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HomeMy WebLinkAbout2020-05-28 Board of Health Minutes North Andover Board of Health Meeting Minutes Thursday—May 28, 2020 7:00 p.m. VIRTUAL MEETING Present: Frank MacMillan,Joseph McCarthy,Patrick Scanlon,Michelle Davis,Daphne Alva-LaFluer,Brian LaGrasse,Stephen Casey Jr,Caroline Ibbitson and Toni K.Wolfenden. I. CALL TO ORDER The meeting was called to order at 7:03 pm. Chairman Frank MacMillan read the following statement: Pursuant to Governor Baker's March 12,2020 Order Suspending Certain Provisions of the Open Meeting Law,G.L.c.30A, Section 18,and the Governor's March 15,2020 Order imposing strict limitation on the number of people that may gather in one place,this meeting of the North Andover Board of Health will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website,at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.ore. No in-person attendance of members of the public will be permitted,but every effort will be made to ensure that the public can adequately access the proceedings in real time,via technological means. In the event that we are unable to do so,despite best efforts,we will post on the Town of North Andover website an audio or video recording, transcript,or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to blagrasseAnorthandoverma.gov The question/comment will be read during the proceedings and responded to accordingly. II. APPROVAL OF MINUTES Meeting Minutes from April 23,2020 were presented for signature. Motion was made by Joseph McCarthy to approve the minutes,the motion was seconded by Patrick Scanlon,all were in favor and the minutes were approved.(5-0-0) Meeting Minutes from May 7,2020 were presented for signature. Motion was made by Joseph McCarthy to approve the minutes,the motion was seconded by Patrick Scanlon,all were in favor and the minutes were approved.(5-0-0) 2019 North Andover Board of Health Meeting Page 1 of 4 Board of Health Members:Dr.Francis P.MacMillan,Jr.,MD,Chairman/Town Physician;Joseph McCarthy,Member/Clerk; Michelle Davis,RN,Member;Daphnee Alva-LaFleur,Member;Patrick Scanlon,DO,Member Health Department Staff: Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K. Wolfenden,Health Department Assistant III. NEW BUSINESS A. MOTION made by Joseph McCarthy to extend the Tech Environmental,Inc.contract for one year with the expiration date of May 31,2021. Motion seconded by Michelle Davis.All were in favor and the motion was approved.(5-0-0) B. MOTION made by Michelle Davis to nominate Joseph McCarthy as Chairman of the Board. Motion seconded by Daphnee Alva-LaFluer. All were in favor and the motion was approved.(5-0-0) C. MOTION made by Michelle Davis to nominate herself as Clerk of the Board. Motion seconded by Dr.Frank MacMillan. All were in favor and the motion was approved.(5-0-0) D. MOTION made by Joseph McCarthy to immediately resend the Emergency Order for Employees of Grocery Stores and other Food Retailers because it is already superseded by the Commonwealth of Massachusetts Mask in Public Order dated May 6,2020. Motion seconded by Dr.Patrick Scanlon. All were in favor and the motion was approved.(5-0-0) IV. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Tech Environmental,Inc.is contracted the by Town of North Andover,Health Department for the environmental monitoring of Wheelabrator. The contract has been brought before the Board to discuss the extension of the contract for one year. B. COVIDI9 Updates-Brian LaGrasse begins the COVIDI9 update. As of today,Massachusetts has under 95,000 cases of COVIDI9 with 675 new cases,which is trending down. The Commonwealth of Massachusetts has completed 562,000 tests to date,which is top five in the country per capita. Currently, the Commonwealth is at an eight percent positive testing percentage which is a very good average. There are currently 2100 hospitalizations in Massachusetts. Phase one activity will be monitored and the data analyzed to see how Massachusetts will be impacted. At this time,North Andover is focusing on reopening businesses and supporting phase one questions. The Health Department has been helping businesses with overall guidance,checklists,signage and self-certifications. With the opening of many different companies,this brings in many gray areas for businesses that are not in specific classifications. Mask complaints continue. Masks are required in public buildings. If one cannot social distance,masks are required. Steven's Pond and Summer Fun Program are currently being evaluated. New rules and social distancing policies will be applied. Playgrounds are not open yet,but are scheduled to be opened in phase two. Governor Baker did announce a 36 million dollar food securities grant for food producers, retailers,and distributors. Distributors are encouraging farmers markets and nutritious foods and utilizing the producers in the state to get the food out to the public. Additional grants will be going toward food distribution infrastructure. As of today,the Town of North Andover has 313 confirmed cases, 157 of those have recovered,with 31 deaths and 2500 people have been tested for COVID19. Caroline Ibbitson,with the help of the school nurses have been tackling a large caseload. The town has seen an increase of the antibody testing. The nurses have been following up with the people who have tested positive for antibodies. These patients need to have the PCR swab completed or stay in isolation to ensure they are not actively infectious. Follow up with positive cases continues. This is to ensure the patient is isolating and that their contacts are quarantining and being tested. Caroline