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tetris
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2040 Posts

Posted - 01/07/2011 :  12:53:01 PM  Show Profile Send tetris a Private Message  Reply with Quote
Just an empty thread...imagine that.

tetris
Moderator



2040 Posts

Posted - 01/09/2011 :  12:18:51 PM  Show Profile Send tetris a Private Message  Reply with Quote
Anybody know why ECTV is running a notice that the Mayor's Mid-Term Address has been rescheduled until 2/7 and instead, there is a special meeting of the Common Council scheduled for 6:30 PM?

Edited by - tetris on 01/09/2011 1:27:57 PM
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Tails
Administrator



2682 Posts

Posted - 01/09/2011 :  5:57:59 PM  Show Profile Send Tails a Private Message  Reply with Quote
Not sure why he moved the mid-term address to February (speculation is it has to do with his "accomplishments" for his speech writer) and the Common Council meeting is about Air Force Road.....I heard.

All the Everett papers said January 10th...but not the Boston Globe.


EVERETT
Midterm address
January 9, 2011
Mayor Carlo DeMaria Jr. will deliver his midterm address to a joint convention of the Common Council and the Board of Aldermen Feb. 7 at 6:30 p.m. in the City Council chambers in City Hall. DeMaria, who is midway through his second two-year term, will discuss recent city initiatives and the challenges and opportunities he sees for Everett in the year ahead. The meeting will be broadcast live by Everett Community Television on Channel 16. Meanwhile, the aldermen and the Common Council, which together make up the City Council, reorganized last week. The aldermen chose Ward 3 member Michael K. Marchese as president and the council selected Ward 1 member Sergio Cornelio as its president for the coming year.

— John Laidler

© Copyright 2011 Globe Newspaper Company.
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tetris
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2040 Posts

Posted - 01/09/2011 :  11:27:01 PM  Show Profile Send tetris a Private Message  Reply with Quote
Thanks for the info...I'm sure the date must have changed after the Everett papers went to press.

Just another example of why agendas need to get posted more promptly. Nobody seems to be getting the message about that. Seems like ECTV got the message when I mentioned last week that they weren't running programming schedules any more...noticed that they were back when I found this other info on their message boards this weekend. You just can't stop doing something that has been done almost like clockwork for the better part of four years and people have found to be useful not expect anyone to have something to say about it.
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tetris
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2040 Posts

Posted - 01/10/2011 :  09:41:34 AM  Show Profile Send tetris a Private Message  Reply with Quote
REGULAR MEETING OF THE BOARD OF ALDERMEN, MONDAY, JANUARY 10, 2011, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA 02149

COMMUNICATIONS FROM HIS HONOR THE MAYOR

1. A0009-11 Order/s/Alderman Michael K. Marchese, as President
To grant the acquisition of a permanent easement of land known as Air Force Road by purchase or taking.

PETITIONS AND LICENSES

2. A0004-11
Petition for Redemption Center License from Dan's Redemption Center at 107 Hancock Street.

3. A0005-11
Petition for a Fortune Teller License from Debbie Green Psychic Readings (for palm and card readings), at 1936 Revere Beach Parkway.

4. A0006-11
Petition for 2nd Class Motor Dealer License from Luigi Acierno D/B/A European Motors at 511 Second Street.

5. A0007-11
Petition for 2nd Class Motor Dealer License from James L. Massone D/B/A Malden Auto at 87 Broadway.

6. A0008-11
Petition for 2nd Class Motor Dealer License from Pro Car Auto Sales, Inc. At 152-154 Ferry Street.

NEW BUSINESS
7. A0010-11 Order/s/Michael K. Marchese, as President
An Order limiting the number of 2nd Class Motor Vehicles to 40.

