HomeMy Public PortalAbout2021-04-13 Charter Review Assistance TOWN OF
1630
WATERTOWN
Office of the Town Manager
' Administration Building
149 Main Street
Watertown,MA 02472
• Phone: 617-972-6465
www.watertown-ma.gov
Michael J.Driscoll townmgr@watertown-ma.gov
Town Manager
To: Honorable Town Council p
From: Michael J. Driscoll, Town Manager
Date: April 8, 2021
RE: Agenda Item—Transfer of Funds Request
As a follow-up to the attached October 22, 2020 Agenda Item correspondence related to Fiscal
Year 2021 Budget Policy Guideline II.L., attached please find a copy of a March 301h email
regarding the Charter Review Assistance Agreement provision on additional services.
Given all of the above and in order to provide Charter Review assistance through the end of the
fiscal year, I respectfully request the attached transfer of funds be placed on the April 13, 2021
Town Council Agenda.
Thank you for your consideration in this matter.
cc: Town Charter Review Committee
Honorable School Committee
Honorable Library Board of Trustees
Department Heads
Transfer Amount$6,000
From: FY 2021 Town Council Reserve $ 6,000
0111152-570780
To: FY 2021 Charter Review Assistance $ 6,000
0194000-530329
1 hereby certify to the availability, authority of funding source, mathematical
accuracy and appropriate fiscal year.
D te/ Town Audit
r`r
TOWN OF
1630 WATERTOWN
• -01 Office of the Town Manager
• ;y Administration Building
149 Main Street
Watertown,MA.07,472
Phone:617-972-6465
www.watertown-ma.gov
Michael J.Driscoll townmgrCwatertown-ma.gov
Town Manager
To: Honorable Town Council
From: Michael J. Driscoll, Town Manager ✓ , . ' '�
Date: October 22,2020
RE: Agenda Item—Transfer of Funds Request
As you are aware,the Honorable Town Council's Fiscal Year 2021 Budget Policy Guideline
ILL.reads as follows: "Identify funding to hire a consultant to assist with the Town Charter
Review."
As a follow-up to discussions the Honorable Town Council President Marls S. Sideris had with
the Collins Center, attached please find a copy of a Professional Service Agreement regarding
the Charter Review Assistance Project.
Given all of the above and in accordance with the above mentioned Budget Policy Guideline,I
respectfully request the attached transfer of funds be placed on the October 27,2020 Town
Council Agenda,
Thank you for your consideration in this matter,
cc: Town Charter Review Committee
Honorable School Committee
Honorable Library Board of Trustees
Department Heads
Transfer Amount$12,000
From: FY 2021 Town Council Reserve $ 12,000
0111152-570780
To: FY 2021 Charter Review Assistance $ 12,000
0194000-530329
I hereby certify to the availability, authority of funding source, mathematical
accuracy and appropriate fiscal year.
DatW Town Auditor
100 Morrissey Boulevard
FABoston,MA 02125.3393
EDWARD J.COLLINS,JR. CENTER FOR PUBLIC MANAGEMENT P:617,287,4824
AMASS JOHN W.MCCORMACK GRADUATE SCHOOL OF POLICY AND GLOBAL STUDIES F:617,287,5566
BOSTON UNIVERSITY OF MASSACHUSETTS BOSTON mccorinaolt.un)b.edu/centers/cpni
collins,cente r0umb,edu
PROFESSIONAL SERVICE AGREEMENT
Town of Watertown
Charter Review Assistance Project
This Professional Service Agreement C Agreement")is made as of this day of October,2020 ("Effective
Date")between the Town of Watertown,MA,("Town"),and the University of Massachusetts ("UMass Boston"),
represented by its Edward J.Collins,Jr. Center for Public Management("Center"),having an address of 100
Morrissey Blvd,Boston,MA 02125-3393("the Parties"),
The Center has technical expertise,resources,and capacity available to it,and the Town wishes to engage the Center
to provide the Town with technical services.UMass Boston has determined that the proposed services to be provided
are consistent with its research,economic development,educational,and public service missions.
Therefore,the Parties hereto mutually agree as follows:
1.Professional Services. The Center agrees to provide the professional services described in Exhibit A,which is
attached hereto and incorporated herein by reference('Services").Trained personnel or sub-consultants of the Center
shall render the Professional Services.
2.Term, The Center will use reasonable efforts to provide the Professional Services doing the period from the date
of this Agreement until June 30,2021.Unless the parties agree to extend the term in writing,this Agreement shall
expire at the end of the term or upon the completion of the Professional Services,whichever shall first occur.
