and on Saturday, December 10, 2016 from 7:30 p.m. until 11:00 p.m. (Eileen Ives). Executive Session On motion duly made and by roll call vote, the Board of Selectmen voted 5-0 at 10:00 p.m. to enter Executive Session under Exemption 6 to consider the purchase, lease, or value of real property, Montessori School property purchased from Belmont Country Club; and under Exemption 3 to discuss strategy with respect to potential litigation related to property at 70-108 Selectmen's Meeting—November 21, 2016 430 Concord Avenue; and under Exemption 6 to consider the purchase, lease or value of real property, 20 Pelham Road; and to reconvene in Open Session only to adjourn. Further, it is declared that an open session meeting discussion may have a detrimental effect on the litigating or negotiating position of the Town. Ms. Ciccolo indicated she would not participate in the 20 Pelham Road discussion due to a conflict of interest. On motion duly made and seconded, the Board of Selectmen voted 4-0 to adjourn at 10:45 p.m. A true record; Attest: Kim Siebert Recording Secretary 70-109 Selectmen's Meeting FY2018 Budget Presentation 41 November 29, 2016 A meeting of the Lexington Board of Selectmen was held on Tuesday, November 29, 2016 at 1:00 p.m. in the Selectmen's Meeting Room of the Town Office Building. Chairman Barry, Mr. Kelley, Mr. Cohen, Mr. Pato, and Ms. Ciccolo were present as well as Mr. Valente, Town Manager and Ms. Siebert, Recording Secretary. FY2018 Budget Presentations Police Department Chief Mark Corr and Captain Michael McLean said that the past year has been a relatively stable one for the Police Department. Service calls remain at relatively the same level over time, as does the amount of criminal activity. Last year, 200 incidents of identity theft using tax return information occurred—causing a crime spike—but this year this type of thing did not occur. The department currently has four vacancies three patrolmen and one lieutenant—and the process has been initiated to hire four officers. Chief Corr said this is a time consuming process since it takes 16-18 months for an officer to complete Police Academy requirements and get on the street. An in-house promotion to fill the lieutenant vacancy is also underway. The Police Department budget, Chief Corr said, is essentially level with a $428 decrease, attributed to lower gasoline prices and senior officer retirements. The Police budget is largely driven by personnel costs. There are six unions represented in the department. Chief Corr noted the contract for Superior Officers has not been resolved for five years. When unresolved contracts are finally settled, an impact to the department budget will be felt. Noting that no Lexington residents are on the current Civil Service list, Chief Corr strongly encouraged young Lexingtonians to consider taking the Civil Service exam. There are also two Cadet-level vacancies,particularly for people with language skills such as Mandarin Chinese, Hindi or Korean. With the exception of one young man in the job for about 3 months, these vacancies have existed for two years. Chief Corr said goals for the department for the coming year include purchasing the ProPhoenix records system software program, to be shared with the Fire Department. The current software was installed in 1990 so the new program will represent a significant change and steep learning curve. Chief Corr added that the department is working to advance the Police station re-model/re-build project. He assured the Board that he has no intention to retire before the project is complete. Chief Corr said that staffing has been stable. He noted an initiative started last year to share an Animal Control Officer with the Town of Bedford has been very successful. Lexington pays 70% of the Bedford employee's salary. Captain McLean presented elements of the next few sub-program budgets that come under the Police Department umbrella. Captain McLean highlighted the Police Administrative travel line 70-110 FY2018 Budget Presentation 41 - November 29, 2016 item of$4,931.00 that is related to program support and continuing education for the new software system. Gasoline line items throughout the sub-programs all note the aforementioned price decline. Captain McLean said that the overtime increase within the Patrol and Enforcement sub-budget is intended to cover in-house staff training for the ProPhoenix computer program. Ms. Barry asked whether there is adequate funding to train officers in the administration of Narcan to address the opioid crisis. Captain McLean said there is a discussion now going on with the bargaining units about Narcan and setting up training sessions with the Fire Department. He does not believe additional funding will be needed. Ms. Barry said it is important for the community to know that this emergency response training is an ongoing process. For the "Traffic Bureau" sub-program budget, most changes from FYI have to do with the new parking meter program. There is a$30,648 increase in contractual services which represents wireless and credit card fees anticipated from the Smart meters. Captain McLean said that the 2333.33% increase in "Equipment Service/Repair" is actually not an increase but a melding of this line item and"Software Maintenance". "Repair Parts"has been zeroed out because service for the new meters will not be handled in the same way as it was for the old meters. Mr. Pato noted traffic enforcement was increased in the Center and elsewhere this year. He asked if the level services budget will sustain that effort. Chief Corr said it would be sustained and that the department examined staffing with an eye to the amount and location of service calls. Between 10 p.m. and 5 a.m., activity level is not as significantly as it was 15-20 years ago so the nighttime staff is now smaller and personnel have been shifted to daytime hours. Enforcement goals can be met without changing our budget. The "Investigations/Prevention"budget in which, again, lower salaries for junior employees (compared to now-retired senior employees) and lower gas prices have caused decreases in the "Wages" and "Gasoline" line items. It was noted that the $5,000 request for "Memberships/Dues/Subscriptions" is for a one-time payment to NEMLEC (Northeast Massachusetts Law Enforcement Council), a consortium of mutual aid police departments from 60 communities. NEMLEC has asked each member community for a $5,000 contribution to purchase a 50 foot RV base of operations vehicle for emergency response. For the "Dispatch"budget, the department is asking for a $17,990 increase in Overtime which will cover emergency response training exercises to meet recently revised standards. The department is required by law to review its own practices to ensure staff is adequately prepared. Responses are now reviewed by the department on a weekly basis and additional training is conducted where warranted. Contractual Services for"Animal Control"projects a$2,400 increase which represents Lexington's share of the salary increase shared with Bedford. Ms. Barry asked how many calls the officer responds to. Captain McLean estimated five calls per week for any/all kinds of animals as well as proactive preventative patrols and public education. Ms. Barry said the job is not highly visible so it is important for the public to understand the value to the community. There are no PIRs for the Police budget but Chief Corr highlighted the two Capital requests: 70-111 FY2018 Budget Presentation 41 - November 29, 2016 4967 Police Outdoor/Indoor Firing Range Hartwell Ave and 41020 Public Safety Radio Console Replacement. The Chief said that the Firing Range project was postponed from last year when the solar array project was being completed on Hartwell. At this stage, the department plans to bring in a consultant in January/February to advise the Town about the site and what the benefits are of building an indoor range at the Police station versus the Hartwell location. The cost of the project will depend on the scope. Captain McLean said the $370,000 Public