AMENDED AGENDA Tuesday, November 5, 2019 5:45 PM Wenham Town Hall – 138 Main Street Notice of Public Meeting As Required by M.G.L

Town of Wenham BOARD OF SELECTMEN AMENDED AGENDA Tuesday, November 5, 2019 5:45 PM Wenham Town Hall – 138 Main Street Notice of public meeting as required by M.G.L. Chpt.30A §18-28

Please be advised that this open meeting is being broadcast live and recorded by HWCAM for playback on Comcast channel 8 and Verizon channel 36. It will also be available for on-line, video on-demand viewing at hwcam.org. The listings of matters are those reasonably anticipated by the Chair 48 hours before said meeting, which may be discussed at the meeting. Not all items listed may in fact be discussed. Items may be taken out of order and at times that differ from those listed below. Other items not listed may also be brought up for discussion to the extent permitted by law. All audience members wishing to address the Board of Selectmen must go to the podium microphone and give their name and address.

5:45 P.M. WELCOME: Call to order Executive Session #2 under M.G.L. Ch. 30A, § 21 – To conduct strategy sessions in preparation for negotiations with nonunion personnel or to conduct collective bargaining sessions or contract negotiations with nonunion personnel.  Fire Chief 6:30 P.M. PUBLIC INPUT: ITEMS NOT ON THE AGENDA 6:35P.M. ANNOUNCEMENTS: For more information, visit wenhamma.gov. JW 1. Seeking Letters of Interest for Wenham Representative for Essex North Shore Agricultural & Technical School Committee 2. 2019 Purple Heart Trail 10K and Fun Run at the Patton Homestead, Sunday, November 10 3. Veterans Day Remembrance Ceremony at Veterans Memorial, Monday, November 11, 11:00am 4. Loose Leaf Collection Begins Tuesday, November 12 5. Lunch & Learn at the COA – Town Government, Thursday, November 14, 11:30am 6. Public Hearing Notice – Scenic Tree Removals, Thursday, November 14, 7:30pm 7. Winter Parking Ban Effective November 15 – March 31 8. Veterans Committee Requests Wreaths Across America Sponsors for December 14 Event

6:45 P.M. REPORTS TOWN ADMINISTRATOR – CHAIRMAN SELECTMEN 6:50 P.M. CONSENT AGENDA CH A. One Day Liquor License Requests: Kathleen Feldman, Wenham Museum, 132 Main Street Sleigh Bell Artisan Fair Holiday Party – Friday, November 15, 2019, 5:00pm – 8:00pm Sleigh Bell Artisan Fair – Saturday, November 16, 2019, 10:00am – 4:00pm B. Buker Elementary Fifth Grade Parents Polar Plunge Fundraiser – Saturday, December 7, 2019, 12:00pm C. Minutes – Open Session: October 21, 2019

7:00 P.M. NEW BUSINESS D. Appointment Requests – JC Conservation Commission: Kenneth F. Whittaker Interim Treasurer/Collector: Donald J. Carter Interim Finance Director: Christopher T. Holak E. Wenham Connects Presentation – Marianne Cannon, Chair CH F. Review and Potential Approval of Police Benevolent Association FY20-22 Agreement JW G. Accept and Execute Municipal Energy Technical Assistance Grant Award Contract with DOER JC H. Discussion Regarding Potential Town Hall Staff Reorganization JW I. Presentation on Comprehensive Fee Revenue and Discussion on Potential Fee Increases CH J. Other matters, as may not have been reasonably anticipated by the Chair (Discussion Only) JW

8:00 P.M. ANTICIPATED ADJOURNMENT Board of Selectmen Meeting Announcements – November 5, 2019 Jack Wilhelm

1. Essex North Shore School Committee Representative The Town of Wenham is seeking a representative to the Essex North Shore Agricultural & Technical School Committee. The committee meets the 2nd Thursday of each month. Please submit a letter of interest directed to Trudy Reid, Town Moderator at [email protected]. Call the Town Administrator’s Office at 978-468-5520 x2 with any questions, or visit the Town website for more information, including committee bylaws and a direct link to their website for past meeting agendas and minutes.

2. Purple Heart Trail 10K and Fun Run The Purple Heart Trail 10K and Fun Run will be held on Veterans Day weekend - Sunday, November 10th. The 10K route runs the entire Purple Heart Trail from the Patton Homestead to Patton Park and back. The 1K FUN Run route circles the Patton Homestead along the wood road by the Ipswich River. The event is sponsored by the Patton Homestead and co-sponsored by the A.P. Gardner American Legion Post 194. Money raised will help further the mission of the Patton Homestead, Inc. For more information, visit pattonhomestead.org.

3. Veterans Day Join us Monday, November 11th for a brief remembrance at Cheeseman Memorial in Pingree Park at 10:15am, followed by an 11:00am ceremony at Veterans Memorial on Main Street to honor our veterans and celebrate the 101st anniversary of the signing of the peace treaty to end World War 1. Light refreshments will be served at the Fire Department immediately after the ceremony.

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Board of Selectmen Meeting Announcements – November 5, 2019 Jack Wilhelm

4. Loose Leaf Pick-up The Wenham Department of Public Works will begin their annual leaf collection on Tuesday, November 12th, with one to two passes of loose leaf collection followed by a bagged leaf collection in December if needed. Please use caution when moving loose leaves to the curb for pick-up and refrain from blowing leaves into the road which can be hazardous to motorists.

The DPW will start collecting on the west side of Wenham and move east. Check the homepage of the Town website for the scheduled route and status updates. Please contact the Wenham DPW with any questions at 978-468-5520 x.6.

5. Lunch and Learn at the COA Everyone is invited to the Wenham Council on Aging on Thursday, November 14th at 11:30am to join Town Administrator Anthony Ansaldi and Special Projects Manager Jackie Bresnahan for a lunch and learn on Wenham’s form of government and an overview of the different departments and functions that keep Wenham moving forward. Contact the Council on Aging at 978-468-5529 with any questions.

6. Public Hearing – Scenic Tree Removal The Planning Board Tree Warden, will hold a joint Public Hearing in accordance with MGL Chapter 40, Section 15C, on Thursday, November 14th at 7:30 PM here in the Selectmen’s Room for the purpose of hearing testimony and receiving public input relative to the proposed removal of street trees located along the following scenic ways: Dodges Row, Larch Row and Cherry Street.

Trees will be labeled for easier identification. A complete list of the trees to be removed can be obtained on the Town website or in the Town Clerk’s Office. Any person objecting to the removal of a tree must make their objection in writing at or before the Public Hearing.

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Board of Selectmen Meeting Announcements – November 5, 2019 Jack Wilhelm

7. Winter Parking Ban Chief Thomas Perkins announces that the Wenham Police Department will begin enforcing a winter parking ban, which will restrict overnight parking effective November 15, 2018 through March 31, 2019. According to town bylaws, the parking ban states that no vehicles should be parked on the street between midnight and 6 a.m.

Wenham Police will begin by issuing warnings in order to encourage compliance with the parking ban, but warn residents that vehicles may be towed at the owner’s expense, at the request of the DPW, if they are obstructing snow removal efforts. For more information, contact the Wenham Police Department at 978-468-4000.

8. Wreaths Across America On Saturday, December 14th at 12:00pm, the Town of Wenham will lay wreaths on our Veterans' graves simultaneously with participants at Arlington National Cemetery and communities across the nation. Please help by sponsoring a wreath for $15 each, volunteering, or inviting friends to help. To learn more about Wreaths Across America including a link to online donations for wreaths in Wenham, visit the home page of the Town website.will be served at the Fire Department immediately after the ceremony.

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The Purple Heart Trail Veteran’s Day 10K Weekend! & Fun Run Where: Patton Homestead 650 Asbury St., South Hamilton, MA When: Sunday, November 10, 2019 8:30am Fun Run (1K) 9:00am 10K 1st 100 registrants get a

long sleeve technical

shirt!

In honor of all our military past and present, join the Patton Homestead, Inc. for a road race along the Purple Heart Trail in beautiful South Hamilton, Mass. Register @ https://runsignup.com/Race/MA/ Hamilton/ThePurpleHeartTrail10kFunRun or with the QR code to the right.

All proceeds beneﬁt the Patton Homestead, Inc. a 501(c)(3) nonproﬁt. www.pattonhomestead.org VETERANS DAY Monday, November 11th Honoring our Veterans and Celebrating the 101st Anniversary of the Peace Treaty to end World War 1, Signed on November 11, 1918 at 11:00am 10:15am Remembrance at Alan B. Cheeseman Memorial Pingree Park 11:00am Ceremony at Veterans Memorial Corner of Main St. & Arbor St. Immediately following ceremony Light refreshements at the Wenham Fire Dept.

DEPARTMENT OF PUBLIC WORKS PRESS RELEASE

The Wenham Department of Public Works annual l eaf col l ecti on will begin November 12, 2019 with one to two passes of loose leaf collection f ol l owed by a bagged l eaf collection in December, i f needed.

The DPW makes every effort to pass through each street twice, but due to the uncertainty of the weather thi s ti me of year, it is not always possible. Weekly status updates will be posted to the town website www.wenhamma.gov.

Please use caution when moving loose leaves to the cur b for pick-up and refrain from blowing leaves in to the road which can be hazardous to motorists.

L oose l eaf collection will occur in the following order:

 West side of town, M apl e Street at the Danvers Town Line and continue down Maple picking up the side streets, i.e. Birch, Burley, Puritan, Mayflower etc.

 At Topsfield Road, the DPW will head easterly, picking up all side streets and then westerly to the Hilltop Road/Burnham Road area.

 The DPW wi l l conti nue to Cedar Street, then Cherry Street and al l si de streets of f Cherry to Route 1A.

 The department will then jump to the easterly side of town at Grapevine and the Beverly line. From there, the DPW will head westerly down Grapevine Road, picking up all side streets.

 The DPW will continue on to Dodges Row, Walnut Street and Larch Row to Route 1A, then Fai rvi ew, Patti , Fi ske, L ake, and Great Pond roads.

 Lastly, the DPW will pick-up Main Street, Arbor Street, Perkins, Porter and all side streets.

I f needed, a bagged l eaf pi ck-up will be conducted i n December. I n the event that we recei ve a si gni f i cant snowf al l , a bagged l eaf pi ck-up will be conducted in the spring. A l l l eaves must be placed curbside in PAPER BAGS or open trash barrels by 7:00am. No plastic bags are allowed.

Please contact the Wenham DPW with any questions at 978-468-5520 Ext #6. Town of Wenham Town Hall 138 Main Street Wenham, Massachusetts 01984 ______

Tree Warden

TEL 978-468-5520 x 6 FAX 978-468-8014

LEGAL NOTICE

PUBLIC HEARING ON TREE REMOVAL ON SCENIC ROADS

The Planning Board of the Town of Wenham, Massachusetts and the Town of Wenham Tree Warden will hold a joint Public Hearing in accordance with MGL Chapter 40, Section 15C on Thursday, November 14, 2019 at 7:30 PM at the Wenham Town Hall, 138 Main Street, Wenham, MA. Said Public Hearing is being held for the purpose of hearing testimony and receiving public input relative to the proposed removal of street trees located along the following scenic ways: Dodges Row, Larch Row and Cherry Street. Trees will be labeled for easier identification. A complete list of the trees to be removed can be obtained online at www.wenhamma.gov or at the Town Clerk’s Office at Wenham Town Hall, 138 Main Street, Wenham during regular Town Hall business hours. Questions may be directed to the DPW Office at 978-468-5520 ext. 6. Any person objecting to the removal of a tree must make their objection in writing at or before the Public Hearing.

Winslow Mulry Wenham Tree Warden

For Publication: Chronicle and Transcript Thursday October 31, 2019 Thursday November 7, 2019

SCENIC ROADS LIST OF TREES REMOVALS/PRUNING

PUBLIC HEARING NOVEMBER 14, 2019

AT 7:30 P.M

WENHAM TOWN HALL

138 MAIN STREET, WENHAM, MA

CHERRY ST.

House# 161 Cherry Street – Sugar Maple

Pole #181 – (3) Ash

Pole #186-187-Oak

Pole #188-189- (2) Ash

LARCH ROW

Pole #569 – (1) Ash

Pole #572 – (1) Ash across from Pole

Pole #573 – (1) Ash across from Pole

Pole #606- (1) Ash across from Pole

Dodges Row

House# 72- Dodges Row ABOUT CONTACT US FORMS AND RESOURCES BLOG

Winter Parking Ban Information

The Town of Wenham has a Winter Parking Ban that is in effect from Nov. 15 through March 31.

No vehicles may be parked on town streets for more than an hour from midnight to 6 a.m. between those dates.

This applies all winter, whether snow is predicted or not.

Chief Thomas Perkins

1 Friend Court PO Box 536 Wenham, MA 01984

Police Business: 978- 468-4000 Fax: 978-468-5603

Media Inquiries: 617- 993-0003

In Case of Emergency, Dial 911

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019

Reports • Town Administrator

• Chairman

• Selectmen

Town of Wenham

Board of Selectmen and Town Administrator Memorandum

TO: Board of Selectmen FROM: Anthony M. Ansaldi, Jr., Town Administrator DATE: November 5, 2019 RE: Town Administrator Report

Department of Public Works With loose leaf pickup beginning on November 12th, the DPW is busy preparing all of the equipment for this operation. In addition, they continue to pick up storm debris from the wind storm on October 17th, as well as, mow since the grass continues to grow. They expect to finish some paving projects as well as rebuild the sidewalk near the Buker School. Fire Department The Fire Department has four recruits that started the Fire Academy on November 3, 2019 which will run until February 25, 2020. In order to train the recruits in pump operations, the department will be sending an engine to Hamilton on November 9th and 23rd from 9:30 am to 4:00 pm. The department is also working on having the station ready for Veterans Day, November 11th, for the Remembrance Ceremony at the Veterans Memorial. Police Department The Police Department has begun its annual recertification training this month with each officer spending a week at the police academy. This takes several months to complete but is mandatory training. Additionally, new reserve officers have been signed up to participate in MIIA EVOC training (emergency vehicle operators course). Chief Perkins and Captain DiNapoli will be taking a legal update class this month, also sponsored by MIIA. The Department also remains busy in the areas of investigations and court proceedings. Town Clerk The Town Clerk has been the project manager for the Town Bylaw Codification Project and is happy to report that it is back in the hands of General Code. Annually, the Town Clerk has the students of the Buker School select the dog tag shape for the next calendar year, and this year a paw was selected. Current dog owners will receive a registration reminder in November with the Department of Environmental Protection (DEP) flyer about dog waste.

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Council on Aging The November 2019 issue of the Wenhamite is out! On Friday, October 25th, State Representative Brad Hill entertained a group of 12 residents from Wenham who received a 1st class tour of the State House and lunch in the State House dining room. Our director is working diligently on compiling usage data for Formula Grant and next year’s budget. Our DPW team was recently recognized for helping offload the raw materials – pinto beans, dehydrated vegetables, rice and vitamin packs, from an 18 wheeler at Christ Church of Hamilton & Wenham on Asbury Street and sealing the food bags for village in Haiti. The DPW volunteered and came back on Saturday and reloaded 51,800 meals. The shipment is currently held up in port waiting to be released to Haiti once the political unrest settles down and the shipment is cleared. Many thanks to the Town of Wenham for their help with this epic event. Finance Department We are very excited that Sherrie LeBlanc will be joining the finance team as the Assistant Treasurer/Collector, Payroll and Benefits Coordinator. Sherrie comes to us with approximately 10 years’ municipal experience, most recently for the Town of North Andover and a wealth of experience. The second quarter real estate taxes were due on November 1st. We have collected about 90% of Q1 & Q2 taxes through 11/4/19 but still have are approximately 150 unpaid invoices totaling about $450,000. Department Budgets have been submitted and our budget team will begin to review with department heads. The MA Dept. of Revenue (DOR) has also certified free cash at approximately $954K. Assessing Department Several forms relative to the approval of a tax rate for the Town have been submitted and approved by the DOR. One of the forms approved was the LA13, which includes approved “new growth” of over $12,500,000. We remain on schedule for our Classification Hearing with the BOS on 11/19. Several new $1m+ homes are nearing completion at Spring Hill (off Dodges Row). MLS lists 10 sales of Wenham real estate for October, eight single family homes, two condos. The price range of the ten sales was $420,000 to $1,400,000. Setting the tax rate remains their top priority. Hamilton/Wenham Public Library The fall has been a busy season at the Library. The ARIS (Annual Report Information Survey) and Financial Report have both been submitted to the State and we are on track to receive our full state aid grant award. A new phone system was installed at the end of August to replace the near twenty- year old system – both staff and patrons are adjusting very well. Our new logo design was completed and can now be seen on our website, social media channels, name tags, and signage. We held a ½ day staff training day in September where staff learned techniques to assist patrons on the autism spectrum. The Friends of the Library had a very successful fall book sale raising over $7,000 for library programs, museum passes and technology. Their annual membership month mailing will be going out in December and all residents should be receiving a flier in their mailboxes. Finally, we were able remain open during the October power outage, and we saw over 1,600 patrons through the doors in three days (we average about 950 people in a three-day span). We were able to provide a warm space with access to charging for phones and devices, internet access, and a safe space for

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residents and families to be while waiting for their power to come back on. We truly were a two town community resource during this emergency. Board of Health, Permitting, Community Preservation, Special Projects The BOH held a Flu Clinic in October which went very well. An After Action Report on the Emergency Dispensing Site Drill is being finalized and will be provided to the TA, Police, Fire, and Regional Health Coalition. We have also held a smaller clinic at Town Hall for staff. We were happy to welcome Angelo Salamone to the Permitting Office in October 2019. The Building Department is keeping busy with smaller projects, several rebuilds of single family homes, and the developments on 1A and Dodges Row. We’ve finalized the records conversion for the new e-permitting software. We will continue providing training to the inspectors and are getting caught up with data entry for 2019 in the office. We announce a date for the citizen’s portal launch in the coming weeks. The CPC held their annual public hearing last night. They have begun working on an update to the Preservation Plan, which is CPC’s governing document and was last updated in 2005. The CPC’s deadline for Annual Town Meeting 2020 is Monday, January 6, 2020 at 4:30 pm in the Permitting Office. Questions can be directed to Jackie Bresnahan at [email protected]. The Citizens Leadership Academy is on Day 8 this week and will be having presentations from our Veterans Agent Karen Tyler, Town Clerk Dianne Bucco, and Town Moderator Trudy Reid, and Jackie Bresnahan will be conducting the Mock Town Meeting Warrant Hearing in preparation for the final week’s Mock Town Meeting. Recreation The Recreation Department will be holding our first annual Flashlight Candy Cane Hunt on Friday, December 13th. The event starts at 6pm and Pre-Registrations is required by Monday, December 9th. Folks can register on our website www.hwrecreation.com. The damaged fence from the rain/wind storm at the Pingree Park Playground was fixed yesterday, this was partially funded through an insurance claim to MIIA. The Recreation Department Winter Brochure will be released electronically next week; the hard copies will be available the following week. Registration for our winter programs will begin on Monday, December 2nd. Land Use Department We are working on a grant proposal for our MVP Hazard Mitigation Plan Action Items. Weston and Sampson are working with us to apply to the State for funds to 1. Update all of the Bylaws/ General and Zoning and Rules and Regs/ Water Resources Bylaw to bring all regulations into compliance with state regs and best practices for sustainability and ensure compatibility throughout. We anticipate that these will be ready for adoption at the 2021 Town meeting. Planning Board recently approved a preliminary subdivision plan for 51 Cherry Street. The plan shows 2 additional single family house lots being serviced by a 20-foot-wide dirt road. The plan was reviewed preliminarily by the Town’s departments and certain revisions were made that showed the required frontage for each lot on the roadway after construction. This is a preliminary subdivision and does not give approval for the construction. The owners will be required to submit more

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detailed plans in a definitive subdivision filing. I am attaching the Planning Board’s decision on the Preliminary Plan. Planning Board will be holding the annual Scenic Roads Street Tree public hearing on November 14. There are 12 tress identified for removal this year. I am attaching that list. The Planning Board will go out and inspect each tree and report at their hearing on the appropriateness of removal. All of these trees have been recommended for removal by the Tree Warden. ZBA is scheduled to meet again on November 18. The only hearing currently scheduled is the continuance of the 35 Arbor Street hearing on the Agricultural exemption for that property. Town Counsel Robin Stein has been involved as this original case was appealed and remanded back to the ZBA. The owners Allyson and David Standley are claiming an agricultural exemption from zoning under MGL chapter 40A Sec 3. ZBA has not received any application from Harborlight or any direction from the court on the Maplewoods project. Conservation/Open Space Missy has been working with volunteers to identify and map walking trails throughout the Town as part of the new Open Space and Recreation Plan action items.

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Wenham Board of Selectmen

AGENDA ACTION REQUEST November 5, 2019 A-C Catherine

Consent Agenda Requested by: Town Administrator, 11/1/19 Action Sought: Approval

Proposed Motion(s)

MOVE that the Board of Selectmen vote to approve all items in the consent agenda including the: A. One Day Liquor License Requests: Kathleen Feldman, Wenham Museum, 132 Main Street - Sleigh Bell Artisan Fair Holiday Party – Friday, November 15, 2019, 5:00pm – 8:00pm - Sleigh Bell Artisan Fair – Saturday, November 16, 2019, 10:00am – 4:00pm B. Buker Elementary Fifth Grade Parents’ Polar Plunge Fundraiser – Saturday, December 7, 2019, 12:00pm C. Minutes – Open Session: October 21, 2019

Additional Information

See attached One Day Liquor License requests, email regarding Buker Elementary Fundraiser and draft meeting minutes for review

Board Action

Motion Second In favor Opposed Disposition

SLEIGH BELL

SLEIGH BELL ARTISAN FAIR

Sleigh Bell Holiday Party Friday, November 15, 2019 5 – 8 p.m. | $10 Per Person at the Door

Saturday, November 16, 2019 10 a.m. – 4 p.m. Free Admission to Sale

Shop a wonderful assortment of hand-made artisan goods for everyone on your list! New vendors and returning favorites.

To benefit the Wenham Museum – Artisans generously donate 20% of their sales to benefit the museum’s exhibits and programs.

This year’s Sleigh Bell Artisan Fair also includes:

**Local author and illustrator Matt Tavares will be signing his new holiday book, Dasher, on Saturday, Nov. 16th 10:30 AM – 12:30 PM. Included with admission.

**True North Ale Co. Pop-Up Tavern will be located in the museum’s historic house on Saturday, Nov. 16th. Cash bar.

**Silhouette Portraits from a live sitting by Portraits in Silhouette on Saturday, Nov. 16th and Sunday, Nov. 17th. Reservations required at: http://www.wenhammuseum.org/silhouette/

— VENDORS: Are you a vendor interested in participating in the fair? Please note that this is a juried show that is nearly full. Inquiries should be addressed to Barbara Brown, Trustee, at [email protected].

April 24 26 2020 April 24 – 26, 2020

ATTIC TREASURES

“First Dibs” Shop & Sip Friday, April 24, 2020 6 – 8 p.m. $10 Donation at Door

Saturday & Sunday, April 25 & 26, 2020 10 a.m. – 4 p.m. Free Admission to Sale

Support the Attic Treasures Sale! A Wenham Museum Tradition for Over 50 Years. Shop a wonderful assortment of gently used housewares, decor, furnishings, clothing, accessories and more. Proceeds from the Attic Treasures Sale benefit the exhibits and programs of the Wenham Museum.

DONATIONS To donate your gently used treasures to the Attic Treasures sale, please call Cheryl Emmons, Trustee, at (978) 853-0711. Please do not bring donations to the Wenham Museum until after Monday, April 20, 2020.