Adjournment
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massdee
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5299 Posts

Posted - 01/21/2011 :  6:50:53 PM  Show Profile Send massdee a Private Message  Reply with Quote
My guess would be the agenda isn't posted on the City's web site again.
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Tails
Administrator



2682 Posts

Posted - 01/21/2011 :  8:49:44 PM  Show Profile Send Tails a Private Message  Reply with Quote
Nope...but in the glass case and no one there to get a copy from. They got gist of the fact that they don't "have to" post them online, and choose to do so as a last priority.
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massdee
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5299 Posts

Posted - 01/22/2011 :  09:24:24 AM  Show Profile Send massdee a Private Message  Reply with Quote
So, it's to hell with the taxpayers who want the agenda's posted.
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tetris
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2040 Posts

Posted - 01/24/2011 :  11:27:36 AM  Show Profile Send tetris a Private Message  Reply with Quote
REGULAR MEETING OF THE BOARD OF ALDERMEN, MONDAY, JANUARY 24, 2011, 7:00 PM, PETER J. MCCARREN MEMORIAL CHAMBERS, EVERETT, MA 02149

COMMUNICATIONS FROM HIS HONOR THE MAYOR

1. A0026-11 Ordinance/s/Alderman Michael K. Marchese, as President
To amend Zoning Ordinances of the City of Everett by adding new Section 28 Stormwater Management and Land Disturbance Ordinance.

2. A0027-11 Ordinance/s/Alderman Michael K. Marchese, as President
To amend the Zoning Ordinances of the City of Everett by adding new Section 29 Governing Post-Construction Stormwater Managements of New Developments and Redevelopments.


PAPERS FROM THE COMMON COUNCIL

3. C0009-11 Order/s/Councilor Sergio Cornelio, as President
To accept donations totaling $1,050.00 to the Everett Parlin Memorial Library Account, $1,000 from Everett Foundation for Aged Persons to be expended on large print and audio books, and $50.00 from the American Library Association - an award for our assistance in providing information about health to young adults to be expended on a library item for the use of young adults. (Passed sent up for concurrence)

4. C0010-11 Order/s/Councilor Sergio Cornelio, as President
To accept donations totaling $3,100.00. $2,500 from Eagle Bank Employees and Customers, $500 from Elizabeth Jones and $100 from Rita Lincoln to the City of Everett's Office of Human Services Holiday Programs Account. (Passed sent up for concurrence)

5. C0007-11 Ordinance/s/Councilors Daniel Napolitano, Sergio Cornelio, Kenneth Giannelli, Peter Napolitano, David Rodrigues, Rosemary Miller, Adam Ragucci, Rosa DiFlorio, William Cardello, Cynthia Sarnie, Carlie Smith, Aldermen Michael Mangan, Sal Sachetta and Robert Van Campen
That the City of Everett establish a Water and Sewer Enterprise Fund in accordance with Mass. General Laws, Chapter 44, Section 53F 1/2. (Enrolled sent up for enrollment)


PETITIONS AND LICENSES

6. A0014-11
Petition for 2nd Class Motor Dealer License from Carlos Used Cars at 70 Chelsea Street. Repair stalls located at 67R Chelsea Street.

7. A0015-11
Petition for a Lodging House License from Robert H. Laquidara (Trustee) for 11-13 Ellsworth Street.

8. A0016-11
Petition for a Lodging House License from Robert H. Laquidara (Trustee) at 51 Cottage Street.

9. A0017-11
Petition for a Lodging House License from David A. Molle at 134 Linden Street.

10. A0018-11
Petition for a Lodging House License from David A. Molle for the Fenno's at 336 Broadway.

11. A0019-11
Petition for 2nd Class Motor Dealer License from Vigor Diesel Injection, Inc. at 50 Mystic Street.

12. A0020-11
Petition for 2nd Class Motor Dealer License from Vigor Diesel Injection, Inc. at 3 Bow Street.

13. A0021-11
Petition for 1st Class Motor Dealer License from Boston Freightliner, Inc. at 3 Bow Street.

14. A0022-11
Petition for 2nd Class Motor Dealer License from Vincent's Auto at 1795 Revere Beach Parkway.

15. A0025-11
Petition for precious metals dealer license only for the purchase of gold. no sales or resale will take place for All Checks Cashed, Inc. at 1998 Revere Beach Parkway.


