The Docket · Government Meeting · DKT-2026-001757

On the agenda: Braintree meeting — ALPR (Oct 6)

Name: On the agenda: Braintree meeting — ALPR (Oct 6)
Start: 2026-10-06
End: 2026-10-06
Location: Braintree, Massachusetts

⚠ Agenda Watch Braintree, Massachusetts · Tuesday, October 6, 2026 — in 4 days

About this record

The published agenda for this October 6 meeting contains: "ALPR". This is the public record BEFORE the vote — read the document, then show up. Public comment is where cancellations start.

WhenTuesday, October 6, 2026
Check the agenda document for the meeting time.

WhereBraintree, Massachusetts

Money$50,000 on the table

On the record“ALPR”

The agenda, word for word

Government public record — the full text of the published document, archived October 2, 2026. Gold highlighting of key terms is ours, not the original’s. Read the original document ↗

112 pages · scroll to read

Page 1 of 112

1. Agenda
1.I.

7:30 PM Town Council Meeting
Documents:
2026 OCT 6 COUNCIL AGENDA.PDF

2. Documents
2.I.

7:30 PM Town Council Meeting
Documents:
26 OCT 6 COUNCIL MTG.PDF

Page 2 of 112

Elizabeth Maglio

Peter Morin

TOWN
COUNCIL AGENDA
President

Vice President
PAGE
2 of 2

OCTOBER 6, 2026

District 3

District 6

David M. Ringius, Jr.
At Large

James Daiute

District 1

Julia Flaherty

Joseph Reynolds

At Large

District 2

Ryan Sterling

Annmary Quilty
District 4

At Large

OFFICE OF THE TOWN COUNCIL

Meredith Boericke
District 5

- AGENDA –
Tuesday, October 6, 2026 • Cahill Auditorium, Town Hall • 7:30PM
COUNCIL MEETING COMMUNICATIONS
• Agenda/Documents link to website: https://braintreema.gov/AgendaCenter
• Email: [email protected]
• Facebook: Braintree Town Council
• To be added to the Town Council Agenda Distribution list please send an email request:
[email protected]
• “How Do I” sign up to receive meeting/town information: https://braintreema.gov/786/Sign-up-for
This MEETING is also LIVE on BCAM TV cable channels and YOUTUBE BCAM TV live streaming at: www.youtube.com/bcamtv
QR CODE: You can also scan QR code to access Live Stream.

ANNOUNCEMENTS
APPROVAL OF MINUTES
July 7, 2026
OLD BUSINESS
• 26 065 Town Clerk: Call of the State General Election – November 3, 2026, or take up any action relative
thereto
• 26 066 Town Clerk: State General Election Early Voting Site, Dates and Times or take up any action relative
thereto
• 027 26 Councilor Flaherty: Discussion – Trash & Recycling Drop Off Center, Ivory Street or take up any action
relative thereto

COMMUNICATIONS:
• 034 26 Council President: Council Discussion of Update on FLOCK ALPR Use Policy or take up any action
relative thereto

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 3 of 112

TOWN COUNCIL AGENDA

OCTOBER 6, 2026

PAGE 2 of 2

NEW BUSINESS
Refer to the Committee of Ways & Means
• 26 067 Mayor: Operations and Maintenance Agreement for the Tri Town Water Treatment Plant or take up
any action relative thereto
• 036 26 Councilor Maglio: Update on Grant Planning Efforts or take up any action relative thereto
• 037 26 Councilor Reynolds: FY2026 Q4 Update or take up any action relative thereto
Refer to the Committee on the Department of Public Works
• 035 26 Councilor Quilty: DPW Meeting to Discuss the Hawthorne Rd / Old Elm Street Drainage Easement
Disrepair or take up any action relative thereto
Refer to the Committee on Community Planning
• 038 26 Councilor Maglio: Discussion on restricting/banning kratom and 7-OH products in Braintree or take up
any action relative thereto
• 039 26 Councilor Maglio: Braintree Resolution in Support of Massachusetts “Medicare for All” or take up any
action relative thereto
• 040 26 Councilor Maglio: Status of Braintree school reorganization or take up any action relative thereto
• 041 26 Councilor Maglio: Community Planning Committee Discussion or take up any action relative thereto
(Discuss list of topics to bring before the committee)

Topics the Chair does not reasonably anticipate will be discussed

UPCOMING MEETINGS: Tuesday, October 20, 2026, at 7:30pm (this meeting will be held in Johnson
Chambers due to Early Voting. It will not be LIVE. It will be recorded by BCAM and posted the next day).
ADJOURNMENT