WENHAM MUSEUM 132 MAIN STREET, WENHAM, MA 01984 | TEL: (978) 468-2377 BECOME A MEMBER | DONATE | CONTACT US © 2017 Wenham Museum. All Rights Reserved. Website: Bunnell Design and Fresh Roasted Designs TOP

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The Wenham Museum and Historical Association 10/18/2019 Town of Wenham 7003 100.00

$100 check covers 2 $50 fees for the Sleigh Bell Holiday Party request and Sleigh Bell Fair request

11111 Cash:Operating:Cash • Salem 5 100.00 --J

1 From: Tom Perkins To: Nicole Roebuck; Kevin Dinapoli; Stephen B. Kavanagh; Jeff Baxter; Jacqueline Bresnahan Subject: RE: One Day Liquor License Requests - Wenham Museum Sleigh Bell Holiday Party 11.15.19 and Fair 11.16.19 Date: Tuesday, October 29, 2019 9:59:25 AM

Hi Nicci,

All looks in order, no issues or concerns. Thanks, Tom

From: Nicole Roebuck Sent: Monday, October 28, 2019 3:49 PM To: Tom Perkins ; Kevin Dinapoli ; Stephen B. Kavanagh ; Jeff Baxter ; Jacqueline Bresnahan Subject: One Day Liquor License Requests - Wenham Museum Sleigh Bell Holiday Party 11.15.19 and Fair 11.16.19

Hi Everyone,

We've received 2 One Day Liquor License requests from The Wenham Museum for their annual Sleigh Bell event at the museum on Friday, November 15th from 5:00pm – 9:00pm for their Holiday Party and on Saturday, November 16th from 12:00pm – 5:00pm for their Holiday Fair. The museum has provided 1 check for $100 (covering their 2 separate $50 licensing fees).

Please review and forward your questions and/or recommendations to the Board of Selectmen ASAP. These requests will be on the Tuesday, November 5th BOS agenda.

Thank you, Nicci

Nicci Roebuck Executive Assistant Town Administrator’s Office

Town of Wenham 138 Main Street, Wenham, MA 01984 978-468-5520 x2

From: Jeff Baxter To: Nicole Roebuck Subject: RE: One Day Liquor License Requests - Wenham Museum Sleigh Bell Holiday Party 11.15.19 and Fair 11.16.19 Date: Monday, October 28, 2019 4:31:17 PM

Nicci They are with Fire

Thank you, Jeffrey Baxter Deputy Chief

Wenham Fire Department 140 Main St. Wenham, MA 01984 Ph: 978-468-5508 Fax: 978-468-5509 Email: [email protected]

This message and its contents are confidential and are intended for the use of the addressee only, and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If you are not the intended recipient, this serves as notice that any unauthorized distribution, duplication, printing, or any other use is strictly prohibited. If you feel you have received this email in error, please delete the message and notify the sender so that we may prevent future occurrences

Hi Everyone,

Please review and forward your questions and/or recommendations to the Board of Selectmen ASAP. These requests will be on the Tuesday, November 5th BOS agenda.

Thank you, Nicci

Nicci Roebuck Executive Assistant Town Administrator’s Office

Town of Wenham 138 Main Street, Wenham, MA 01984 978-468-5520 x2

From: Jacqueline Bresnahan To: Tom Perkins; Nicole Roebuck; Kevin Dinapoli; Stephen B. Kavanagh; Jeff Baxter Subject: RE: One Day Liquor License Requests - Wenham Museum Sleigh Bell Holiday Party 11.15.19 and Fair 11.16.19 Date: Tuesday, October 29, 2019 10:08:08 AM

Building is all set.

Jackie Bresnahan Permitting Coordinator and Special Projects Manager Town of Wenham 138 Main Street – (978)468-5520 x. 4 [email protected]

From: Tom Perkins Sent: Tuesday, October 29, 2019 9:59 AM To: Nicole Roebuck; Kevin Dinapoli; Stephen B. Kavanagh; Jeff Baxter; Jacqueline Bresnahan Subject: RE: One Day Liquor License Requests - Wenham Museum Sleigh Bell Holiday Party 11.15.19 and Fair 11.16.19

Hi Nicci,

All looks in order, no issues or concerns. Thanks, Tom

Hi Everyone,

Please review and forward your questions and/or recommendations to the Board of Selectmen ASAP. These requests will be on the Tuesday, November 5th BOS agenda.

Thank you, Nicci

Nicci Roebuck Executive Assistant Town Administrator’s Office

Town of Wenham 138 Main Street, Wenham, MA 01984 978-468-5520 x2

From: Brandy Wilbur To: Nicole Roebuck Subject: Re: FW: "Polar Plunge" in Pleasant Pond Date: Friday, November 01, 2019 5:16:40 AM

Natalie Blue reached out to FOB about the insurance and has not heard back. I will ping her now. 5th grade parents want to do this, so let's say yes to keeping it on the agenda. What time is the meeting on the 5th?

On Thu, Oct 31, 2019, 5:57 PM Nicole Roebuck wrote:

Hi Brandy,

Any updates on the Polar Plunge? We still have the request on the agenda for the Selectmen, Tuesday, November 5th and will post the agenda tomorrow.

Thanks!

Nicci

Nicci Roebuck

Executive Assistant

Town Administrator’s Office

Town of Wenham

138 Main Street, Wenham, MA 01984

978-468-5520 x2

From: Brandy Wilbur [mailto:[email protected]] Sent: Friday, October 25, 2019 1:36 PM To: Nicole Roebuck Subject: Re: FW: "Polar Plunge" in Pleasant Pond

Thanks for sending this thread along. We'd like to do the event. Just need to approach FOB/insurance to see if it is doable. Please keep it on the Nov 5 agenda. Should someone from our group be at the meeting?

On Fri, Oct 25, 2019, 1:22 PM Nicole Roebuck wrote:

Let's talk more about this. Are you guys still planning on the Polar Plunge? Police had no specific issues. Are you guys planning to have a special event insurance policy? Did anyone discuss with the FOB? I'll have it as a placeholder on the BOS November 5th agenda. Let me know what to plan for. J

Nicci Roebuck

Executive Assistant

Town Administrator’s Office

Town of Wenham

138 Main Street, Wenham, MA 01984

978-468-5520 x2

From: Patricia Sullivan [mailto:[email protected]] Sent: Wednesday, October 16, 2019 5:05 PM To: Nicole Roebuck Subject: Re: "Polar Plunge" in Pleasant Pond

Either way, I’d recommend a special event policy.

Sent from my iPhone

On Oct 16, 2019, at 4:53 PM, Nicole Roebuck wrote:

There is a PTO, but this event is currently separate from the PTO. If you think they should coordinate through the PTO, that is certainly possible. What do you suggest?

Nicci Roebuck Executive Assistant

Town Administrator’s Office

Town of Wenham

138 Main Street, Wenham, MA 01984

978-468-5520 x2

From: Patricia Sullivan [mailto:[email protected]] Sent: Wednesday, October 16, 2019 3:51 PM To: Nicole Roebuck Subject: Re: "Polar Plunge" in Pleasant Pond

Hi Nicci,

Is there a PTO involved.

I recommend a one day special event policy adding Wenham as additional insured.

Trish

Sent from my iPhone

On Oct 16, 2019, at 3:46 PM, Nicole Roebuck wrote:

Hi Trish,

What do you think about the Pleasant Pond "Polar Plunge" fundraiser?

Thank you!

Nicci

Nicci Roebuck

Executive Assistant

Town Administrator’s Office

Town of Wenham

138 Main Street, Wenham, MA 01984

978-468-5520 x2

From: Nicole Roebuck Sent: Tuesday, October 15, 2019 11:01 AM To: '[email protected]' Subject: "Polar Plunge" in Pleasant Pond

Hi Trish,

We have been approached by the 5th grade parents at Buker Elementary School for permission to use Pleasant Pond for a Polar Plunge on Saturday, December 7th. They anticipate approximately 50-75 participants for a quick dip into the pond. Representatives from Wenham Police and Wenham Fire will be on location.

From a liability perspective, what would the Town need from the HWRSD to ensure that everyone is covered in the event of an injury?

Thanks for any guidance.

Nicci

Nicci Roebuck

Executive Assistant

Town Administrator’s Office

Town of Wenham

138 Main Street, Wenham, MA 01984

978-468-5520 x2

DRAFT (CAH)

TOWN OF WENHAM Board of Selectmen Meeting of October 21, 2019 Town Hall, 138 Main Street

Pursuant to the Open Meeting Law, M.G.L. Chapter 30 A, §§ 18-25, written notice posted by the Town Clerk delivered to all Board members, a meeting of the Board of Selectmen (BOS) was held on Monday, October 21 at 9:00 am in the Selectmen Chambers.

Welcome & Call to Order With a quorum present, Mr. Wilhelm called the BOS meeting to order at 9:05 am Selectmen present: Jack Wilhelm, Chair (2022); John Clemenzi, Vice Chair (2021); Catherine Harrison, Clerk (2020) Also present: Nicole Roebuck, Executive Assistant to the Town Administrator

One-Day Liquor License Request, Molly Martins, Academy of Penguin Hall, 36 Essex Street, Saturday, October 26, 2019, 6:00pm – 11:00pm  One Day Liquor License Application  Certificate of Insurance Academy of Penguin Hall  ServeSafe Certification for Antonio Bettencourt  Check for $50  Recommendation Email from T. Perkins, Police Chief  Recommendation Email from J. Baxter, Fire Captain  Recommendation Email from J. Bresnahan, Permitting & Special Projects Manager

Questions: It was noted that the Academy of Penguin Hall is current on all permits; however, Jackie Bresnahan, Permitting & Special Projects Manager, will offer the opportunity for Angelo Salamone, our new Inspector of Buildings, to inspect the building this week prior to the event.

Vote: Mr. Wilhelm moved the BOS approve a One Day All Alcohol Beverages Liquor License for Molly Martins of the Academy at Penguin Hall, 36 Arbor Street for Saturday, October 26, 2019 from 6:00 pm – 11:00 pm. The motion carried unanimously.

The BOS unanimously adjourned at 9:07 am.

Respectfully Submitted By Nicole Roebuck 10.21.19

BOS 10.21.19 1/1 Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 D-1 John

New Business - Appointments Conservation Commission Requested by: Kenneth Whitaker Action Sought: Appointment

Proposed Motion(s)

• MOVE that the Board of Selectmen appoint Kenneth F. Whitaker to the Conservation Commission for a term beginning November 5, 2019 and ending June 30, 2021.

Additional Information

See attached letter of interest. This appointment would fill the commission with staggered terms, per the bylaws.

Conservation Commission - Staggered Three Year Terms up to 7 residents 1 Philip D. Colarusso Phil, Chair July 1, 2019 June 30, 2022 2 Leo Maestranzi July 1, 2018 June 30, 2021 3 Michael Novak July 1, 2017 June 30, 2020 4 Malcolm Reid July 1, 2019 June 30, 2022 5 Asma Syed July 1, 2017 June 30, 2020 6 Jeffrey Ham October 15, 2019 June 30, 2022 7 OPEN June 30, 2021

Board Action

Motion Second In favor Opposed Disposition From: Melissa Berry To: Nicole Roebuck Subject: FW: Conservation Commission appointment Date: Thursday, August 29, 2019 3:35:19 PM

Not sure if he sent this to you as well.

Missy ______From: Kenneth Whittaker Sent: Thursday, August 29, 2019 10:44 AM To: Melissa Berry Subject: Conservation Commission appointment

Missy, I am a former member of the Wenham Conservation Commission (approximately 7 years ago) and wish to be re-appointed. I reside at 7 Enon Road. I have communicated with Chairman Phil Colarusso amd he supports this appointment, as will other members of the Commission I am sure. I have extensive experience in environmental/conservation matters. Please accept this email as formal notice of my wish for re-appoimtment. If this notice is not sufficient please let me know what further documentation is needed. Thank you. Ken Whittaker

Sent from my iPhone Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 D-2 John

New Business - Appointments Interim Treasurer Collector Requested by: Town Administrator Action Sought: Appointment

Proposed Motion(s)

• MOVE that the Board of Selectmen appoint Donald J. Carter as Interim Treasurer Collector for a term beginning November 6, 2019 until the permanent position has been filled.

Additional Information

See attached resume

Board Action

Motion Second In favor Opposed Disposition DONALD J. CARTER

SUMMARY A retired Treasury and Finance manager with extensive experience in financial operations. Specific areas of expertise and competency include:

• Receivables Management • Treasury/Banking Operations • Customer finance programs • Cash flow management • Recruitment, selection & development • Risk management of staff • Financial operations management • Bank Relations • Economic business decision making • Cross-functional relationship building • Legal analysis/decisions • Complex problem resolution

EXPERIENCE

Town of Middleton Middleton, MA 2011 – 6/2018

Treasurer Collector

Responsible for all Town funds, the issuance and payment of debt, the billing and collection of all Town taxes and fees, payroll and benefit administration, managing the tax takings from initiation to foreclosure, prepare and submit all Federal and State tax forms

Town of Ipswich Ipswich, MA 2005 - 2011

Assistant Treasurer Collector

Responsible for accurate and timely billing and collections of all town Real Estate and Motor Vehicle Excise taxes using Munis Applications, the reconciliation of taxpayer accounts, processing of adjustments, monitoring bank balances , reconciliation of all bank accounts using a Quicken application, and the processing of EFTs.

Creo Americas, Inc., (Formerly CreoScitex America, Inc. and Scitex America, Inc.), Bedford, MA 1992– 2005 The U.S. sales, distribution and service unit of the leading developer, manufacturer, and distributor of digital solutions for the graphics arts industry.

Treasurer (1998 – March 2003) Managed all subsidiary treasury, credit and collections, customer finance, Latin America finance, and risk management activities for a $250M sales/distribution unit of a $700M company. • Implemented a new customer financing program building a $70M+ lease portfolio in less than two years. • Led search for new third party leasing partners that has resulted in one new program and a second one nearing closure facilitating incremental down market sales. • Implemented credit and collection policies and procedures that ensure the timely conversion of orders to revenue and cash resulting in consistent achievement of cash-flow targets.

Donald J. Carter Page 2

• Implemented the use of an online banking system minimizing time spent on daily banking activities. • Successfully integrated two diverse collection groups resulting in improved productivity and customer communications.

Manager of Treasury Operations (May 1992 – 1998) Manager of domestic equipment credit and collections, Latin American credit and collections, customer finance programs, corporate risk management, corporate credit insurance program, cash management, and recoveries relating to corporate customer lease programs. • Directed the evolution of a two person credit, collection, and billing department into an effective six-person operation effectively handling double digit growth in sales. • Replaced a manual billing program with an automated (Oracle based) billing and accounts receivable system facilitating the timely billing and collection of receivables. • Automated the banking and cash management system by developing and negotiating a new banking relationship improving the activity tracking and reconciliation process.

Symbolics, Inc., Burlington, MA 1989 – 1992 $40M company specializing in providing artificial intelligence hardware and software applications

Assistant Treasurer (1991- May 1992) Managed the credit, collection, billing, order management, and cash management functions. • During a year of continued losses and downsizing, maintained all operational efficiencies while managing staff reductions, which resulted in additional workload. • Continued to meet or exceed all cash forecasts while continually reducing A/R aging. • Managed debt covenant compliance and reporting for receivables and inventory allow us to maintain existing credit lines.

Manager - Credit and Collections (August 1989-1991) Managed the corporate Credit and Collection Department responsible for credit acceptance and accounts receivable management. • Implemented department relocation, including re-staffing, from California to Burlington Mass. with minimal impact on cash flow. • Improved department image internally through interdepartmental communication. Reduced greater than 180-day delinquency by 80%, minimizing write-offs. • Permanently solved a DOD delinquency problem resulting in an immediate payment of $600K and timely future payments.

EDUCATION

MBA, Northeastern University, Boston, MA

BS, Business Administration, Salem State College, Salem, MA

Certified Massachusetts Municipal Treasurer

Certified Massachusetts Municipal Collector

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 D-3 John

New Business - Appointments Interim Finance Director Requested by: Town Administrator Action Sought: Appointment

Proposed Motion(s)

• MOVE that the Board of Selectmen appoint Christopher J. Holak as Interim Finance Director effective November 25, 2019 through June 30, 2020.

Additional Information

See memo under New Business Item H. for additional information

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 E Catherine

New Business – Wenham Connects Presentation, Chair Marianne Cannon

Additional Information

See attached Memo and Domain Status Update from Marianne Cannon

Memo to Wenham Selectmen (11/5/2019)

On behalf of the Wenham Connects Committee, I extend our appreciation to you for inviting us to be on your agenda tonight. There are three points in our brief presentation, namely, the feedback you requested from Wenham Connects about how the Board of Selectmen can demonstrate support to the Committee, two, an overview of our progress since June 2019 in advancing the implementation of the eight domains on which Wenham Connects is founded, and, three, to gain your support in helping us achieve our goal of increasing our visibility to Wenham residents through use of the Town website and social outlets.

I. Feedback to the Board of Selectmen about how to help Wenham Connects be successful: a. Extending the appointment of Wenham Connects beyond 6/30/20 from 1 to 3 years b. Collaborate with Wenham Connects in hosting a forum on Housing By-Laws for residents of Wenham c. Support of having an “idea exchange” about enhancing the Dementia Friendly aspects of Town Boards and Department Heads d. Support for time spent by Town staff toward grant preparation for applications to Tufts Healthcare Plan Foundation due by 1/31/20 on behalf of Wenham Connects projects, eg, Resource Center, an additional phone line at COA dedicated to calls from residents about ways Wenham Connects can help, advertising for Wenham Community Service Day, if approved II. Domains Status 11/5/2019 for Wenham Connects (see handout) Town of Wenham Council on Aging Wenham Connects Committee Domains Status 11/5/2019 Update

Domains Outdoor Spaces • Action Plan: Make trails accessible to seniors/physically challenged and Buildings residents by trail mapping, adding color-coded benches in Wenham, restoration, expand communication through The Wenhamite • Team: Win Dodge, Marianne Cannon • Community Stakeholders: Selectmen, Anthony Ansaldi, Missy Berry, Jackie Bresnahan, Matthew Baily (Boy Scouts), Bill Tyack (DPW), Amy Starr & Kim Novack (Girl Scouts), COA • Status: Trail Mapping Project, Community Service Day for Wenham in spring Housing • Action Plan: Expand options for aging in place for seniors by providing information about affordable housing models and engage in advocacy forum as approved by Town officials for policy change. • Team: Win Dodge, Meredith Carlisle, Francois Wilhelm, Jim Reynolds • Community Stakeholders: Selectmen, Jackie Bresnahan, Open Land Trust, Anthony Ansaldi; Town Land Use Boards; Margaret Hoffman • Status: Developing Home Sharing Platform memo; ADU research is ongoing; Grant development with no local match to support grant- writing by Town Officials; Consult with Home Sharing operations in Outer Cape and NH re: business model, infrastructure Social • Action Plan: Neighborhood Coffees/Discussions about Town issues Participation • Team: LuBeth Keummerle, Ann O’Shea, Trisha Tremblay, Francois Wilhelm • Community Stakeholders: Selectmen, Anthony Ansaldi, WVIS, Enon Village, The Maples, First Church in Wenham • Status: Francois to advance spreadsheet of neighborhoods to track demographics of coffee socials in Wenham, Trisha holding second coffee in The Maples, 11/7; Ann O’Shea, coffee 10/30. Third coffee in late Nov at the Maples (Trisha, Social Director at Maples)

Council on Aging 10 School Street, Wenham, MA 01984 (978) 468-5529 Town of Wenham Council on Aging Wenham Connects Committee Domains Status 11/5/2019 Update

Communication • Action Plan: Educate all residents about mission of Wenham and Information Connects and Dementia and Age Friendly task force, build centralized information source, create resource guide • Team: Mardi Lowery • Community Stakeholders: Selectmen, Anthony Ansaldi, WCOA, H- W Regional School District, Nicole Roebuck, Wenham Museum, WVIS, HW Library, Recreation Center, Gordon College, Gordon- Conwell Seminary, Bennett Balance Center, First Church, St. Paul’s Catholic Church, Christ Church of H-W, Second Congregational Church, First Methodist Church • Status: creating Wenham Connects Resource Guide, meeting with stakeholders to acquaint them w/ Wenham Connects; ongoing discussion w/ HWRHS to plan joint projects Community • Action Plan: Expand social work capacity in Wenham, explore Suppport and funding options with WCOA, educate healthcare workers about Health Services Wenham Connects and create network, peer to peer program • Team: Marcia Ford • Community Stakeholders: Selectmen, Anthony Ansaldi, Jackie Bresnahan, WCOA, Board of Health, Maribeth Ting, WVIS, First Church in Wenham, Christ Church of H-W, WISSH • Status: Promoted Wenham Connects at Fall Flu Clinic; Tufts Health Plan Foundation grants $2000-$60,000 award supported by Town Officials (research, writing) w/ no matching funds Transportation • Action Plan: sustain MBTA The Ride in Wenham, COA Van Program • Team: Jim Reynolds • Community Stakeholders: COA, Selectmen, Town Officials • Status: see action plan (not official WC domain 2019-2020 Civic • Action Plan: sustain Senior Tax Write-Off Program, Citizens Participation and Academy Employment • Team: Town Clerk, Jackie Bresnahan • Community Stakeholders: • Status:( not official Wenham Connects domain 2019-2020)

Council on Aging 10 School Street, Wenham, MA 01984 (978) 468-5529 Town of Wenham Council on Aging Wenham Connects Committee Domains Status 11/5/2019 Update

Respect and • Action Plan: Social Inclusion • Team: Wenham Connects Committee • Community Stakeholders: Town Officials, Selectmen • Status: Deferred as separate domain but integrated into all active domains 2019-2020

Council on Aging 10 School Street, Wenham, MA 01984 (978) 468-5529 Wenham Board of Selectmen AGENDA ACTION REQUEST F November 5, 2019 Jack

New Business – Police Benevolent Association Agreement FY20-22 Requested by: Police Benevolent Association Action Sought: Approval

Proposed Motion(s)

• MOVE that the Board of Selectmen approve the agreement between the Police Benevolent Association of Wenham MCOP Local 382 and the Town of Wenham for the period from July 1, 2019 – June 30, 2022.

Additional Information

See attached proposed FY20-22 contract including changes incorporated from the Memorandum of Agreement as approved by the Board on August 6, 2019.