continues to support long term care facilities. Some are in the process of retesting their positive cases. Some long term care facilities are using the retest strategy,two negative swabs and the patient can be removed from isolation. Caroline continues to support local organizations as we begin to open up. Stephen Casey Jr. continues to respond to complaints and questions. If there is a mask complaint for a local restaurant,an inspection is completed and Stephen focuses on education as opposed to fines. Stephen has begun to complete normal health department tasks such as plan reviews and permitting. He also has organized the re-opening information and created public service announcements(PSA)for social media,and food establishments. There have been many questions on pools and the ability to be opened. Stephen continues to assist other departments with the possible re-opening of town hall to ensure a safe environment. He created a PSA for telehealth to encourage the public to reach out to their primary care physicians and specialists with health concerns and checkups. General operations are still required for the Health Department and normal everyday activities are ongoing. C. The Farmers Market is planning to continue for this summer season. Many of the vendors have dropped out due to the COVIDI9 situation. The booths will be spaced appropriately for proper social distancing. The design is based on social distancing,one-way traffic,one-way entering and curbside pickup. North Andover Board of Health Meeting Minutes Thursday—May 28, 2020 7:00 p.m. VIRTUAL MEETING Employees and Volunteers will be masked,and gloved. Hand sanitizer and wipes will be available. Patrons are required to wear masks. Joseph McCarthy and Frank MacMillan with the support of Brian LaGrasse discuss the state guidelines,requirements,orders and data. D. Town Meeting is being held on Tuesday June 16,2020 at the Joseph Walsh Stadium located at North Andover High School. Brian LaGrasse has been working closely with the Town Meeting Committee to come up with the best options. Brian has been talking with Joseph McCarthy and Irene O'Brien,Senior Center Director about the concerns with the senior population,outdoor town meeting,access,attendance and voting. Joe is concerned about attendance for the seniors citizens. The purpose for the meeting is to vote on the town warrant. Warrant article number 12,which is on acquiring land located adjacent to where the new senior center will be located. Having the meeting outdoors is inconvenient for elderly but it is safer. There will be tents,senior parking,level access,temporary bathrooms located on the field, seats not stadium bleachers,and mosquito control. Joe,who is also a member of the Council on Aging, is concerned the elderly advocates may not have been on the Town Meeting Committee. E. Elections-Frank MacMillan requests nominations for new Board of Health Chairperson. Dr.Frank MacMillan's appointment ends on June 30,2020. Frank MacMillan requests nominations for a new Board of Health Clerk. Brian LaGrasse has been working with different town officials with the upcoming town election. Occupancy and having a valid election is a concern. The traffic flow for employees/volunteers and voters is being addressed. The typical occupancy of the field house is 2229 people. 40%of this figure would be 892 people,cutting it to 20%will total 446 people. This number is still concerning. Voters will go in through one door,follow proper social distancing,go to the precinct booth,then check out,walk out a separate door,and exit to get back to the parking lot. It will be looped,one way traffic. Joe has requested a walkthrough of the field house.Trudy Reid,Town Clerk,will attend. It will allow for visualization of the layout. Employees/Volunteers will have access to masks,gloves,sanitizer,and for added protection, double tables will be utilized. Voters will be six feet away. The election has been paired down to essential workers only. Town staff will be filling in for the elderly volunteers. Emergency management will be present to help with flow and direction. F. Septic Installer-Brian LaGrasse discusses an issue with a septic installer. The town has a permitted septic installer who is not completing work in a timely manner. The Health Department does not have a policy that states an installer must complete the work in a specific time bracket. Recently,the installer was hired for a repair,which took three months and ultimately the work was not completed due to personal reasons. Another permitted installer completed the repair. The Board has requested to read and review the email complaints. The Board requests a four-week expiration date to be placed on disposal works construction permits with an extension to be requested through an appeal. A legal notice will be sent out to change the septic regulations. Brian will contact the septic installer to attend a future meeting. G. Mask Order Review-On May 6,2020 an Emergency Order was issued from Governor Baker that requires face masks for all persons over the age of two when out in public. On April 24,2020 the North Andover Board of Health issued an Emergency Order for Employees of Grocery Stores and other Food Retailers to wear facial coverings. Joe has requested consistency with the orders. Frank has recommended that the town's mandate expire when the state lifts the order. Patrick recommends ending the town's mandate because the state supersedes. 