Safety Console is critical for communication between departments and surrounding communities. The current Motorola console is 15 years old and as of July 1, 2017, service contracts will no longer be issued to support the system. Parts may be available for the Motorola system for the next 3-5 years but there will be competition for them with other communities who also have the old system. Some nearby communities have already upgraded; having a comparable system will make it easier for Lexington to communicate with these towns. Not seeing comparable line items on other department budgets, Mr. Pato asked if the Police were taking the lead on emergency dispatch training and then sharing the training with the Fire department and EMTs. Chief Corr said he has included shared training as a function of the dispatch personnel. Mr. Kelley said the subject of the firing range has been a recurring one but asked, with so much going on at Hartwell Ave, if another community or Hanscom AFB might host one for the region. Chief Corr said many communities in the area are restricted from building or operating firing ranges. HAFB has an excellent indoor range but Chief Corr said officers also need outdoor training to prepare for incidents in the field. Lexington frequently receives calls from other towns asking to use the Town's indoor range. The Town's current outdoor range was built to accommodate shotguns and revolvers—weapons that are no longer used in the field. At minimum, Chief Corr said an expansion of the current outdoor range would better prepare staff for modern day armed encounters. There is an outdoor facility at Devens but logistics and scheduling are difficult. Discussions about firing ranges are occurring around the state, not only among police departments but also in private security. Ms. Ciccolo asked if the new computer software will have the ability to capture bike and pedestrian accident reports. Chief Corr replied that the program is used by 350 communities in the Midwest and East Coast and has a robust accident reporting capacity, although he is not sure until he works with it what capacity the system will have specifically for bike and pedestrian incidents. The current system is limited to information the Commonwealth asks for, which does not include this type of report. Fire Department Fire Chief John Wilson and Assistant Chief Derek Sencabaugh said the Fire Department, like the Police Department, struggles with the lack of personnel and has lost 7 top step employees to retirement. It will eventually hire 7 first step replacements. The Chief recently got word of an additional retirement that will occur this January. Altogether, there will be one captain and three 70-112 FY2018 Budget Presentation 41 - November 29, 2016 lieutenant positions to fill. There are 5 job offers out now and background checks are being conducted. This past fall, the department held both an entrance exam and a promotional exam and half the current department passed the promotional tests. The written test is the first in a three-step process; the remaining steps will take place this winter. Last week, the department met with the architects to discuss program needs and it now looks forward to seeing proposals for the new firehouse, as well as for the interim swing space at 173 Bedford St. The FY18 Fire budget as proposed represents a 1.5% decrease from FY17, largely due to retirements. Some changes include: • Contractual "Emergency Services" has a projected $10,000 increase for ambulance billing services. The company that performs this service takes a percentage of annual fees so an increase in this line item reflects an expectation for increased revenue. • A deduction of$8,000 was noted in the "Small Equipment" line item since the equipment was purchased last year and the allocation is no longer needed. • The $8,892 Lease Agreement line item under the "Fire Protection" (page 5) is for a trailer that will not be needed once the new station is built. In the realm of PIRs, there is one carry-over from last year which seeks to hire 2 FTEs to complete the department goal of fully staffing Fire Suppression/EMS. This would allow the ambulances to be staffed 24 hours/7 days a week. With the additional employees, the department would end the practice of cross staffing with the ladder crew. It was noted that in FYI there were two occasions for which the ladder truck with its specialized equipment was unavailable because the staff were out on ambulance calls. Two years ago the Board authorized two FTEs that would have provided staffing for the staffing for the second ambulance for additional hours but the plan was not implemented due to leaves of absence and retirements. Full staffing will allow the Town to respond to more calls rather than resorting to mutual aid. There have been 50 applicants for the jobs of which 37 passed the entrance exam. The Chief believes the new hires will be on board by January and ambulance service goals will be met. Assistant Chief Sencabaugh spoke about the single FYI Capital request—Ambulance Replacement$280,000. There are currently three ambulances: two rotating in and out of primary position and a third mechanical spare. Each ambulance is replaced after 9 years of service. The ladder truck specs have been finalized and the purchase order will be placed in December. A truck takes about 7 months to build, so delivery is expected in July 2017 or after. The Fire Department's two main goals are the new headquarters and implementing the Public Safety software. Exercise area improvement has been put on hold pending the new station. Ongoing: The department will continue its community outreach with education efforts and collaboration with the Human Services Department and the senior population. The department 70-113 FY2018 Budget Presentation 41 - November 29, 2016 will also continue active participation in the Middlesex Opioid Task Force and the SAFE program at the elementary schools. Mr. Kelley asked about lost revenues from the estimated 100 ambulance calls that were handled by mutual aid. Chief Wilson said each call represents $800 in potential revenue but even with a full staff, Fire would not have been able to respond to all 100 calls on its own. With the current level of staff, ambulances are now staffed Monday through Friday, Sam until 6 pm. Ms. Barry asked about the $67,500 Protective Clothing Capital expense for FY20. Chief Wilson said each firefighter has two sets of gear and each set is good for 10 years. Usually, the expense is covered within the operating budget but with new hires and other factors, the department has to catch up from time to time. Mr. Cohen asked if ambulance fees were in line with surrounding communities. The Chief replied that the rates were a little below comparable towns but if they go up, collections suffer. Belmont's fees, for example, are 100% higher than Lexington's but their collection rate is 50%. Lexington increased fees in 2015 and the Chief says they are now right where they ought to be. Ms. Ciccolo asked if the underground storage tanks the department oversees are mostly a thing of the past. The Chief said the majority of remaining tanks are on commercial properties, like gas stations. The department usually deals with tank removals when buildings convert to gas. Information Services Chief Information Officer Tom Case and IT Director Dorinda Goodman presented the FYI budget, noting that Information Services serves all Municipal departments and the Schools. The FY18 budget reflects a $107,516 or 5.88% increase over FY17 and includes a 10.88 % or $112,175 increase in expenses. The major drivers of this increase are software and hardware maintenance contracts, the transfer of responsibility for maintenance of VoIP telephone systems from Facilities to IS, new applications, and an increase in contractual services. Staffing will remain flat at 10 FTEs in FYI with one vacant position now being actively recruited. An upcoming retirement in January will result in another recruitment at that time. Significant 2016 initiatives included: launching the new Town website; selection of the new Public Safety Police and Fire system; VoIP telephone installation at Clarke and Diamond schools and the Cary Memorial Library; expansion of data storage capabilities and continued migration to electronic records; and numerous system level upgrades to the core business systems and supporting infrastructure. A town-wide network assessment will be conducted to provide guidance about how to provide utility-class network services to the Municipal and School buildings. A grant has been secured to fund the Town's first cyber security audit. In the area of Capital, Mr. Case said the department is asking for $350,000 in FYI to continue and/or complete project work approved in previous budget cycles. There is also a request for one new project to support a pilot program of redundant connection to one of the Town buildings, a first step to providing redundant connections to all Town buildings. 