Board Action

Motion Second In favor Opposed Disposition

AGREEMENT BETWEEN

THE POLICE BENEVOLENT ASSOCIATION OF WENHAM

MCOP LOCAL 382

AND

THE TOWN OF WENHAM, MASSACHUSETTS

JULY 1, 2019 – JUNE 30, 2022 Deleted: 6 Deleted: 19

TABLE OF CONTENTS

ARTICLE 1 PERSONS COVERED BY THIS AGREEMENT ...... 1 Formatted: Font: 11 pt ARTICLE 2 TERM ...... 1 ARTICLE 3 EMPLOYEE RIGHTS AND REPRESENTATION ...... 2 ARTICLE 4 INDEMNIFICATION ...... 2 ARTICLE 5 CONTROL BY CHIEF OF POLICE ...... 2 ARTICLE 6 NO-STRIKE CLAUSE ...... 3 ARTICLE 7 STABILITY OF AGREEMENT ...... 3 ARTICLE 8 HOURS OF WORK AND COMPENSATION ...... 4 ARTICLE 9 OVERTIME ...... 7 ARTICLE 10 EXTRA PAID DETAILS ...... 8

ARTICLE 11 COURT TIME ...... 10 Deleted: 9 ARTICLE 12 INCENTIVE ...... 10 ARTICLE 13 CLOTHING ALLOWANCE ...... 10

ARTICLE 14 VACATIONS ...... 11 Deleted: 10

ARTICLE 15 DISCIPLINARY ACTION ...... 12 Deleted: 11 ARTICLE 16 GRIEVANCE PROCEDURE ...... 12 ARTICLE 17 SICK AND DEATH LEAVE ...... 14 ARTICLE 18 FITNESS TO RETURN TO WORK AFTER SERVICE

CONNECTED SICKNESS, INJURY OR DISABILITY ...... 17 Deleted: 15

ARTICLE 19 MILITARY LEAVE ...... 18 Deleted: 16

ARTICLE 20 HOLIDAYS ...... 18 Deleted: 16

ARTICLE 21 HEALTH INSURANCE ...... 19 Deleted: 17

ARTICLE 22 AGENCY SERVICE FEE AND DUES DEDUCTIONS ...... 20 Deleted: 18

ARTICLE 23 ASSUMPTION OF DUTIES ...... 21 Deleted: 18

ARTICLE 24 LONGEVITY ...... 21 Deleted: 19

ARTICLE 25 NIGHT DIFFERENTIAL ...... 22 Deleted: 2 ARTICLE 26 SENIORITY ...... 22 Deleted: 0 Deleted: 20 ARTICLE 27 COMPENSATORY TIME OFF ...... 22 Deleted: 20 ARTICLE 28 PHYSICAL EXAMINATIONS ...... 23 Deleted: 20 ARTICLE 29 MANAGEMENT RIGHTS ...... 23 Deleted: 21

ARTICLE 30 SEVERABILITY CLAUSE ...... 23 Deleted: 21

ARTICLE 31 MATERNITY LEAVE/PATERNITY LEAVE ...... 24 Deleted: 21

ARTICLE 32 BULLETIN BOARDS ...... 24 Deleted: 21

ARTICLE 33 LEAVE OF ABSENCE ...... 24 Deleted: 22

ARTICLE 34 EMPLOYEE FILES ...... 24 Deleted: 22

ARTICLE 35 PERSONAL ABSENCE ...... 25 Deleted: 23

ARTICLE 36 HEALTH AND SAFETY ...... 25 Deleted: 23

ARTICLE 37 ASSOCIATION BUSINESS LEAVE ...... 26 Deleted: 23

ARTICLE 38 POLICE OFFICERS BENEFITS ...... 26 Deleted: 24

ARTICLE 39 TOUR OF DUTY ...... 26 Deleted: 24

ARTICLE 40 MISCELLANEOUS ...... 27 Deleted: 24

ARTICLE 41 PRE TAX CONVERSION PLAN ...... 27 Deleted: 24 ARTICLE 42 IN SERVICE TRAINING ...... 27

AGREEMENT made this 1st day of October, 2019, by and between the Town of Wenham, hereinafter called "the Deleted: 14th Town", and the Police Benevolent Association of Wenham, an unincorporated association, hereinafter called "the Deleted: June Deleted: 6 Association", or "the employees."

WHEREAS, the well-being of the employees covered by this Agreement and the efficient and economic operation of the Police Department require that an orderly and constructive relationship be maintained between the parties; and

WHEREAS, the participation of employees in the collective bargaining process contributes to the effective conduct of the public business and Police administration; and

WHEREAS, the parties to this Agreement consider themselves mutually responsible to establish stable and meaningful relations based on this Agreement;

NOW, THEREFORE, herein contained, the parties mutually agree as follows:

ARTICLE I PERSONS COVERED BY THIS AGREEMENT

The Town recognizes the Association as the sole and exclusive representative for the purpose of collective bargain relative to establishing wages, hours and other conditions of employment, of all the regular full-time police officers upon completion of a Police Academy approved by the Massachusetts Criminal Justice Training Council, excluding only the Chief of Police and Captain. The Town and the Association agree not to discriminate against employees covered by this Agreement on account of membership or non-membership in the Association.

ARTICLE 2 TERM

This Agreement shall be effective July 1, 2019, except as otherwise provided herein, and shall remain in full force Deleted: 6 and effect until June 30, 2022. Unless the agreement is otherwise modified, terminated or extended pursuant to the above Deleted: 19 paragraph, on or after March 1, 2022, the parties shall make mutually satisfactory arrangements to engage in negotiations Deleted: 1 for a successor collective bargaining agreement. Deleted: 19

ARTICLE 3 EMPLOYEE RIGHTS AND REPRESENTATION

Employees have the right and shall be protected in the exercise of the said right, freely and without fear of penalty or reprisal to join and/or assist the Association. The freedom of employees to assist the Association shall be recognized as extending to participation in the management of the Association and action for the Association in the capacity of an Association officer or representative, or otherwise, and including the right to present Association views and positions to the public, to officials of the Town of Wenham and of the General Court, or to any other appropriate authority or official.

Without limiting the foregoing, the Town agrees that it will not aid, promote or finance any labor group or organization which purports to engage in collective bargaining, or make any agreement with any such group or organization which would violate any rights of the Association under this Agreement or the law. Further, no representative, Department official or agent of the Town shall:

1. Interfere with, restrain, or coerce employees in the exercise of their right to join or refrain from joining the Association; 2. Interfere with the formation existence, operations or administration of the Association; 3. Discriminate in regard to employment or conditions of the employment in order to encourage or discourage membership in the Association; 4. Discriminate against an employee because he has given testimony or taken part in any grievance procedures, or other hearings, negotiations, or conferences for or in behalf of the Association; 5. Refuse to meet, negotiate, or confer on proper matters with officers or representatives of the Association as set forth in the Agreement.

ARTICLE 4 INDEMNIFICATION

The Town agrees to indemnify the employees against claims and suits in accordance with Chapter 258, Section 9, of the Massachusetts General Laws.

ARTICLE 5 CONTROL BY CHIEF OF POLICE Nothing contained in the Agreement shall derogate from the authority of the Chief of Police as provided in Massachusetts General Laws or the Town of Wenham By-Laws in his duties, responsibilities and rights in the operation of the Wenham Police Department.

ARTICLE 6 NO-STRIKE CLAUSE

Section 1. No employee covered by this Agreement shall engage in, induce or encourage any strike, work stoppage, slowdown, or withholding of services. The Association agrees that neither it nor any of its officers or agents will call, institute, authorize, participate in, sanction or ratify any such strike, work stoppage, slowdown or withholding of services.

Section 2. Should any employee or group of employees covered by this Agreement engage in any strike, work stoppage, slowdown, or withholding of services, the Association shall forthwith disavow any such strike, work stoppage, slowdown, or withholding of services and shall refuse to recognize any picket line established in connection therewith. Furthermore, at the request of the Town, the Association shall take all reasonable means to induce such employee or group of employees to terminate the strike, work stoppage, slowdown or withholding of services and to return to work forthwith.

Section 3. In consideration of the performance by the Association of its obligations under Sections 1 and 2 of this Article, there shall be no liability on the part of the Association or of its officers or agents for any monetary damages resulting from the unauthorized breach of the agreements contained in this Article by individual members of the Association. Any employee who breaches the agreements contained in the Article shall be subject to disciplinary proceedings.

ARTICLE 7 STABILITY OF AGREEMENT

Section 1. No amendment, alteration or variation of the terms or provisions of this Agreement shall bind the parties hereto, unless made and executed in writing by the parties hereto.

Section 2. The failure of the Town or of the Association to insist, in any one or more situations, upon performance of any of the terms or provisions of this Agreement shall not be considered as a waiver or relinquishment of the right of the Town or of the Association to future performance of any such term or provision, and the obligations of the Association and the Town to such future performance shall continue in full force and effect.

ARTICLE 8 HOURS OF WORK AND COMPENSATION

1. Employees shall be scheduled to work on the basis of four (4) eight hour shifts for a period of four (4) days, and then they shall be entitled to two (2) days off, provided however, that the officer assigned as Court Officer and the officer assigned as Detective may be assigned a five (5) and two (2) Monday through Friday modified day shift (with evening shift differential for any hours worked during the evening shift) and will be entitled to seventeen (17) additional days off per year, as per past practice.

2. The weekly compensation for this four (4) days on and two (2) days off duty week for the fiscal year and

July 1, 2019 to June 30, 2020, and July 1, 2020 to June 30, 2021, and July 1, 2021 to June 30, 2022 is as follows: Deleted: 6 Deleted: 17 Deleted: 17 A. Patrolman's (Employee) top step base pay for the fiscal year starting July 1, 2019, is as follows: $1,146.63 Deleted: 2018 per week (for those employees who carry a family health plan with the Town); $1,129.66 per week (for Deleted: 18 those employees who carry an individual health plan with the Town); and $1,127.41 per week (for those Deleted: 2019 employees who are eligible for Town health insurance, but opt not to enroll); subject to funding as Deleted: 6 Deleted: 1,124.15 provided herein. Deleted: 1,107.51 Deleted: 1,105.30 Starting July 1, 2020 the Town agrees to a 2% Cost of Living Increase. Deleted: 17,

Starting July 1, 2021, the Town agrees to a 2% Cost of Living Increase. Said Cost of Living increases Deleted: 18 shall be added to the Employee’s Base Pay.

There shall be an education incentive added to the base pay to employees covered by this Agreement as follows:

Associate's degree in criminal justice or 60 credits earned toward a Baccalaureate degree: ten percent (10%) Deleted: law enforcement

Baccalaureate degree in criminal justice: twenty percent (20%) Deleted: law enforcement

Master's degree in criminal justice or law degree: twenty five percent (25%) Deleted: law enforcement

Eligible degrees shall be from an accredited college or university for employees hired on or after July 1, Formatted: Indent: Left: 1" 2019.

Anticipated changes in degree status must be communicated to the Chief of Police with sufficient Deleted: advance notice to incorporate all related pay increases into the following fiscal year departmental budget. Deleted: If the employee fails to give notice by December 1 of the preceding fiscal year, the Town will have no Deleted: obligation to make any increased educational incentive payments until the first full payroll period of the Deleted: fiscal year for which the Town has had the requisite notice and opportunity to budget for the necessary funds. Failure to provide adequate advance notice will not, however, prevent the employee from receiving retroactive pay back to the date of their eligibility for pay increases based on their change in degree status.

B. It is agreed between the parties that the differential between a Detective's (Employee) base pay, if appointed and the maximum salary of a Patrolman (Employee) shall be ten percent (10%).

C. It is agreed between the parties that the differential between the Sergeant's (Employee) base pay, if appointed, and the top step base pay of a Patrolman (Employee) shall be eighteen percent (18%).

D. It is agreed between the parties that the differential between the Lieutenant's (Employee) base pay, if appointed and the top step base pay of a Patrolman (Employee) shall be as follows: twenty-five percent (25%).

3. Pay rates for patrolmen shall be determined according to the following schedule:

A. A patrolman (employee) with less than one (1) year on the police force shall be paid on the basis of 80% of the maximum patrolman's pay rate.

B. A patrolman (employee) with one (1) year, but less than two (2) years, on the police force shall be paid on the basis of 85% of the maximum patrolman's pay rate.

Deleted: ¶ C. A patrolman (employee) with two years, but less than three years, on the police force shall be paid on the basis of 90% of the maximum patrolman's pay rate.

D. A patrolman (employee) with three years, but less than four years, on the police force shall be paid on the basis of 95% of the maximum patrolman's pay rate.

Deleted: ¶ E. A patrolman (employee) with four or more years on the police force shall be paid on the basis of 100% of the maximum patrolman's pay ate.

F. An employee with at least five (5) years but less than ten (10) years of service on the police force shall be Deleted: may paid on the basis of 102% of the maximum patrolman's pay rate.

Deleted: This merit increase will be at the recommendation of the Chief of Police. G. An employee with at least ten (10) years but less than fifteen (15) years of service on the police force shall Formatted: Indent: Left: 1.07", No bullets or be paid on the basis of 104% of the maximum patrolman's pay rate. numbering Formatted: Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: 0.82" + Indent H. An employee with at least fifteen (15) years of service on the police force shall be paid on the basis of at: 1.07" 106% of the maximum patrolman's pay rate. Deleted: may Deleted: This merit increase will be at the recommendation of the Chief of Police.¶ I. An employee with at least twenty (20) years or more of service on the police force shall be paid on the Deleted: but less than twenty (20) years basis of 108% of the maximum patrolman's pay rate. Deleted: may Formatted: Line spacing: 1.5 lines, Numbered + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: J. Effective, July 1, 2019, employees shall participate in an annual performance evaluation process agreeable 0.82" + Indent at: 1.07" between the parties. At each 5 year level of service set forth in subsections F, G, H, and I of Section 3, an Deleted: This merit increase will be at the recommendation of the Chief of Police.¶ employee shall receive an additional 1% wage increase provided the employee averages above a "meets Formatted: Indent: Left: 1.07", Line spacing: expectation" score for all previous evaluations. It is understood that this provision will operate at each 5 1.5 lines Formatted: Line spacing: 1.5 lines, Numbered year level regardless of the number of previous evaluations. In the event the employee does not receive the + Level: 1 + Numbering Style: A, B, C, … + Start at: 1 + Alignment: Left + Aligned at: additional wage increase, the employee may invoke Article 17 (Grievance Procedure). 0.82" + Indent at: 1.07" Deleted: may 4. However, notwithstanding any of the above, the Board of Selectmen, with the advice and consent of the Deleted: This merit increase will be at the recommendation of the Chief of Police.¶ Chief of Police, may place any new employee within any of the above patrolman's pay categories. Formatted: Indent: Left: 1.07", Line spacing: 1.5 lines Deleted: If 5. A patrolman (employee) that has been previously employed as a reserve officer for the Town, for a Deleted: for any reason the Chief of Police minimum of four consecutive weeks (forty hour work week) will have this time applied to Step 3A. Except for fails to make a favorable recommendation for a merit increase, an employee may invoke employees who are employed by the Town and subject to this Agreement as of July 1, 1999, only full-time service Article 17 (Grievance procedure). as a Police Officer for the Town of Wenham shall be considered in calculating any employee's eligibility for a Merit Step Raise under this Article 8.

6. Effective July 1, 2016, employees shall receive an annual accreditation stipend according to the following schedule: ❖ Patrolman $800.00 ❖ Detective $850.00 ❖ Sergeant $1,000.00

This accreditation stipend will be included in bi-weekly base pay for the purposes of an officer’s overtime rate and for retirement. It will not otherwise be included in the calculation of base wages in this article. This stipend shall continue so long as the department maintains its accreditation status.

7. Police officers hired on or after July 1, 2019 will be required to sign a repayment agreement with the Town Formatted: List Paragraph, Left, Numbered + Level: 1 + Numbering Style: 1, 2, 3, … + Start as set forth in "Attachment A." at: 7 + Alignment: Left + Aligned at: 0.75" + Indent at: 1"

Deleted: ¶ ARTICLE 9 <#>¶ ¶ OVERTIME

A. Scheduling of Overtime In emergencies or as the needs of the service require, employees may be required to perform overtime work. Employees shall be given as much advance notice as reasonably possible of overtime work. Scheduled overtime shall be posted and distributed to all employees on an equitable, fair, and rotating basis. Employees, other than those required to work beyond their normal tour of duty due to the exigencies of their workday (such as a late ambulance run, etc.), shall have the option of declining offered overtime; but in the event that sufficient personnel do not accept such offered overtime on a voluntary basis, or in the event of emergency situations where time is of the essence in executing the overtime job, such additional personnel as are deemed necessary by the Chief of Police may be required to work overtime on an assigned basis. Employees shall be afforded and given the first opportunity to accept overtime service, but there shall be no discrimination against any employee who declines to work overtime on a voluntary basis.

B. Overtime Service All assigned, authorized or approved service outside or beyond employee’s regularly scheduled eight (8) hour day or forty (40) hour week (other than paying police details), including service on an employee's scheduled day off, or during his vacation, or on a holiday, shall be deemed overtime service.

C. Compensation for Overtime Service 1. An employee who performs overtime service in accordance with the provisions of this Agreement shall receive, in addition to his regular weekly compensation, time and one-half his straight time hourly rate for each hour or portion thereof, of overtime service. The straight time hourly rate shall be computed as one fortieth of an employee's regular weekly compensation.

2. Employees shall not be required to accept compensatory time off in lieu of monetary compensation for overtime service.

3. Pay for overtime service shall be in addition to and not in lieu of holiday pay or vacation pay, and shall be remitted to employees within eighteen (18) days after such overtime service is performed.

4. An employee called to work in his scheduled day off or during his vacation or on a holiday listed in Article 20, or called back after having completed his regularly scheduled working hours shall be paid on an

overtime basis for all such time and shall be guaranteed a minimum of four (4) hours' overtime pay. Notwithstanding the above:

(1) Where an employee is called to work before the start of his/her scheduled shift, and continues to work without interruption through his/her regular shift starting time (an "early call in") he or she shall be paid a minimum of four (4) hours' overtime pay unless the early call in is within one hour of his/her regular shift starting time, in which case the employee will be paid one (1) hour; and any time after that will be paid on an hour by hour basis.

All meetings, training, court appearances, or other assignments issued by the Chief of Police shall have the four hour minimum rule applied with the exception of six yearly command staff meetings with line Supervisors without pay. These meetings shall be scheduled 30 days in advance and shall not exceed 4 hours.

If such meeting, instruction, etc. takes place on a day when the employee is not scheduled to work, the four (4) hour minimum shall apply. The scheduling of any such meeting on a day the employee is not otherwise scheduled to work shall be subject to the approval of the Chief.

D. Scheduled Overtime

1. Scheduled overtime, shall be offered to the entire membership of the Association who shall have the right of first refusal, prior to offering it to non-Association members.

E. Employees shall have the right of first refusal on the following shifts:

1) All scheduled vacation time Deleted: One-half of the 2) One-half of all sick days of full time officers (employees) 3) One-half of disability leave shifts of full time officers (employees) 4) All death leave time of full time officers (employees) 5) One-half of Court Officer coverage 6) No Captain time off

ARTICLE 10 EXTRA PAID DETAILS

In all instances where the detail is to be paid by a Town Department, a governmental body, or by an outside individual, group, corporation or organization, and in all instances where there is a street opening or at any public function, there will be a police officer required, subject to the discretion of the Chief of Police. Officers attending such details shall be compensated at the rate of time and one-half the hourly rate of pay (including differential pursuant to Article 13, par. 3) of

8 the highest paid sergeant, rounded to the nearest dollar, per hour, or any fraction thereof, with a minimum compensation of four (4) hours for the first eight (8) hours. Any detail of four (4) hours or more shall be paid at a minimum of eight (8) hours; provided, however, that this provision shall not apply to Town projects. Thereafter, a rate of time and one half the existing detail rate, rounded to the nearest dollar, per hour; at completion of eight (8) hours. However, that nothing in this section shall prevent any employee from volunteering his services for charitable or religious events without compensation.

All emergency (non-scheduled) details shall be paid at time-and-one-half the regular detail rate as set forth in the preceding paragraph; provided, however, that this paragraph shall not apply to town details.

All extra paid details shall be assigned by the Chief of Police on a fair and equitable rotating basis. All private detail checks from the Town will include the employer's name and the date of the detail on the employee's check stub.

1. An additional ten percent (10%) will be paid to the officer-in-charge when supervising three or more officers.

2. All details will be paid to the employees within eighteen (18) days of completion of the detail worked by said employee. This will apply only to Association members working details in Wenham.

3. All details worked on any of the 11 State Holidays will be compensated at the rate of time and one half the existing detail rate of pay.

4. If a party requesting a detail cancels such detail within one hour prior to or after the starting time of the detail, that party shall be responsible for paying the entire four hour minimum.

5. The Town agrees that the "Detail Rate" (which is based on an individual's rate of pay) shall not adjust down if a change in personnel occurs for any reason. The Union agrees that said rate will not adjust up until the existing guidelines produce such an increase.

6. The Association agrees that when appropriate the Town shall charge an additional service fee of 10%. The hourly rate for all Town details shall be 10% less than what is charged for private details, since the 10% administrative fee will not be applied to these details.

Formatted: List Paragraph, Add space 7. If an officer accepts a Town of Wenham detail and then decides not to take the detail, he/she shall be fully between paragraphs of the same style, Line spacing: single, No bullets or numbering responsible for filling that detail, with priority given to filling it with members of the Department. Formatted: Indent: Left: 0.25", First line: 0"

ARTICLE 11 COURT TIME An employee on duty at night or on vacation or on a day off who attends as a witness, a prosecutor, or in any other capacity in the performance of his duties for and on behalf of the Commonwealth of Massachusetts, or the United States of America or in any similar capacity before any state, federal or municipal agency or court, shall be entitled to compensation at the rate of time and one-half his straight time hourly rate of pay for every hour or fraction thereof during which he was in attendance, with a minimum compensation for such attendance of four (4) hours at their time and one-half hourly wage.

ARTICLE 12 INCENTIVE

1. There shall be paid annually for those employees who have been certified as Emergency Medical Technicians the sum of $1,500.00 per year.

2. The Town shall pay, on behalf of those employees who are certified as Emergency Medical Technicians, the annual EMT registration fee.

ARTICLE 13 CLOTHING/EQUIPMENT ALLOWANCE

1. During the period of this contract each employee in the Association will be given an annual clothing allowance of $1150.00 per year starting July 1, 2016.

2. An employee whose uniform part is destroyed in the course of his assignment said part will be replaced by the Town and will not be deducted from the employee's annual clothing allowance. Said damaged uniform part will be replaced upon inspection and approval by the Chief of Police.

3. An employee assigned to a Massachusetts certified Police Academy for basic recruit training will be compensated for all mandatory equipment and clothing needed for said training and this amount will not be deducted from that employee’s annual clothing allowance. All purchases will be subject to the approval of the Chief of Police.

4. An employee hired at any time during any part of the fiscal year will be entitled to the entire amount of the annual clothing allowance.

5. Each member of the Association shall be given $250.00 dollars annually for uniform dry cleaning reimbursement. Said reimbursement shall be paid within the first 2 weeks of July 1.

ARTICLE 14 VACATIONS

All employees who have been in the service of the town for a six month period shall be entitled to one (1) week vacation annually with pay. All employees who have been in the service of the Town for less than five (5) years, but more than one (1) year, or within one (1) year at the discretion of the Chief of Police, shall be entitled to two (2) weeks’ vacation annually with pay. All officers in the bargaining unit, who have been in the service of the Town for five (5) years, but less than ten (10) years, shall be entitled to three (3) weeks’ vacation annually with pay. All officers in the bargaining unit who have been in the service of the Town for ten (10) years or more shall be entitled to four (4) weeks’ vacation annually with pay. All officers in the bargaining unit who have been in the service of the Town for twenty (20) years or more shall be entitled to five (5) weeks’ vacation annually with pay.

Scheduling of vacation time shall be at the discretion of the Chief of Police.

A. Vacations are non-cumulative. It is intended that they be taken in the year when they are earned. If a vacation must be canceled by a department head due to an emergency, the canceled time may be carried over the following year with the approval of the Chief of Police.

B. When employment ends for any reason, an employee or his estate shall be paid for vacation time earned in any year in proportion to the length of time worked in such year.

C. Vacations are to be scheduled by agreement with the Chief of Police at a time to best serve the public interest; they may be canceled by the Chief of Police in cases of emergency. In scheduling vacations, preference in selection of dates is to be accorded to employees with the longest service.

D. When a scheduled vacation includes a legal holiday during the week’s vacation, an extra day shall be added to the vacation’s length.

E. The employees shall be entitled to take single day vacations.

F. "Weeks" are defined for the purposes of this Article 14 as five (5) working days. A. "Weeks" vacation shall have preference over a single day vacation regardless of length of service.

ARTICLE 15 DISCIPLINARY ACTION

No member of the Association shall be removed, dismissed, discharged, demoted, suspended or charged in any manner except for just cause, and at any hearings or interviews relating to any of the above, an employee will have the right, upon his request, to have an Association representative present on his behalf.

ARTICLE 16 GRIEVANCE PROCEDURE

A. Purpose.

The purpose of the grievance procedure shall be to settle employee grievances on as low a level as possible so as to ensure efficiency and employee morale. A grievance for purposes of this Agreement is a complaint, dispute or controversy pertaining to the meaning, application or interpretation of the terms of this Agreement. A grievance may arise between one or more of the employees and the Town or its agents.