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 4 of 112

Elizabeth Maglio

Peter Morin

TOWN
COUNCIL AGENDA
President

Vice President
PAGE
2 of 2

OCTOBER 6, 2026

District 3

District 6

David M. Ringius, Jr.
At Large

James Daiute

District 1

Julia Flaherty

Joseph Reynolds

At Large

District 2

Ryan Sterling

Annmary Quilty
District 4

At Large

OFFICE OF THE TOWN COUNCIL

Meredith Boericke
District 5

COMMUNICATIONS:
• 034 26 Council President: Council Discussion of Update on FLOCK ALPR Use Policy or take up any action
relative thereto

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 5 of 112

TOWN COUNCIL AGENDA

OCTOBER 6, 2026

PAGE 2 of 2

Topics the Chair does not reasonably anticipate will be discussed

.
Town of
Town of Braintree, One JFK Memorial Drive, Braintree, Massachusetts 02184-6498
Telephone: (781) 794-8152 Fax: (781) 794-8270 Email: [email protected]

Page 6 of 112

Braintree Town Council
ORDER NO:

26 065

REQUEST OF:

TOWN CLERK

DATE FILED: SEPTEMBER 14, 2026

UPON THE REQUEST OF THE TOWN CLERK, THE TOWN OF BRAINTREE, THROUGH THE
BRAINTREE TOWN COUNCIL, IT IS SO ORDERED:

Call of the State General Election, November 3, 2026
IN THE NAME OF THE COMMONWEALTH OF MASSACHUSETTS, THE TOWN OF BRAINTREE IS
HEREBY REQUIRED TO NOTIFY AND WARN THE INHABITANTS OF SAID TOWN WHO ARE
QUALIFIED TO VOTE IN THE STATE GENERAL ELECTION ON TUESDAY, NOVEMBER 3, 2026
FROM 7:00AM TO 8:00PM, TO VOTE AT THE VOTING CENTER POLLING IN THEIR RESPECTIVE
PRECINCTS TO CAST THEIR VOTES FOR THE FOLLOWING PURPOSES:
To cast their votes in the State Primary for the candidates of political parties for the following
offices: Senator in Congress; Governor & Lt. Governor for the Commonwealth; Attorney
General for the Commonwealth; Secretary of State for the Commonwealth; Treasurer and
Receiver General for the Commonwealth; Auditor for the Commonwealth; Representative in
Congress for the Eighth District; Councilor for the Second District; Councilor for the Fourth
District; Senator in the General Court for the Norfolk & Plymouth District; Senator in the
General Court for Norfolk, Bristol & Plymouth District; Representative in the General Court for
the Fifth Norfolk District; District Attorney for the Norfolk District; Register of Probate, County
Treasurer, County Commissioner and Regional School Committee.

Page 7 of 112

Braintree Town Council
ORDER NO:
REQUEST OF:

26 066
TOWN CLERK

DATE FILED: SEPTEMBER 14, 2026

UPON THE REQUEST OF THE TOWN CLERK, THE TOWN OF BRAINTREE, THROUGH THE
BRAINTREE TOWN COUNCIL, IT IS SO ORDERED:
In the name of the Commonwealth of Massachusetts, the Town of Braintree, is hereby required
to establish under Chapter 92 of the Acts of 2022, an early voting site to allow any qualified
voter, as defined in section 1 of chapter 51, to cast a ballot for any biennial state election during
the early voting period. At the recommendation of the Braintree Board of Registrars, the
Braintree Town Council hereby designates Braintree Town Hall – Cahill Auditorium as
Braintree’s early voting site. Further, early voting hours shall be held during the days and hours
described below:
DAY OF WEEK
Saturday
Sunday
Monday
Tuesday
Wednesday
Thursday
Friday

DATE
October 17 and
October 24, 2026
October 18 and
October 25, 2026
October 19 and
October 26, 2026
October 20 and
October 27, 2026
October 21 and
October 28, 2026
October 22 and
October 29, 2026
October 23 and
October 30, 2026

OPEN
8:30 am

CLOSED
1:00 pm

8:30 am

1:00 pm

8:30 am

4:30 pm

8:30 am

7:00 pm

8:30 am

4:30 pm

8:30 am

4:30 pm

8:30 am

1:00 pm

Page 8 of 112

AGREEMENT FOR
OPERATION, MANAGEMENT, AND MAINTENANCE
OF THE
REGIONAL WATER TREATMENT PLANT
between
TOWN OF BRAINTREE
and
THE TRI-TOWN WATER DISTRICT