70-114 FY2018 Budget Presentation 41 - November 29, 2016 The phone service project will wrap up this year with the completion of installation at Fiske and Harrington schools and the Municipal technology improvement program continues with investments in additional computing servers and associated disk storage and licensing. A single PIR requests $16,000 for replacement of a heavily-used, large format scanner at Hadley Public Services building. The amount includes the service contract. Ms. Goodman noted "General Government" shows funding for a Project Manager that was shifted from the Town Manager's office and reduced to a .8 FTE. Once the current person retires from this position, the job will be reposted as full-time. Ms. Goodman said this slight upgrade will not impact the Compensation line item because the new position will be at a lower salary than the previous position. Ms. Goodman detailed increases saying that hardware and software maintenance and cloud storage are the drivers of the biggest changes. Utility increases ($17,000) include impacts from Town and School phone costs and addition of redundant bandwidth. Contracted Services are projected to increase by $10,000 to reflect the wider scale of services, infrastructure expansion, and audit needs. Ms. Goodman said that the Town of Lexington's Information Services department has been recognized as an industry leader that strives to meet the unique needs of the Town with up-to- date knowledge and skill for as low a cost as possible. Ms. Ciccolo was impressed with the list of goals found in the presentation and asked for a status report about the Town-wide scheduling software previously discussed with Community Center staff and others. Ms. Goodman said IS thought it had found a suitable software package but it did not fit the needs. There is funding in the budget to purchase and implement the right system once one is found. Ms. Ciccolo asked if the Town's general liability insurance policy has a cyber security rider. The department replied there is no current coverage but options are being researched. Ms. Barry asked which department is responsible for the Novus system expense used by the Selectmen's office. Ms. Goodman said Novus is in the IS budget. Mr. Valente directed the Board's attention to capital project 4855 Network Redundancy Improvement Plan. For a couple of years, IS has been looking for a way to provide a back-up communication system so that Town never loses building interconnectivity a Public Safety concern. Working with the Communication Advisory Committee, IS wants to be able to create a system that would include both wireless and fiber optics technologies. To this end, the Board of Selectmen will hear a presentation at their December 5 h Board Meeting about adding a cell tower on the Town Office campus. The Historic District Commission is supportive of the project. An RFP will be posted for the cell tower which will include specifications so that the Town can add wireless dishes, a component of the redundant network. The ability to do this lowers the overall cost of the redundant system. Mr. Valente said the project is a high priority but the process is long and being accomplished piece by piece. 70-115 FY2018 Budget Presentation 41 - November 29, 2016 Town Clerk Chief Information Officer Tom Case and Town Clerk Nathalie Rice presented the department budget proposal for FY18 which represents an overall decrease of 5.76% ($28,423) from FY17. It was noted that FY17 included a Special Town Meeting supplement of$6,250 for early voting. The majority of the decrease ($23,106) is in Compensation and the remainder is in Expenses. Mr. Case said the Town Clerk's budget varies year to year, based on the number of Town elections. In FY16, there were three elections and six Special Town Meetings. Year to date in calendar year 2016, there have been six elections and five Special Town Meetings. For FYI 8, the Town Clerk anticipates two elections and one Special Town Meeting. Staffing for FYI will remain flat with 3 full time and 3 part time staff. The department is looking for a third Registrar of Voters due to a recent resignation. There are no Capital requests for FYI but one PIR asks to add 7 hours/week to a part time employee's schedule for a total of$24,468. Four drivers prompt the request: AP and payroll (this responsibility shifted last year from the IS department); compliance with Electronic Reform initiatives which include Early Voting and pre-registration of 16 and 17 year olds; compliance with Public Records reform; and meeting the demands of electronic records management. Ms. Rice listed her department's goals for FYI 8: continue to emphasize timely customer service for Town records and to meet the expected increase demand for Public Records; satisfy election administration compliance with related statutory requirements; continue effective use of the Commonwealth's Electronic Vital Records systems; continue to develop coordinated Archives and Records Management Program; enhance and further implement Laserfiche document imaging for records; prioritize Laserfiche migration of historic documents for public access. Ms. Rice said because Public Records reform was passed in 2014, she anticipates growing demand levels. Archives and Records Management is also important,particularly with updated Open Meeting regulations and increased government transparency. The minutes and meeting documents of the 99 Town Committees are archived permanently. Ms. Rice said the FYI budget was offset by a$4,100 check recently received from Minuteman Technical High School to assist with costs for the district election held in September. Ms. Rice also applied to the State for a $1,750 Early Voting partial reimbursement for Saturday hours. The Town will continue to receive State election reimbursements as they occur. Currently, there is a $36,000 balance of CPA funding for an ongoing project that has shifted its focus from archives preservation to records migration to make documents more publicly accessible. The Town Clerk's office has what Ms. Rice called a $20,000 standing placeholder for CPA funds which, due to the $36,000 in hand, would be re-initiated in FY19. The funds will be used similarly for ongoing records management and migration. Mr. Pato confirmed that no further funds are needed to complete or continue last year's efforts to refresh the Town's voting technology. Ms. Rice said that even though the Town approved the expense to replace the old AccuVote scanners, she chose not to add to the election workers' burdens by requiring them to operate new machines in this last election cycle. The funding is still available and Ms. Rice plans to research available options with an eye to rolling out the new technology next November. 