2019 North Andover Board of Health Meeting Page 3 of 4 Board of Health Members:Dr.Francis P.MacMillan,Jr.,MD,Chairman/Town Physician;Joseph McCarthy,Member/Clerk; Michelle Davis,RN,Member;Daphnee Alva-LaFleur,Member;Patrick Scanlon,DO,Member Health Department Staff: Brian LaGrasse,Health Director;Stephen Casey Jr.,Health Inspector;Caroline Ibbitson,Public Health Nurse;Toni K. Wolfenden,Health Department Assistant H. Mobile Food Ice Cream Truck Permits-Stephen Casey discusses permitting ice cream trucks. The movement across the state is that ice cream trucks are being permitted. Vendors must abide by social distancing guidelines and rules. Trucks must have signage for lines to be single file. If guidelines and protocols are not followed,permits will be revoked for violations and the appeal process will be to come before the Board of Health. V. ADJOURNMENT MOTION made by Joseph McCarthy to adjourn the meeting.Daphnee Alva-LaFleur seconded the motion and all were in favor.The meeting adjourned at 8:34 pm.(5-0-0) Prepared by: Toni K. Wolfenden, Health Dept.Assistant Reviewed bv: All Board of Health Members&Brian LaGrasse, Health Director Si ng ed bX: Z3zE-c�.a.�i. ,e�o,�� ����//y :Z ;o-9 Joseph McCarthy, Clerk of the Board Date Signed Documents Used At Meeting: Agenda Tech Environmental Letter and Contract Emergency Order for Employees of Grocery Stores and other Food Retailers Update Regarding Mask in Public order from Governor Baker North Andover Board of Health Agenda Thursday,May 28,2020 7:00 p.m. OPEN SESSION VIRTUAL MEETING Live broadcast can be heard on www.northandovercam.org 1. CALL TO ORDER IL APPROVAL OF MINUTES A. April 23,2020 III. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION A. Tech Environmental Contract B. COVID-19—Updates C. Elections—Board of Health D. Septic Hauler Discussion IV. ADJOURNMENT Pursuant to Governor Baker's March 12, 2020 Order Suspending Certain Provisions of the Open Meeting Law, G.L. c. 30A, Section 18, and the Governor's March 15, 2020 Order imposing strict limitation on the number of people that may gather in one place, this meeting of the North Andover Board of Health will be conducted via remote participation to the greatest extent possible. Specific information and the general guidelines for remote participation by members of the public and/or parties with a right and/or requirement to attend this meeting can be found on the Town's website, at www.northandoverma.gov. For this meeting, members of the public who wish to watch the meeting may do so on their televisions by tuning to Comcast Channel 8 or Verizon Channel 26 or online at www.northandovercam.org. No in-person attendance of members of the public will be permitted, but every effort will be made to ensure that the public can adequately access the proceedings in real time, via technological means. In the event that we are unable to do so, despite best efforts, we will post on the Town of North Andover website an audio or video recording, transcript, or other comprehensive record of proceedings as soon as possible after the meeting. If the public would like to participate in public hearings please email your question/comment prior to or during the meeting to b lag rasse(�northandoverma.gov The question/comment will be read during the proceedings and responded to accordingly. 2019 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Dr.Frank MacMillan,Jr.,Chairman/Town Physician;Joseph McCarthy,Member/Clerk;Michelle Davis,RN,Member;Daphnee Alva-LaFleur,Member;Patrick Scanlon,D.O.,Member Health Department Staff:Brian LaGrasse, Health Director;Stephen Casey Jr.,Health Inspector; Caroline Ibbitson,Public Health Nurse;Toni K.Wolfenden,Health Department Assistant . Town of North Andover ' Office of the Town Manager .G. North Andover Town Hall 120 Main Street k" North Andover, MA 01845 mrodrigues@northandoverma.gov w. Melissa Murphy-Rodrigues Telephone (978)688-9510 Town Manager Fax (978)688-9556 May 26, 2020 Michael T. Lannan, president Tech Environmental, Inc. 303 Wyman Street, Suite 295 Waltham, MA 02451 Dear Mr. Lannan: In accordance with the provisions of the contract between the Town of North Andover and Tech Environmental (Contrast #1066), the contract to provide environmental monitoring of Wheelabrator- North Andover is extended one last additional option year(June 1, 2020 through May 31, 2021). If you have any questions and/or concerns,please contact Brian LaGrasse, Health Director, at 978-688- 9540. Sincerely, Melissa Murphy-Rodrigues Town Manager Cc: Brian LaGrasse, Health Director TOWN OF NORTH ANDOVER CONTRACT (GOODS / SERVICES) CONTRACT# DATE: 03 -a9-001 S' This Contract is entered into on, or as of this date by and between the Town of North Andover(the "Town"), and Contractor: Tech Environmental, Inc. Address: 303 Wyman Street, Suite 295 Waltham, MA 02451 Telephone Number: 781-890-2220 Fax Number: 781-890-9451 1. This is a Contract for the procurement of the following: Environmental monitoring of Wheelabrator—North Andover for the period of June 1, 2018 through May 31, 2019, with two additional one-year renewals solely at the discretion of the Town, in accordance with the Invitation for Bids dated February 12, 2018 2. The Contract price to be paid to the Contractor by the Town of North Andover is: S 17,900 3. Payment will be made as follows: Upon completion of services and receipt of invoice (net 30) 4. Definitions 4.1 Acceptance:All Contracts require proper acceptance of the described goods or services by the Town of North Andover. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 1 by authorized representatives of the Town to insure that the goods or services are complete and are as specified in the Contract. 