Page 9 of 112

TABLE OF CONTENTS

ARTICLE I . DEFINITIONS AND INTERPRETATION ......................................................................................2
SECTION 1.1 DEFINITIONS. .................................................................................................................................2
SECTION 1.2 INTERPRETATION. ...................................................................................................................... 12
ARTICLE II . REPRESENTATIONS AND WARRANTIES ............................................................................... 15
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE DISTRICT. .............................................. 15
SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE TOWN. .................................................... 17
ARTICLE III . EXISTING SITE AND FACILITY .............................................................................................. 18
SECTION 3.1 SITE FAMILIARITY. ..................................................................................................................... 18
ARTICLE IV . OWNERSHIP OF THE PLANT .................................................................................................. 18
SECTION 4.1 DISTRICT OWNERSHIP OF THE PLANT. .................................................................................. 18
ARTICLE V. OPERATION AND MAINTENANCE ........................................................................................... 19
SECTION 5.1 OPERATION AND MAINTENANCE RESPONSIBILITY............................................................. 19
SECTION 5.2 DISTRICT OBLIGATIONS GENERALLY. .................................................................................. 19
SECTION 5.3 OPERATION AND MAINTENANCE MANUAL. ........................................................................ 20
SECTION 5.4 STAFFING. ..................................................................................................................................... 20
SECTION 5.5 TRAINING. ..................................................................................................................................... 20
SECTION 5.6 UTILITIES SUPPLY AND CONSUMPTION. ............................................................................... 21
SECTION 5.7 SAFETY AND SECURITY. ........................................................................................................... 21
SECTION 5.8 COMPLIANCE WITH APPLICABLE LAW. ................................................................................ 23
SECTION 5.9 OPERATING GOVERNMENTAL APPROVALS......................................................................... 25
SECTION 5.10 MAINTENANCE, REPAIR AND REPLACEMENT GENERALLY. ......................................... 26
SECTION 5.11 PERIODIC MAINTENANCE INSPECTIONS. ........................................................................... 27
SECTION 5.12 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM. ........................................... 27
SECTION 5.13 MAINTENANCE, REPAIR AND REPLACEMENT PLAN. ....................................................... 27
SECTION 5.14 WARRANTIES. ............................................................................................................................ 28
SECTION 5.15 EMERGENCIES. .......................................................................................................................... 28
SECTION 5.16 ROLLING STOCK........................................................................................................................ 29
ARTICLE VI. PERFORMANCE ........................................................................................................................... 29
SECTION 6.1 PLANT PERFORMANCE GENERALLY. .................................................................................... 29
SECTION 6.2 DISTRICT REMEDIES FOR NON-COMPLIANCE WITH GOVERNMENTAL APPROVALS.30
SECTION 6.3 EXCESSIVE RAW WATER. ......................................................................................................... 31
SECTION 6.4 TESTING AND METERING.......................................................................................................... 31
ARTICLE VII. CAPITAL MODIFICATIONS ..................................................................................................... 33
SECTION 7.1 CAPITAL MODIFICATIONS GENERALLY. .............................................................................. 33
SECTION 7.2 CONSTRUCTION PRACTICE. ..................................................................................................... 34
SECTION 7.3 CAPITAL MODIFICATIONS AT TOWN REQUEST................................................................... 35
SECTION 7.4 CAPITAL MODIFICATIONS DUE TO UNCONTROLLABLE CIRCUMSTANCES. ................ 35
SECTION 7.5 CAPITAL MODIFICATIONS AT DISTRICT DIRECTION. ........................................................ 36
SECTION 7.6 PRIMARY PROCEDURE FOR IMPLEMENTING CAPITAL MODIFICATIONS. .................... 36
SECTION 7.7 FINANCING CAPITAL MODIFICATIONS. ................................................................................ 37
SECTION 7.8 TOWN NON-IMPAIRMENT RIGHTS. ......................................................................................... 37
ARTICLE VIII. SERVICE COORDINATION, CONTRACT ADMINISTRATION AND
RECORDKEEPING ................................................................................................................................... 37
SECTION 8.1 SERVICE COORDINATION AND CONTRACT ADMINISTRATION. ..................................... 37
SECTION 8.2 CONTRACT ADMINISTRATION. ............................................................................................... 39
SECTION 8.3 ASSET AND FINANCIAL RECORDS. ......................................................................................... 40