3. Confidentiality/Privacy. The Center shall comply with all applicable state and federal laws and regulations relating
to confidentiality and privacy. Notwithstanding the foregoing,the Center as part of the University of Massachusetts,
is subject to the provisions of the Massachusetts Public Records Law,
4.Payments. The Town agrees to pay to UMass Boston the fee of$12,000 for these services.This cost shall include
all Center staff time and overhead,The Center wM invoice the Town$6,000 after the first five meetings and the
remaining$6,000 upon the conclusion of the project.Should the Commission request team attendance and research
support for additional meetings beyond the 10 identified meetings,the project team will be available to provide such
support for$1,000 per meeting.The Town agrees to make payments upon receipt of invoices,The Center xeserves
the right to discontinue work if the Town fails to pay invoices within thirty(30)days of receipt.Payments shall be
made to"University of Massachusetts Boston"and shall be sent to:
Edward J, Collins Jr. Center for Public Management
University of Massachusetts Boston
100 Morrissey Blvd,
Boston,MA 02125-3393
Attn:Robert O'Keefe
5.Warranty Disclaimer.The Center shall perform the Services in a professional and workmanlike manner.The Center
shall endeavor to perform the Services within the schedule set forth herein,but is not liable fox failure to meet the
schedule.The foregoing warranties are in lieu of all other warranties,express,implied or statutory,including without
limitation any implied or express warranties of merchantability,fitness for a particular purpose,or non-infringement
of a patent or other intellectual property right.
6.Limitation of Liability,In no event shall UMass Boston be liable for any loss of profits,loss of use,loss of data,
cost of cover,indirect,special,exemplary,punitive,incidental or consequential damages of any kind in connection
1
with or arising out of this Agreement or the Services,even if UMass Boston has been advised of the possibility of
those damages.Notwithstanding the foregoing,in no event shall its liability arising out of this Agreement of relating
to the Services exceed the amounts actually paid.
7. Use of Names.The Town agrees that it will not utilize the name or seal of the University in any advertising
promotional material or publicity,without the express written consent of UMass Boston,Reciprocally,UMass Boston
will not utilize the name or corporate seal of the Town in any advertising promotional material or publicity,without
the express written consent of the Town.
8.Termination.This Agreement may be terminated by either of the Pasties upon thirty(30)days written notice of
termination to the other.If either of the Parties defaults in the performance of any of its material obligations under
this Agreement,then the non-defaulting party may give written notice of the default to the defaulting party.Unless the
default is corrected within thirty(30)days after the notice,the notifying party may terminate this Agreement
immediately upon written notice,Upon termination of this Agreement by either party,UMass Boston will be
reimbursed for all costs and non-cancelable commitments incurred in performance of the Professional Services prior
to the date of termination in any amount not to exceed the total commitment set forth in Section 4 of this Agreement.
Provided,however,that if professional services are not complete,then UMass Boston will return any pro rata share of
payment to the Town not otherwise expended,to the extent permissible.
9.Survival.The obligations of the parties under Sections 3,4,5,6, 7,8,and 9 survive termination of this Agreement.
10.Independent Contractor.Nothing contained in this Agreement shall be construed to constitute the Center or
UMass Boston as a partner,joint venture,employee,or agent of the Town,not shall either party have the authority to
bind the other in any respect,it being intended that each shall remain responsible for its own actions.
11. Governing Law.This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard
to any choice of law rules.The Parties agree to exclusive jurisdiction and venue in the Massachusetts Superior Court
in Suffolk County,
12.Entire Agreement.This Agreement constitutes the entire agreement between the Parties with respect to the
Services,supersedes all prior oral and written agreements with respect to the subject matter,and can be modified only
by a written instrument signed by both of the Parties which references this Agreement.
UMass Boston and the Town have caused this Agreement to be executed by their duly authorized representatives as
of the Effective Date,
Town UMass Boston
BY, BY
Michael Ward,Director
NAME:
TITLE:
BYE
Shala Bonyun,Associate Director of ORSP
BY:
NAME:
TITLE:
2
Exhibit A: Scope of Services
1. Overview.
The Town of Watertown has requested assistance for its Charter Review Commission during the Town's charter-
mandated 10-year-review process.The Center's approach to charter review work is to customize the project to
the needs of the particular commission, Some commissions want Center staff to manage the charter review
process, providing a structure to the order of the work and walking the commission through key decision points,
while other commissions want to manage their own processes and ask for assistance as needed. Some
commissions prefer Center staff to be at meetings to answer questions, while other commissions want Center
staff to lead and facilitate their discussions.
2. Deliverables and Plan of Work
The scope includes assistance to the Charter Review Commission during selected meetings in the form of;
a. Facilitation—The project team will help the Commission productively discuss significant topics
by assisting with a decision-making plan and options, providing frameworks for decision-making,
providing research and examples, etc.;
b. General guidance—The project team will provide guidance on substantive aspects of the charter;
and
c. Research—As requested by the Commission, the project team will conduct research, including
examples of charters and/or language from comparable communities or other municipalities of
interest,options for various charter elements, etc.