4.2 Contract Documents: All documents relative to the Contract including(where used) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period or proposal. The Contract documents are complementary, and what is called for by any one shall be as binding as if called for by all. The intention of the document is to include all labor and materials,equipment and transportation necessary for the proper performance of the Contract. 4.3 The Contractor: The"other party"to any Contract with the Town. This term shall (as the sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label used to identify the other party in the particular Contract. Use of the term"Contractor"shall be understood to refer to any other such label used. The Contractor's relationship to the Town is that of an independent contractor and not that of an agent or employee of the Town. 4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services are performed, or the goods delivered, in accordance with Contract documents, as modified by approved Amendments and Change Orders. 4.5 Goods: Goods, Supplies or Materials. 4.6 Sub-Contractor: Those having a direct Contract with the Contractor. The term includes one who furnished material worked to a special design according to the Drawings or Specifications of this work, but does not include one who merely furnishes material not so worked. 4.7 Work: The services or materials contracted for, or both. 5. Term of Contract and Time for Performance This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract Documents on or before May 31, 2019, unless extended pursuant to a provision for extension contained in the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits stated in the Contract documents are of the essence of the Contract. 6. Subject to Appropriation Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. The Town may immediately (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental;Inc. Page 2 terminate or suspend this Agreement without liability on the part of the Town for damages, penalties or other charges in the event the appropriation funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated future obligations under this Agreement. 7. Permits and Ap rovals Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of the Contract shall be secured and paid for by the Contractor. 8. Termination and Default 8.1 Without Cause. The Town may terminate this Contract at its sole discretion on seven (7)calendar days' notice when in the best interests of the Town by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor,or when received by fax,express mail,certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. Upon termination without cause, Contractor will be paid for services rendered to the date of termination. 8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition of this Contract, the Town may terminate this Contract on seven (7) days' notice by providing notice to the Contractor, which shall be in writing and shall be deemed delivered and received when given in person to the Contractor, or when received by fax, express mail, certified mail return receipt requested, regular mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by the Contractor. 8.3 Default. The following shall constitute events of a default under the Contract: 1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform any of its obligations under this Contract including, but not limited to the following: (i) failure to commence performance of this Contract at the time specified in this Contract due to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform this Contract with sufficient personnel and equipment or with sufficient material to ensure the completion of this Contract within the specified time due to a reason or circumstance within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable time the services that were rejected by the Town as unsatisfactory, or erroneous, (v) discontinuance of the services for reasons not beyond the Contractor's reasonable control, (vi) failure to comply with a material term of this Contract, including, but not limited to, the provision of insurance and non-discrimination, (vii)any other acts specifically and expressly stated in this Contract as constituting a basis for termination of this Contract, and (viii) failure to comply with any and all requirements of federal or state law and/or regulations,and Town bylaws and/or regulations. (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 3 9. The Contractor's Breach and the Town's Remedies Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed a material breach of this Contract, and the Town of North Andover shall have all the rights and remedies provided in the Contract documents,the right to cancel,terminate, or suspend the Contract in whole or in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to a breach of this Contract,including damages and specific performance, and the right to select among the remedies available to it by all of the above. From any sums due to the Contractor for services, the Town may keep the whole or any part of the amount for expenses, losses and damages incurred by the Town as a consequence of procuring services as a result of any failure, omission or mistake of the Contractor in providing services as provided in this Contract. 