Page 10 of 112

SECTION 8.4 PERIODIC REPORTS. ................................................................................................................... 41
SECTION 8.5 DISTRICT ACCESS. ...................................................................................................................... 42
ARTICLE IX SERVICE FEE .................................................................................................................................. 42
SECTION 9.1 SERVICE FEE. ............................................................................................................................... 42
SECTION 9.2 ANNUAL MANAGEMENT, OPERATION AND MAINTENANCE COSTS. ............................. 43
SECTION 9.3 BILLING AND PAYMENT............................................................................................................ 43
SECTION 9.4 ANNUAL RECONCILIATION. ..................................................................................................... 43
SECTION 9.5 ADJUSTMENT TO SERVICE FEE. .............................................................................................. 44
SECTION 9.6 BILLING STATEMENT DISPUTES. ............................................................................................ 44
SECTION 9.7 DISTRICT TO ENSURE COLLECTION AND PAYMENT.......................................................... 44
ARTICLE X BREACH, DEFAULT, REMEDIES AND TERMINATION ......................................................... 45
SECTION 10.1 REMEDIES FOR BREACH.......................................................................................................... 45
SECTION 10.2 EVENTS OF DEFAULT BY THE TOWN. .................................................................................. 45
SECTION 10.3 EVENTS OF DEFAULT BY THE DISTRICT. ............................................................................ 46
SECTION 10.4 OBLIGATIONS OF THE TOWN UPON TERMINATION OR EXPIRATION. ......................... 47
SECTION 10.5.TERMINATION FOR CONVENIENCE...................................................................................... 49
SECTION 10.6 SURVIVAL OF CERTAIN PROVISIONS UPON TERMINATION. .......................................... 50
SECTION 10.7 NO WAIVERS. ............................................................................................................................. 50
SECTION 10.8 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. ................................................................ 50
SECTION 10.9 FORUM FOR DISPUTE RESOLUTION. .................................................................................... 50
SECTION 10.10 NON-BINDING MEDIATION. .................................................................................................. 51
ARTICLE XI. TERM............................................................................................................................................... 51
SECTION 11.1 EFFECTIVE DATE AND TERM. ................................................................................................ 51
ARTICLE XII. INSURANCE, UNCONTROLLABLE CIRCUMSTANCES AND INDEMNIFICATION.... 52
SECTION 12.1 INSURANCE. ............................................................................................................................... 52
SECTION 12.2 TOWN PERFORMANCE BOND. ................................................................................................ 53
SECTION 12.3 DISTRICT SECURITY. ................................................................................................................ 54
SECTION 12.4 UNCONTROLLABLE CIRCUMSTANCES. .............................................................................. 54
SECTION 12.5 MUTUAL INDEMNIFICATION. ................................................................................................ 56
SECTION 12.6 LOSS, DAMAGE OR DESTRUCTION TO THE PLANT. ......................................................... 57
ARTICLE XIII. MISCELLANEOUS PROVISIONS ........................................................................................... 58
SECTION 13.1 RELATIONSHIP OF THE PARTIES. .......................................................................................... 58
SECTION 13.2 CONTRACTING AND PROCUREMENT. ................................................................................. 58
SECTION 13.3 COST SUBSTANTIATION. ......................................................................................................... 59
SECTION 13.4 SUBCONTRACTORS. ................................................................................................................. 60
SECTION 13.5 ACTIONS OF THE DISTRICT AND TOWN IN THEIR GOVERNMENTAL CAPACITY....... 60
SECTION 13.6 ASSIGNMENT. ............................................................................................................................ 60
SECTION 13.7 COMPLIANCE WITH MATERIAL AGREEMENTS. ................................................................ 60
SECTION 13.8 BINDING EFFECT. ...................................................................................................................... 61
SECTION 13.9 AMENDMENT AND WAIVER. .................................................................................................. 61
SECTION 13.10 NON-DISCRIMINATION. ......................................................................................................... 61
SECTION 13.11 NOTICES. ................................................................................................................................... 61
SECTION 13.12 NOTICE OF LITIGATION. ........................................................................................................ 62
SECTION 13.13 FURTHER ASSURANCES ........................................................................................................ 62

Page 11 of 112

APPENDICES

Operation and Maintenance Requirements

1.
2.
3.
4.

Insurance Requirements
Performance Bond
District Security
SCHEDULES

1.
2.
3.

Baseline Raw Water Conditions
Direct and Indirect costs
Sample Service Fee Calculation and Reconciliation
REFERENCE DOCUMENTS
A.
B.

Chapter 371 of the Acts of 2022
Joint Powers Agreement, June 2022

iii

Page 12 of 112

AGREEMENT FOR
OPERATION, MANAGEMENT, AND MAINTENANCE
OF THE
REGIONAL WATER TREATMENT PLANT
This Agreement for operation, management, and maintenance of the Regional Water
Treatment Plant (the “Agreement”) is made and entered into between the Town of Braintree (the
“Town”) and the Tri-Town Water District (the “District”).
RECITALS
WHEREAS, the District was created pursuant to Chapter 371 of the Acts of 2022 (the
“Act”);
WHEREAS, in June 2022, the Towns of Braintree, Holbrook, and Randolph (the “Member
Towns”) entered into a Joint Powers Agreement (the “JPA”), pursuant to the Act and Chapter 40
§ 4A1/2 of the General Laws of Massachusetts;
WHEREAS, pursuant to the JPA, the District is a body politic and corporate and political
subdivision of the Commonwealth of Massachusetts, and its purpose is to provide for the supply,
treatment and distribution of water to the Member Towns;
WHEREAS, pursuant to Section 3 Subsection (xv) of the Act, the District has the power
to enter into contracts for the operation and management of the water facilities of the District;
WHEREAS, the District’s water facilities include a newly constructed 12.5 MGD
dissolved air filtration water treatment plant (the “Plant”), located in Braintree, MA at Parcel Nos.
2051-02 and 1035-01, with a subaqueous pipeline connecting the Plant to the Randolph, MA
transmission main for service to Randolph, MA and Holbrook, MA;
WHEREAS, the Parties have agreed that the Town will be responsible for management,
operations, and maintenance of the Plant, according to the provisions described in this Agreement;
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the
parties hereto, intending to be legally bound, agree as follows:

Page 13 of 112

ARTICLE I.
DEFINITIONS AND INTERPRETATION
SECTION 1.1 DEFINITIONS. As used in this Agreement the following terms shall have
the meanings set forth below:
“Affiliate” means any person, corporation or other entity directly or indirectly controlling
or controlled by another person, corporation or other entity or under direct or indirect common
control with such person, corporation or other entity.
“Agreement” means this Agreement for Operations, Management, and Maintenance at the
District Treatment Plant between the Town of Braintree and the Tri-Town Water District,
including the Appendices, as the same may be amended or modified from time to time in
accordance herewith.
“Annual Management Operations and Maintenance Costs” has the meaning set forth in
Section 11.2 hereof.
“Annual Reconciliation” has the meaning set forth in Section 9.4 hereof.
“Appendix” means any of the Appendices attached to this Agreement, as the same may be
amended or modified from time to time in accordance with the terms hereof.
“Applicable Law” means: (1) any federal, state or local law, code or regulation; (2) any
adopted and generally applicable rule, requirement, determination, standard, policy,
implementation schedule or other order of any Governmental Body having appropriate
jurisdiction, including, but not limited to, the Clean Water Act, the Safe Drinking Water Act and
the Drinking Water Regulations; (3) any established interpretation of law or regulation utilized by
an appropriate Governmental Body if such interpretation is documented by such Governmental
Body and generally applicable; and (4) any Governmental Approval, in each case having the force
of law and applicable from time to time to: (a) to the operation, Maintenance, Repair, replacement
or management of municipal water treatment systems, including the Plant; (b) to the conveyance,
treatment, or storage of Raw Water and Residuals or to the distribution of Treated Water; (c) to
the air and odor emissions therefrom; (d) to any other transaction or matter contemplated hereby
(including, without limitation, any of the foregoing which pertain to water treatment, waste
disposal, health, safety, fire, environmental protection, labor relations, apprentice requirements,
building codes, the payment of prevailing or minimum wages and non-discrimination).

Page 14 of 112

“Capital Modification” means any material change to the Plant including the installation
of new structures, equipment, systems or technology that is anticipated to cost more than
[$50,000].
“CERCLA” means the Comprehensive Environmental Response, Compensation, and
Liability Act, 42 U.S.C. 9601 et seq., and applicable regulations promulgated thereunder, each as
amended from time to time.
“Change in Law” means any of the following acts, events or circumstances to the extent
that compliance therewith materially increases the cost of performing; materially increases the
time required to perform or materially increases the scope of a party’s obligations hereunder:
(A) the adoption, amendment, promulgation, issuance, modification, repeal or
written change in administrative or judicial interpretation of any Applicable Law on or after the
Commencement Date, unless such Applicable Law was on or prior to the Commencement Date
duly adopted, promulgated, issued or otherwise officially modified or changed in interpretation, in
each case in final form, to become effective without any further action by any Governmental Body;
or
(B) the order or judgment of any Governmental Body issued on or after the
Commencement Date (unless such order or judgment is issued to enforce compliance with
Applicable Law which was effective as of the Commencement Date) to the extent such order or
judgment is not the result of willful or negligent action, error or omission or lack of reasonable
diligence of the Town or of the District, whichever is asserting the occurrence of a Change in Law;
provided, however, that the contesting in good faith or the failure in good faith to contest any such
order or judgment shall not constitute or be construed as such a willful or negligent action, error
or omission or lack of reasonable diligence.
(C) the denial of an application for, a delay in the review, issuance or renewal of,
or the suspension, termination, or interruption of any Governmental Approval, or the imposition
of a term, condition or requirement which is more stringent or burdensome than the Contract
Standards in connection with the issuance, renewal or failure of issuance or renewal of any
Governmental Approval, to the extent that such occurrence is not the result of willful or negligent
action, error or omission or a lack of reasonable diligence of the Town or of the District, whichever
is asserting the occurrence of a Change in Law; provided, however, that the contesting in good