B. Procedure.

It is acknowledged that members of the Association may wish the assistance of the Association in the processing of a grievance. The Association may represent a member in the grievance procedures at any stage of the proceedings. The decision as to whether the Association membership feels that there is just cause for said grievance shall be an internal matter for the Association and does not come within this collective bargaining agreement.

For purposes of this Article, the term "working days" shall mean Monday through Friday, not including legal holidays.

Step 1. (7) Working days of the event giving rise to the grievance, with or without his Association representative, as the employee desires, to the Chief of Police. An earnest effort shall be made to resolve the grievance in an informal manner.

Step 2. If the grievance is not resolved in Step I within three (3) working days of presentation of the grievance, the grievance shall (a) be reduced to writing by the employee or the Association, (b) contain a statement of the facts supporting the claim, (e) specifically identify those provisions of the contract which are alleged to have been violated, (d) state the relief requested, and (e) be signed by the grievant(s). It shall be presented to the Chief of Police within five (5) working days of the response of the Chief of Police in Step 1. The Chief of Police shall meet with the grievance committee

12 within five (5) working days of the time the grievance is presented to him in writing and he shall answer the grievance in writing within five (5) working days after the meeting.

Step 3. If the grievance is not resolved in Step 2, the grievance committee shall refer the grievance to the Town Administrator within seven (7) working days after the written decision of the Chief of Police is received in accordance with the provisions of Step 2. The Town Administrator shall meet with the Chief, grievance committee and the employee within seven (7) working days of receipt of the grievance by the Town Administrator. The Town Administrator shall render his/her decision in writing within seven (7) working days after said meeting or after such additional meetings as may be required by mutual agreement of the Town Administrator and the Association.

Step 4. If the grievance is not resolved in Step 3, the grievance committee shall refer the grievance to the Board of Selectmen in writing within seven (7) working days after the written decision of the Town Administrator is received in accordance with the provisions of Step 3. The Board of Selectmen shall meet with the Chief, grievance committee and the employee within fourteen (14) working days of receipt of the grievance by the Board. The Board of Selectmen shall render its decision in writing within fourteen (14) working days after said meeting or after such additional meetings as may be required by mutual agreement of the Board of Selectmen and the Association.

Meetings under the grievance procedure shall be held in closed session.

Step 5. If the grievance is not settled under the provisions of the above four (4) steps, the matter may be referred by the Association or the Town to arbitration within ten (10) working days of receipt of the answer of the Board of Selectmen in Step 4. Referral to arbitration shall mean the receipt of a letter by the American Arbitration Association indicating that a dispute exists and requesting the appointment of an arbitrator in accordance with the Voluntary Labor Arbitration Rules of the American Arbitration Association. The arbitrator shall be selected in accordance with said Rules. The decision of the arbitrator shall be final and binding to the extent provided by law and judgment thereon may be entered by any court of competent jurisdiction. No individual employee has the right to require arbitration, that right being reserved to the Association and the Town.

In the event the Town files a grievance alleging a violation of Article 6, said grievance may be submitted to arbitration forthwith without regard to the prior steps.

Each party shall bear the expense of the presentation of its case and the expense of the arbitrator shall be shared equally by the Town and the Association. No arbitrator shall have any power to add to or subtract from or modify any of the terms of this Agreement, or to decide any question except the grievance as submitted. No award may be made retroactive for more than thirty (30) days prior to the date the grievance was reduced to writing under Step 2, except in cases where the affected employee was unaware of the grievance for reasons beyond his control.

Any of the time limits outlined in this Agreement may be changed at any time by mutual agreement of the parties.

The times set forth herein for the Chief to meet with and/or respond to the grievance committee (Step I and/or Step 2) shall be tolled or tabled if the Chief is on vacation, or otherwise unavailable. In such case, upon his return from vacation, or upon his otherwise becoming available, the time(s) shall then continue to run.

C. Each party shall have the right to employ a public stenographer or use a mechanical recording device at the arbitration.

D. The Association shall be entitled to submit grievances which affect the entire Association in the name of the Association in the same manner as provided therein for employees.

The grievance and arbitration procedure hereunder shall be the exclusive remedy available to the extent provided by law, but shall not apply to any matter which is within the proper jurisdiction of the Contributory Retirement Appeal Board.

ARTICLE 17 SICK AND DEATH LEAVE

Employees shall be entitled to one and a quarter (1 1/4) days of sick leave with pay for each month of service.

Paid sick leave is to be awarded only when an employee is unable to perform his/her duties by reason of sickness or injury. After five (5) working days of sickness, a doctor's certificate of disability may be required by the Chief of Police or the Selectmen.

If an employee is terminated for just cause by the Town, there shall be no reimbursement in lieu of accumulated sick leave. However, an employee who resigns his service to the Town after a minimum of ten (10) years' service to the Town shall be entitled to reimbursement for one-half of his/her accumulated sick leave at the employee's regular per diem pay scale exclusive of overtime and details; provided, however, no reimbursement shall be granted where the employee resigns in lieu of termination. The maximum of accumulated sick leave against which the fifty percent "buy back" applies Deleted: If employment is terminated by the Town there shall be no reimbursement in lieu of shall be at one hundred-seventy (170) days. Association members shall be able to accumulate 200 days into their sick time accumulated sick leave. However, an employee who voluntarily or involuntarily terminates his service to bank. However, this shall not affect the sick time buy back rule stated above. the Town after a minimum of ten (10) years' service to the Town shall be entitled to reimbursement for one-half of his/her accumulated sick leave at the employee's regular per diem pay scale exclusive of All employees, as of the effective date of this collective bargaining agreement, shall have credit of accumulated sick overtime and details. leave calculated from the date of their employment by the Town up to the limit provided in these policies.

However, in the case of sick leave for any member of the Association who has used up his/her allotted sick leave as provided for above, his/her sick leave may be extended indefinitely at the discretion of the Chief of Police.

Effective July 1, 2016, an employee who wishes to retire in FY17 and thereafter shall provide written notice to the Town Administrator of his/her intent to retire by December 1 of the fiscal year prior to the fiscal year of the planned retirement, and shall specify a tentative date. An employee who gives the required notice in a timely fashion shall receive sick leave buyback payment on or about the date of retirement. If the employee fails to give requisite notice by the

December 1 deadline, the Town will have no obligation to make the buyback payment until the first full payroll period of Deleted: ¶ the fiscal year for which the Town has had the requisite notice and opportunity to budget for the necessary funds. If an employee retires due to a significant work-related injury or disability, the Town Administrator shall have discretion to waive the notice requirements referenced herein.

Special Sick Leave Incentive: Effective July 1, 2006, any employee who does not utilize sick leave for a consecutive six (6) month period shall earn one (1) full-time day off. The day off shall be offered as overtime and scheduled with the approval of the Chief of Police.

Deleted: ¶ Employees shall be eligible for bereavement leave Sick Leave Bank Policy: A Sick Leave Bank program has been established to assist eligible employees during pursuant to the terms of policy 6-6 contained in the Town of Wenham employee handbook. Any medical emergencies. The Sick Leave Bank is a voluntary program for benefit-eligible employees that will be administered additional bereavement days shall be at the discretion of the Chief of Police.¶ by a Sick Leave Bank Committee. Formatted: Underline Program Eligibility: Formatted: Line spacing: 1.5 lines 1) To be eligible to participate in the Sick Leave Bank, employees must be actively employed by the Town of Wenham and eligible to receive benefits. 2) Members must have been employed by the Town of Wenham for more than one (1) year in a benefit- eligible position.

3) Newly benefit-eligible employees must apply for membership in the program within one (1) month of Formatted: Indent: First line: 0.5", Line spacing: 1.5 lines becoming benefit-eligible. If the employee chooses not to join during this eligibility period, they may not elect to join at a later date.

Membership Requirements: Formatted: Line spacing: 1.5 lines 1) Membership in the Sick Leave Bank shall be voluntary. Each member shall contribute two (2) sick days to the bank upon enrollment and two (2) days in July of the following year. Thereafter, members shall contribute one (1) day each year, in July, until such time as the Bank has accumulated at least 200 days. Once the 200 day limit is reached, all contributions to the Sick Leave Bank shall be suspended. Thereafter, if the Bank should drop below 150 days, members shall recommence making annual one (1) day contributions. Members may, at their own discretion, elect to donate more than the minimum amount of days listed above. Members may also be requested to make additional contributions of sick leave days if an unforeseen event occurs. 2) Sick leave contributions to the Bank are non-returnable.

3) The balance of unused sick days shall remain in the Bank at the end of each fiscal year and shall accumulate from year to year. 4) Applications for enrollment in the program shall be made in writing and shall be held in confidence. Such a request shall include sufficient detail concerning why the request is being made at this time, including appropriate medical documentation to support the claim in the request. Sick Leave Bank Committee: 1) The Sick Leave Bank program shall be administered by a committee which shall be comprised of the Town Administrator, Finance Director, one (1) employee from the American Federation of State, County and Municipal Employees AFL-CIO, Council 93, Local 2905, one (1) employee from the Police Benevolent Association of Wenham, MCOP Local 382 and one (1) non-union employee. 2) The Sick Leave Bank Committee shall be authorized to approve or disapprove applications for distribution of benefits. Upon receipt of an application, the Committee shall meet as soon as possible to consider the employee’s request and shall render a decision within ten (10) business days. In deciding whether to grant the employee’s request, the Committee shall consider the following: • The doctor’s written determination addressing the request; • The employee’s prior circumstances with available sick leave, the expected duration of this health event, any documented abuse of sick leave, and any additional compelling circumstances. The Committee may, in its sole discretion, deny an application when it finds any of the following to be true: • The applicant has abused sick leave in the past; • The applicant has not yet exhausted accumulated sick leave time and other available paid leave (except for Vacation and Personal time); • The applicant has made previous granted applications to the Sick Leave Bank and this application is deemed excessive; • Other just cause for denying the application exists; • The applicant’s request is not supported by appropriate information. 3) If one of the Committee members submits an application requesting sick leave from the Bank, that individual shall recuse themselves from deliberating on said application. 4) All information provided to the Committee shall be held in strictest confidence by the members of the Committee. 5) The Committee shall provide an annual accounting of the Sick Leave Bank program in July of each year to all participating employees. At a minimum, this accounting shall include the number of members, the number of days remaining in the Sick Leave Bank as of June 30, and the number of hours/days distributed in the previous fiscal year. Benefit Eligibility: 1) Generally, to be eligible for benefits, the applicant must have been a member of the Sick Leave Bank program for a minimum of six (6) months. However, the Sick Leave Bank Committee shall have discretion to make exceptions to this eligibility requirement.

2) Members who are receiving Worker’s Compensation benefits are not eligible for benefits under the Sick Leave Bank program. 3) To be eligible for benefits, the applicant must have a medical condition, verified and documented by a physician, which requires a prolonged period of recuperation and/or absence from work, resulting in the exhaustion of all earned sick, vacation, personal or any other paid leave. 4) The Committee may require an applicant to undergo a physical examination by an independent physician at the Town’s expense. 5) No more than twenty (20) days may be granted at any one time. Requests for additional days by the same employee must be accompanied by a new application. Any additional grants by the Committee may be made in increments of up to twenty (20) days, however, any such additional grant shall be solely within the discretion of the Committee. Any unused sick bank time shall be returned to the Bank. 6) Any sick leave accumulated while an employee is receiving benefits from the Sick Leave Bank shall be returned to the Bank. 7) An employee may withdraw from participating in the Bank at any time, but shall not be eligible to rejoin thereafter. In the case of withdrawal, all donations made to the Bank by that employee prior to such withdrawal are irreversible. 8) For purposes of this program, a “day” shall equal the rate at which an employee accrues sick leave per month. (i.e. a 40 hour/week person accrues 10 hours/month, 36.5 accrues 9.13 hours/month, 35 accrues 8.75 hours/month, 30 accrues 7.50 hours/ month, etc.) 9) Approval of benefits shall be granted by a majority vote of the Sick Leave Bank Committee. Said approval shall not be unreasonably denied and shall not be subject to appeal or contested in any manner. 10) Sick Leave Bank benefits shall not be granted beyond the number of hours available in the Bank.

Employees shall be eligible for bereavement leave pursuant to the terms of policy 6-6 contained in the Town of Wenham employee handbook. Any additional bereavement days shall be at the discretion of the Chief of Police.

ARTICLE 18 FITNESS TO RETURN TO WORK AFTER SERVICE CONNECTED SICKNESS, INJURY OR DISABILITY

An employee absent from duty on account of sickness, or injury, or disability incurred in the performance of his/her duty shall be entitled to examination and treatment by a physician of his/her own choice. A doctor designated by the Town may examine the employee as to the employee’s fitness to resume police duty. The employee’s physician shall be afforded Deleted: His/her full opportunity to consult with the Town's Police Department physician as to the employee's fitness to resume police duty. Deleted: determination by such Town physician as to the employee's If the employee's physician and such Town physician disagree as to such "fitness", they shall thereupon jointly designate a physician agreeable to both who, at the Town's expense, shall examine the employee and render a written advisory medical

17 opinion as to the employee's fitness to return to duty, copies of which shall be transmitted by him to both the Town's physician and the employee's physician. In the event of their inability to agree upon a third physician, a physician shall be jointly selected by them from a list or panel of physicians established or suggested by the Commission of Public Health for the Commonwealth of Massachusetts in cooperation with the parties hereto, upon which event such physician, at the Town's expense, shall so examine the employee and hereunder his opinion as aforesaid. Pending receipt of such advisory opinion and action of the Town physician thereupon, the Town shall not require the employee to return to duty and shall continue to fully compensate him/her on a paid injury leave for lost time due to any absence.

It is understood that "sickness" as used herein means sickness incurred in the line of duty resulting in paid injury leave and does not include sickness not incurred in the line of duty which may result in sick leave.

Deleted: ¶

ARTICLE 19 MILITARY LEAVE

An employee after one year's service to the Town, shall be entitled in each calendar year to up to seventeen (17) consecutive days compensated leave of absence for the purpose of attending military training State or Federal Armed Services activities. The Town will make up the difference between the employee's lost wages and the military pay received (excluding any travel allowances) upon presentation of certification of the military pay received. If military pay exceeds the employee's lost wages, the employee is not required to reimburse the Town for the difference. Additional leave of absence for such scheduled training activities may be granted by the Chief of Police, but without pay.

All other employees are ineligible for compensation for a military leave of absence.

ARTICLE 20 HOLIDAYS

A. The following days shall be considered paid holidays: New Year's Day; Washington's Birthday; Patriots Day; Memorial Day; Independence Day; Labor Day; Columbus Day; Veteran's Day; Thanksgiving Day; Christmas Day; and Martin Luther King Jr., Day. Each employee shall be in receipt of these eleven (11) paid holidays annually.

B. In addition to the above holidays, the Association members shall be granted Christmas Eve (Dec. 24), the day after Deleted: the 3:00 pm to 11:00 pm (Evening) shift on Thanksgiving, and any additional holidays listed in the Town By-Laws or additional holidays declared by the Selectmen for Town of Wenham workers.

C. If an employee's short day (2 scheduled shifts within a 24 hour period) falls on a holiday that employee may have both shifts off, however, in exchange, if the short day is on a holiday and if the employee chooses to work said holiday, the employee is to choose one shift to work and the other shift goes into the rotation.

D. An employee who works on a holiday shall be paid at time-and-one-half his/her regular hourly rate. No additional compensation shall be paid.

E. No full-time employee shall be required to work a holiday. The Town may use part-time offices to fill holidays not worked by full-time employees.

F. Union members shall be permitted, if scheduled to work any of the 11 named holidays, in lieu of overtime said officer may elect to bank "Holiday Time". Holiday Time shall be credited as 2 (two) 8 hour shifts to be filled by Reserve Officers. Holiday Time may be banked for a period not to exceed 90 days.

ARTICLE 21 HEALTH INSURANCE

A. Subject to Article 2, the Town will pay the following percentage of the premium for the Health Insurance plan provided by the Town to eligible bargaining unit employees:

HMO Plan Town Share: (75% effective 04/01/07) Employee Share: (25% effective 04/01/07)

B. Effective April 1, 2007, in addition to the wages spelled out in Article 8, employees will have, on a one time basis, an amount added to their base pay as follows:

a) $1,200.00 for employees who carry a family health plan with the Town b) $450.00 for employees who carry an individual health plan with the Town c) $350.00 for those employees who are eligible for Town health insurance, but who opt not to enroll.

These adjustments will continue year-to-year thereafter, as increased by the general percentage wage increase. All current and future employees shall receive this increase in accordance with their health insurance circumstances.

In the event that the amounts as set forth in this paragraph are deemed by the applicable retirement board not to constitute "regular compensation" for purposes of retirement, the Union and the Town will reopen negotiations relating to this paragraph.

C. Upon retirement of an Association member the Town will thereafter continue to pay an amount of up to sixty percent (60%) consistent with the amount being paid for active employees, of the group life insurance premiums under any policy or policies that are then in effect with respect to such employee and the spouse of such employee, but such payments will terminate if the employee becomes eligible by reason of other employment to participate in comparable life or health insurance plans.

ARTICLE 22 AGENCY SERVICE FEE AND DUES DEDUCTIONS

A. All employees covered by this agreement shall be required as a condition of employment to make payment on or after the thirtieth day following the beginning of such employment or the effective date of this Agreement, whichever is later, of an Agency Service Fee to the Association. Such Agency Service Fee shall be in the amount equal to 90% of the Association dues. At the election of the employee, said Agency Service Fee may be deducted from his/her wages upon presentation to the Town of a signed authorization. Said authorization may be canceled by sixty (60) days written notice to the Town. An employee who does not authorize the Town to make weekly payroll deductions as provided herein shall make the Agency Service Fee payment directly to the Association treasurer.

B. The Town will deduct from the pay of each employee who submits a written authorization in accordance with the form attached to this agreement (Appendix A). Association Membership dues shall be deducted on a biweekly basis from the Employee’s weekly compensation. The Town will transmit quarterly the total amount deducted, with a list of employees from whom the dues have been deducted, to the Treasurer of the Association, as follows:

Treasurer, Police Benevolent Association of Wenham c/o Police Station. Wenham, MA 01984

The Association will provide a bond to the Town Treasurer in accordance with the provisions of Chapter 180, Section 17A of the General Laws.

C. The Association shall indemnify and save the Town harmless against any claim, demand, suit or other form of liability that may arise out of, or by reason of, action taken by the Town for the purpose of complying with this Article or in reliance on any assignment furnished by the Association.

ARTICLE 23 ASSUMPTION OF DUTIES

In the event an employee is temporarily assigned to perform the duties of a superior officer and so performs such duties for a period of at least five (5) consecutive days, he/she shall receive, commencing on the sixth (6th) day but retroactive from the first day, extra compensation for such service at the superior officer's rate of pay. Any compensation due hereunder shall be paid by the Town to the employee within a reasonable time after the completion of the aforementioned duties. Deleted: ¶ ¶

In the event of a layoff within the Department, the last employee hired shall be the first employee to be laid off, unless the Chief of Police, the Town and the Association agree otherwise.

All vacancies in the position of superior officer shall be filled by the Town on a permanent basis within ninety (90) days of said vacancy.

It is agreed that on a regular weekly basis, one supervisor will make him/herself available to be on call during weekends in the event supervision is required when no supervisor is on duty during this time.

The supervisors shall maintain a calendar which shall be posted in the station that reflects which supervisor is on Formatted: Left duty for that month’s weekend coverage. A “weekend” shall begin at 11:00 p.m. on Friday and end at 11:00 p.m. on

Sunday. Deleted: ¶

ARTICLE 24 LONGEVITY

Employees who complete the following years of continuous service in the Wenham Police Department shall receive an annual payment in accordance with the following schedule: Deleted: ¶

Years of Continuous Service Longevity Compensation Amount of Lump Sum Formatted Table

At least 5 years, but less than 10 years $100.00

At least 10 years, but less than 15 years $200.00

At least 15 years, but less than 20 years $300.00

20 years or more of continuous service $400.00

Said payments shall be made within two (2) weeks after July 1.

Longevity compensation shall not be included in an employee's base pay for the purpose of determining percentage differentials, overtime pay, court time, holiday pay, etc.

A break in service of three (3) months or less shall not destroy "continuous service" under this Article.

Deleted: ¶ ¶ ARTICLE 25 NIGHT DIFFERENTIAL

Each employee assigned to and working the evening shift (3 p.m. to 11 p.m) shall be paid and additional 7% per shift. Each employee assigned to and working the midnight shift (11 p.m. to 7 a.m.) shall be paid an additional 9% per shift. Employees regularly assigned to night shift work shall receive their night shift differential on all paid leave time including vacation, sick, compensatory, death, holiday, military, injury and personal leave. Any employee filling in for an employee regularly assigned to night shift work shall not receive a night shift differential.

ARTICLE 26 SENIORITY CLAUSE

Seniority within the Police Department shall be based on full-time appointment to the Wenham Police Department and if the date of full-time appointment is the same, seniority will then be based on the date of part-time appointment.

Seniority will be used in determining choice of vacations.

ARTICLE 27 COMPENSATORY TIME OFF

A member of the Association, at his/her discretion, may elect and take compensatory time off for overtime and court time at the rate of time and one-half and the Association hereby agrees that compensatory time vacancies may be covered by a reserve part-time officer. 22

ARTICLE 28 PHYSICAL EXAMINATIONS

All new employees, including those who have been absent from the employ of the Town for six months or more and are returning thereto, shall take a physical examination prior to commencing employment.

Such examination will be at the Town's expense according to a standard established by the Selectmen to whom the results shall be rendered in writing. Such examination shall be by a physician chosen by the Town unless the Selectmen agree in advance in a particular case to the choice of a different physician chosen by the prospective employee.

This policy shall apply to the members of the Association, except that fitness to return to work after service- connected sickness, injury or disability shall be governed by Article 17 of the Agreement.

ARTICLE 29 MANAGEMENT RIGHTS

Except as specifically modified by this Agreement, the Town reserves and retains the regular and customary rights and prerogatives of municipal management. These rights and prerogatives include, but are not limited to, the right to hire, promote, transfer, assign and retain employees; to suspend, demote, discharge or take other disciplinary action for just cause; to relieve employees from duty for legitimate reasons; to determine the method, means and personnel by which operations are to be conducted; and to take whatever action may be necessary to carry out the work in emergency situations. To the extent that the Town has not already done so, the Town may delegate any one or more of these rights and prerogatives to the Chief of Police. The Chief may make suitable regulations governing the police department and the officers thereof. The Chief shall be in immediate control of all town property used by the department, and of the police officers and all other employees of the Police Department, who shall obey his orders.

ARTICLE 30 SEVERABILITY CLAUSE

The provisions of this Agreement shall be severable and any provision or section hereof which is repugnant to or in conflict with any federal, state or municipal law shall be void, but such provision or section shall not affect any other lawful provisions or sanctions hereunder the balance of said Agreement shall remain in full force and effect.

ARTICLE 31 MATERNITY LEAVE/PATERNITY LEAVE

Members of the Association shall be granted Maternity or Paternity Leave in accordance with both Federal and State Labor practices.

Deleted: ¶ ARTICLE 32 BULLETIN BOARDS

The Town shall permit the use of a Wenham Police Benevolent Board located in the police station for the posting of notices concerning Association business and activities.

Deleted: ¶

ARTICLE 33 LEAVE OF ABSENCE

A leave of absence may be granted to an employee for a variety of reasons, among which are maternity, paternity, adoption of a child less than three (3) years of age, family crisis, travel. This is not intended to include all of the reasons that might prompt a request for leave of absence. In considering any request for a leave, the Town will take into account the employee's work record and attendance, reason for requesting a leave, the effect such leave will have on departmental operation, and, if necessary, the cost of a temporary replacement. Except as may be required by law or for unusual circumstances, no leave of absence will be granted for longer than a three-month period.

Full-time employees may request leaves of absence only after completion of the ninety day initial period of employment.