10. Statutory Compliance 10.1 This Contract will be construed and governed by the provisions of applicable federal, state and local laws and regulations; and wherever any provision of the Contract or Contract documents shall conflict with any provision or requirement of federal, state or local law or regulation, then the provisions of law and regulation shall control. Where applicable to the Contract,the provisions of the Massachusetts General Laws are incorporated by reference into this Contract, including, but not limited to, the following: M.G.L. Chapter 30B—Procurement of Goods and Services. M.G.L. Chapter 30, Sec. 39, et seq: -Public Works Contracts. M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts. 10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal contract,then it shall be understood that this Agreement shall import such term or provision into this Contract. To whatever extent any provision of this Contract shall be inconsistent with any law or regulation limiting the power or liability of cities and towns, such law or regulation shall control. 10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the performance of the Contract. If the Contractor performs the Contract in violation of any applicable law or regulation, the Contractor shall bear all costs arising therefrom. 10.4 The Contractor shall keep itself fully informed of all existing and future State and National Laws and Municipal By-laws and Regulations and of all orders and decrees (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 4 of any bodies or tribunals having jurisdiction in any manner affecting those engaged or employed in the work, of the materials used in the work or in any way affecting the conduct of the work. If any discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business or Contract for this work in violation of any such law, by-law, regulation, order or decree, it shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and comply with all such existing and future laws, by-laws, regulations, orders and decrees; and shall protect and indemnify the Town of North Andover,and its duly appointed agents against any claim or liability arising from or based on any violation whether by it or its agents, employees or subcontractors of any such law,by-law,regulation or decree. 11. Conflict of Interest Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law(General Laws c268A),and this Contract expressly prohibits any activity which shall constitute a violation of that law. The Contractor shall be deemed to have investigated the application of M.G.L. c268A to the performance of this Contract; and by executing the Contract documents the Contractor certifies to the Town that neither it nor its agents, employees, or subcontractors are thereby in violation of General Laws Chapter 268A. 12. Certification of Tax Compliance This Contract must include a certification of tax compliance by the Contractor, as required by General Laws c62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision). 13. Affirmative Action;Non-Discrimination The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c 151 B (Law Against Discrimination) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor shall comply with all federal and state laws,rules and regulations promoting fair employment practices or prohibiting employment discrimination and unfair labor practices and shall not discriminate in the hiring of any applicant for employment nor shall any qualified employee be demoted,discharged or otherwise subject to discrimination in the tenure,position,promotional opportunities, wages, benefits or terms and conditions of their employment because of race, color, national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising any rights afforded by law. 14. Condition of Enforceability Against the Town This Contract is only binding upon,and enforceable against,the Town if: (1)the Contract is signed by the Town Manager or its designee; and (2) endorsed with approval by the Town (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 5 Accountant as to appropriation or availability of funds; and (3)endorsed with approval by the Town Counsel as to form. 15. Corporate Contractor If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other documentation satisfactory to the Town certifying the corporate capacity and authority of the party signing this Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument stating that such authority continues in full force and effect as of the date the Contract is executed by the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, c181, §3, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 16. Liability of Public Officials To the full extent permitted by law, no official, employee, agent or representative of the Town of North Andover shall be individually or personally liable on any obligation of the Town under this Contract. 17. Indemnification The Contractor shall indemnify, defend and save harmless the Town, the Town's officers, attorneys, agents and employees, from and against any and all damages, liabilities, actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and judgments of every nature and description (including reasonable attorneys' fees) that may arise in whole or in part out of or in connection with the work being performed or to be performed, or out of any act or omission by the Contractor,its employees,agents,subcontractors,material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,regardless of whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to reimburse the Town for damage to its property caused by the Contractor, its employees, agents, subcontractors or material men,and anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, including damages caused by his, its' or their use of faulty, defective, or unsuitable material or equipment,unless the damage is caused by the Town's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 6 18. Workers Compensation Insurance The Contractor shall provide by insurance for the payment of compensation and the furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The