Page 15 of 112

faith or the failure in good faith to contest any such occurrence shall not be construed as such a
willful or negligent action or lack of reasonable diligence.
“Clean Water Act” means the Clean Water Act (formally referred to as the Federal Water
Pollution Control Act), 33 U.S.C. §1251 et seq., and applicable regulations promulgated
thereunder, each as amended from time to time.
“Commencement Date” means [July 1, 2026], the date the Town commences Services
under this Agreement.
“Commonwealth” means the Commonwealth of Massachusetts.
“Contract Administrator” has the meaning specified in Section 8.1 hereof.
“Contract Representative” means, in the case of the Town, the individual specified in
writing by the Town as the representative of the Town from time to time for all purposes of this
Agreement and, in the case of the District, the [District Treasurer] or such other representative as
shall be designated in writing by the [Chair of the District] from time to time.
“Contract Standards” means the standards, terms, conditions, methods, techniques and
practices imposed or required by: (1) Applicable Law; (2) Governmental Approvals; (3) Good
Industry Practice; (4) the Operation and Maintenance Manual; (5) applicable equipment
manufacturers’ specifications; (6) applicable Insurance Requirements; and (7) any other standard,
term, condition or requirement specifically provided in this Agreement to be observed by the
Town. Subsection 1.2(N) hereof shall govern issues of interpretation related to the applicability
and stringency of the Contract Standards
“Contract Year” means the District’s fiscal year commencing on July 1 in any year and
ending on June 30 of such year; provided, however, that the first Contract Year shall commence
on the Commencement Date and shall end on the following December 31, and the last Contract
Year shall commence on January 1 prior to the date this Agreement expires or is terminated,
whichever is appropriate, and shall end on the last day of the Term of this Agreement or the
effective date of any termination, whichever is appropriate. Any computation made on the basis
of a Contract Year shall be adjusted on a pro rata basis to take into account any Contract Year of
less than 365 or 366 days, whichever is applicable.
“Cost Substantiation” shall be applied as set forth in Section 13.3 hereof.
“DEP” means Massachusetts Department of Environmental Protection or any predecessor
or successor agency.
4

Page 16 of 112

“Designated Disposal Site” means any facility, location, or site designated by the Town for
the treatment, processing, storage, handling, recycling, beneficial reuse, or disposal of Residuals,
including, without limitation, landfills, land application sites, transfer facilities, composting
facilities, incineration facilities, recycling facilities, or other legally permitted disposal or
management sites.
“District” means the Tri-Town Water District, which is a water district established
pursuant to the Act and Chapter 40 § 4A1/2 of the General Laws of Massachusetts, or any
successor or assignee.
“District Engineer” means either (1) an engineer employed by the District or (2) a
nationally-recognized qualified consulting engineer or firm of consulting engineers having
experience with respect to the obtaining of governmental approvals for the design, construction,
testing, operation, Maintenance, Repair, replacement and management of water treatment
facilities, in either case designated as the District Engineer from time to time in writing by the
District.
“District Fault” means any breach (including the untruth or breach of any District
representation or warranty herein set forth), failure, non-performance or non-compliance by the
District under this Agreement with respect to its obligations and responsibilities under this
Agreement to the extent not directly attributable to any Uncontrollable Circumstance or Town
Fault, and which materially and adversely affects the Town’s rights, obligations or ability or costs
to perform under this Agreement.
“District Security” means that performance and payment bond obtained by the District in
favor of the Town securing the District’s timely payment of all amounts due to the Town and
faithful performance of the District’s payment obligations under this Agreement.
“Drinking Water Regulations” means 310 CMR 22.00, the Massachusetts Drinking Water
Regulations promulgated by the DEP and 40 CFR Part 141, the National Primary Drinking Water
Regulations.
“EPA” means the United States Environmental Protection Agency and any successor
agency.
“Event of Default” means, with respect to the Town, those items specified in Section 10.2
hereof and, with respect to the District, those items specified in Section 10.3 hereof.