COMMUNICATIONS

16. A0024-11
Notification of Facility Ownership from Constellation Energy at Mystic Station. (Copies in mailboxes).


UNFINISHED BUSINESS

17. A0220-10 Resolution/s/Alderman Robert Van Campen
Relative to continued delays in trash pick-up throughout the City of Everett; with a recommendation that a copy of the contract be provided to the City Council Office and that the matter be referred to the Mayor and Procurement Officer to review the contract for the purpose of reconvening early morning trash pickups in the City of Everett.

18. A0281-10
Petition for 2nd Class Motor Dealer License from Supreme Cars Incorporated at 157 Ferry Street.

19. A0316-10 Resolution/s/Alderman Joseph W. McGonagle
That the Mayor, Human Resources Director and the City Auditor appear this meeting to explain tax savings on the eliminating of fifty-three (53) positions. (12-30 Postponed to 1-24 meeting for City Auditor to appear).


NEW BUSINESS

20. A0011-11 Resolution/s/Alderman Michael Mangan
That State Senator Sal DiDomenico and Representative Stat Smith appear at the next meeting to inform the residents of Everett of any new gaming legislation that may be enacted this year.

21. A0012-11 Resolution/s/Alderman Michael Mangan
That Mayor DeMaria appear to discuss the possibility of advertising businesses on city property in order to raise additional revenue.

22. A0013-11 Resolution/s/Alderman L. Charles DiPerri
That the Committee on Licenses review the rules on awning permits.

23. A0023-11 Resolution/s/Alderman Michael K. Marchese
To ask the city Auditor what percentage of city property is tax exempt and to submit written response for this meeting.

24. A0028-11
BOA Worksheet Monday, January 24, 2011
1.Sponsor: Alderman Michael Mangan-That the street lights be fixed along Elm Street and Ferry Street
Referred to: City Services Wire Department.

Adjournment

Reminder:

1-25 6PM Committee on Rules & Ordinances Meeting

Respectfully submitted: Caroline McCorry, Administrative Assistant/Office Manager, Everett
City Council Office council@ci.everett.ma.us

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massdee
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5299 Posts

Posted - 01/24/2011 :  7:38:01 PM  Show Profile Send massdee a Private Message  Reply with Quote
Is Capitol Waste, or it's owner, a campaign contributor to the mayor? I thought I heard that somewhere, but not sure.

Edited by - massdee on 01/24/2011 7:41:00 PM
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Tails
Administrator



2682 Posts

Posted - 01/24/2011 :  8:16:28 PM  Show Profile Send Tails a Private Message  Reply with Quote
Capitol Waste held a big fundraiser for Carlo in May of 2009 at the Winthrop Arms, and then just after that, they charged the city for extra tonnage. It was questionable.
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massdee
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5299 Posts

Posted - 01/24/2011 :  8:37:09 PM  Show Profile Send massdee a Private Message  Reply with Quote
Is it customary for the city to sign five year contracts for our trash removal?

I am very uneasy about the BOA approving the Water and Sewer Enterprise Fund. Alderman DiPerri made a lot of sense. I agree, it's an accounting tool, but it certainly isn't an accountable tool. Watch out, it looks like our water bills are going to go through the roof.

Just my opinion.

Edited by - massdee on 01/24/2011 8:42:05 PM
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Tails
Administrator



2682 Posts

Posted - 01/24/2011 :  8:49:55 PM  Show Profile Send Tails a Private Message  Reply with Quote
In my opinion it’s a bad judgment call. The administration was aware of the problems with Capitol prior to signing the five year agreement and good luck even trying to get out of that contract. Capitol will have them tied up in so much litigation Mejia’s head would spin.

All that "accounting tool" was for the Water and Sewer Enterprise Fund was to take it out of the budget, since we are so close to Pro 2 1/2. Who was the one that changed their mind?
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massdee
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5299 Posts

Posted - 01/24/2011 :  8:52:51 PM  Show Profile Send massdee a Private Message  Reply with Quote
Only two voted for it last time, Sachetta and I would guess Van Campen.