The Center project team will attend Commission meetings where the project team's attendance is requested by
the Commission,and scheduled in advance with the project team,up to a total of ten (10) meetings.Please note
that these meetings do not have to be consecutive,
The project team will be available to the Chair of the Commission or a designee between meetings for consultation
by phone or email,and the project team will provide research on topics requested In advance of the meeting and
follow-up research on major questions raised during the meeting,
Note: Due to the COVID-19 pandemic, it Is assumed that all meetings will be virtual unless an alternative is
agreed upon by the Collins Center and the Town. The Center Is confident that all work can be accomplished
virtually, while still meeting the Center's professional standards,
3
Driscoll, Michael
From: Michael Ward <Michael.Ward@umb.edu>
Sent: Tuesday, March 30, 2021 2:33 PM
To: Driscoll, Michael
Cc: Sideris, Mark
Subject: Charter review assistance agreement provision on additional services
Attachments: Watertown (Charter Review Assistance Project) (Fully executed) 11-17-2020.pdf
Mr. Driscoll,
I'm writing to let you know that, per section 4 of the attached executed agreement between the Center and the Town,
we have provided services for the initial 10 charter review committee meetings as specified. Going forward, work for
additional meetings will be billed at an additional $1,000 per meeting, including research, preparation, attendance, and
follow-up. We will include the additional amount incurred (along with dates of services provided) on the final invoice.
Please let me know if you have any questions or concerns about this.Thank you.
Best,
Mike
Michael Ward
Director
Edward J. Collins,Jr. Center for Public Management
McCormack Graduate School of Policy and Global Studies
UMass Boston
Website: https://www.umb.edu/ci)m
Email: michael.wardPumb.edu
Twitter: @MichaelWardCC
1
100 Morrissey Boulevard Boston,MA 021253893
FA EDWARD J.COLLINS JR.CENTER FOR PUBLIC MANAGEMENT P:617.287.4824
UMASS JOHN W.MoCORMACK GRADUATC SCHOOL OF POLICY AND GLOBAL STUDIES F:617.287,5566
SOSTON UNIVERSITY OF MASSACHUSETTS BOSTON mcconnaolc,umb,edu/oenters/cpni
collins.aenler@umb.edu
PROFESSIONAL SERVICE AGREEMENT
Town of Watertown
Charter Review Assistance Project
This Professional Service Agreement("Agreement")is made as of thus M4 day of October,2020("Effective
Date")between the Town of Watertown,MA,("Town"),and the University of Massachusetts("UMass Boston"),
represented by its Edward J. Collins,Jr,Center for Public Management('Center"),having an address of 100
Morrissey Blvd,Boston,MA 02125-3393("the Parties").
The Center has technical expextise,resources,and capacity available to it,and the Town wishes to engage the Center
to provide the Town with technical services.UMass Boston has determined that the proposed services to be provided
are consistent with its research,economic development,educational,and public service missions.
Therefore,the Parties hereto mutually agree as follows:
1.Professional Services. The Center agrees to provide the professional services described in Exhibit A,which is
attached hereto and incorporated herein by reference("Services").Trained personnel or sub-consultants of the Center
shall tender the Professional Services,
2,Term. The Center will use reasonable efforts to provide the Professional Services during the period from the date
of this Agreement until June 30,2021,Unless the parties agree to extend the term in writing,this Agreement shall
expire at the end of the term or upon the completion of the Professional Services,whichever shall first occur.
3,Confidentiality/Privacy. The Center shall comply with all applicable state and federal laws and regulations relating
to confidentiality and privacy. Notwithstanding the foregoing,the Center as part of the University of Massachusetts,
is subject to the provisions of the Massachusetts Public Records Law,
4,Payments, The Town agrees to pay to UMass Boston the fee of$12,000 fox these services,Thus cost shall include
all Center staff time and overhead,The Center will invoice the Town$6,000 after the first five meetings and the
remaining$6,000 upon the conclusion of the project,Should the Commission request team attendance and research
support for additional meetings beyond the 10 identified meetings,the project team will be available to provide such
support for$1,000 per meeting.The Town agrees to make payments upon receipt of invoices.The Center reserves
the right to discontinue work if the Town fails to pay invoices within thirty(30)days of receipt.Payments shall be
made to"University of Massachusetts Boston"and shall be sent to:
Edward J,Collins Jr.Center for Public Management
University of Massachusetts Boston
100 Morrissey Blvd.
Boston,MA 02125-3393
Attn:Robert O'Keefe
5,Warranty Disclaimer,The Center shall perform the Services in a professional and workmanlike manner,The Center
shall endeavor to perform the Services within the schedule set forth herein,but is not liable for failure to meet the
schedule.The foregoing warranties are in lieu of all other warranties,express,implied or statutory,including without
limitation any implied or express warranties of merchantability,fitness for a particular purpose,or non-infringement
of a patent or other intellectual property right.