Leaves are granted with the understanding that the employee will not be paid for the period of the leave, but the employee's service record and all benefits will continue without interruption. The employee must pay the full amount of benefits like health insurance including the portion the Town normally pays, to assure that the benefits will continue during the leave.

Employees granted a leave of absence will return to their former position and or rank without a break in seniority or service. ARTICLE 34 EMPLOYEE FILES

1. No material originating from the employer relating to an employee's conduct, service, character, or personality shall be placed in the personnel files unless the employee has had an opportunity to read said material. 24

The employee shall acknowledge that he/she has read such material by affixing his/her signature on the actual copy to be filed. Such signature does not necessarily indicate agreement with its contents, but merely signifies that the employee has read the material to be filed.

2. A member shall have the right to answer any material filed and his/her answer shall be attached to the file copy.

3. A member shall have the right on request at reasonable times at the discretion of the Chief of Police to examine all material in his/her personnel file. A copy of such material shall be furnished to the employee at his/her request.

4. An employee may have information removed from his/her file by use of the grievance procedure provisions provided it is filed according to Article 17 on the grounds that information in his/her file is improper, incorrect or irrelevant to the employment relationship.

ARTICLE 35 PERSONAL ABSENCE

The Town provides for up to three days per fiscal year for absences of compelling personal business of the employee and the employee's family.

"Personal Absence" time is not earned. When a member needs to take time off for essential kinds of personal absences, the Town will protect the member from loss of pay. Personal absence time cannot be "Saved" or used as additional vacation. The member must advise the Chief of Police in advance of the need to take a personal day, except in cases of emergency.

ARTICLE 36 HEALTH AND SAFETY

1. A Safety Committee of three (3) members of the Association shall meet with the Chief of Police when necessary to discuss and make certain recommendations for improvements of general health and safety of the employees.

2. The Town shall provide efficient and safe equipment and material to protect the health and safety of members.

3. That for the safety of the officer during the day shift, evening shift, or midnight shift no officer will be required to work by himself/herself at each shift (combination of Chief, Captain, full time, or reserve).

Deleted: ¶ ARTICLE 37 ASSOCIATION BUSINESS LEAVE

1. The W.P.B.A. shall be granted leave from duty without loss of pay or benefits for all meetings between the Town and the Association for the purpose of negotiating the Terms of a contract. Such leave will be granted by the Chief of Police.

2. The members of the Association grievance committee shall be granted leave from duty with no loss of pay or benefits for all meetings between the Town and the Association for the purpose of processing and mediating grievances when such activity takes place at a time during which such employee is scheduled to be on duty. Such leave will be granted by the Chief of Police.

3. Two members of the P.B.A.W will be granted one day per officer to attend both the Massachusetts Police Association Annual Conference and the Massachusetts Coalition of Police Conference with no loss of pay or benefits. The Chief of Police will be notified two weeks prior to such meetings.

ARTICLE 38 POLICE OFFICERS BENEFITS

The Town of Wenham shall pay the reasonable expenses for the funeral and burial of any member who, while in the performance of his/her duties, is killed or sustains injuries which result in death.

Deleted: ¶ ARTICLE 39 TOUR OF DUTY

Tour of duty shall be chosen in the following manner:

On September 1 and March 1, the Chief of the Department shall post on the station board a tour of duty list which shall remain posted for a twenty day period. Shift selection shall be made by seniority by rank. Beginning on the above dates the senior employee by rank shall have two on duty days to select his preferred shift. Thereafter every two days the on duty officer shall notify the next senior employee by rank until all employees have selected their desired shift assignment. If an employee does not select his shift within the time allowed they shall be passed by the next succeeding employee by rank on the seniority list. Following which he shall re-enter the list for shift selection. After completion of this process a schedule

26 will be set up for the months of December 1 thru May 30 and June 1 thru November 31. The Chief retains the right to reassign personnel for the good of the department and for protection of the Town

ARTICLE 40 MISCELLANEOUS

The Town will provide copies of special and personal orders to Association members at the time of issuance.

1. The Town agrees that telephone numbers and home addresses of members shall be not be issued by the department at the police station or over the telephone.

ARTICLE 41 PRE TAX PREMIUM CONVERSION

Effective June 30, 1996, unit employees may, at their option, participate in the pre-tax premium conversion plan, subject to and pursuant to applicable rules and regulations set by the Internal Revenue Service.

ARTICLE 42 IN SERVICE TRAINING

In-service training shall be paid at an overtime rate to employees. The Chief of Police shall post in service training programs at least two (2) weeks prior to the date of training.

POLICE BENEVOLENT TOWN OF WENHAM ASSOCIATION OF WENHAM

By:______By:______Deleted: ¶

Name:______Date: Jack Wilhelm Date: Deleted: ohn Clemenzi

Chair, Board of Selectmen Deleted: ¶ ¶

By:______By:______

Name: ______Date: John Clemenzi Date: Deleted: Ja Vice Chair, Board of Selectmen Deleted: ck Wilhelm Deleted: ¶

Deleted: ¶ By:______Catherine Harrison Date: Clerk, Board of Selectmen

ATTACHMENT A

TRAINING REIMBURSEMENT AGREEMENT BETWEEN TOWN OF WENHAM AND INSERT NAME

This agreement is made this ______day of ______, 20 __ by and between the Town of Wenham, acting by and through its Board of Selectmen ("Town") and Mr./Mrs. insert Name (hereinafter "Police Officer Candidate"). 1. The Police Officer Candidate understands that the Town is committing resources to send the Police Officer Candidate to the Massachusetts Municipal Police Recruit Academy ("Police Academy") and/or to provide the Police Officer Candidate with various other training at the Town's expense as a result of the Town's hiring of said Candidate as a Police Officer. In consideration of the Candidate's attendance at the Police Academy and the other training costs incurred by the Town, the Police Officer Candidate agrees to remain in the Town's employ as a Police Officer for a minimum of three (3) years from the Candidate's date of hire.

2. In the event the Police Officer Candidate voluntarily resigns his/her position prior to the completion of three (3) years of service with the Town, the Police Officer Candidate will issue payment to the Town in the prorated amounts set forth below as reimbursement for the Police Academy and/or other training costs incurred by the Town with respect to the Police Officer Candidate. Said payment shall be due and payable to the Town within thirty (30) days from the date of the Police Officer Candidate's separation of employment.

• Less than one (1) year 100% ($_____) • More than one (1) year, 66% ($_____) • More than two (2) 33% ($_____) • Three (3) or more years 0% ($ 0.00)

The Police Officer Candidate agrees to indemnify the Town for any collection costs, including reasonable attorneys' fees, the Town may incur in any action to collect any amounts due under this Agreement.

3. The Police Officer Candidate acknowledges that, by this Agreement, he/she has been advised, in writing, that he/she may consult legal counsel prior to signing the Agreement and that to the extent he/she has wanted to consult with legal counsel, he/she has done so.

4. The Police Officer Candidate acknowledges that he/she has thoroughly read this Agreement, that he/she understands it, and that he/she is entering into it of his/her own free will.

5. This Agreement will be interpreted and construed for all purposes under the laws of the Commonwealth of Massachusetts.

6. This Agreement is being entered into by the parties pursuant to the terms of the agreement between the Town and the ______Union.

Town of Wenham: Police Officer Candidate:

______Date Insert Name Date

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 G John

New Business – Grant Acceptance Acceptance of Municipal Energy Technical Grant and Execute Contract with MassDOER Requested by: Vicky Masone, 10/27/2019 Action Sought: Grant Acceptance & Execute Contract

Proposed Motion(s)

MOVE that the Board of Selectmen accept the Municipal Technical Assistance grant award in the amount of $12,500 from the Massachusetts Department of Energy Resources and authorize the Chair to execute the contract on behalf of the Board.

Additional Information

This is the $12,500 grant that will pay for a consultant to come in, study the HVAC controls system and utility use at the Library, and develop a scope of work for a retrocommissioning project. The idea would be to use a future phase of Green Communities funding to then implement the project.

See grant contract and attachments.

Board Action

Motion Second In favor Opposed Disposition TABLE OF CONTENTS

DEPARTMENT OF ENERGY RESOURCES PON-ENE-2019-008 MUNICIPAL ENERGY TECHNICAL ASSISTANCE GRANT PROGRAM

TOWN OF WENHAM ISSUED OCTOBER 2019

I. THE COMMONWEALTH STANDARD CONTRACT FORM

II. BACKGROUND

III. ATTACHMENT A: DOER PON-ENE-2019-008

IV. ATTACHMENT B: GRANTEE RESPONSE

V. ATTACHMENT C: SCOPE OF GRANT AWARD

VI. ATTACHMENT D: REQUEST FOR PAYMENT FORM

VII. ATTACHMENT E: BUDGET

VIII. THE COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT ATTACHMENTS

1. COMMONWEALTH TERMS AND CONDITIONS 2. GRANTEE AUTHORIZED SIGNATORY LISTING 3. W-9 FORM 4. EFT

I. COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM

This form is jointly issued and published by the Executive Office for Administration and Finance (ANF), the Office of the Comptroller (CTR) and the Operational Services Division (OSD) as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. Any changes to the official printed language of this form shall be void. Additional non-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions, instructions and legal requirements that are incorporated by reference into this Contract. An electronic copy of this form is available at www.mass.gov/osc under Guidance For Vendors - Forms or www.mass.gov/osd under OSD Forms. CONTRACTOR LEGAL NAME: (and d/b/a): Town of Wenham COMMONWEALTH DEPARTMENT NAME: Department of Energy Resources MMARS Department Code: DOER-ENE Legal Address: (W-9, W-4,T&C): 138 Main St., Wenham, MA 01984 Business Mailing Address: 100 Cambridge Street, Suite 1020, Boston, MA 02114 Contract Manager: Victoria Masone, P.E. Billing Address (if different): E-Mail: [email protected] Contract Manager: Paul Carey Phone: 978-853-5112 Fax: E-Mail: [email protected] Contractor Vendor Code: Phone: 617-626-7372 Fax: 617-727-0300 Vendor Code Address ID (e.g. “AD001”): AD001. MMARS Doc ID(s): (Note: The Address Id Must be set up for EFT payments.) RFR/Procurement or Other ID Number: PON-ENE-2019-008 X NEW CONTRACT CONTRACT AMENDMENT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) Enter Current Contract End Date Prior to Amendment: , 20 . Statewide Contract (OSD or an OSD-designated Department) Enter Amendment Amount: $ . (or “no change”) Collective Purchase (Attach OSD approval, scope, budget) AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.) X Department Procurement (includes State or Federal grants 815 CMR 2.00) Amendment to Scope or Budget (Attach updated scope and budget) (Attach PON and Response or other procurement supporting documentation) Interim Contract (Attach justification for Interim Contract and updated scope/budget) Emergency Contract (Attach justification for emergency, scope, budget) Contract Employee (Attach Employment Status Form, scope, budget) Contract Employee (Attach any updates to scope or budget) Legislative/Legal or Other: (Attach authorizing language/justification, scope and Legislative/Legal or Other: (Attach authorizing language/justification and updated budget) scope and budget) The following COMMONWEALTH TERMS AND CONDITIONS (T&C) has been executed, filed with CTR and is incorporated by reference into this Contract. X Commonwealth Terms and Conditions Commonwealth Terms and Conditions For Human and Social Services COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for Commonwealth owed debts under 815 CMR 9.00. Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.) X Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract is being amended). $12,500 PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days % PPD; Payment issued within 15 days % PPD; Payment issued within 20 days % PPD; Payment issued within 30 days % PPD. If PPD percentages are left blank, identify reason: X agree to standard 45 day cycle statutory/legal or Ready Payments (G.L. c. 29, § 23A); only initial payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.) BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope of performance or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.) This contract is to provide funds to the Town of Wenham for a commissioning study. ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations: X 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date. 2. may be incurred as of , 20 , a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. 3. were incurred as of , 20 , a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of September 30, 2021, with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified above, subject to any required approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract and doing business in Massachusetts are attached or incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and Conditions, this Standard Contract Form including the Instructions and Contractor Certifications, the Request for Response (PON) or other solicitation, the Contractor’s Response, and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the PON and the Contractor’s Response only if made using the process outlined in 801 CMR 21.07, incorporated herein, provided that any amended PON or Response terms result in best value, lower costs, or a more cost effective Contract. AUTHORIZING SIGNATURE FOR THE CONTRACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:

X: . Date: . X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature) (Signature and Date Must Be Handwritten At Time of Signature)

Print Name: Jack Wilhelm . Print Name: Max Tassinari . Print Title: Chair, Board of Selectmen . Print Title: Chief Financial Officer .

DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 2 | Page I. COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM

INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS PROCUREMENT OR EXCEPTION TYPE: Check the appropriate type of procurement or The following instructions and terms are incorporated by reference and apply to this Standard exception for this Contract. Only one option can be selected. See State Finance Law and General Requirements, Acquisition Policy and Fixed Assets, the Commodities and Services Contract Form. Text that appears underlined indicates a "hyperlink" to an Internet or bookmarked site and are unofficial versions of these documents and Departments and Policy and the Procurement Information Center (Department Contract Guidance) for details. Contractors should consult with their legal counsel to ensure compliance with all legal Statewide Contract (OSD or an OSD-designated Department). Check this option for a requirements. Using the Web Toolbar will make navigation between the form and the Statewide Contract under OSD, or by an OSD-designated Department. hyperlinks easier. Please note that not all applicable laws have been cited. Collective Purchase approved by OSD. Check this option for Contracts approved by OSD CONTRACTOR LEGAL NAME (AND D/B/A): Enter the Full Legal Name of the Contractor's for collective purchases through federal, state, local government or other entities. business as it appears on the Contractor's W-9 or W-4 Form (Contract Employees only) and Department Contract Procurement. Check this option for a Department procurement the applicable Commonwealth Terms and Conditions If Contractor also has a “doing business including state grants and federal sub-grants under 815 CMR 2.00 and State Grants and as” (d/b/a) name, BOTH the legal name and the “d/b/a” name must appear in this section. Federal Subgrants Policy, Departmental Master Agreements (MA). If multi-Department user Contractor Legal Address: Enter the Legal Address of the Contractor as it appears on the Contract, identify multi-Department use is allowable in Brief Description. Contractor's W-9 or W-4 Form (Contract Employees only) and the applicable Commonwealth Emergency Contract. Check this option when the Department has determined that an Terms and Conditions, which must match the legal address on the 1099I table in MMARS (or unforeseen crisis or incident has arisen which requires or mandates immediate purchases to the Legal Address in HR/CMS for Contract Employee). avoid substantial harm to the functioning of government or the provision of necessary or Contractor Contract Manager: Enter the authorized Contract Manager who will be mandated services or whenever the health, welfare or safety of clients or other persons or responsible for managing the Contract. The Contract Manager should be an Authorized serious damage to property is threatened. Signatory or, at a minimum, a person designated by the Contractor to represent the Contract Employee. Check this option when the Department requires the performance of Contractor, receive legal notices and negotiate ongoing Contract issues. The Contract an Individual Contractor, and when the planned Contract performance with an Individual has Manager is considered “Key Personnel” and may not be changed without the prior written been classified using the Employment Status Form (prior to the Contractor's selection) as approval of the Department. If the Contract is posted on COMMBUYS, the name of the work of a Contract Employee and not that of an Independent Contractor. Contract Manager must be included in the Contract on COMMBUYS. Legislative/Legal or Other. Check this option when legislation, an existing legal obligation, Contractor E-Mail Address/Phone/Fax: Enter the electronic mail (e-mail) address, phone prohibition or other circumstance exempts or prohibits a Contract from being competitively and fax number of the Contractor Contract Manager. This information must be kept current procured, or identify any other procurement exception not already listed. Legislative by the Contractor to ensure that the Department can contact the Contractor and provide any “earmarks” exempt the Contract solely from procurement requirements, and all other Contract required legal notices. Notice received by the Contract Manager (with confirmation of actual and state finance laws and policies apply. Supporting documentation must be attached to receipt) through the listed address, fax number(s) or electronic mail address will meet any explain and justify the exemption. written legal notice requirements. CONTRACT AMENDMENT (Right Side of Form) Contractor Vendor Code: The Department must enter the MMARS Vendor Code assigned Complete this section for any Contract being renewed, amended or to continue a lapsed by the Commonwealth. If a Vendor Code has not yet been assigned, leave this space blank Contract. All Contracts with available options to renew must be amended referencing the and the Department will complete this section when a Vendor Code has been assigned. The original procurement and Contract doc ids, since all continuing contracts must be maintained Department is responsible under the Vendor File and W-9s Policy for verifying with authorized in the same Contract file (even if the underlying appropriation changes each fiscal year.) “See signatories of the Contractor, as part of contract execution, that the legal name, address and Amendments, Suspensions, and Termination Policy.) Federal Tax Identification Number (TIN) in the Contract documents match the state Enter Current Contract End Date: Enter the termination date of the Current Contract being accounting system. amended, even if this date has already passed. (Note: Current Start Date is not requested Vendor Code Address ID: (e.g., “AD001”) The Department must enter the MMARS Vendor since this date does not change and is already recorded in MMARS.) Code Address Id identifying the payment remittance address for Contract payments, which Enter Amendment Amount: Enter the amount of the Amendment increase or decrease to MUST be set up for EFT payments PRIOR to the first payment under the Contract in a Maximum Obligation Contract. Enter “no change” for Rate Contracts or if no change. accordance with the Bill Paying and Vendor File and W-9 policies. AMENDMENT TYPE: Identify the type of Amendment being done. Documentation supporting COMMONWEALTH DEPARTMENT NAME: Enter the full Department name with the the updates to performance and budget must be attached. Amendment to Scope or authority to obligate funds encumbered for the Contract. Budget. Check this option when renewing a Contract or executing any Amendment (“material Commonwealth MMARS Alpha Department Code: Enter the three (3) letter MMARS Code change” in Contract terms) even if the Contract has lapsed. The parties may negotiate a assigned to this Commonwealth Department in the state accounting system. change in any element of Contract performance or cost identified in the RFR or the Department Business Mailing Address: Enter the address where all formal Contractor’s response which results in lower costs, or a more cost-effective or better value correspondence to the Department must be sent. Unless otherwise specified in the Contract, performance than was presented in the original selected response, provided the negotiation legal notice sent or received by the Department’s Contract Manager (with confirmation of results in a better value within the scope of the RFR than what was proposed by the actual receipt) through the listed address, fax number(s) or electronic mail address for the Contractor in the original selected response. Any “material” change in the Contract terms Contract Manager will meet any requirements for legal notice. must be memorialized in a formal Amendment even if a corresponding MMARS transaction Department Billing Address: Enter the Billing Address or email address if invoices must is not needed to support the change. Additional negotiated terms will take precedence over be sent to a different location. Billing or confirmation of delivery of performance issues should the relevant terms in the RFR and the Contractor’s Response only if made using the process be resolved through the listed Contract Managers. outlined in 801 CMR 21.07, incorporated herein, provided that any amended RFR or Department Contract Manager: Identify the authorized Contract Manager who will be Response terms result in best value, lower costs, or a more cost effective Contract. responsible for managing the Contract, who should be an authorized signatory or an Interim Contracts. Check this option for an Interim Contract to prevent a lapse of Contract employee designated by the Department to represent the Department to receive legal notices performance whenever an existing Contract is being re-procured but the new procurement and negotiate ongoing Contract issues. has not been completed, to bridge the gap during implementation between an expiring and a Department E-Mail Address/Phone/Fax: Enter the electronic mail (e-mail) address, phone new procurement, or to contract with an interim Contractor when a current Contractor is and fax number of the Department Contract Manager. Unless otherwise specified in the unable to complete full performance under a Contract. Contract, legal notice sent or received by the Contract Manager (with confirmation of actual Contract Employee. Check this option when the Department requires a renewal or other receipt) through the listed address, fax number(s) or electronic mail address will meet any amendment to the performance of a Contract Employee. requirements for written notice under the Contract. Legislative/Legal or Other. Check this option when legislation, an existing legal obligation, MMARS Document ID(s): Enter the MMARS 20 character encumbrance transaction number prohibition or other circumstance exempts or prohibits a Contract from being competitively associated with this Contract which must remain the same for the life of the Contract. If procured, or identify any other procurement exception not already listed. Legislative multiple numbers exist for this Contract, identify all Doc Ids. “earmarks” exempt the Contract solely from procurement requirements, and all other Contract RFR/Procurement or Other ID Number or Name: Enter the Request for Response (RFR) and state finance laws and policies apply. Attach supporting documentation to explain and or other Procurement Reference number, Contract ID Number or other reference/tracking justify the exemption and whether Contractor selection has been publicly posted. number for this Contract or Amendment and will be entered into the Board Award Field in the COMMONWEALTH TERMS AND CONDITIONS MMARS encumbrance transaction for this Contract. Identify which Commonwealth Terms and Conditions the Contractor has executed and is NEW CONTRACTS (left side of Form): incorporated by reference into this Contract. This Form is signed only once and recorded on Complete this section ONLY if this Contract is brand new. (Complete the CONTRACT the Vendor Customer File (VCUST). See Vendor File and W-9s Policy. AMENDMENT section for any material changes to an existing or an expired Contract, COMPENSATION and for exercising options to renew or annual contracts under a multi-year procurement or grant program.) DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 3 | Page I. COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM

Identify if the Contract is a Rate Contract (with no stated Maximum Obligation) or a Contract and prior to the end of the fiscal year in which payments are appropriated, provided Maximum Obligation Contract (with a stated Maximum Obligation) and identify the that any close out performance is subject to appropriation and funding limits under state Maximum Obligation. If the Contract is being amended, enter the new Maximum Obligation finance law, and CTR may adjust encumbrances and payments in the state accounting based upon the increase or decreasing Amendment. The Total Maximum Obligation must system to enable final close out payments. Performance dates are subject to G.L. c.4, § 9. reflect the total funding for the dates of service under the contract, including the Amendment CERTIFICATIONS AND EXECUTION amount if the Contract is being amended. The Maximum Obligation must match the MMARS See Department Head Signature Authorization Policy and the Contractor Authorized encumbrance. Funding and allotments must be verified as available and encumbered prior Signatory Listing for policies on Contractor and Department signatures. to incurring obligations. If a Contract includes both a Maximum Obligation component and Rate Contract component, check off both, specific Maximum Obligation amounts or amended Authorizing Signature for Contractor/Date: The Authorized Contractor Signatory must (in amounts and Attachments must clearly outline the Contract breakdown to match the their own handwriting and in ink) sign AND enter the date the Contract is signed. See section encumbrance. above under “Anticipated Contract Start Date”. Acceptance of payment by the Contractor shall waive any right of the Contractor to claim the Contract/Amendment is not valid and the PAYMENTS AND PROMPT PAY DISCOUNTS Contractor may not void the Contract. Rubber stamps, typed or other images are not Payments are processed within a 45 day payment cycle through EFT in accordance with the acceptable. Proof of Contractor signature authorization on a Contractor Authorized Commonwealth Bill Paying Policy for investment and cash flow purposes. Departments may Signatory Listing may be required by the Department if not already on file. NOT negotiate accelerated payments and Payees are NOT entitled to accelerated payments Contractor Name /Title: The Contractor Authorized Signatory’s name and title must appear UNLESS a prompt payment discount (PPD) is provided to support the Commonwealth’s loss legibly as it appears on the Contractor Authorized Signatory Listing. of investment earnings for this earlier payment, or unless a payments is legally mandated to Authorizing Signature For Commonwealth/Date: The Authorized Department Signatory be made in less than 45 days (e.g., construction contracts, Ready Payments under G.L. c. must (in their own handwriting and in ink) sign AND enter the date the Contract is signed. 29, s. 23A). See Prompt Pay Discounts Policy. PPD are identified as a percentage discount See section above under “Anticipated Start Date”. Rubber stamps, typed or other images which will be automatically deducted when an accelerated payment is made. Reduced are not accepted. The Authorized Signatory must be an employee within the Department contracts rates may not be negotiated to replace a PPD. If PPD fields are left blank please legally responsible for the Contract. See Department Head Signature Authorization. The identify that the Contractor agrees to the standard 45 day cycle; a statutory/legal exemption Department must have the legislative funding appropriated for all the costs of this Contract such as Ready Payments (G.L. c. 29, § 23A); or only an initial accelerated payment for or funding allocated under an approved Interdepartmental Service Agreement (ISA). A reimbursements or start up costs for a grant, with subsequent payments scheduled to support Department may not contract for performance to be delivered to or by another state standard EFT 45 day payment cycle. Financial hardship is not a sufficient justification to department without specific legislative authorization (unless this Contract is a Statewide accelerate cash flow for all payments under a Contract. Initial grant or contract payments Contract). For Contracts requiring Secretariat signoff, evidence of Secretariat signoff must may be accelerated for the first invoice or initial grant installment, but subsequent periodic be included in the Contract file. installments or invoice payments should be scheduled to support the Payee cash flow needs Department Name /Title: Enter the Authorized Signatory’s name and title legibly. and the standard 45 day EFT payment cycle in accordance with the Bill Paying Policy. Any accelerated payment that does not provide for a PPD must have a legal justification in CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES Contract file for audit purposes explaining why accelerated payments were allowable without Notwithstanding verbal or other representations by the parties, the “Effective Date” of this a PPD. Contract or Amendment shall be the latest date that this Contract or Amendment has been BRIEF DESCRIPTION OF CONTRACT PERFORMANCE executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date specified, subject to any required approvals. The Contractor makes Enter a brief description of the Contract performance, project name and/or other identifying all certifications required under this Contract under the pains and penalties of perjury, and information for the Contract to specifically identify the Contract performance, match the agrees to provide any required documentation upon request to support compliance, and Contract with attachments, determine the appropriate expenditure code (as listed in the agrees that all terms governing performance of this Contract and doing business in Expenditure Classification Handbook) or to identify or clarify important information related to Massachusetts are attached or incorporated by reference herein: the Contract such as the Fiscal Year(s) of performance (ex. “FY2012” or “FY2012-14”). Commonwealth and Contractor Ownership RIghts. The Contractor certifies and agrees Identify settlements or other exceptions and attach more detailed justification and supporting that the Commonwealth is entitled to ownership and possession of all “deliverables” documents. Enter “Multi-Department Use” if other Departments can access procurement. For purchased or developed with Contract funds. A Department may not relinquish Amendments, identify the purpose and what items are being amended. Merely stating "see Commonwealth rights to deliverables nor may Contractors sell products developed with attached" or referencing attachments without a narrative description of performance is Commonwealth resources without just compensation. The Contract should detail all insufficient. Commonwealth deliverables and ownership rights and any Contractor proprietary rights. ANTICIPATED START DATE Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified The Department and Contractor must certify WHEN obligations under this to perform this Contract; that performance shall be timely and meet or exceed industry Contract/Amendment may be incurred. Option 1 is the default option when performance may standards for the performance required, including obtaining requisite licenses, registrations, begin as of the Effective Date (latest signature date and any required approvals). If the permits, resources for performance, and sufficient professional, liability; and other parties want a new Contract or renewal to begin as of the upcoming fiscal year then list the appropriate insurance to cover the performance. If the Contractor is a business, the fiscal year(s) (ex. “FY2012” or “FY2012-14”) in the Brief Description section. Performance Contractor certifies that it is listed under the Secretary of State’s website as licensed to do starts and encumbrances reflect the default Effective Date (if no FY is listed) or the later FY business in Massachusetts, as required by law. start date (if a FY is listed). Use Option 2 only when the Contract will be signed well in Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that advance of the start date and identify a specific future start date. Do not use Option 2 for a performance under this Contract, in addition to meeting the terms of the Contract, will be fiscal year start unless it is certain that the Contract will be signed prior to fiscal year. Option made using ethical business standards and good stewardship of taxpayer and other public 3 is used in lieu of the Settlement and Release Form when the Contract/Amendment is signed funding and resources to prevent fraud, waste and abuse. late, and obligations have already been incurred by the Contractor prior to the Effective Date Collusion. The Contractor certifies that this Contract has been offered in good faith and for which the Department has either requested, accepted or deemed legally eligible for without collusion, fraud or unfair trade practices with any other person, that any actions to reimbursement, and the Contract includes supporting documents justifying the performance avoid or frustrate fair and open competition are prohibited by law, and shall be grounds for or proof of eligibility, and approximate costs. Any obligations incurred outside the scope of rejection or disqualification of a Response or termination of this Contract. the Effective Date under any Option listed, even if the incorrect Option is selected, shall be Public Records and Access The Contractor shall provide full access to records related to automatically deemed a settlement included under the terms of the Contract and upon performance and compliance to the Department and officials listed under Executive Order payment to the Contractor will release the Commonwealth from further obligations for the 195 and G.L. c. 11, s.12 seven (7) years beginning on the first day after the final payment identified performance. All settlement payments require justification and must be under same under this Contract or such longer period necessary for the resolution of any litigation, claim, encumbrance and object codes as the Contract payments. Performance dates are subject negotiation, audit or other inquiry involving this Contract. Access to view Contractor records to G.L. c.4, § 9. related to any breach or allegation of fraud, waste and/or abuse may not be denied and CONTRACT END DATE Contractor can not claim confidentiality or trade secret protections solely for viewing but not The Department must enter the date that Contract performance will terminate. If the retaining documents. Routine Contract performance compliance reports or documents Contract is being amended and the Contract End Date is not changing, this date must related to any alleged breach or allegation of non-compliance, fraud, waste, abuse or be re-entered again here. A Contract must be signed for at least the initial duration but not collusion may be provided electronically and shall be provided at Contractor’s own expense. longer than the period of procurement listed in the RFR, or other solicitation document (if Reasonable costs for copies of non-routine Contract related records shall not exceed the applicable). No new performance is allowable beyond the end date without an amendment, rates for public records under 950 C.M.R. 32.00. but the Department may allow a Contractor to complete minimal close out performance Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently obligations if substantial performance has been made prior to the termination date of the debarred or suspended by the federal or state government under any law or regulation DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 4 | Page I. COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM including, Executive Order 147; G.L. c. 29, s. 29F G.L. c.30, § 39R, G.L. c.149, § 27C, G.L. backups or systems containing personal data and information, provided further that the c.149, § 44C, G.L. c.149, § 148B and G.L. c. 152, s. 25C. Contractor is required to ensure that any personal data or information transmitted Applicable Laws. The Contractor shall comply with all applicable state laws and regulations electronically or through a portable device be properly encrypted using (at a minimum) including but not limited to the applicable Massachusetts General Laws; the Official Code of Information Technology Division (ITD) Protection of Sensitive Information, provided further Massachusetts Regulations; Code of Massachusetts Regulations (unofficial); 801 CMR that any Contractor having access to credit card or banking information of Commonwealth 21.00 (Procurement of Commodity and Service Procurements, Including Human and Social customers certifies that the Contractor is PCI compliant in accordance with the Payment Card Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR 1.00 (Compliance, Reporting Industry Council Standards and shall provide confirmation compliance during the Contract, and Auditing for Human And Social Services); AICPA Standards; confidentiality of provide further that the Contractor shall immediately notify the Department in the event of any Department records under G.L. c. 66A; and the Massachusetts Constitution Article XVIII if security breach including the unauthorized access, disbursement, use or disposal of personal applicable. data or information, and in the event of a security breach, the Contractor shall cooperate fully Invoices. The Contractor must submit invoices in accordance with the terms of the Contract with the Commonwealth and provide access to any information necessary for the and the Commonwealth Bill Paying Policy. Contractors must be able to reconcile and properly Commonwealth to respond to the security breach and shall be fully responsible for any attribute concurrent payments from multiple Departments. Final invoices in any fiscal year damages associated with the Contractor’s breach including but not limited to G.L. c. 214, s. must be submitted no later than August 15th for performance made and received (goods 3B. delivered, services completed) prior to June 30th, in order to make payment for that Corporate and Business Filings and Reports. The Contractor certifies compliance with performance prior to the close of the fiscal year to prevent reversion of appropriated funds. any certification, filing, reporting and service of process requirements of the Secretary of the Failure to submit timely invoices by August 15th or other date listed in the Contract shall Commonwealth, the Office of the Attorney General or other Departments as related to its authorize the Department to issue an estimated payment based upon the Department’s conduct of business in the Commonwealth; and with its incorporating state (or foreign entity). determination of performance delivered and accepted. The Contractor’s acceptance of this Employer Requirements. Contractors that are employers certify compliance with applicable estimated payment releases the Commonwealth from further claims for these invoices. If state and federal employment laws or regulations, including but not limited to G.L. c. 5, s. 1 budgetary funds revert due to the Contractor’s failure to submit timely final invoices, or for (Prevailing Wages for Printing and Distribution of Public Documents); G.L. c. 7, s. 22 disputing an estimated payment, the Department may deduct a penalty up to 10% from any (Prevailing Wages for Contracts for Meat Products and Clothing and Apparel); minimum final payment in the next fiscal year for failure to submit timely invoices. wages and prevailing wage programs and payments; unemployment insurance and Payments Subject To Appropriation. Pursuant to G.L. c. 29 § 26, § 27 and § 29, contributions; workers’ compensation and insurance, child labor laws, AGO fair labor Departments are required to expend funds only for the purposes set forth by the Legislature practices; G.L. c. 149 (Labor and Industries); G.L. c. 150A (Labor Relations); G.L. c. 151 and and within the funding limits established through appropriation, allotment and subsidiary, 455 CMR 2.00 (Minimum Fair Wages); G.L. c. 151A (Employment and Training); G. L. c. including mandated allotment reductions triggered by G.L. c. 29, § 9C. A Department cannot 151B (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); G.L. c. 152 (Workers’ authorize or accept performance in excess of an existing appropriation and allotment, or Compensation); G.L. c.153 (Liability for Injuries); 29 USC c. 8 (Federal Fair Labor Standards); sufficient non-appropriated available funds. Any oral or written representations, 29 USC c. 28 and the Federal Family and Medical Leave Act. commitments, or assurances made by the Department or any other Commonwealth Federal And State Laws And Regulations Prohibiting Discrimination including but not representative are not binding. The Commonwealth has no legal obligation to compensate a limited to the Federal Equal Employment Oppurtunity (EEO) Laws the Americans with Contractor for performance that is not requested and is intentionally delivered by a Contractor Disabilities Act,; 42 U.S.C Sec. 12,101, et seq., the Rehabilitation Act, 29 USC c. 16 s. 794; outside the scope of a Contract. Contractors should verify funding prior to beginning 29 USC c. 16. s. 701; 29 USC c. 14, 623; the 42 USC c. 45; (Federal Fair Housing Act); G. performance. L. c. 151B (Unlawful Discrimination); G.L. c. 151E (Business Discrimination); the Public Intercept. Contractors may be registered as Customers in the Vendor file if the Contractor Accommodations Law G.L. c. 272, s. 92A; G.L. c. 272, s. 98 and 98A, Massachusetts owes a Commonwealth debt. Unresolved and undisputed debts, and overpayments of Constitution Article CXIV and G.L. c. 93, s. 103; 47 USC c. 5, sc. II, Part II, s. 255 Contract payments that are not reimbursed timely shall be subject to intercept pursuant to (Telecommunication Act; Chapter 149, Section 105D, G.L. c. 151C, G.L. c. 272, Section G.L. c. 7A, s. 3 and 815 CMR 9.00. Contract overpayments will be subject to immediate 92A, Section 98 and Section 98A, and G.L. c. 111, Section 199A, and Massachusetts intercept or payment offset. The Contractor may not penalize any state Department or assess Disability-Based Non-Discrimination Standards For Executive Branch Entities, and related late fees, cancel a Contract or other services if amounts are intercepted or offset due to Standards and Guidance, authorized under Massachusetts Executive Order or any disability- recoupment of an overpayment, outstanding taxes, child support, other overdue debts or based protection arising from state or federal law or precedent. See also MCAD and MCAD Contract overpayments. links and Resources. Tax Law Compliance. The Contractor certifies under the pains and penalties of perjury tax Small Business Purchasing Program (SBPP). A Contractor may be eligible to participate compliance with Federal tax laws; state tax laws including but not limited to G.L. c. 62C, G.L. in the SBPP, created pursuant to Executive Order 523, if qualified through the SBPP c. 62C, s. 49A; compliance with all state tax laws, reporting of employees and contractors, COMMBUYS subscription process at: www.commbuys.com and with acceptance of the withholding and remitting of tax withholdings and child support and is in good standing with terms of the SBPP participation agreement. respect to all state taxes and returns due; reporting of employees and contractors under G.L. Limitation of Liability for Information Technology Contracts (and other Contracts as c. 62E, withholding and remitting child support including G.L. c. 119A, s. 12; TIR 05-11; New Authorized). The Information Technology Mandatory Specifications and the IT Acquisition Independent Contractor Provisions and applicable TIRs. Accessibility Contract Language are incorporated by reference into Information Technology Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and Contracts. The following language will apply to Information Technology contracts in the U01, Conflicts. The Contractor certifies it has not been in bankruptcy and/or receivership within U02, U03, U04, U05, U06, U07, U08, U09, U10, U75, U98 object codes in the Expenditure the last three calendar years, and the Contractor certifies that it will immediately notify the Classification Handbook or other Contracts as approved by CTR or OSD. Pursuant to Department in writing at least 45 days prior to filing for bankruptcy and/or receivership, any Section 11. Indemnification of the Commonwealth Terms and Conditions, the term “other potential structural change in its organization, or if there is any risk to the solvency of the damages” shall include, but shall not be limited to, the reasonable costs the Commonwealth Contractor that may impact the Contractor’s ability to timely fulfill the terms of this Contract incurs to repair, return, replace or seek cover (purchase of comparable substitute or Amendment. The Contractor certifies that at any time during the period of the Contract commodities and services) under a Contract. “Other damages” shall not include damages to the Contractor is required to affirmatively disclose in writing to the Department Contract the Commonwealth as a result of third party claims, provided, however, that the foregoing in Manager the details of any judgment, criminal conviction, investigation or litigation pending no way limits the Commonwealth’s right of recovery for personal injury or property damages against the Contractor or any of its officers, directors, employees, agents, or subcontractors, or patent and copyright infringement under Section 11 nor the Commonwealth’s ability to join including any potential conflicts of interest of which the Contractor has knowledge, or learns the contractor as a third party defendant. Further, the term “other damages” shall not include, of during the Contract term. Law firms or Attorneys providing legal services are required to and in no event shall the contractor be liable for, damages for the Commonwealth’s use of identify any potential conflict with representation of any Department client in accordance with contractor provided products or services, loss of Commonwealth records, or data (or other Massachusetts Board of Bar Overseers (BBO) rules. intangible property), loss of use of equipment, lost revenue, lost savings or lost profits of the Federal Anti-Lobbying and Other Federal Requirements. If receiving federal funds, the Commonwealth. In no event shall “other damages” exceed the greater of $100,000, or two Contractor certifies compliance with federal anti-lobbying requirements including 31 USC times the value of the product or service (as defined in the Contract scope of work) that is the 1352; other federal requirements; Executive Order 11246; Air Pollution Act; Federal Water subject of the claim. Section 11 sets forth the contractor’s entire liability under a Contract. Pollution Control Act and Federal Employment Laws. Nothing in this section shall limit the Commonwealth’s ability to negotiate higher limitations Protection of Personal Data and Information. The Contractor certifies that all steps will of liability in a particular Contract, provided that any such limitation must specifically reference be taken to ensure the security and confidentiality of all Commonwealth data for which the Section 11 of the Commonwealth Terms and Conditions. In the event the limitation of liability Contractor becomes a holder, either as part of performance or inadvertently during conflicts with accounting standards which mandate that there can be no cap of damages, the performance, with special attention to restricting access, use and disbursement of personal limitation shall be considered waived for that audit engagement. These terms may be applied data and information under G.L. c. 93H and c. 66A and Executive Order 504. The Contractor to other Contracts only with prior written confirmation from the Operational Services Division is required to comply with G.L. c. 93I for the proper disposal of all paper and electronic media, or the Office of the Comptroller. The terms in this Clarification may not be modified. Northern Ireland Certification. Pursuant to G.L. c. 7 s. 22C for state agencies, state DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 5 | Page I. COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM authorities, the House of Representatives or the state Senate, by signing this Contract the Executive Order 444. Disclosure of Family Relationships With Other State Employees. Contractor certifies that it does not employ ten or more employees in an office or other facility Each person applying for employment (including Contract work) within the Executive Branch in Northern Ireland and if the Contractor employs ten or more employees in an office or other under the Governor must disclose in writing the names of all immediate family related to facility located in Northern Ireland the Contractor certifies that it does not discriminate in immediate family by marriage who serve as employees or elected officials of the employment, compensation, or the terms, conditions and privileges of employment on Commonwealth. All disclosures made by applicants hired by the Executive Branch under the account of religious or political belief; and it promotes religious tolerance within the work Governor shall be made available for public inspection to the extent permissible by law by place, and the eradication of any manifestations of religious and other illegal discrimination; the official with whom such disclosure has been filed. and the Contractor is not engaged in the manufacture, distribution or sale of firearms, Executive Order 504. Regarding the Security and Confidentiality of Personal Information. munitions, including rubber or plastic bullets, tear gas, armored vehicles or military aircraft For all Contracts involving the Contractor’s access to personal information, as defined in G.L. for use or deployment in any activity in Northern Ireland. c. 93H, and personal data, as defined in G.L. c. 66A, owned or controlled by Executive Pandemic, Disaster or Emergency Performance. In the event of a serious emergency, Department agencies, or access to agency systems containing such information or data pandemic or disaster outside the control of the Department, the Department may negotiate (herein collectively “personal information”), Contractor certifies under the pains and penalties emergency performance from the Contractor to address the immediate needs of the of perjury that the Contractor (1) has read Commonwealth of Massachusetts Executive Order Commonwealth even if not contemplated under the original Contract or procurement. 504 and agrees to protect any and all personal information; and (2) has reviewed all of the Payments are subject to appropriation and other payment terms. Commonwealth Information Technology Division’s Security Policies. Notwithstanding Consultant Contractor Certifications (For Consultant Contracts “HH” and “NN” and “U05” any contractual provision to the contrary, in connection with the Contractor’s performance object codes subject to G.L. Chapter 29, s. 29A). Contractors must make required under this Contract, for all state agencies in the Executive Department, including all executive disclosures as part of the RFR Response or using the Consultant Contractor Mandatory offices, boards, commissions, agencies, departments, divisions, councils, bureaus, and Submission Form. offices, now existing and hereafter established, the Contractor shall: (1) obtain a copy, review, Attorneys. Attorneys or firms providing legal services or representing Commonwealth and comply with the contracting agency’s Information Security Program (ISP) and any Departments may be subject to G.L. c. 30, s. 65, and if providing litigation services must be pertinent security guidelines, standards, and policies; (2) comply with all of the approved by the Office of the Attorney General to appear on behalf of a Department, and Commonwealth of Massachusetts Information Technology Division’s “Security Policies”) (3) shall have a continuing obligation to notify the Commonwealth of any conflicts of interest communicate and enforce the contracting agency’s ISP and such Security Policies against arising under the Contract. all employees (whether such employees are direct or contracted) and subcontractors; (4) Subcontractor Performance. The Contractor certifies full responsibility for Contract implement and maintain any other reasonable appropriate security procedures and practices performance, including subcontractors, and that comparable Contract terms will be included necessary to protect personal information to which the Contractor is given access by the in subcontracts, and that the Department will not be required to directly or indirectly manage contracting agency from the unauthorized access, destruction, use, modification, disclosure subcontractors or have any payment obligations to subcontractors. . or loss; (5) be responsible for the full or partial breach of any of these terms by its employees EXECUTIVE ORDERS (whether such employees are direct or contracted) or subcontractors during or after the term For covered Executive state Departments, the Contractor certifies compliance with applicable of this Contract, and any breach of these terms may be regarded as a material breach of this Executive Orders (see also Massachusetts Executive Orders), including but not limited to the Contract; (6) in the event of any unauthorized access, destruction, use, modification, specific orders listed below. A breach during period of a Contract may be considered a disclosure or loss of the personal information (collectively referred to as the “unauthorized material breach and subject Contractor to appropriate monetary or Contract sanctions. use”): (a) immediately notify the contracting agency if the Contractor becomes aware of the unauthorized use; (b) provide full cooperation and access to information necessary for the Executive Order 481. Prohibiting the Use of Undocumented Workers on State Contracts. contracting agency to determine the scope of the unauthorized use; and (c) provide full For all state agencies in the Executive Branch, including all executive offices, boards, cooperation and access to information necessary for the contracting agency and the commissions, agencies, Departments, divisions, councils, bureaus, and offices, now existing Contractor to fulfill any notification requirements. Breach of these terms may be regarded as and hereafter established, by signing this Contract the Contractor certifies under the pains a material breach of this Contract, such that the Commonwealth may exercise any and all and penalties of perjury that they shall not knowingly use undocumented workers in contractual rights and remedies, including without limitation indemnification under Section 11 connection with the performance of this Contract; that, pursuant to federal requirements, shall of the Commonwealth’s Terms and Conditions, withholding of payments, Contract verify the immigration status of workers assigned to a Contract without engaging in unlawful suspension, or termination. In addition, the Contractor may be subject to applicable statutory discrimination; and shall not knowingly or recklessly alter, falsify, or accept altered or falsified or regulatory penalties, including and without limitation, those imposed pursuant to G.L. c. documents from any such worker 93H and under G.L. c. 214, § 3B for violations under M.G.L c. 66A. Executive Order 130. Anti-Boycott. The Contractor warrants, represents and agrees that Executive Orders 523, 524 and 526. Executive Order 526 (Order Regarding Non- during the time this Contract is in effect, neither it nor any affiliated company, as hereafter Discrimination, Diversity, Equal Opportunity and Affirmative Action which supersedes defined, participates in or cooperates with an international boycott (See IRC § 999(b)(3)-(4), Executive Order 478). Executive Order 524 (Establishing the Massachusetts Supplier and IRS Audit Guidelines Boycotts) or engages in conduct declared to be unlawful by G.L. c. Diversity Program which supersedes Executive Order 390). Executive Order 523 151E, s. 2. A breach in the warranty, representation, and agreement contained in this (Establishing the Massachusetts Small Business Purchasing Program.) All programs, paragraph, without limiting such other rights as it may have, the Commonwealth shall be activities, and services provided, performed, licensed, chartered, funded, regulated, or entitled to rescind this Contract. As used herein, an affiliated company shall be any business contracted for by the state shall be conducted without unlawful discrimination based on race, entity of which at least 51% of the ownership interests are directly or indirectly owned by the color, age, gender, ethnicity, sexual orientation, gender identity or expression, religion, creed, Contractor or by a person or persons or business entity or entities directly or indirectly owning ancestry, national origin, disability, veteran’s status (including Vietnam-era veterans), or at least 51% of the ownership interests of the Contractor, or which directly or indirectly owns background. The Contractor and any subcontractors may not engage in discriminatory at least 51% of the ownership interests of the Contractor. employment practices; and the Contractor certifies compliance with applicable federal and Executive Order 346. Hiring of State Employees By State Contractors Contractor certifies state laws, rules, and regulations governing fair labor and employment practices; and the compliance with both the conflict of interest law G.L. c. 268A specifically s. 5 (f) and this order; Contractor commits to purchase supplies and services from certified minority or women- and includes limitations regarding the hiring of state employees by private companies owned businesses, small businesses, or businesses owned by socially or economically contracting with the Commonwealth. A privatization contract shall be deemed to include a disadvantaged persons or persons with disabilities. These provisions shall be enforced specific prohibition against the hiring at any time during the term of Contract, and for any through the contracting agency, OSD, and/or the Massachusetts Commission Against position in the Contractor's company, any state management employee who is, was, or will Discrimination. Any breach shall be regarded as a material breach of the contract that may be involved in the preparation of the RFP, the negotiations leading to the awarding of the subject the contractor to appropriate sanctions. Contract, the decision to award the Contract, and/or the supervision or oversight of performance under the Contract.