70-116 FY2018 Budget Presentation 41 - November 29, 2016 Mr. Cohen asked if the Town Clerk's office provides names of citizens for jury duty. Ms. Rice said it did and that it is done through the census, which she understands is one reason people are reluctant to fill out the forms. The census goes out each year to 11,000 Lexington households; the returned forms are processed individually. Ms. Ciccolo said early voting was very organized and went smoothly. She wondered, however, if Cary Hall would continue to be used for that purpose because parking was problematic. Early voting had designated parking spaces—which was helpful—but Ms. Ciccolo asked if the added handicapped spaces (although not the official ones) could be used by other voters such as those with young children or seniors. And, if early voting moved to another location, would it impact staffing? Ms. Rice said she has given a lot of thought to the next election with early voting in 2018. Because there is less turnout for State elections, the polls will stay where they were this year. She believes the heavy volume in 2020 may require using Battin Hall itself, however, because every precinct will need to be represented. Anywhere that early voting is located has to close down to other operations for the two week duration. Early voting not only presents logistical challenges, it presents costs to the Town, Ms. Rice said. With the State reimbursement, the Town is out of pocket about$3,000 but the election was a big effort. Ms. Rice acknowledged the dedication of 150 poll workers and the office staff who worked late, came in early, worked Saturdays to process and bundle 8000+ early voting ballots to make them ready for the precincts. Mr. Valente focused attention on the single PIR for 7 additional staff hours/week, saying that the request could be considered maintenance of service since most of what is driving the request is due to new unfunded mandates from the State. Ms. Barry asked Ms. Rice to convey the Board's appreciation to the department staff for continually rising to the occasion,particularly in a very complicated, busy year. Human Services Charlotte Rodgers, Human Services Director, introduced Kelly Axtell. Assistant Director of Senior Services; Jeanette Rebecchi, Transportation Manager; Gina Rada, Veteran Services Coordinator; and Kristie Demirev, Youth and Family Services Social Worker to talk about the Human Services Department and FYI budget. Ms. Rodgers said the numbers of residents coming into the new Community Center has been very exciting and has increased the department's visibility and outreach capabilities. The department is requesting a level service budget for FY18 for a 3.88% increase over FY17. This includes a new Lexpress contract, now in the remitting process. There are four notable initiatives for FYI 8: • Work toward implementing department-wide financial and electronic records keeping. • Continue collaboration with Rec and Community Programs department to provide best practices in shared customer service, operations and safety. 70-117 FY2018 Budget Presentation 41 - November 29, 2016 • Interdepartmental collaboration to assess unmet needs for youth and family and provide relevant programming at the Community Center and in the community at large. • Continue expansion of recruitment and development of volunteer program to reach all ages. There are no FYI PIRs. • Senior Service Calls have tripled to over 500/month since the office moved to the Community Center. Walk- ins number over 100 a month. Blood pressure clinics now average 20 a month, up from 5. Senior Services implemented a couple of working groups with the COA to understand what seniors would like for trips and programs. Staff also participate in wellness fairs, the Farmers' Market, and the Fire Department open house. The calendar is now back in the Senior Newsletter, a return that has been well received. The age at which residents receive the newsletter is now 60, rather than 65; they are always translated into Mandarin Chinese. Senior Services added a Diwali gathering and a Chinese Autumn Moon festival. This year the department is partnering with the Lexington Housing Authority to provide health and wellness opportunities to residents of Vinebrook Village. Due to Executive Office of Elder Affairs funding and the Dana Home Foundation, a volunteer coordinator and a registered dietician were hired two,part-time, non-benefitted positions. As many as 14 senior programs have been added at the Community Center such as "Love Your Life Well", a fitness sampler, a Wilson's Farm cooking demonstration, a senior night out, and a wine and craft beer tasting. Two tests of virtual programming yielded mixed results so the staff is working out the bugs. • Youth and Family Services The FYI budget will see a 3.87% increase over FYI 7, mostly due to wages and supply costs. The Community Center location of the office has allowed for increased outreach. In the last year, there have been two free groups for middle school students and LYFS partners with Recreation to provide monthly family fun nights. Three parent workshops were hosted presenting talks by area clinicians. With Recreation, LYFS collaborated with the LHS S.A.D.D. program to host a games night for middle and high school students and a peer-run collaging event with students from the Youth Services Council. The number of people seeking services has increased with requests for counselling, referrals, and basic consultation. There are about 200 emails and 100 calls a month seeking information. Since Ms. Demirev is more accessible at the Community Center, it has allowed for more flexible appointment times and she noted that walk in activity has more than doubled. LYFS received 20 requests for referrals from the Schools this year for support or intervention. The cases being seen are more complex and require more ongoing support and collaboration. At risk youth screening is another function of LYFS as are other collaborative efforts such as programs on the opioid crisis. The office also supervises two Masters of Social Work student interns who have initiated and organized youth programming. 70-118 FY2018 Budget Presentation 41 - November 29, 2016 • Lexington-Bedford Veterans Services The FYI budget will seek a decrease in funding from both the General and the Regional funds. Effective July 1, 2016 the office was re-authorized by the Massachusetts Office of Veterans Services to continue operating as a district until June 30, 2018. Since moving to the Community Center, the volume of clients has more than doubled, Ms. Rada said, with the majority of inquiries and visits pertaining to federal benefits. Completed applications for VA disability and health care have increased by roughly 37% on a monthly basis. The opening of Bedford Green at the Edith Nourse Veteran's Facility in Bedford is a factor in the increase. Bedford Green houses a total of 69 veterans 55 years or older, 35 of which are eligible for Chl 15 services. The funding for Chl 15 comes from the Town of Bedford but Ms. Rada handles the VSO case management for Bedford Green. Outreach is a big priority for the Lexington-Bedford Veteran's Services office and Ms. Rada has given a number of informational workshops and created LexMedia programming to help get the word out. Lexington was also a participant community in the Vietnam commemoration ceremonies held this year. Lapel pins were distributed at the annual Veterans Day breakfast to all Vietnam veterans and the contributions of some of the local veterans were highlighted during the Veterans Day services. Additional ceremonies and programs will be held in coming years in accordance with commemoration objectives. An online registration system was developed in conjunction with the Town Celebrations Committee to identify veterans interested in participating in Veterans Day. The system will also help spread information that will be of interest to this population. Identifying more veterans from the Vietnam era has led to an increase in claims for disability. Ms. Rada has filed claims for exposure to Agent Orange that contribute to diseases such as cancer and diabetes. Lexington has become a Purple Heart community and the office will increase public awareness of local recipients. • Transportation Services This budget is projected to increase 13.54%, due almost entirely to an anticipated increase in the Lexpress contract which will begin July 1, 2017. Overall, Lexpress provides 75,000 rides per year although last year that number declined about 2 1/z% from the five year average due to unknown factors. Ms. Rebecchi suspects the decline may be attributed to more grade school students using the school buses. Senior ridership continues to grow and now makes up about 38% of the total. Overall, Lexpress takes in about$80,000 from fares but it also provides over $20,000 in free Lexpress passes for low income residents. The LexConnect Taxi voucher program is entirely gift-funded. 