Worker's Compensation Act) to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General Laws of Massachusetts. Failure to provide and continue in force such insurance during the period of this Contract shall be deemed a material breach of this Contract,shall operate as an immediate termination thereof, and the Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this Contract in a form satisfactory to the Town before the same shall be binding on the parties thereto, except if specifically waived by the Town. 18.1 The Contractor further understands and agrees that in rendering services to the town under this Contract that the Contractor is an independent contractor and not an employee of the Town, that the Contractor is not covered by the Town's Workers' Compensation, or liability insurance, that the Contractor shall not make any claim against the Town, its officers, agents and employees and that the Contractor indemnifies,holds harmless,and releases the Town from any claims of the Contractor or of any other party that may arise in whole or in part out of or in connection with the work being performed by the Contractor. 19. Documents, Materials, Etc. Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor under this Contract are to be kept confidential and shall not be made available to any individual or organization by the Contractor (except agents, servants, or employees of the Contractor)without the prior written approval of the Town,except as otherwise required by law. The Contractor shall comply with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they relates to public documents, and all other state and federal laws and regulations relating to confidentiality, security, privacy and use of confidential data. Any materials produced in whole or in part under this Contract shall not be subject to copyright, except by the Town, in the United States or any other country. The Town shall have unrestricted authority to,without payment of any royalty,commission,or additional fee of any type or nature, publicly disclose, reproduce, distribute and otherwise use, and authorize others to use,in whole or in part,any reports,data or other materials prepared under this Contract. (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 7 All data, reports, programs, software, equipment, furnishings, and any other documentation or product paid for by the Town shall vest in the Town. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the Town before making any statement bearing on the work performed or data collected under this Contract to the press or issues any material for publication through any medium. 20. Confidentiality The Contractor shall comply with M.G.L. c66A if the Contractor becomes a "holder'' of "personal data". The Contractor shall also protect the physical security and restrict any access to personal or other Town data in the Contractor's possession, or used by the Contractor in the performance of this Contract, which shall include, but is not limited to the Town's public records, documents, files, software, equipment or systems. 21. Record-Keeping and Retention. Inspection of Records The Contractor shall maintain records,books,files and other data as specified in this Contract and in such detail as shall properly substantiate claims for payment under this Contract, for a minimum retention period of seven (7) years beginning on the first day after the final payment under this Contract, or such longer period as is necessary for the resolution of any litigation,claim,negotiation, audit or other inquiry involving this Contract. The Town shall have access during the Contractor's regular business hours and upon reasonable prior notice, to such records, including on-site reviews and reproduction of such records at a reasonable expense. 22. Assignment The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability, responsibility, obligation, duty or interest under this Contract without the written approval of the Town. 23. Subcontracting By Contractor Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under this Contract must be in writing, authorized in advance by the Town and shall be consistent with and subject to the provisions of this Contract. Subcontracts will not relieve or discharge the Contractor from any duty,obligation,responsibility or liability arising under this Contract. The Town is entitled to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to which it is not a party. 24. Risk of Loss The Contractor shall bear the risk of loss for any Contractor materials used for this Contract and for all deliveries, and personal or other data which is in the possession of the Contractor or used by the Contractor in the performance of this Contract until possession, ownership and full legal title to the deliverables are transferred to and accepted by the Town. (Rev 1-2016)Contract by and behveen Town of North Andover and Tech Environmental,Inc. Page 8 25. Minimum Wage/Prevailing Wage The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c 151, §1,et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws 649, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The Contractor will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the Town with the information described in General Laws c149, §27B. 26. Audit. Inspection and Recordkeeping At any time during normal business hours,and as often as the Town may deem it reasonably necessary, there shall be available in the office of the Contractor for the purpose of audit, examination,and/or to make excerpts or transcript all records, contracts, invoices,materials, payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 27. Payment The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work completed and acceptance from the Town of the work completed. 