6.Limitation of Liability.In no event shall UMass Boston be liable for any loss of profits,loss of use,loss of data,
cost of cover,indirect,special,exemplary,punitive,incidental or consequential damages of any kind in connection
1
with or arising out of this Agreement or the Services,even if UMass Boston has been advised of the possibility of
those damages.Notwithstanding the foregoing,in no event shall its liability arising out of this Agreement or relating
to the Services exceed the amounts actually paid,
7. Use of Names.The Town agrees that it will not utilize the name or seal of the University in any advertising
promotional material or publicity,without the express written consent of UMass Boston,Reciprocally,UMass Boston
will not utilize the name or corporate seal of the Town in any advertising promotional material or publicity,without
the express written consent of the Town.
8.Termination.This Agreement may be terminated by either of the Parties upon thirty(30)days written notice of
termination to the other,If either of the Parties defaults in the performance of any of its material obligations under
this Agreement,then the non-defaulting party may give written notice of the default to the defaulting party.Unless the
default is corrected within thirty(30)days after the notice,the notifying party may terminate this Agreement
immediately upon written notice.Upon termination of this Agreement by either party,UMass Bostori will be
reimbursed for all costs and non-cancelable commitments.incurred in performance of the Professional Services prior
to the date of termination in any amount not to exceed the total commitment set forth in Section 4 of this Agreement.
Provided,however,that if professional services axe not complete,then UMass Boston will return any pro xata share of
payment to the Town not otherwise expended,to the extent permissible,
9,Survival.The obligations of the parties under Sections 3,4,5,6,7,8,and 9 survive termination of this Agreement,
10.Independent Contractor,Nothing contained in this Agreement shall be construed to constitute the Centex or
UMass Boston as a partner,joint venture,employee,or agent of the Town,nor shall either patty have the authority to
bind the other in any respect,it being intended that each shall remain responsible fox its own actions,
11.Governing Law,This Agreement is governed by the laws of the Commonwealth of Massachusetts without regard
to any choice of law rules.The Parties agree to exclusive jurisdiction and venue in the Massachusetts Superiox Court
in Suffolk County.
12.Entire Agreement,This Agreement constitutes the entice agreement between the Parties with respect to the
Services,supersedes all prior oral and written agreements with respect to the subject matter,and can be modified only
by a written instrument signed by both of the Parties which references this Agreement.
UMass Boston and the Town have caused this Agreement to be executed by their duly authorized representatives as
of the Effective Date.
7,.ow UMass Boston
BY; BY:
Michael Ward,Director
NAME: lee
TITLE:
BY,' _
6/0 Sbala Bonyun,Asso ate Director of ORSP
BY;
NAME: ,n S /�h
TITLE: U 1'7bY��ziy.
2
Exhibit A: Scope of Services
1, Overview
The Town of Watertown has requested assistance for Its Charter Review Commission during the Town's charter-
mandated 10-year-review process.The Center's approach to charter review work Is to customize the project to
the needs of the particular commission. Some commissions want Center staff to manage the charter review
process, providing a structure to the order of the work and walking the commission through key decision points,
while other commissions want to manage their own processes and asl< for assistance as needed, Some
commissions prefer Center staff to be at meetings to answer questions, while other commissions want Center
staff to lead and facilitate their discussions,
2. Deliverables and Plan of Work
The scope includes assistance to the Charter Review Commission during selected meetings in the form of:
a. Facilitation—The project team will help the Commission productively discuss significant topics
by assisting with a decision-making plan and options,providing frameworks for decision-making,
providing research and examples, etc.;
b. General guidance—The project team will provide guidance on substantive aspects of the charter;
and
c, Research--As requested by the Commission, the project team will conduct research, including
examples of charters and/or language from comparable communities or other municipalities of
Interest,options for various charter elements,etc.
The Center project team will attend Commission meetings where the project team's attendance is requested by
the Commission,and scheduled in advance with the project team, up to a total of ten (10) meetings. Please note
that these meetings do not have to be consecutive.
The project team will be available to the Chair of the Commission or a designee between meetings for consultation
by phone or email,and the project team will provide research on topics requested in advance of the meeting and
follow-up research on major questions raised during the meeting.
Note: Due to the COVID49 pandemic, it is assumed that all meetings will be virtual unless an alternative is
agreed upon by the Collins Center and the Town. The Center Is confident that all work can be accomplished
virtually,while still meeting the Center's professional standards,
3