86 new seniors signed up for the program last year and close to 500 are enrolled. This service provides door-to-door transportation for those who cannot access the Lexpress fixed-route transportation. 70-119 FY2018 Budget Presentation 41 - November 29, 2016 Mr. Cohen said the reorganization of the Human Services Department is extremely impressive. One thing he hears from business owners in the Center is the need for staff. He hopes Transportation Services will look into a way to assist so that workers are able to get to Lexington. Ms. Rebecchi said her office and the Transportation Advisory Committee, with the support of the Selectmen, have continually lobbied the MBTA for better service from Alewife on nights and weekends. She is also working with Minuteman Vocational School to create a work-study relationship with center restaurants and other businesses. Mr. Valente said that there will be more discussion about Center business employee transportation at the second budget session when Economic Development gives its presentation. Mr. Kelley wondered if Uber and Lyft services might be tapped to improve transportation and if a subsidy program could be developed. Ms. Rebecchi said these services are more urban focused but she noted that the MBTA's The Ride has started to use Uber to serve its clientele. She is interested to explore these options with Economic Development Officer Melissa Tintocalis. Ms. Ciccolo asked for more information about the volunteer program. The department noted there are about 120 volunteers working in community and senior programming. These volunteers are overseen by a 10-hour/week Volunteer Coordinator although all staff oversee volunteers. Having a dedicated person in the position provides better opportunities for program expansion. Library Library Director Koren Stembridge and Assistant Director and Head of Technology Emily Smith said that the Cary Memorial Library is the 6'busiest out of 350+ libraries in Massachusetts. Cary has the highest circulation for a town in Lexington's size category. Last year, library users borrowed 853,000 items, up more than 25,000 from the previous year; 22,000 of those items were from the Children's Library collection. 550,000 visitors come to Cary Library annually. A Cary Library Foundation project, named Transformative Spaces, spearheaded an internal renovation and reorganization initiative. The renovated space re-opened in October. The majority of the project was funded by a capital campaign that enjoyed the support of 1,300 individuals and families and allowed the project to go forward without Capital funding from the Town. The 400+ members of the Chinese American Association of Lexington gave a combined total of $73,000 and the Friends of the Cary Library pledged $50,000 in addition to their ongoing, yearly support. Smaller portions of the project were funded by the Library's unrestricted endowment funds and by the Public Facilities budget for ongoing maintenance of Town buildings. Ms. Stembridge said that the well-considered work done during the larger renovation some years ago allowed for the possibility of future space reconfigurations as the library responds to changing needs over time. The so-called crown jewel of the project, Ms. Stembridge said, is the new dedicated Teen Space. The space overflows on a daily basis and has magically shifted how the library is used so that the adult space is now quieter in the after school hours. The reconfigured adult level now includes Fiction and World Language collections. An idea wall for public art installations is another new feature. Four new study rooms are filling up quickly. The Circulation Desk is more approachable 70-120 FY2018 Budget Presentation 41 - November 29, 2016 and augmented by self-checkout stations. The atrium of the library creates a living room effect; all furnishings are mobile and can be reconfigured as needed to accommodate programming. Ms. Smith spoke about the FYI maintenance of service budget. Two items were highlighted: A Contractual Services increase of$1,969representing a 24.52% increase over FY17 to cover annual fees for website hosting, copy/scan station maintenance,people counter, and the RFID system. On the Small Equipment line, there was a noted decrease of$3003 that is partially offset by an increase in Equipment Service and Repair. There is a 5% increase to the materials cost in order to achieve a prescribed level of materials spending to maintain State certification and associated funding. The bulk of this increase will be applied to the Children's materials budget. The one PIR is a request for $5,739 for Teen Space staff wages to cover hours of operation on the 41 Sundays the Library is open. Ms. Stembridge and Ms. Smith expressed thanks to the Library staff for its patience and grace during the renovations. Ms. Ciccolo said the Library's Strategic Directions narrative included in the budget material was quite visionary. She asked, when the directors have caught their breath from the renovation, that they give thought to a list of concrete goals for the Board to consider. Mr. Pato, a member of the Trustee Executive Committee, said he found it easy to make decisions about the renovations because matters were brought before the Committee directly and clearly by the Library leadership. Ms. Barry asked for information about a new initiative called the "Library of Things."Ms. Smith said this program is an opportunity for patrons to take home objects such as games, instruments, tools, technology, beginning coding kits, telescopes, etc. Input about additions to the collection is welcome. Policies and guidelines for selection are now being developed. There will be information about the Library of Things on the website, in a catalog binder, through targeted demo programs and displayed through a windowed storage closet. On motion duly made and seconded, the Board of Selectmen voted 5-0 to adjourn at approximately 3:30 p.m. A true record; Attest: Kim Siebert Recording Secretary ES7-289 EXECUTIVE SESSION November 7, 2016 PRESENT: Ms. Barry, Chairman; Mr. Kelley; Mr. Cohen; Mr. Pato; Ms. Ciccolo; Mr. Valente, Town Manager; Kim Siebert, Recording Secretary. Executive Session Upon motion duly made, it was voted 5-0 by roll call at approximately 8:30 p.m. to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, Belmont Country Club Parcel; and further under exemption 6 to consider the purchase, exchange, lease or value of real property, 20 Pelham Road; and to reconvene in open session only to adjourn. Further, it was declared that an open meeting may have detrimental effects on the negotiating position of the Town. Sale of Property, Belmont Country Club Parcel Mr. Valente updated the Board on recent conversation with Belmont Country Club (BCC) about the two parcels of land and their potential development options. There was discussion regarding the need to develop both parcels. Mr. Valente stated BCC felt if they were to pursue commercial development they would need to develop both parcels. The Board indicated a lack of support for a commercial development on the parcel that abuts Golden Avenue. Ms. Barry asked if Recreation had weighed in on the usefulness of the 5.3 acre piece abutting Golden Avenue for athletic field space. Mr. Valente said he had not yet heard a definitive response about using the land for a cricket pitch. Mr. Kelley said, in the final analysis, the project had to be something that was in the best interests of the Town. Ms. Ciccolo said there might be an opportunity for the Town to buy the smaller piece of land with CPA funds to satisfy the need for athletic fields. Mr. Kelley agreed, saying that two fields plus parking would fit into the acreage and the use would be least bothersome after dark to the neighborhood. Ms. Ciccolo said it would also be possible to share parking with commercial properties in the area so as not to add excessive amounts of impervious surface. Ms. Ciccolo recused herself at this point and left the meeting. 