28. Waiver and Amendment Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in this Contract may be made only by written amendment executed by all signatories to the original Contract,prior to the effective date of the amendment. To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may be waived only by written agreement by both parties. Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any manner limit the legal or equitable remedies available to that party. No waiver by either party of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or different matter. 29. Forum and Choice of Law This Contract and any performance herein shall be governed by and be construed in accordance with the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 9 the Commonwealth of Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 30. Notices Any notice permitted or required under the provisions of this Contract to be given or served by either of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the behalf of the party giving or serving the same. Notice shall be deemed to have been received at the time of actual service or three (3) business days after the date of a certified or registered mailing properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall, 120 Main Street, North Andover, Massachusetts 01845. 31. Binding on Successors This Contract shall be binding upon the Contractor,its assigns,transferees,and/or successors in interest(and where not corporate, the heirs and estate of the Contractor). 32. Complete Contract This instrument, together with its endorsed supplements, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. 33. Contractor Certifications 33.1 By signing this contract, the Contractor certifies under the penalties of perjury that pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns, paid all taxes and complied with all laws of the Commonwealth relating to taxes;and that pursuant to General Laws c 151 A, §19A, the Contractor has complied with all laws of the Commonwealth relating to contributions and payments in lieu of contributions. 33.2 By signing this contract, the Contractor certifies under the penalties of perjury that this contract has been obtained in good faith and without collusion or fraud with any other person. As such in this certification,the word"person"shall mean any natural person, business, partnership, corporation, union, committee, client or other organization, entity or group of individuals. 33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain qualified to perform this Contract, that performance shall be timely and meet or exceed industry standards for the performance required,including obtaining requisite licenses, registrations, permits, resources for performance, and sufficient professional, liability, and other appropriate insurance to cover the performance. If the Contractor is a corporation,the Contractor certifies that it is in good standing with (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 10 the office of the Secretary of State. If the Contractor is a foreign business, the Contractor certifies that it is listed under the Secretary of State's website as licensed to do business in Massachusetts, as required by law. 33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that performance under this Contract,in addition to meeting the terms of the Contract, will be made using ethical business standards and good stewardship of taxpayer and other public funding and resources to prevent fraud, waste and abuse. 33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the federal or state government under any law or regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30, §39R, M.G.L. c149, §27C, M.G.L. c149, §44C, M.G.L. 649, §148B and M.G.L. c152, §25C. 34. Additional Provisions: 34.1 Applicable to Contracts for the Procurement of Goods 34.1.1 "Goods,`shall mean Goods, Supplies, or Materials_ as described in the Contract. 34.1.2 Change Orders: Change orders for contracts subject to M.G.L. 6013 may not increase the total contract price by more than twenty-five (25.0%)percent and shall be in compliance with Massachusetts General Laws c30B, §13. This Contract for purchase includes the following delivery, installation or setup requirements: 34.2 Applicable to Contracts for Services 34.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor. This term shall not include employment agreements, collective bargaining agreements, or grant agreements. 34.2.2 Change Orders: Change orders for contracts subject to Massachusetts General Laws c30B may not increase the total contract price by more than twenty-five(25%)per cent and shall be in compliance with Massachusetts General Laws c30B, §13. (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 11 34.2.3 Minimum Wagge/Prevailin Waae: The Contractor will carry out the obligations of this Contract in full compliance with all of the requirements imposed by or pursuant to General Laws c151, §1, et seq. (Minimum Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be amended. The Contractor will at all times comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions of General Laws c 149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The Contractor will, in addition to any other submissions required by the Prevailing Wage Law, submit certified weekly payrolls to the Town with the information described in General Laws c 149, §27B. 34.2.4 Insurance: The Contractor shall obtain and maintain the following insurance: 34.2.4.