Page 17 of 112

“Excessive Raw Water” means Raw Water that either (1) contains Toxic Substances, or
(2) contains Hazardous Material.
“Fees and Costs” means reasonable fees and expenses of employees, attorneys, architects,
engineers, expert witnesses, contractors, consultants and other persons, and costs of transcripts,
printing of briefs and records on appeal, copying and other reimbursed expenses, and expenses
reasonably incurred in connection with investigating, preparing for, defending or otherwise
appropriately responding to any Legal Proceeding.
“Good Industry Practice” means the methods, techniques, standards and practices which,
at the time they are to be employed and in light of the circumstances known or reasonably believed
to exist at such time, are generally recognized and accepted as good operation, Maintenance,
Repair, replacement and management practices in the municipal water treatment industry as
observed in the Northeast region of the United States.
“Governmental Approvals” means all orders of approval, permits, licenses, authorizations,
consents, certifications, exemptions, rulings, entitlements and approvals issued by a Governmental
Body of whatever kind and however described which are required under Applicable Law to be
obtained or maintained by any person with respect to the Services, including but not limited to the
NPDES Permit.
“Governmental Body” means any federal, state, regional or local legislative, executive,
judicial or other governmental board, agency, authority, commission, administration, court or other
body, or any official thereof having jurisdiction.
“Hazardous Material” means any waste, substance, object or material deemed (1)
hazardous under Applicable Law including, without limitation, “hazardous substance” as defined
under CERCLA or (2) “hazardous waste” as defined under RCRA.
“Indemnifying Party” has the meaning set forth in Section 12.5 hereof.
“Insurance Requirement” means any rule, regulation, code, or requirement issued by any
insurance company which has issued a policy of Required Insurance under this Agreement, as in
effect during the Term hereof, compliance with which is a condition to the effectiveness of such
policy.
“Legal Proceeding” means every action, suit, litigation, arbitration, administrative
proceeding, and other legal or equitable proceeding having a bearing upon this Agreement, and all
appeals therefrom.
6

Page 18 of 112

“Loss-and-Expense” means any and all actual losses, liabilities, forfeitures, obligations,
damages, fines, penalties, judgments, deposits, costs, expenses, charges, Taxes, or expenses,
including all Fees and Costs, except as explicitly excluded or limited under any provision of this
Agreement. “Loss-and-Expense” for the purpose of any provision hereunder requiring
indemnification shall also mean and include claims or causes of action asserted by any unrelated
third-party for special, consequential, punitive or similar damages against any indemnitee.
“Maintenance” means those routine and/or repetitive activities, including preventative and
predictive activities, required or recommended by equipment manufacturers or the Town or Good
Industry Practice to maximize the service life of the equipment and structures of the Plant or
components thereof.
“Maximum Contaminant Level or MCL” means the maximum permissible level of a
contaminant in water which is delivered to any user of a public water system, as set forth in the
Drinking Water Regulations.
“Mediator” means any person serving as a mediator of disputes hereunder pursuant to
Section 10.10 hereof.
“Member Towns” means Braintree, Randolph, and Holbrook.
“MG” means millions of gallons.
“MGD” means millions of gallons per day.
“Non-Binding Mediation” means the voluntary system of dispute resolution established by
Section 12.10 hereof for the resolution of technical disputes arising under this Agreement.
“NPDES Permit” means any permit, authorization, or approval issued under the National
Pollutant Discharge Elimination System pursuant to Section 402 of the Clean Water Act (33 U.S.C.
§ 1342), including the NPDES General Permit for discharges from potable water treatment
facilities, and any modification, renewal, or reissuance thereof.
“Operation and Maintenance Manual” means the manual and related computer programs
prepared by the Town containing detailed standard operating and Maintenance procedures and
other specific instructions, policies, directives, routines, schedules and other matters relating to the
Services, developed and maintained as required by Section 5.3 hereof.
“Overdue Rate” means the maximum rate of interest permitted by the laws of the
Commonwealth.