20 Pelham Road At the upcoming Summit II meeting, the Schools will present several options for the Lexington Children's Place (LCP). The top two options are 1)Pelham Road and 2) Old Harrington School. Mr. Valente asked for two areas of direction from the Board. First, is the Board willing to take the property by eminent domain and, second, will it grant Mr. Valente the authority to continue to negotiate on the Town's behalf up to $8M, the amount of the appropriation? The appraised value of the property is $7.4M. The rationale for allowing negotiations above $7.4M is that, if the Town goes to court, the case will be tried by jury, there will be legal fees estimated to be around $100,000 plus 12% interest on any amount awarded by the court, and the process will take at least a year. Mr. Valente said the Armenian Sisters have not shared their own appraisal with the Town and the Town has not heard anything further from the Armenian Sisters since the last offer was ES7-290 Executive Session—November 7, 2016 made. Mr. Valente said that if the vote goes forward to take the property by eminent domain, the Town will own it after 60 days. Mr. Kelley said the price of the property should be based on the by-right value of the property ($5M-$5.4M)rather than the BHD value of$7.4. Procedurally, the strategy would be to take a vote re: eminent domain in Open Session on either November 21 or December 5. At that time, the price will have to be named. Town Counsel has recommended the amount to be that of the appraisal, $7.4M. Avoidance of a court case might compel the Convent to accept the lower amount. Mr. Barry asked how much time Mr. Valente needed to negotiate before the Board announces the eminent domain decision. Mr. Valente said the School's needs were utmost in his mind when it comes to timing but he agreed that allowing time to negotiate before making the announcement was the best course of action. Therefore, if the negotiations do not yield an agreement, the Board would make the eminent domain announcement at its meeting on December 5, 2016. Mr. Valente added that he has spoken to the Superintendent about site access that would either require an additional road or a renegotiated easement agreement with the Scottish Rites group based on higher traffic volume On a consensus assessment rather than a formal motion, Ms. Barry, Mr. Cohen, and Mr. Pato agreed to grant Mr. Valente the authority to negotiate up to $8M. Mr. Kelley voted "No"because he believes doing so would put the Town at considerable disadvantage on a lot of fronts. On motion duly made and by roll call vote, the Board of Selectmen voted 4-0 to exit executive session at approximately 9:30 p.m. A true record; Attest: Kim Siebert Recording Secretary ES7-291 EXECUTIVE SESSION Summit Meeting II Board of Selectmen, School Committee, Appropriation Committee and Capital Expenditures Committee November 9, 2016 An EXECUTIVE SESSION Summit was held on Thursday, November 9, 2016, at 8:50 p.m. in the Public Services Building Cafeteria, 201 Bedford Street. Board of Selectmen (BOS) Ms. Barry (chair); Mr. Kelley; Mr. Cohen; Mr. Pato were present along with Mr. Valente, Town Manager; Mr. Addelson, Assistant Town Manager for Finance; Mr. Goddard, Director of Public Facilities; Ms. Hewitt, Budget Officer; and Ms. Siebert, Recording Secretary. Also Present: School Committee (SC) members: Mr. Hurley, chair; Mr. Alessandrini,vice chair; Ms. Crocker; Ms. Steigerwald; Ms. Jay; Dr. Czajkowski, Superintendent of Schools; Mr. Dailey, Assistant Superintendent for Finance and Operations. Appropriations Committee (AC) members: Mr. Parker, chair; Mr. Bartenstein, vice chair; Ms. Colburn; Mr. Levine; Mr. Michelson; Mr. Neumeier; Mr. Radulescu-Banu; Capital Expenditures Committee (CEC) members: Ms. Hai,Chair; Mr. Kanter, vice chair; Mr. Cole; Ms. Manz; Mr. Lamb. Procedure for Meeting Minutes The BOS Recording Secretary will take the minutes for the Selectmen who will share draft copies with the chairs of the SC, CEC and AC for review,prior to approval by the BOS. Executive Session Upon motion duly made and seconded, the Board of Selectmen voted 4-0 by roll call at 8:50 p.m. to enter executive session under Exemption 6 to consider the purchase, exchange, lease or value of real property, 20 Pelham Road, and to reconvene in open session only to adjourn. Further, it was declared that an open meeting may have detrimental effects on the negotiating position of the Town. The SC, CEC and AC approved the same motion that was approved by roll-call vote unanimously by each committee. 20 Pelham Road Update Ms. Barry asked Town Manager Valente to provide an update about negotiations with the Armenian Sisters for the purchase of 20 Pelham Road. Mr. Valente said that little progress had been made prior to the most recent BOS meeting on Monday, November 7, when—in Executive Session the Board decided to move ahead in two ways: the first is that the Selectmen are prepared to take the property by eminent domain; the second is that the Board has given Mr. Valente the authority to continue negotiations up to a purchase price limit of$8M. This is the same amount allocated by Town Meeting for the purchase of the Pelham property which, it was noted, exceeds the appraised value of the property. Mr. Kanter (CEC) asked if the $8M appropriation was solely for the purchase or inclusive of ancillary costs. Mr. Valente said it was inclusive of all costs and he would negotiate with this in mind. Some of the $8M allocation included engineering costs to analyze the building; there are funds available from an earlier Pelham appropriation that could be brought to bear for engineering for this project, if necessary. Mr. Lamb (CEC)verified that taking a property by eminent domain does not mean it can be acquired for less than market value. He asked what the fair market value might be. Mr. Valente preferred not to disclose that number at this point in time. He emphasized, however, that an ES7-292 Executive Session—November 9, 2016 appraisal has been done by the Town and if there is a need to move ahead with eminent domain, the amount named will be the fair market equivalent. Mr. Valente explained that if the matter goes to court because the Armenian Sisters believe they have not been offered fair market value, there would be legal costs ($150,000-$200,000), and an additional 12% in interest on the amount above the eminent domain purchase price would be added, if the Armenian Sisters prevail. Given that, the Town is willing to go somewhat above fair market value to avoid legal costs and interest penalties. Ms. Manz (CEC) asked whether the market value is above $8M if both sides of the street were developed. Mr. Valente said that the value did not go above $8M for the portion of the land the Town is interested in. Ms. Hai (CEC) asked whether the Town was at risk by taking Pelham for a lower price than what a developed whole parcel would yield. Mr. Valente explained that the Balanced Housing Development(BHD) model would result in 16 units but this would require a Special Permit from the Planning Board. Eight units is the by-right yield. Mr. Valente said, in any case, the property value was determined using the higher yield, as if a BHD Special Permit had been granted. Ms. Hai asked if the BOS is determined to move ahead with Pelham whether or not the SC decides to use it for LCP. Ms. Barry said the Board is, at the moment, committed. Ms. Crocker(SC) asked, if the BOS makes the announcement soon about Pelham, how soon the matter would be final. Mr. Valente replied that the timeline is 60 days. Ultimately, the property would be under the control of the