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 34.2.4.2 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $2 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 34.2.4.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person,and$1 Million per accident. The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and maintain insurance of such character and in such amounts as will adequately protect it and the Town from and against all claims,damages,losses and expenses resulting from exposure to any casualty liability in the performance of the work. 34.2.4.3 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the Town prior to commencement of this Contract. (Rev 1-2016)Contract by and between Town of North Andover and Tech Environmental,Inc. Page 12 34.2.4.4 The Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage.The cost of such insurance,including required endorsements or amendments, shall be the sole responsibility of the Contractor. 34.2.4.5 Contractual liability must recognize the indemnities contained in this Agreement. 34.2.4.6 Coverages are to be maintained for a period of two (2) years after final payment. 34.2.4.7 The Contractor shall maintain all required insurance in full force and effect as required by this Contract or the Contractor shall be in material breach hereof. (Rev 1-2016)Contract by and bet«een Town of North Andover and Tech Environmental,Inc. Page 13 IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their hands the day and year first above written. THE TOWN THE CONTRACTOR � 6 �w- :::�-- s�f-, n /corn l _ nc ivisio apartment Head Company Name -3//,f 1,20,V Tfirwn Manager Date ,,,nature D to M ►�f�z� 1- Lan►, f-�re5tdeh--� Print Name & Title Federal Identification No.: 0 N— 2&3 9 0 Fr5 APPROVED AS TO FORM: A Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: r Town A c` t an-t Date (Rev 1-2016)Contract by and behveen.Town of North Andover and Tech Environmental,Inc. Page 14 North Andover Health Department Community and Economic Development Division Emergency Order for Employees of Grocery Stores and other Food Retailers Pursuant to the North Andover Board of Selectmen's declaration of a state of emergency on March 18,2020,and in accordance with M.G.L. c. 111, § 31,310 CMR 11.05, 105 CMR 300.200 and all other authorizing statutes and regulations,the Board of Health of the Town of North Andover,in order to take additional measures to protect the public health during the COVID-19 public health emergency in light of current conditions, including an expected surge in COVID-19 cases,hereby order the following, with respect to retailers and grocery stores operating within the Town of North Andover: All employees of all grocery stores and other food retailers open to the public shall wear a facial covering over their mouth and nose. This can be satisfied by using a disposable mask or cloth covering such as a fabric mask, scarf,bandana or other covering that covers the mouth and nose. For guidance on making your own facial covering,please see the Making yourown Mask document from the Health Department. This order is effective beginning April 24,2020 at 12:01AM and shall remain in effect until the Board of Health in its judgment determines that the public health emergency no longer exists and terminates the order. To the extent necessary,this Order shall be enforced by Board of Health officials,North Andover Police Officers, and North Andover Building Inspectors. North Andover Health Department Community and Economic Development Division Update regarding Mask in Public order from Governor Baker On May 1,2020 Governor Baker put forth an order that requires the wearing of masks or other facial coverings for all persons over the age of two when out in public, whether indoors or outdoors,in the Commonwealth of Massachusetts. This order is effective starting Wednesday,May 6,2020 until lifted by the Governor. The purpose of this order is to help prevent community transmission of the covid-19 virus from person to person while in certain public areas. As you may know, one of the factors of this virus that makes it so easily transmissible is the fact that asymptomatic individuals can spread it without knowing.By implementing this order, those individuals who may be asymptomatic will be far less likely to pass the virus on to someone else and thus the public will be better protected as a whole. The North Andover Health Department is here to help provide guidance and resources regarding the Governor's order. For information on making a face covering for yourself,friends,family or other community members,please view the document "Making your own Mask" on the Health Department website. For information on correctly applying,using and removing Personal Protective Equipment (PPE) such as face coverings/masks and gloves,please view the document on"Properly Using PPE". We would like to thank you all for your willingness to work with us as we continue to make our way through this pandemic. By working together to help prevent the spread of this virus in our community,we are also taking steps towards being able to eventually resume life as normal. For more information on covid-19,please visit the following websites: • http://northandoverma.gov/covidl9 • https://www.northandoverma.gov/health o See the tabs titled"COVID-19 General Guidance" or"COV1D-19 Food Guidance" • https://www.mass.gov/info-details/covid-19-updates-and-information April 28, 2020 For additional information on good practices for the general public or food retailers, please visit hops://www.northandoverma.gov/health and choose from either"COVID-19 General Guidance" or"COVID-19 Food Guidance".