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II. Background

1. The Department of Energy Resources (DOER) issued the Municipal Energy Technical Assistance (META) grant application PON-ENE-2019-008 (PON) as set forth in Attachment A.

2. Town of Wenham (Grantee) submitted a response to the PON on or before the due date, as set forth in Attachment B.

3. The DOER has selected the Grantee to receive the META Grant funds for the project described in Grantee’s response to the PON. Due to the competitive nature of this grant program, the use of these funds is restricted to specifically approved projects.

4. The DOER approves the expenditure of funds as described in Attachment D (Budget) for the work planned and described in Attachment C (Scope of Grant Award).

5. The Grantee agrees to complete the project described in the Scope of Grant Award (collectively referred to as “the Project”).

6. This agreement (Agreement) incorporates and makes part hereof certain attachments and forms which have been provided and accepted by the parties as part to this Agreement. Copies of such agreed upon attachments and forms are attached hereto set forth in their entirety and made part of this Agreement by reference:

I. THE COMMONWEALTH STANDARD CONTRACT FORM II. BACKGROUND III. ATTACHMENT A: DOER PON-ENE-2019-008 IV. ATTACHMENT B: GRANTEE RESPONSE V. ATTACHMENT C: SCOPE OF GRANT AWARD VI. ATTACHMENT D: REQUEST FOR PAYMENT FORM VII. ATTACHMENT E: BUDGET VIII. COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT ATTACHMENTS 1. COMMONWEALTH TERMS AND CONDITIONS 2. GRANTEE AUTHORIZED SIGNATORY LISTING 3. W-9 FORM 4. EFT

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III. ATTACHMENT A – DOER PON-ENE-2019-008 (ENCLOSED)

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IV. ATTACHMENT B – GRANTEE RESPONSE (ENCLOSED)

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V. ATTACHMENT C – SCOPE OF GRANT AWARD

COMMONWEALTH OF MASSACHUSETTS SCOPE OF GRANT AWARD AGREEMENT

By and Between Massachusetts Department of Energy Resources (DOER) and Town of Wenham (Grantee)

SCOPE OF GRANT AWARD

Overview

This contract is for the Municipal Energy Technical Assistance Grant Program to provide grant monies to municipalities to pay for a consultant (Consultant) with respect to the implementation of a commissioning study.

Program Schedule

The Grantee shall contact the DOER promptly if the Grantee cannot complete work prior to the end of the grant period, which shall be May 31, 2021.

Disbursement of Funds

• Disbursements shall be made per receipt by the DOER of the following:

1) A signed copy of the contract between the Grantee and the Consultant. 2) Consultant invoices provided to the Grantee detailing the Consultant’s services, tasks completed and charges for services provided. 3) A REQUEST FOR PAYMENT FORM along with the Consultant invoices to the DOER.

• Final payment shall be contingent upon receipt by the DOER of a one to two-page summary (Final Report) of all work provided by Consultant and the progress of the project for which the Consultant is providing services for, as further provided below

Grantee Warrant to Keep Facility Open

For projects involving services or construction at facility(s) owned by or under the control of the Grantee, the Grantee hereby warrants and certifies that there are no present plans to close or sell the facility(s) for which the grants funds are designated for, and that said facility(s) will not be closed within the next five (5) years of contract Effective Date.

Administrative Costs

No administrative costs are allowed for municipal Grantees.

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Publicity

The Grantee will coordinate with the DOER on all publicity regarding this project.

Reporting and Other Required Documentation

A. Grantee shall have a program to combat fraud, waste and abuse of funds and shall incorporate into its program guidance provided by the Office of the State Comptroller.

B. Final Report: The Final Report shall reference and detail the work completed as outlined in Attachment B, Grantee Response along with the final invoice and the Request for Payment Form. The Final Report shall be submitted electronically to Paul Carey, [email protected].

C. Ownership of Reports and Other Required Documentation: The deliverables shall be owned by the Commonwealth of Massachusetts and treated as public documents. Following the completion of the contract, both the Commonwealth and the Grantee retain the right to make further use of the deliverables.

DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 11 | Page

VI. ATTACHMENT D – REQUEST FOR PAYMENT FORM (ENCLOSED)

[This page intentionally left blank]

DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 12 | Page

VII. ATTACHMENT E – BUDGET

Check one: X Initial Budget Budget/Account Amendment. Maximum Obligation before this Amendment: PRIOR MMARS DOCUMENT ID: (for reference - if applicable). CURRENT DOC ID: .

A B C D E F G H I Budget Account Object Activity/ Initial Indicate Amendment Enter “YES” New Fiscal Class Function Amount / or Add or Amount if Amount is a Amount Year Code Amount Reduce prior FY After Prior to +/- budget Amendment Amendment reduction or a current FY “Carry-in” authorization for Federal Funds 7006- GNCO- FY20 P01 $12,498 7060 META 7006- GNCO- FY21 P01 $1 7060 META FY22 7006- GNCO- P01 $1 7060 META

FISCAL YEAR SUBTOTALS AND TOTAL MAXIMUM OBLIGATION FOR DURATION OF CONTRACT FISCAL YEAR: 2020 SUBTOTAL (or New Subtotal if Fiscal Year Subtotal being amended) $12,498 FISCAL YEAR: 2021 SUBTOTAL (or New Subtotal if Fiscal Year Subtotal being amended) $1 FISCAL YEAR: 2022 SUBTOTAL (or New Subtotal if Fiscal Year Subtotal being amended) $1 FISCAL YEAR: SUBTOTAL (or New Subtotal if Fiscal Year Subtotal being amended)

TOTAL MAXIMUM OBLIGATION FOR DURATION OF CONTRACT $12,500

DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 13 | Page

VIII. COMMONWEALTH OF MASSACHUSETTS STANDARD CONTRACT ATTACHMENTS (ENCLOSED)

1. COMMONWEALTH TERMS AND CONDITIONS 2. GRANTEE AUTHORIZED SIGNATORY LISTING 3. W-9 FORM 4. EFT FORM

DOER PON-ENE-2018-017 – Municipal Energy Technical Assistance Grant Program – Round 8 14 | Page II. COMMONWEALTH TERMS AND CONDITIONS

This Commonwealth Terms and Conditions form is method evidencing actual receipt by the Department or the Contractor. Any jointly issued by the Executive Office for written notice of termination or suspension delivered to the Contractor shall Administration and Finance (ANF), the Office of the state the effective date and period of the notice, the reasons for the termination Comptroller (CTR) and the Operational Services or suspension, if applicable, any alleged breach or failure to perform, a Division (OSD) for use by all Commonwealth of reasonable period to cure any alleged breach or failure to perform, if Massachusetts (“State”) Departments and Contractors. Any changes or applicable, and any instructions or restrictions concerning allowable activities, electronic alterations by either the Department or the Contractor to the costs or expenditures by the Contractor during the notice period. official version of this form, as jointly published by ANF, CTR and OSD, 6. Confidentiality. The Contractor shall comply with M.G.L. C. 66A if the shall be void. Upon execution of these Commonwealth Terms and Conditions Contractor becomes a "holder" of "personal data". The Contractor shall also by the Contractor and filing as prescribed by the Office of the Comptroller, protect the physical security and restrict any access to personal or other these Commonwealth Terms and Conditions will be incorporated by reference Department data in the Contractor's possession, or used by the Contractor in the into any Contract for Commodities and Services executed by the Contractor performance of a Contract, which shall include, but is not limited to the and any State Department, in the absence of a superseding law or regulation Department's public records, documents, files, software, equipment or systems. requiring a different Contract form. Performance shall include services 7. Record-keeping And Retention, Inspection Of Records. The Contractor rendered, obligations due, costs incurred, commodities and deliverables shall maintain records, books, files and other data as specified in a Contract and provided and accepted by the Department, programs provided or other in such detail as shall properly substantiate claims for payment under a commitments authorized under a Contract. A deliverable shall include any Contract, for a minimum retention period of seven (7) years beginning on the tangible product to be delivered as an element of performance under a first day after the final payment under a Contract, or such longer period as is Contract. The Commonwealth is entitled to ownership and possession of all necessary for the resolution of any litigation, claim, negotiation, audit or other deliverables purchased or developed with State funds. Contract shall mean the inquiry involving a Contract. The Department shall have access, as well as any Standard Contract Form issued jointly by ANF, CTR and OSD. parties identified under Executive Order 195, during the Contractor’s regular 1. Contract Effective Start Date. Notwithstanding verbal or other business hours and upon reasonable prior notice, to such records, including on- representations by the parties, or an earlier start date indicated in a Contract, site reviews and reproduction of such records at a reasonable expense. the effective start date of performance under a Contract shall be the date a 8. Assignment. The Contractor may not assign or delegate, in whole or in Contract has been executed by an authorized signatory of the Contractor, the part, or otherwise transfer any liability, responsibility, obligation, duty or Department, a later date specified in the Contract or the date of any approvals interest under a Contract, with the exception that the Contractor shall be required by law or regulation, whichever is later. authorized to assign present and prospective claims for money due to the 2. Payments And Compensation. The Contractor shall only be compensated Contractor pursuant to a Contract in accordance with M.G.L. C. 106, §9-318. for performance delivered and accepted by the Department in accordance with The Contractor must provide sufficient notice of assignment and supporting the specific terms and conditions of a Contract. All Contract payments are documentation to enable the Department to verify and implement the subject to appropriation pursuant to M.G.L. C. 29, §26, or the availability of assignment. Payments to third party assignees will be processed as if such sufficient non-appropriated funds for the purposes of a Contract, and shall be payments were being made directly to the Contractor and these payments will subject to intercept pursuant to M.G.L. C. 7A, §3 and 815 CMR 9.00. be subject to intercept, offset, counter claims or any other Department rights Overpayments shall be reimbursed by the Contractor or may be offset by the which are available to the Department or the State against the Contractor. Department from future payments in accordance with state finance law. 9. Subcontracting By Contractor. Any subcontract entered into by the Acceptance by the Contractor of any payment or partial payment, without any Contractor for the purposes of fulfilling the obligations under a Contract must written objection by the Contractor, shall in each instance operate as a release be in writing, authorized in advance by the Department and shall be consistent and discharge of the State from all claims, liabilities or other obligations with and subject to the provisions of these Commonwealth Terms and relating to the performance of a Contract. Conditions and a Contract. Subcontracts will not relieve or discharge the 3. Contractor Payment Mechanism. All Contractors will be paid using the Contractor from any duty, obligation, responsibility or liability arising under a Payment Voucher System unless a different payment mechanism is required. Contract. The Department is entitled to copies of all subcontracts and shall not The Contractor shall timely submit invoices (Payment Vouchers - Form PV) be bound by any provisions contained in a subcontract to which it is not a and supporting documentation as prescribed in a Contract. The Department party. shall review and return rejected invoices within fifteen (15) days of receipt with 10. Affirmative Action, Non-Discrimination In Hiring And Employment. a written explanation for rejection. Payments shall be made in accordance with The Contractor shall comply with all federal and state laws, rules and the bill paying policy issued by the Office of the Comptroller and 815 CMR regulations promoting fair employment practices or prohibiting employment 4.00, provided that payment periods listed in a Contract of less than forty-five discrimination and unfair labor practices and shall not discriminate in the hiring (45) days from the date of receipt of an invoice shall be effective only to enable of any applicant for employment nor shall any qualified employee be demoted, a Department to take advantage of early payment incentives and shall not discharged or otherwise subject to discrimination in the tenure, position, subject any payment made within the forty-five (45) day period to a penalty. promotional opportunities, wages, benefits or terms and conditions of their The Contractor Payroll System, shall be used only for "Individual Contractors" employment because of race, color, national origin, ancestry, age, sex, religion, who have been determined to be "Contract Employees" as a result of the disability, handicap, sexual orientation or for exercising any rights afforded by Department's completion of an Internal Revenue Service SS-8 form in law. The Contractor commits to purchasing supplies and services from accordance with the Omnibus Budget Reconciliation Act (OBRA) 1990, and certified minority or women-owned businesses, small businesses or businesses shall automatically process all state and federal mandated payroll, tax and owned by socially or economically disadvantaged persons or persons with retirement deductions. disabilities. 4. Contract Termination Or Suspension. A Contract shall terminate on the 11. Indemnification. Unless otherwise exempted by law, the Contractor shall date specified in a Contract, unless this date is properly amended in accordance indemnify and hold harmless the State, including the Department, its agents, with all applicable laws and regulations prior to this date, or unless terminated officers and employees against any and all claims, liabilities and costs for any or suspended under this Section upon prior written notice to the Contractor. personal injury or property damages, patent or copyright infringement or other The Department may terminate a Contract without cause and without penalty, damages that the State may sustain which arise out of or in connection with the or may terminate or suspend a Contract if the Contractor breaches any material Contractor's performance of a Contract, including but not limited to the term or condition or fails to perform or fulfill any material obligation required negligence, reckless or intentional conduct of the Contractor, its agents, by a Contract, or in the event of an elimination of an appropriation or officers, employees or subcontractors. The Contractor shall at no time be availability of sufficient funds for the purposes of a Contract, or in the event of considered an agent or representative of the Department or the State. After an unforeseen public emergency mandating immediate Department action. prompt notification of a claim by the State, the Contractor shall have an Upon immediate notification to the other party, neither the Department nor the opportunity to participate in the defense of such claim and any negotiated Contractor shall be deemed to be in breach for failure or delay in performance settlement agreement or judgment. The State shall not be liable for any costs due to Acts of God or other causes factually beyond their control and without incurred by the Contractor arising under this paragraph. Any indemnification of their fault or negligence. Subcontractor failure to perform or price increases the Contractor shall be subject to appropriation and applicable law. due to market fluctuations or product availability will not be deemed factually 12. Waivers. Forbearance or indulgence in any form or manner by a party shall beyond the Contractor's control. not be construed as a waiver, nor in any way limit the legal or equitable 5. Written Notice. Any notice shall be deemed delivered and received when remedies available to that party. No waiver by either party of any default or submitted in writing in person or when delivered by any other appropriate breach shall constitute a waiver of any subsequent default or breach. Page 1. of 2. II. COMMONWEALTH TERMS AND CONDITIONS

13. Risk Of Loss. The Contractor shall bear the risk of loss for any Contractor materials used for a Contract and for all deliverables, Department personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of a Contract until possession, ownership and full legal title to the deliverables are transferred to and accepted by the Department. 14. Forum, Choice of Law And Mediation. Any actions arising out of a Contract shall be governed by the laws of Massachusetts, and shall be brought and maintained in a State or federal court in Massachusetts which shall have exclusive jurisdiction thereof. The Department, with the approval of the Attorney General's Office, and the Contractor may agree to voluntary mediation through the Massachusetts Office of Dispute Resolution (MODR) of any Contract dispute and will share the costs of such mediation. No legal or equitable rights of the parties shall be limited by this Section. 15. Contract Boilerplate Interpretation, Severability, Conflicts With Law, Integration. Any amendment or attachment to any Contract which contains conflicting language or has the affect of a deleting, replacing or modifying any printed language of these Commonwealth Terms and Conditions, as officially published by ANF, CTR and OSD, shall be interpreted as superseded by the official printed language. If any provision of a Contract is found to be superseded by state or federal law or regulation, in whole or in part, then both parties shall be relieved of all obligations under that provision only to the extent necessary to comply with the superseding law, provided however, that the remaining provisions of the Contract, or portions thereof, shall be enforced to the fullest extent permitted by law. All amendments must be executed by the parties in accordance with Section 1. of these Commonwealth Terms and Conditions and filed with the original record copy of a Contract as prescribed by CTR. The printed language of the Standard Contract Form, as officially published by ANF, CTR and OSD, which incorporates by reference these Commonwealth Terms and Conditions, shall supersede any conflicting verbal or written agreements relating to the performance of a Contract, or attached thereto, including contract forms, purchase orders or invoices of the Contractor. The order of priority of documents to interpret a Contract shall be as follows: the printed language of the Commonwealth Terms and Conditions, the Standard Contract Form, the Department's Request for Response (RFR) solicitation document and the Contractor’s Response to the RFR solicitation, excluding any language stricken by a Department as unacceptable and including any negotiated terms and conditions allowable pursuant to law or regulation.

IN WITNESS WHEREOF, The Contractor certify under the pains and penalties of perjury that it shall comply with these Commonwealth Terms and Conditions for any applicable Contract executed with the Commonwealth as certified by their authorized signatory below:

Page 2. of 2. II. COMMONWEALTH TERMS AND CONDITIONS

CONTRACTOR AUTHORIZED SIGNATORY: ______(signature) Print Name:

Title:

Date:

(Check One): ____ Organization ____ Individual

Full Legal Organization or Individual Name:

Doing Business As: Name (If Different):

Tax Identification Number:

Address:

Telephone: FAX:

INSTRUCTIONS FOR FILING THE COMMONWEALTH TERMS AND CONDITIONS A “Request for Verification of Taxation Reporting Information” form (Massachusetts Substitute W-9 Format), that contains the Contractor's correct TIN, name and legal address information, must be on file with the Office of the Comptroller. If the Contractor has not previously filed this form with the Comptroller, or if the information contained on a previously filed form has changed, please fill out a W-9 form and return it attached to the executed COMMONWEALTH TERMS AND CONDITIONS.

If the Contractor is responding to a Request for Response (RFR), the COMMONWEALTH TERMS AND CONDITIONS must be submitted with the Response to RFR or as specified in the RFR. Otherwise, Departments or Contractors must timely submit the completed and properly executed COMMONWEALTH TERMS AND CONDITIONS (and the W-9 form if applicable) to the: Payee and Payments Unit, Office of the Comptroller, 9th Floor, One Ashburton Place, Boston, MA 02108 in order to record the filing of this form on the MMARS Vendor File. Contractors are required to execute and file this form only once.

Page 3. of 2. Issued May COMMONWEALTH OF MASSACHUSETTS 2004 CONTRACTOR AUTHORIZED SIGNATORY LISTING

CONTRACTOR LEGAL NAME : CONTRACTOR VENDOR/CUSTOMER CODE:

INSTRUCTIONS: Any Contractor (other than a sole-proprietor or an individual contractor) must provide a listing of individuals who are authorized as legal representatives of the Contractor who can sign contracts and other legally binding documents related to the contract on the Contractor’s behalf. In addition to this listing, any state department may require additional proof of authority to sign contracts on behalf of the Contractor, or proof of authenticity of signature (a notarized signature that the Department can use to verify that the signature and date that appear on the Contract or other legal document was actually made by the Contractor’s authorized signatory, and not by a representative, designee or other individual.)

NOTICE: Acceptance of any payment under a Contract or Grant shall operate as a waiver of any defense by the Contractor challenging the existence of a valid Contract due to an alleged lack of actual authority to execute the document by the signatory.

For privacy purposes DO NOT ATTACH any documentation containing personal information, such as bank account numbers, social security numbers, driver’s licenses, home addresses, social security cards or any other personally identifiable information that you do not want released as part of a public record. The Commonwealth reserves the right to publish the names and titles of authorized signatories of contractors.

AUTHORIZED SIGNATORY NAME TITLE

I certify that I am the President, Chief Executive Officer, Chief Fiscal Officer, Corporate Clerk or Legal Counsel for the Contractor and as an authorized officer of the Contractor I certify that the names of the individuals identified on this listing are current as of the date of execution below and that these individuals are authorized to sign contracts and other legally binding documents related to contracts with the Commonwealth of Massachusetts on behalf of the Contractor. I understand and agree that the Contractor has a duty to ensure that this listing is immediately updated and communicated to any state department with which the Contractor does business whenever the authorized signatories above retire, are otherwise terminated from the Contractor’s employ, have their responsibilities changed resulting in their no longer being authorized to sign contracts with the Commonwealth or whenever new signatories are designated.

______Date: Signature

Title: Telephone:

Fax: Email:

[Listing can not be accepted without all of this information completed.] A copy of this listing must be attached to the “record copy” of a contract filed with the department.

Issued May COMMONWEALTH OF MASSACHUSETTS 2004 CONTRACTOR AUTHORIZED SIGNATORY LISTING

CONTRACTOR LEGAL NAME : CONTRACTOR VENDOR/CUSTOMER CODE:

PROOF OF AUTHENTICATION OF SIGNATURE

This page is optional and is available for a department to authenticate contract signatures. It is recommended that Departments obtain authentication of signature for the signatory who submits the Contractor Authorized Listing.

This Section MUST be completed by the Contractor Authorized Signatory in presence of notary.

Signatory's full legal name (print or type):

Title:

X______Signature as it will appear on contract or other document (Complete only in presence of notary):

AUTHENTICATED BY NOTARY OR CORPORATE CLERK (PICK ONLY ONE) AS FOLLOWS:

I, ______(NOTARY) as a notary public certify that I witnessed the signature of the aforementioned signatory above and I verified the individual's identity on this date:

______, 20 ______.

My commission expires on: AFFIX NOTARY SEAL

I, ______(CORPORATE CLERK) certify that I witnessed the signature of the aforementioned signatory above, that I verified the individual’s identity and confirm the individual’s authority as an authorized signatory for the Contractor on this date:

______, 20 ______.

AFFIX CORPORATE SEAL From: Vicky Masone To: Anthony Ansaldi Cc: Nicole Roebuck; Bill Tyack Subject: FW: Wenham META-8 Grant award-action needed Date: Sunday, October 27, 2019 9:22:10 PM Attachments: image002.png image003.png EFT_FORM.pdf newmass-w9.doc request-for-payment-form.docx Commonwealth Terms and Conditions.docx Contractor Authorized Signatory Listing.doc Wenham META 8 contract.pdf Importance: High

Anthony,

The contract documents for the META grant look to be in order. Could you coordinate getting the signatures necessary to execute the contract on the Town’s end? When the signed document is ready I can come pick it up and get it to DOER for countersignature.

Vicky

Victoria A. Masone, P.E. | Energy Manager | Towns of Hamilton & Wenham (978) 853-5112 | [email protected]

From: Carey, Paul S (ENE) [mailto:[email protected]] Sent: Tuesday, October 22, 2019 9:15 AM To: Vicky Masone Cc: Duffy, Neal (ENE) Subject: Wenham META-8 Grant award-action needed Importance: High

WENHAM has applied to use grant funding of $12,500 to fund assistance with a commissioning study. Congratulations, the funding has been awarded and this email contains the information you will need to receive payment of this grant. Please observe a press embargo until DOER issues a press release.

The attached contract document, as well as 3 additional fiscal-related documents (EFT_FORM.pdf, Contractor Authorized Signatory Listing.doc, Request for Taxpayer Identification Number and Certification (newmass-W-9).doc), together comprise a contract between DOER and WENHAM for the funding awarded at the time of WENHAM’s META Grant Award.

Please return the signed documents to me by November 8th or sooner if possible.

The date when this contract is countersigned by DOER will be the Effective Date. WENHAM may not incur obligations prior to the Effective Date. After the contract has been entered into the state system and has a Contract ID number, I will return a scanned copy of the signed Contract to you for your records.

Please review these documents carefully. Let me know if you have any questions or propose making changes. One copy of original signed pages needs to be returned to me by mail. I draw your attention to the following elements in these contract documents to review and consider:

I. THE STANDARD CONTRACT (page 1) • The Contract Manager, also the Authorizing Signature for the Contractor. This person must also be listed on the Contractor Authorized Signatory Listing document. Please review the checked choice in both the Prompt Payment Discount and Anticipated Start Date sections and read this page carefully.

II. COMMONWEALTH TERMS AND CONDITIONS • This needs to be signed, original copy mailed to me at address below with other contract documents

III. SCOPE OF GRANT AWARD • Contingencies relevant to the project scope are described. • The first disbursement of funds is contingent on receipt by DOER of the executed contract and a copy of the contract the municipality signs with the consultant as well as a copy of the invoice from the consultant.