Town, not the School Committee. Ms. Crocker(SC) said in School Committee discussions about Pelham, it was noted that a pre- school would not need to use some parts of the building—like the gym and the cafeteria—and these could be used by the wider community. The central location is also advantageous for public use. Mr. Valente raised the issue of whether an additional roadway would be needed, saying there are two main ways of looking at this question: if the building is used as an elementary school, there would have to be a dedicated driveway constructed from the site to Marrett Roada challenging connection with a price tag of about$3M; if the building is used for a purpose, like LCP, that is less traffic-intensive, a connection from the Pelham site to the Community Center parking lot would cost about$600,000. This amount includes some additional amenities, like sidewalk improvements. Mr. Hurley (SC) said he has misgivings about having a single access point to the site up/down Pelham Road due to poor sightlines when exiting left onto Mass Ave. Mr. Valente said if the Pelham Rd site is in play for LCP, he will have a discussion with the Scottish Rite about increased traffic via their access point. Ms. Crocker (SC) said school buses currently use Pelham Rd but do not exit onto Mass Ave. The vehicles LCP would use are more like vans instead of buses. Mr. Parker(AC) asked if improvements could be made to the sightlines exiting Pelham on to Mass Ave. Mr. Valente replied that engineers have looked at it but there appears to be no good solution. ES7-293 Executive Session—November 9, 2016 Dr. Czajkowski asked if there were any other uses of the building foreseen for the wider community. Mr. Valente replied that the Community Center Study Group found two shortcomings with the Center: it does not have a gym or a large function space. The gym and cafeteria at the Pelham site could suit both purposes. Ms. Barry said the Schools will have to decide whether they want LCP at Pelham and then let the BOS know. Ms. Barry said the Board is regularly lobbied by the Housing Partnership who wants the Town to build truly affordable housing on the site. Dr. Czajkowski asked if the Boards in attendance are willing to stand with the SC in support of using Pelham for LCP. Ms. Manz said a discussion about whether to use Pelham for LCP or affordable housing would be valuable, in light of the idea that LCP could also be housed at Harrington, as the SC's second choice option demonstrated. Ms. Colburn (AC) said she worries about not making the most of the 8 acre Pelham site, considering the climbing enrollment numbers and the physical limitations of the current elementary school buildings. Putting affordable housing on the site would eliminate Pelham as a possible elementary school site in the future. Mr. Hurley (SC) said that enrollment increases have been across the board and are not limited to the elementary level. There is still the possibility of adding a second story to Harrington and there is also the potential of moving the Central Office to the Liberty Mutual property on Bedford Street, once the Fire Dept. has no further use for it. Mr. Alessandrini (SC) said the Laconia St. site was viewed as a possible elementary school location, although it was deemed inappropriate for a pre-school location. Dr. Czajkowski clarified the timeline for Pelham and then affirmed the Schools' strong interest in using the site for LCP. Ms. Barry recommended that the SC take a formal vote about its preference. She repeated her caution that information discussed in the Executive Session not be made public. Mr. Valente said, when the eminent domain announcement is made, the purpose for taking the property must be stated. Ms. Hai (CEC) asked why a free-standing building at Harrington would not be as advantageous as Pelham. Dr. Czajkowski said there is a lot of site work that would have to be done there and the cost difference between $18.3 (Pelham) and Harrington ($25M) is a consideration. Mr. Hurley said the Harrington site is already too crowded and there are other possibilities for the site in the future. Pelham is much more user-friendly and centrally located. Harrington was chosen as the second best option only because the other options were worse. Ms. Hai said there were reasons given last year why LCP should not be separated from a school environment. Dr. Czajkowski agreed that having LCP in proximity to other schools is ideal but said the negatives for all the other options outweigh former objections. Proximity to Bridge and Bowman schools also makes Pelham a good choice. Mr. Alessandrini said that the LCP Director is excited about the Pelham space and sees advantages to the multi-generational mix in the area. Ms. Hai and Ms. Manz made counter arguments for housing LCP on the Harrington site and asked that the SC consider the long term benefits of that option. Ms. Steigerwald said there are ES7-294 Executive Session—November 9, 2016 costs associated with following that course of action and that the SC had considered the trade- offs in their deliberations about the five options. On motion duly made and by a roll call vote, the Board of Selectmen, SC, CEC and AC voted to exit the Executive Session at 9:35 p.m. A true record; Attest: Kim Siebert, Recording Secretary ES7-295 EXECUTIVE SESSION 1 November 21, 2016 PRESENT: Ms. Barry, Chairman; Mr. Kelley; Mr. Cohen; Mr. Pato; Ms. Ciccolo; Mr. Valente, Town Manager; Ms. Kowalski, Assistant Town Manager for Development; Liz Rust, RHSO Kim Siebert, Recording Secretary. Executive Session Upon motion duly made, it was voted 5-0 by roll call at 6:32 p.m. to enter Executive Session under exemption 6 to the purchase, exchange, lease or value of real property, Pine Grove/Judges Road complex, and to reconvene in Open Session. Further, it was declared that an open meeting may have detrimental effects on the negotiating position of the Town. Mr. Valente introduced Liz Rust from the Regional Housing Services Office (RHSO) and gave a brief summary of positions held by the Town and Pine Grove with respect to Pine Grove Coop Board's attempt to convert 11 of its 16 units from moderate-rate coop units to market rate condominiums, which would remove them from Lexington's SHL When the development was permitted in early 1970s,the comprehensive permit was based on affordability for all 16 units in perpetuity. Ms. Rust said the Coop development was originally subsidized by Mass Housing with a finite financing term through a program called 13A, an interest subsidy program that will mature in 2019 and not be refunded. Because the subsidy program will end, the Coop Board is considering what its options are. The Coop brought in strong expertise that recommended conversion to market rate by working on a re-capitalization plan with Mass Housing that would, simultaneously, lift the affordability restriction for the 11 moderate-income units. People who buy into the 11 units need to demonstrate 80% AMI eligibility and as long as they demonstrate that, according to Ms. Rust, the sales price can be anything. The 5 low-income units are leased through the Coop Board to Section 8 voucher holders. The development is under-capitalized and has not been able to invest in maintenance/upkeep. Ms. Rust agreed that the language of the original permit does specify continued affordability status of all units. However, the text—written in the 70s is lean and without elaboration. From the opposing perspective, Mass Housing and the Coop Board believe the permit does not require all the units to remain affordable, although all parties agree that 25% of the units the 5 Section 8 units, in other words—should remain affordable at the low-income level. It should be noted that there is an ownership relationship between these Section 8 units and the Coop structure, which adds a level of complexity to the matter. Ms. Rust is unsure if the people who own those units understand how their circumstances differ from the owners of the other 11. The question at hand is whether the Town would propose a monetary payment to