Edited by - massdee on 01/24/2011 9:30:20 PM
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tetris
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2040 Posts

Posted - 01/24/2011 :  11:26:34 PM  Show Profile Send tetris a Private Message  Reply with Quote
I'm not pretending that I understand state procurement laws but I don't get why a trash hauling contract should be exempt from 30B. If it wasn't exempt, I don't believe that it could be more than 3 years. I sort of recall a contract for more than 3 years having to be approved by city council (or maybe just the aldermen?) back in the short-lived Clayton Carlisle days. I'll try to track that down but since the old agendas and meeting minutes have gone bye-bye off the city web site, it makes this type of research a lot harder. I was happy that RVC asked the question about the length though.

It almost sounded like a decent deal that the new trash hauling amount would be in the same ballpark for five years, around $1.5 million. But then I looked at what was budgeted for FY11, slightly over $1.3 million. So, a 15% increase over the current contract! Sorry, it should have gone out to bid.

As far as the enterprise fund goes, RVC and Sachetta voted for it the last time; I believe Mangan was for it but it was voted on when he was absent. I assumed that Millie Cardello must have changed her mind on it as there would have been no reason to reintroduce it otherwise, since none of the other no votes on the BOA would have changed their vote.

While I support the goal of the enterprise fund (water users pay for all water expenses), I believe that there is a loophole with its implementation. Any expenses shifted from the operating budget to the enterprise fund should be subtracted from the prior year's levy limit before calculating the next year's levy limit. This would avoid back-dooring Prop 2 ½. Unfortunately, state law doesn't appear to include such a provision.

Also, while I think that there are adequate protections in the law to control the expenses of the water department (approval of their budget and appropriations of any excess funds), they certainly aren't as iron-clad as Prop 2 ½ is. Protection of water payers interests would be solely in the hands of the city council. Not sure what to think about that; might work or it could be ugly.
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Tails
Administrator



2682 Posts

Posted - 01/25/2011 :  1:36:34 PM  Show Profile Send Tails a Private Message  Reply with Quote
The entire enterprise item was a piece of work.

1st off, no one but the alderman seen the agenda until the day of the meeting. I'm ticked off that the public was not alluded to the fact that it was even on the agenda (of course, I know we always have the infamous "Glass Case") then, the madam alderman Cardello conveniently changes her mind and never lets on why? What a work in progress!

Was that piece brought back right, since it failed before? Don't you have to file for reconsideration?

Am I also to assume that Capitol was exempt under Appendix A - # 30? If so, I could have sworn that Jill said Recycle was not exempt? I could be wrong.

When you are talking about a contact over a million dollars of TAXPAYER money a year, this is one item that SHOULD be put out to bid (if anything, for the best interest of the city) AND even on a State level it should NOT be exempt from 30B.

It boggles my mind that this administration goes and signs a 5 YEAR contract to a company that has not complied with the constituents of Everett and knowing perfectly well the complaints of Everett residents for late trash pick-up and that was NOT worded in the 5 year contract?? What's going on here?? I wonder how many more fundraisers & donations they will be giving the mayor after this?

Massachusetts Office of the Inspector General

Address:
Room 1311
John McCormack State Office Building
One Ashburton Place
Boston, MA 02108

Contact Information:
(617) 727 - 9140 (Main Office)
(617) 722 - 8838 (Chapter 30B)
(617) 523 - 1205 (MCPPO Program)
(617) 723 - 2334 (FAX)

You must be logged in to see this link.
(800) 322 - 1323 (Confidential 24-Hour Hotline)


Appendix A
Contracts Exempt from Chapter 30B

The following supply and service contracts are exempt from the requirements of Chapter 30B.

1. Public construction contracts subject to the provisions of M.G.L. c.30, §39M, M.G.L. c. 25A, §11I, or M.G.L. c.149, §§44A through 44J, inclusive. [M.G.L. c.30B, §1(b)(1).] See Chapter 9 for information on design and construction projects.

2. Public building design contracts subject to the provisions of M.G.L. c.7, §§38A½ - 38O, inclusive. [M.G.L., c.30B, §1(b)(2).] See Chapter 9 for information on design and construction projects.