IV. BUDGET • Disbursement of funds is scheduled over two Fiscal Years; if this doesn't look realistic please let me know. It is expected that all work will be completed by May 31, 2021.

V. ATTACHMENT D – Request for Payment form • Send this form to request payment during the grant period. Include scanned invoices from consultant, and send documents electronically to [email protected]

VI. COMPLETED META-8 APPLICATION • included for reference.

Please return all signed documents to me by mail. I would appreciate an email when they are in the mail so I can look for them. I look forward to working with you in the future.

Paul Carey, Grant Coordinator Massachusetts Department of Energy Resources 100 Cambridge Street, Suite 1020, Boston, MA 02114 O: 617.626.7372

Creating a Clean, Affordable and Resilient Energy Future for the Commonwealth Sign up for email updates on policy, prices, programs and more.

COMMONWEALTH OF MASSACHUSETTS OFFICE OF THE COMPTROLLER Electronic Funds Transfer Sign Up Form

______

Request type must be checked: Initial Request Changing Existing Account Closing Account

I______, hereby certify that the account/s indicated on this form is under my direct control and access; therefore, I authorize the State Treasurer as fiscal agent for the State of Massachusetts to initiate, change or cancel credit entries to that account/s as indicated on this form. For ACH debits consistent with the International ACH Transaction (IAT) rules check one: I affirm that payments authorized hereunder are not to an account that is subject to being transferred to a foreign bank account. I affirm that payments authorized hereunder are to an account that is subject to being transferred to a foreign bank account. This authority is to remain in full force and effect until the Office of Comptroller has received written notification, from either me or an authorized officer of organization of the account's termination in such time and in such a manner as to afford CTR a reasonable opportunity to act upon it.

VENDOR BANK INFORMATION

Vendor Bank Name: ______Vendor Bank Transit Number (ABA): ______Vendor Bank Account Number: ______Account Type: ______

Filling out this field is a requirement for changing account number Vendor Bank Old Account Number: ______Account Type: ______

VENDOR INFORMATION

Vendor Tax Identification Number (TIN):______Vendor/Business Name: ______Vendor Contact Name: ______E-mail: ______Telephone: ______Address: ______City: ______State: _____Zip:______

This authorization will remain in effect until either canceled in writing or an updated form changing information is sent to the Department you currently do business with.

AUTHORIZED SIGNATURE: ______Print Name: ______Title:______Date: ______

Form forwarded to Commonwealth Department:______Attached voided check here:

Completed form should be Request for Taxpayer given to the requesting Form W-9 department or the department (Massachusetts Substitute W-9 Form) Identification Number and Certification you are currently doing Rev. April 2009 business with.

Name ( List legal name, if joint names, list first & circle the name of the person whose TIN you enter in Part I-See Specific Instruction on page 2)

Business name, if different from above. (See Specific Instruction on page 2)

Check the appropriate box: □ Individual/Sole proprietor □ Corporation □ Partnership □ Other ►------Legal Address: number, street, and apt. or suite no. Remittance Address: if different from legal address number, street, and apt. or suite no.

City, state and ZIP code City, state and ZIP code

Please print or type or print Please

Phone # ( ) Fax # ( ) Email address:

Part I Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. For individuals, this is your social Social security number security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instruction on -- page 2. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 2. OR Note: If the account is in more than one name, see the chart on page 2 for Employer identification number guidelines on whose number to enter. -

Vendors: DUNS Dunn and Bradstreet Universal Numbering System (DUNS)) Part II Certification

Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Services (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am an U.S. person (including an U.S. resident alien).

4. I am currently a Commonwealth of Massachusetts’s state employee: (check one): No____ Yes _____ If yes, in compliance with the State Ethics Commission requirements. Certification instructions: You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. Sign Authorized Signature ► Date ► Here

Purpose of Form conditions. This is called “backup withholding.” 5. You do not certify to the requester that you are A person who is required to file an information Payments that may be subject to backup not subject to backup withholding under 4 above return with the IRS must get your correct withholding include interest, dividends, broker and (for reportable interest and dividend accounts taxpayer identification number (TIN) to report, for barter exchange transactions, rents, royalties, opened after 1983 only).

example, income paid to you, real estate nonemployee pay, and certain payments from fishing boat operators. Real estate transactions Certain payees and payments are exempt from transactions, mortgage interest you paid, backup withholding. See the Part II instructions acquisition or debt, or contributions you made to are not subject to backup withholding. on page 2. an IRA. If you give the requester your correct TIN, make Use Form W-9 only if you are a U.S. person the proper certifications, and report all your Penalties taxable interest and dividends on your tax return, (including a resident alien), to give your correct Failure to furnish TIN. If you fail to furnish your payments you receive will not be subject to TIN to the person requesting it (the requester) correct TIN to a requester, you are subject to a backup withholding. Payments you receive will and , when applicable, to: penalty of $50 for each such failure unless your be subject to backup withholding if: 1. Certify the TIN you are giving is correct (or failure is due to reasonable cause and not to 1. You do not furnish your TIN to the willful neglect. you are waiting for a number to be issued). requester, or 2. Certify you are not subject to backup Civil penalty for false information with respect withholding 2. You do not certify your TIN when required to withholding. If you make a false statement (see the Part II instructions on page 2 for with no reasonable basis that results in no backup If you are a foreign person, use the details), or withholding, you are subject to a $500 penalty. appropriate Form W-8. See Pub 515, Withholding of Tax on Nonresident Aliens and 3. The IRS tells the requester that you furnished Criminal penalty for falsifying information. Foreign Corporations. an incorrect TIN, or Willfully falsifying certifications or affirmations may subject you to criminal penalties including What is backup withholding? Persons making 4. The IRS tells you that you are subject to fines and/or imprisonment. certain payments to you must withhold a backup withholding because you did not designated percentage, currently 28% and pay to report all your interest and dividends only), or Misuse of TINs. If the requester discloses or uses the IRS of such payments under certain TINs in violation of Federal law, the requester may be subject to civil and criminal penalties. Form MA- W-9 (Rev. April 2009)

Specific Instructions What Name and Number to How to get a TIN. If you do not have a Name. If you are an individual, you must TIN, apply for one immediately. To apply for an Give the Requester generally enter the name shown on your social SSN, get Form SS-5, Application for a Social security card. However, if you have changed Security Card, from your local Social Security For this type of account: Give name and SSN of: your last name, for instance, due to marriage Administration office. Get Form W-7, Application 1. Individual The individual without informing the Social Security for IRS Individual Taxpayer Identification Number, 2. Two or more The actual owner of the Administration of the name change, enter your to apply for an ITIN or Form SS-4, Application for individuals (joint account or, if combined first name, the last name shown on your social Employer Identification Number, to apply for an account) funds, the first security card, and your new last name. EIN. You can get Forms W-7 and SS-4 from the individual on the IRS by calling 1-800-TAX-FORM (1-800-829- account 1 If the account is in joint names, list first and 2 3676) or from the IRS’s Internet Web Site 3. Custodian account of The minor then circle the name of the person or entity www.irs.gov. a minor (Uniform Gift whose number you enter in Part I of the form. to Minors Act) If you do not have a TIN, write “Applied For” in 1 Sole proprietor. Enter your individual name 4. a. The usual The grantor-trustee the space for the TIN, sign and date the form, and as shown on your social security card on the revocable savings give it to the requester. For interest and dividend “Name” line. You may enter your business, trust (grantor is payments, and certain payments made with trade, or “doing business as (DBA)” name on also trustee) respect to readily tradable instruments, generally 1 the “Business name” line. b. So-called trust The actual owner

you will have 60 days to get a TIN and give it to account that is not Limited liability company (LLC). If you are a the requester before you are subject to backup a legal or valid single-member LLC (including a foreign LLC withholding on payments. trust under state with a domestic owner) that is disregarded as law an entity separate from its owner under The 60-day rule does not apply to other types of 5. Sole proprietorship The owner 3 Treasury regulations section 301.7701-3, enter payments. You will be subject to backup the owner’s name on the “Name” line. Enter withholding on all such payments until you the LLC’s name on the “Business name” line. provide your TIN to the requester. For this type of account: Give name and EIN of:

3 Caution: A disregarded domestic entity that Note: Writing “Applied For” means that you have 6. Sole proprietorship The owner already applied for a TIN or that you intend to 7. A valid trust, estate, or Legal entity 4 has a foreign owner must use the appropriate Form W-8. apply for one soon. pension trust 8. Corporate The corporation Other entities. Enter your business name as Part II - Certification 9. Association, club, The organization shown on required Federal tax documents on religious, charitable, the “Name” line. This name should match the To establish to the paying agent that your TIN is educational, or other name shown on the charter or other legal correct or you are a U.S. person, or resident tax-exempt organization document creating the entity. You may enter alien, sign Form W-9. 10. Partnership The partnership any business, trade, or DBA name on the For a joint account, only the person whole TIN is 11. A broker or registered The broker or nominee “Business name” line. nominee shown in Part I should sign (when required). 12. Account with the The public entity Part I - Taxpayer Identification Real estate transactions. You must sign the Department of Number (TIN) certification. You may cross out item 2 of the Agriculture in the name certification. of a public entity (such Enter your TIN in the appropriate as a state or local box. Dunn and Bradstreet Universal Numbering government, school System (DUNS) number requirement – district, or prison) that If you are a resident alien and you do not The United States Office of Management and Budget receives agricultural have and are not eligible to get an SSN, your (OMB) requires all vendors that receive federal grant program payments TIN is your IRS individual taxpayer funds have their DUNS number recorded with and identification number (ITIN). Enter it in the subsequently reported to the granting agency. If a social security number box. If you do not have contractor has multiple DUNS numbers the 1 contractor should provide the primary number listed List first and circle the name of the person whose an ITIN, see How to get a TIN below. number you furnish. If only one person on a joint with the Federal government’s Central Contractor If you are a sole proprietor and you have an Registration (CCR) at /www.ccr.gov . Any entity that account has an SSN, that person’s number must be furnished. EIN, you may enter either your SSN or EIN. does not have a DUNS number can apply for one on- However, the IRS prefers that you use your line at http://www.dnb.com/us/ 2 under the DNB D-U-N Number Tab. Circle the minor’s name and furnish the minor’s SSN. SSN. 3 You must show your individual name, but you may If you are an LLC that is disregarded as an Privacy Act Notice also enter your business or “DBA” name. You may entity separate from its owner (see Limited use either your SSN or EIN (if you have one). liability company (LLC) above), and are Section 6109 of the Internal Revenue Code 4 owned by an individual, enter your SSN (or requires you to give your correct TIN to persons . List first and circle the name of the legal trust, estate, “pre-LLC” EIN, if desired). If the owner of a who must file information returns with the IRS to or pension trust. (Do not furnish the TIN of the disregarded LLC is a corporation, partnership, report interest, dividends, and certain other personal representative or trustee unless the legal etc., enter the owner’s EIN. income paid to you, mortgage interest you paid, entity itself is not designated in the account title.) the acquisition or abandonment of secured Note: See the chart on this page for further property, cancellation of debt, or contributions Note: If no name is circled when more than one name clarification of name and TIN combinations. you made to an IRA or MSA. The IRS uses the is listed, the number will be considered to be that of numbers for identification purposes and to help the first name listed.

verify the accuracy of your tax return. The IRS

may also provide this information to the If you have questions on completing this form,

Department of Justice for civil and criminal please contact the Office of the State Comptroller. litigation, and to cities, states, and the District of (617) 973-2468. Columbia to carry out their tax laws Upon completion of this form, please You must provide your TIN whether or not you send it to the Commonwealth of are required to file a tax return. Payers must generally withhold a designated percentage, Massachusetts Department you are currently 28% of taxable interest, dividend, and doing business with. certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.

Page 2

Form MA- W-9 (Rev. April 2009) Massachusetts Department of Energy Resources META-8 REQUEST FOR PAYMENT FORM

Please fill out, scan, sign and submit this form electronically along with the vendor invoice(s) for which the grantee is seeking payment from DOER under the terms of: Municipal Energy Technical Assistance (META-8) Grant Award.

Please submit to: Paul Carey (617-626-7372); [email protected]

Request Date:

City/ Town of is requesting payment of $ for the following vendor invoice(s) under the terms of the META Grant Award.

Signature and Title: ______

VENDOR:

INVOICE #:

INVOICE DATE:

INVOICE AMOUNT:

BRIEF DESCRIPTION:

VENDOR:

INVOICE #:

INVOICE DATE:

INVOICE AMOUNT:

BRIEF DESCRIPTION:

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 H Jack

New Business – Discussion Regarding Potential Town Hall Staff Reorganization Requested by: Town Administrator, 11/1/2019 Action Sought: None

Proposed Motion(s)

Additional Information

See the attached memorandum from Anthony Ansaldi, Town Administrator regarding potential re-organization.

Board Action

Motion Second In favor Opposed Disposition

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 I Catherine

New Business – Presentation on Comprehensive Fee Revenue and Discussion on Potential Fee Increases Requested by: Town Administrator, 11/1/2019 Action Sought: None

Proposed Motion(s)

Additional Information

See the attached revenue policy option report from Anthony Ansaldi, Town Administrator.

Board Action

Motion Second In favor Opposed Disposition REVENUE OVERVIEW

Anthony Ansaldi, Town Administrator

Town of Wenham, Massachusetts November 5, 2019 11/05/19 2

Agenda

• FY 2021 Revenue Assumptions to date

• Current Financial Status

• Revenue Strategies

11/05/19 3 FY21 Budget Forecast: Revenue Assumptions

• New growth at $150k based on recent actuals and current construction projects

• No significant changes in local receipts

• Net state aid assumed to be returning to FY 19 levels after increase in FY 20 due to take over of Emergency dispatch by the State

• Reduction in reliance on Free Cash from $700k to $0k

• Free cash levels are going down every year as the Town budgets more tightly

• Town can no longer rely on free cash to balance the budget

• Reliance on free cash only intensifies current structural deficit

• Allowance for abatements to remain static at $195,000 based on the senior exemption taking effect and abatement history FOR ILLUSTRATIVE PURPOSES4 11/05/19 5

FY21 Preliminary Budget Forecast

• Annual estimated revenue (not including one-time funds) totals $19,844,420

• Projected FY21 appropriations are $20,853,235

• FY21 structural deficit of ~$1,000,000

• Based on preliminary estimates and with no input from department heads

11/05/19 6

How do we get to a balanced budget?

• Revenue Increases: • Usage fees • Reviews in progress • Recreation Agreement • Looking to review Recreation IMA for Hamilton as well as revolving funds • Pleasant Pond fee increase • Pleasant Pond fees need to be reviewed as the Town and Hamilton are significantly subsidizing the lifeguards and gatekeepers • Trash Fees • Proposition 2 ½ Override

11/05/19 7

Usage Fees

• Last review of a majority of fees was in 2016 • Fees to be updated by other committees/offices • Planning Board • Zoning Board • Town Clerk • Fees that can be updated by BOS • Inspectional Services • Fees at maximum by statute • Fire • Fees that can be updated by Town Meeting • General Bylaw fees (dog licenses, police, prohibited activities) • Treasurer/Collector 11/05/19 8

Planning and Zoning

• Zoning and Planning Boards will be going through a bylaw review • Fees will be looked at as those boards review different application processes and permits • The BOS reviewed a comprehensive fee study in 2016 and this was identified as an area to look at after that review was completed 11/05/19 9

Town Clerk fees

• No update to Town Clerk fees in the last decade • Costs for supplies and printing have increased • Town Clerk was authorized to update the fees of the Clerk’s Office by ATM • Not all Clerk fees will be increased • Fees that are increased require more staff time and processing than they would have years ago

Item Current New Schedule Change Street Listings $ 10 $ 10 $ 0 Marriage Licenses $ 15 $ 25 $ 10 Business Cert $ 20 $ 25 $ 5 Raffle Permit $ 10 $ 10 $ 0 Certificate Copies $ 5 $ 10 $ 5 11/05/19 10

Inspectional Services fees

• Inspectional service fees should help offset the cost of running the department • Last updated in 2016 • Several proposed changes to the fee schedule that was adopted in 2016 (effective 2017) • Some are based on trends in construction, some based on need for more staff time to cover the cost of inspecting the particular type of work

11/05/19 11

Pleasant Pond (May 2019-September 2019)

Total Revenue: $3,355

Wenham Hamilton

First Car 72 64

Second Car 23 24

Senior 1 0

Totals 96 52% 88 48%

Joint Total: 184 11/05/19 12

Pleasant Pond (May 2019-September 2019)

FY19 FY20

Salary: $6,991 + $14,003 =$20,994

Expenses $2,253 + $830 =$ 3,038

Summer 2019 Total Cost Actuals = $24,032

11/05/19 13

Pleasant Pond - Options

• Full Cost Recovery • Continue subsidizing • No lifeguarding and gatekeepers – swim at own risk

11/05/19 14

Trash Fees

• Current trash services • Curbside Pick Up for Trash, Recycling, Compost • All trash costs are covered by general fund/property tax • No incentive for residents to reduce waste as they don’t see the direct cost their waste generates • Trash fees can assist the Town in lowering the total amount of waste • Fees provide a funding mechanism for keeping this service with a smaller prop 2 ½ override

11/05/19 15

Trash Process

• Collection – by Casella – House to house pick up and hauling to processing center • Recycling – by Casella – House to house pick up and hauling to processing center • Trash processing – by Wheelabrator – incinerator of trash

• Collection of trash and recycling is fixed cost • Trash and recycling processing based on number of tons

11/05/19 16

Cost of Curbside Pick Up at a glance

CASELLA COLLECTION CASELLA RECYCLING PROCESSING WHEELABRATOR TRASH PROCESSING BULK ZERO Month-Yr BULK MSW SORT 32 GL. MISC. TOTAL QTY. (TN) RATE TOTAL QTY. (TN) RATE TOTAL

Jul-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 47.12 $ 79.00 $ 3,722.48 64.45 65.26 $ 4,206.01

Aug-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 43.19 $ 80.39 $ 3,472.04 84.15 65.26 $ 5,491.63

Sep-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 42.32 $ 66.88 $ 2,830.36 74.34 65.26 $ 4,851.43

Oct-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 51.13 $ 65.25 $ 3,336.23 89.04 65.26 $ 5,810.75

Nov-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 51.62 $ 64.08 $ 3,307.81 79.79 65.26 $ 5,207.10

Dec-18 11,625.00 11,625.00 1,166.66 $ 24,416.66 58.31 $ 64.54 $ 3,763.33 68.54 65.26 $ 4,472.92

Jan-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 49.28 $ 65.66 $ 3,235.72 91.20 65.26 $ 5,951.71

Feb-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 35.52 $ 74.39 $ 2,642.33 60.34 65.26 $ 3,937.79

Mar-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 40.42 $ 65.63 $ 2,652.76 63.08 65.26 $ 4,116.60

Apr-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 46.84 $ 68.77 $ 3,221.19 79.33 65.26 $ 5,177.08

May-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 41.41 $ 74.01 $ 3,064.75 84.57 65.26 $ 5,519.04

Jun-19 11,625.00 11,625.00 1,166.66 $ 24,416.66 39.64 $ 75.52 $ 2,993.61 76.34 65.26 $ 4,981.95 FY 2019 TOTALS $ 292,999.92 $ 38,242.63 $ 59,723.99 11/05/19 17

Cost of Curbside Pick Up and Processing***

Collection (Trash and Wheelabrator Trash Recycling) Recycling processing Processing Total**

FY17 $ 237,083 $ 874 $ 46,663 $ 284,620

FY18 $ 285,000 $ 24,443 $ 58,903 $ 368,346

FY19 $ 293,000 $ 38,243 $ 59,723 $ 390,966 FY 20 Projected* $ 301,790 $ 42,309 $75,040 $ 419,139 FY 21 Projected* $310,844 $ 46,542 $77,483 $ 434,869

*Based on FY19 Quantity of tons **Does not include composting with Brick Ends ***This only includes curbside services (no drop offs at DPW) 11/05/19 18

Hamilton

• Weekly curbside pick up in 35 gallon bin that can be used weekly to dispose of trash. The bin must weigh no more than 50 lbs.

• Any trash in excess of what fits in the black bin must be in a blue plastic Town of Hamilton bag. There is no limit on the number of blue bags that can be left curbside. Blue bags come in 33 gallon and 15 gallon sizes, and are sold as:

• Roll of 5 – 33 gallon bags: $12.50 ($2.50 per bag)

• Roll of 5 – 15 gallon bags: $7.50 ($1.50 per bag)

• Yard waste, electronics, bulky items and hazardous waste are not permitted in the black bin and are not collected as part of the Town’s free trash collection service. 11/05/19 19

Boxford

• One current ($2.50) Boxford Solid Waste Collection Sticker must be attached to each free standing trash bag. • If there is more than 1 trash bag in a barrel, the top bag should have the sticker; however, the multiple bags in a barrel should not exceed the top of the barrel enabling the lid to be put in place. • Barrels should weigh no more than 50 pounds and be no larger than 32-gallon size. • No stickers should be placed directly on the barrel or lid. • Household rubbish that does not have a proper sticker will not be picked up. Stickers should be clearly visible for collection.

11/05/19 20

Beverly

• Two (2) barrel limit per family unit/business • Maximum size of bags or barrels is 32 gallons and may not weigh more than 40 pounds. • Weekly curbside pick up • Annual fee per family unit $100

11/05/19 21

Financial components

• Electronic waste fees are lower than most comparable communities • Wenham does not charge for large bulky items that can greatly increase overall tonnage costs • For example…

Item* Wenham Hamilton Dryer $ 15 $ 25 Mattress $ 0 (curbside) $15 (curbside) Refrigerator $ 20 $ 25 Treadmill $ 10 $ 20

*Unless otherwise noted item is paid for at Town Hall and dropped off by resident at DPW garage 11/05/19 22 Option A: Fee increase across all households Keep services as is

1. $100 per household x 1400 = $140,000 ($25 per quarter) 2. $150 per household x 1400 = $210,000 ($37.5 per quarter) 3. $200 per household x 1400 = $280,000 ($50 per quarter) 4. $225 per household x 1400 = $315,000 ($56.25 per quarter) 5. $275 per household x 1400 = $385,000 ($68.75 per quarter) 6. $300 per household x 1400 = $420,000 ($75 per quarter) 7. $311 per household x 1400= $435,000 ($77.75 per quarter)

* All options assume 1400 households and quarterly payment schedules 11/05/19 23 Option B: Pay as you throw (bag fees for all trash) 1. Residents would pay for bags 2. Only Town bags would be picked up 3. Any bags in a bin would have to be Town bags

Total Cost Total Bag Cost per # Bags # Households # Weeks Bags Per Bag Revenue Household

1 1,400 52 72,800 $2.00 $ 145,600 $ 104

1.5 1,400 52 109,200 $2.00 $ 218,400 $ 156

2 1,400 52 145,600 $2.00 $ 291,200 $ 208

3 1,400 52 218,400 $2.00 $ 436,800 $ 312 11/05/19 24

Other revenue – Requires ATM

1. 0.75% local excise - sales of restaurant meals originating within the municipality by accepting G.L. c. 64L, § 2(a). • State forecasts indicate $10-15K for Wenham

1. Up to 6% local excise - local excise on the rental of rooms in hotels, motels, lodging houses and bed and breakfast establishments by accepting G.L. c. 64G, § 3A. • State forecasts do not indicate potential revenue 11/05/19 25

Conclusions •Pending decisions • Trash fees • Pleasant Pond usage • Inspectional service fees • Warrant articles for adopting room and meals taxes

Finance & Advisory Committee will be meeting tomorrow 11/6

Wenham Board of Selectmen AGENDA ACTION REQUEST November 5, 2019 J Jack

New Business – Other Matters Other matters, as may not have been reasonably anticipated by the Chair (Discussion Only)