preserve those units as affordable. This is open for discussion but the suggested offer is $536,250, based on what the units are worth now with 10% appreciation, the affordability restriction currently in place, and the difference to what a truly affordable unit would be sold for. The attorney for the Coop Board said they would accept$1.5M. Ms. Rust added that Town Counsel feels the case for the Town is solid and defensible. ES7-296 Executive Session 1 —November 21, 2016 Mr. Kelley said if the Town pursued legal action, the Coop would incur costs it can ill afford. Ms. Rust agreed and added that a shareholders' meeting of the Coop members is scheduled to take place on December 14 and they are hoping for a proposal from the Town by that date. In order to move forward with conversion, the Coop needs a unanimous vote of its membership but it does not believe it needs to seek permission from the Town to proceed with conversion. Besides accepting any offer made by the Town, the Coop could merely wait until 2019 for the subsidy agreement to expire but Ms. Rust said the need for a cash infusion will probably compel them to act sooner. This extends to needing money even to cover pre-conversion expenses, for which the Coop has appealed to the Town through Ms. Rust. Mr. Valente added that the existing deed riders are not black and white and the Town wants to end up with an unchallengeable deed rider that would ensure the 11 units remained on the SHI in perpetuity. The proposed $536,250 would compensate the 11 owners for selling their units for less than market rate and deed restrict the units in perpetuity. The shareholders of the 5 units would receive money at the time of the conversion. Mr. Pato asked if there is a role for the Town's Condominium Conversion Board to play in this instance. The Conversion Board has been inactive for a long time and Mr. Valente added that Pine Grove is, at this point a legal matter which was never the purview of the Conversion Board. Ms. Rust said there might be a role for the Conversion Board once a deal is struck. Mr. Valente asked if the Board of Selectmen is open to the Town making a proposal to the Coop Board to settle the matter and indicated that Community Preservation funds might be the source of capital to fund the expense under the Affordable Housing category. As the Coop Board is looking for a response from the Town before its December 14 shareholder meeting, the Board of Selectmen decided to continue the Pine Grove discussion in Executive Session at the end of the December 1 budget meeting at approximately 2:45 p.m. Ms. Rust asked the Board to submit any follow-up questions prior to that time through Mr. Valente. On motion duly made and by roll call vote, the Board of Selectmen voted 5-0 to exit executive session at approximately 7:00 p.m. On motion duly made and seconded, the Board of Selectmen voted 5-0 to go into a short recess to allow the audience for the Open Session to enter the room. A true record; Attest: Kim Siebert Recording Secretary ES7-297 EXECUTIVE SESSION 2 November 21, 2016 PRESENT: Ms. Barry, Chairman; Mr. Kelley; Mr. Cohen; Mr. Pato; Ms. Ciccolo; Mr. Valente, Town Manager; Ms. Kowalski, Assistant Town Manager for Development; Kim Siebert, Recording Secretary. Executive Session Upon motion duly made, it was voted 5-0 by roll call at 10:00 p.m. to enter Executive Session under Exemption 6 to consider the purchase, exchange, lease or value of real property, Montessori Land purchased from Belmont Country Club; and to discuss strategy with respect to potential litigation related to the property at 430 Concord Avenue; and to consider the purchase, exchange, lease or value of real property, 20 Pelham Road; and to reconvene in Open Session only to adjourn. Further, it was declared that an open meeting may have detrimental effects on the litigating and negotiating positions of the Town. Ms. Ciccolo indicated she will recuse herself in the matter of 20 Pelham Road due to conflict of interest. Montessori Land purchased from Belmont CC Mr. Valente and Ms. Kowalski reported that they have been working with the Montessori School as directed by the Board to see if there is the possibility of obtaining an easement through the land to add to the walking trail system. Karen Mullins, Conservation Administrator, also talked to the Conservation Commission (ConCom)to gauge the level of interest in acquiring an easement. The land is not a high priority for the ConCom because there are other properties of greater interest. In terms of a trail easement, the trail would go through wetlands and would likely require restoration of the resource area. If there was a boardwalk installed, it would have to go in above the 100 year flood zone, meaning that a trail would be neither easy nor inexpensive to construct. In order to accomplish this, there would have to be a fair amount of permitting, including a topographical survey, notices of intent and more. Ms. Mullins also pointed out that there is an MWRA trunkline beneath the land that the water authority would have to sign off on. Mr. Valente asked the Board if the land is a high priority and, if so, how to proceed. Mr. Cohen asked if Across Lexington had an interest in the land. Ms. Ciccolo said Across Lexington was the group that originally brought the property to the Board's attention. Mr. Valente said one of Across Lexington's members had forged ahead unilaterally and made an unauthorized trail through the land. To do an official trail would be fairly onerous. Mr. Kelley asked if ConCom had talked with Greenway Corridor/Across Lexington. Mr. Valente said the connection from the Concord Avenue side is in a wet area. The Board reached consensus that the Montessori land is not a priority. ES7-298 Executive Session 2—November 21, 2016 430 Concord Avenue Mr. Valente noted that Mr. Sellars had stopped allowing landscapers access but once again has multiple firms on the land. The neighbors keep calling the Town, asking why no action has been taken. Mr. Valente recommended directing Town Counsel to start the litigation filing process. The legal action would take the form of taking Mr. Sellars to Superior Court for violating a 7-year old court order to prohibit landscaping companies from using the property. The Board reached consensus to move ahead as Mr. Valente suggests. Ms. Ciccolo left the meeting at this point. 20 Pelham Road Mr. Valente, Ms. Kowalski and Town Counsel met with the attorneys for the Armenia Sisters this afternoon. The Sisters are asking for $8.25M. Mr. Valente talked with the Armenian Sisters one more time, as the Board directed, but to no avail. Ms. Barry, Mr. Pato and Mr. Cohen concurred that the course of action is now to move ahead with the eminent domain approach at the $7.4M appraisal figure. Mr. Valente thinks the Armenian Sisters are more likely to sharpen its pencil if the Board votes for eminent domain, at which a figure will have to be named. The transfer then takes place within 60 days. The matter can be taken up again on December 1 in Executive Session after the budget meeting. Mr. Valente put a placeholder on that date for subsequent discussion prior to an eminent domain announcement envisioned for the December 5 Selectmen's meeting. On motion duly made, the Board voted 4-0 by roll call to exit Executive Session at 10:45 p.m. and to reconvene in Open Session only to adjourn. A true record; Attest: Kim Siebert Recording Secretary AGENDA ITEM SUMMARY LEXINGTON BOARD OF SELECTMEN MEETING AGENDA ITEM TITLE: Exemption 2-Nonunion Personnel-Town Manager's Contract PRESENTER: ITEM NUMBER: Suzanne Barry, Chair SUMMARY: Suggested Motion by Chair for Executive Session:I move that the Board go into Executive Session under Exemption 2 to discuss strategy with respect to Nonunion Personnel- Town Manager's Contract; and to reconvene in Open Session only to adjourn. Further, as Chairman I declare that an open meeting discussion may have a detrimental effect on the bargaining position of the Town. SUGGESTED MOTION: FOLLOW-UP: DATE AND APPROXIMATE TIME ON AGENDA: 6/5/2017 9:45 p.m.