3. Intergovernmental service agreements under the provisions of M.G.L. c.40, §4A. [M.G.L. c.30B, §1(b)(3).]

4. Agreements with the Commonwealth. [M.G.L. c.30B, §1(b)(4).]

5. Contracts for the purchase of materials, under specifications of the Massachusetts Highway Department, and at prices established by the Department, pursuant to advertising and bidding for such purpose, in connection with work to be performed under the provisions of M.G.L. c.81 or M.G.L. c.90. [M.G.L. c.30B, §1(b)(5).]

6. Contracts for the advertising of required notices. [M.G.L. c.30B, §1(b)(6).]

7. An agreement between agencies, boards, commissions, authorities, departments or public instrumentalities of one city or town. [M.G.L. c.30B, §1(b)(7).]

8. An agreement for the provision of special education pursuant to M.G.L. c.71B and regulations promulgated pursuant thereto. [M.G.L. c.30B, §1(b)(8).] This exemption applies to direct services delivered to children with special needs, such as transportation, counseling or education under an individual education program, as well as to any supplies used by children with special needs as part of an educational program. Other supplies and services, however, are not exempt simply because they are procured by the special education department.

For example, office supplies or computers to be used for office administration would not fall under this exemption.

9. A contract to purchase supplies or services from, or to dispose of supplies to, any agency or instrumentality of the federal government, the commonwealth or any of its political subdivisions or any other state or political subdivision thereof. [M.G.L. c.30B, §1(b)(9).]

10. The issuance of bonds, notes or securities in accordance with procedures established by law. [M.G.L. c.30B, §1(b)(10).] A-1

11. Contracts and investments made in connection with deferred compensation programs for employees in accordance with sections 57 or 57A of M.G.L. c.35 or sections 67 or 67A of M.G.L. c.44. [M.G.L. c.30B, §1(b)(11).]

12. A contract for the procurement of insurance or surety bonds, including an
agreement subject to the provisions of sections 1 to 16, inclusive, of M.G.L. c.40M or sections 25E to 25U, inclusive, of M.G.L. c.152. [M.G.L. c.30B, §1(b)(12).] The procurement of an insurance contract is exempt from Chapter 30B. Contracts for insurance-related services, however, are not exempt. You must follow Chapter 30B to procure insurance consulting, claims administration, or third-party billing services.

13. Contracts for the services of expert witnesses for use in an adjudicatory proceeding or litigation or in anticipation thereof. [M.G.L. c.30B, §1(b)(13).]

14. Contracts or agreements entered into by a municipal gas or electric department governed by a municipal light board, as defined by section 55 of M.G.L. c.164 or by a municipal light commission, as defined by section 56A of c.164; provided, however, that any such board or commission may accept the provisions of this chapter by a majority vote of its members. [M.G.L. c.30B, §1(b)(14).]

15. Contracts with labor relations representatives, lawyers, designers, or certified public accountants. [M.G.L. c.30B, §1(b)(15).]

This exemption applies only to services that could reasonably be restricted exclusively to labor relations representatives, lawyers, designers, or certified public accountants. Service contracts are not exempt from Chapter 30B simply because you select a labor relations representative, lawyer, designer or certified public accountant to perform the service. For example, a contract to computerize your accounting system is subject to Chapter 30B even if you contract with a CPA firm. Similarly, a contract to operate a water treatment facility is subject to Chapter 30B even if you choose an engineering firm, because the services for which you are contracting are not design services. Finally, keep in mind that contracts with architects and other designers for design services in connection with a building are subject to the designer selection law, M.G.L. c.7, §§38A½ - 38O. See Chapter 9 for more information on building design contracts.

16. Contracts with physicians, dentists, and other health care individuals or persons including nurses, nurses’ assistants, medical and laboratory technicians, health care providers including diagnosticians, social workers, psychiatric workers, and veterinarians. [M.G.L. c.30B, §1(b)(16).] This exemption applies only to services that could reasonably be restricted exclusively to physicians, dentists, and other health care individuals or entities. Other health care-related service contracts are not exempt from Chapter 30B simply because you select a physician, dentist or other health care individual to perform the service.

17. A contract for snow plowing services. [M.G.L. c.30B, §1(b)(17).]

18. A contract or lease by a governmental body of its boat slips, berths, or moorings. [M.G.L. c.30B, §1(b)(18).]

19. A contract for retirement board services. [M.G.L. c.30B, §1(b)(19).]

20. A contract which is funded by proceeds derived from a gift to a governmental body or a trust established for the benefit of a governmental body [M.G.L. c.30B, §1(b)(20).] 21. A contract for the towing and storage for motor vehicles. [M.G.L. c.30B, §1(b)(21).]

22. A contract to provide job-related training, educational or career development services to the employees of a governmental body. [M.G.L. c.30B, §1(b)(22).]

23. A contract pursuant to which a governmental body obtains services from a bank, as defined in section one of M.G.L. c.167, subject to the maintenance of a compensating balance. [M.G.L. c.30B, §1(b)(23).]

Compensating balance contracts are subject to the provisions of section 53F of
M.G.L. c.44, and rules established by the state Department of Revenue.
24. A contract for ambulance service by a governmental body.
[M.G.L. c.30B, §1(b)(24).] The procurement of ambulances is subject to Chapter 30B.

25. A contract to sell, lease or acquire residential, institutional, industrial or commercial real property by a public or quasi-public economic development agency or urban renewal agency engaged in the development and disposition of said real property in accordance with a plan approved by the appropriate authorizing authority. [M.G.L. c.30B, §1(b)(25).]

26. A contract for the collection of delinquent taxes or for the services of a deputy tax collector. [M.G.L. c.30B, §1(b)(26).]

27. Contracts or agreements entered into by a municipal hospital or a municipal department of health. [M.G.L. c.30B, §1(b)(27).]

28. Contracts entered into by a governmental body on behalf of a hospital owned by such governmental body where such contract is funded by expenditures from an operations account, so-called, or a special account, established pursuant to a special act that is maintained for the benefit of and designated with the name of such hospital. [M.G.L. c.30B, §1(b)(28).]

29. Contracts, agreements, or leases entered into by a municipal airport commission established under the provisions of section 51E of M.G.L. c.90, provided, however, that such contracts, agreements or leases apply to aviation uses or the sale of aviation fuel. [M.G.L. c.30B, §1(b)(29).]

30. A contract for the collection, transportation, receipt, processing, or disposal of solid waste, recyclable or compost able materials. [M.G.L. c.30B, §1(b)(30).]
A hazardous waste contract is not exempt.

31. An agreement for the purchase of photography services entered into by a public school. [M.G.L. c.30B, §1(b)(31).]

32. Energy aggregation contracts entered into by a political subdivision of the commonwealth for energy or energy related services arranged or negotiated by such subdivision on behalf of its residents. [M.G.L. c.30B, §1(b)(32).]

33. Energy contracts entered into by a city or town or group of cities or towns or political subdivisions of the commonwealth, for energy or energy related services; provided, however, that within 15 days of the signing of a contract for energy or energy related services by a city, town, political subdivision, or group of cities, towns or political subdivisions said city, town, political subdivision, or group of cities, towns or political subdivisions shall submit to the department of telecommunications and energy, the division of energy resources, and the office of the inspector general a copy of the contract and a report of the process used to execute the contract.
[M.G.L. c.30B, §1(b)(33).]

34. Contracts entered into between the Department of Public Health and regional emergency medical services councils pursuant to M.G.L. c.111C, §5. [M.G.L. c.30B, §1(b)(34).]


All purchases made through a collective purchasing agreement executed pursuant to M.G.L. c.22B are deemed to comply with Chapter 30B, provided that the lead jurisdiction responsible for making the procurement on behalf of the other jurisdictions complies with Chapter 30B. Similarly, purchases by a local government from a vendor pursuant to a statewide contract executed by the Operational Services Division are deemed to comply with Chapter 30B. [M.G.L. c.30B, §1(c).]

In addition, where a procurement involves the expenditure of federal assistance or contract funds, the provisions of Chapter 30B do not apply to the extent that such provisions prevent compliance with mandatory provisions of federal law and regulations. [M.G.L. c.30B, §1(d).]

Office of the Inspector General, Commonwealth of Massachusetts. All rights reserved.
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