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“Performance Bond” means the surety bond which guarantees the Town’s performance,
the cost of which shall be considered an operating expense of the District, as provided for in
accordance with Section 12.2 hereof.
“Plant” means the 12.5 MGD dissolved air filtration water treatment plant located at the
Site, and any other on-Site infrastructure, consisting generally of buildings, structures, fixtures and
equipment involved in the treatment of water, and all roads, grounds, fences and landscaping
appurtenant thereto.
“Plant Manager” has the meaning specified in Section 8.1(A) hereof.
“Raw Water” means water in its natural or untreated state, as withdrawn or received from
the source water supply, prior to the application of any treatment, conditioning, or processing at
the Plant, including any preliminary screening or intake conveyance.
“RCRA” means the Resource Conservation and Recovery Act, 42 U.S.C.A. §6901 et seq.,
and applicable regulations promulgated thereunder, each as amended from time to time.
“Reference Document” means any of the documents identified as a reference document
herein.
“Repair(s)” means those non-routine/non-repetitive activities required for operational
continuity, safety and performance, generally due to failure or to avert a failure of the equipment
of the Plan or some component thereof and shall not include predictive and preventative
maintenance.
“Required Insurance” has the meaning specified in Section 12.1 hereof.
“Residuals” means the solids or waste by-products generated during the treatment of water
at the Plant.
“Risk and Reserved Allocation Premium” has the meaning set forth in Section 9.1 hereof.
“Safe Drinking Water Act” means the Safe Drinking Water Act 42 U.S.C. §300f et seq.,
and applicable regulations promulgated thereunder, each as amended from time to time.
“Senior Supervisors” has the meaning specified in subsection 8.1(B) hereof.
“Services” means the operation, management, Maintenance and other services required
pursuant to the terms of this Agreement.
“Service Fee” has the meaning specified in Article IX hereof.
“Site” means the parcels of real property jointly owned by the Member Towns, as further
described in Exhibit A to the Tri-Town Treatment plant Ground Lease dated September 29, 2022,
and in Exhibit A to the Tri-Town Water Treatment Plant Ground Lease dated October 11, 2022.
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“Subcontract” means an agreement or purchase order by the Town, or a Subcontractor to
the Town, as applicable.
“Subcontractor” means every person (other than employees of the Town) employed or
engaged by the Town or any person directly or indirectly in privity with the Town (including all
subcontractors and every sub-subcontractor of whatever tier) for any portion of the Services,
whether for the furnishing of labor, materials, equipment, supplies, services or otherwise.
“Tax” means any tax, fee, levy, duty, impost, charge, surcharge, assessment or
withholding, or any payment-in-lieu thereof, and any related interest, penalty or addition to tax.
“Term” has the meaning set forth in Article XI.
“Termination Date” means the last day of the Term of this Agreement.
“Toxic Substance” means any toxic, hazardous, chemical, industrial, explosive,
flammable, volatile, reactive, corrosive or radioactive waste, material or substance which, alone
or in combination with other substances, is contained in sufficiently high concentrations or
volumes in Raw Water received at the Plant, and while the Plant is being operated and maintained
in accordance with the provisions of this Agreement so as:
(A) To interfere with the biological processes necessary for the removal of the organic and
chemical contents of the Raw Water;
(B) To endanger human health or safety; or
(C) To cause any material or Residuals to become a Hazardous Material, if any such result
could not reasonably have been provided by the management of the Plant in accordance
with the Contract Standards.
“Town Fault” means any breach (including the untruth or breach of any Town
representation or warranty herein set forth), failure, non-performance or non-compliance by the
Town with respect to its obligations and responsibilities under this Agreement to the extent not
directly attributable to any Uncontrollable Circumstance or District Fault, and which materially
and adversely affects the District’s right and obligations or ability to perform under this
Agreement.
“Treated Water” means Raw Water that has been processed through the Plant and subjected
to all treatment, conditioning, and disinfection processes required to meet Applicable Law and
Government Approvals for potable water, and that is suitable for distribution for public
consumption.
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“Uncontrollable Circumstances” means any act, event or condition that is beyond the
reasonable control of the party relying thereon as justification for not performing an obligation or
complying with any condition required of such party under this Agreement, and that materially
interferes with or materially increases the cost or time required for performing its obligations
hereunder (other than payment obligations), to the extent that such act, event or condition is not
the result of the willful or negligent act, error or omission, failure to exercise reasonable diligence,
or breach of this Agreement on the part of such party.
(A) Inclusions. Subject to the foregoing, Uncontrollable Circumstances shall include the
following:
1.

A Change in Law;

The receipt of Excessive Raw Water at the Plant;

The discovery of Hazardous Material on or at the Site, to the extent not

caused by the Town;
4.

The existence of an Unknown Subsurface Condition, to the extent not

caused by the Town;
5.

Naturally occurring events (except weather conditions normal for the

northeast region of the United States) such as landslides, underground movement,
earthquakes, fires, tornadoes, floods, epidemics, and other acts of God;
6.

Explosion, sabotage or similar occurrence, acts of a declared public enemy,

extortion, war, terrorism, blockade or insurrection, riot or civil disturbance;
7.

Labor disputes which affect the performance of the Services;

The failure of any Subcontractor (other than the Town or any Affiliate of

either, except as otherwise provided in the Agreement), to furnish services,
materials, chemicals or equipment on the dates agreed to, but only if such failure is
the result of an event which would constitute an Uncontrollable Circumstance if it
affected the Town directly, and the Town is not able after exercising all reasonable
efforts to timely obtain comparable substitutes;
9.

Any failure of title to the Plant or any placement or enforcement of any

encumbrance on the Plant not consented to in writing by, or arising out of any action
or agreement entered into by, the party adversely affected thereby;
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10.

The preemption, confiscation, diversion or destruction of materials or

services by a Governmental Body in connection with a public emergency or any
condemnation or other taking by eminent domain of any material portion of the
Plant;
11.

A violation of Applicable Law by a person other than the affected party or

its subcontractors;
12.

With respect to the Town, any District Fault and District-requested change

orders not due to Town Fault; and
13.

With respect to the District, any Town Fault.

(B) Exclusions. It is specifically understood that none of the following acts, events or
circumstances shall constitute Uncontrollable Circumstances:
1.

Any act, event or circumstance to the extent that it would not have occurred

if the affected party had complied with its obligations hereunder;
2.

Changes in interest rates, inflation rates, wage rates, insurance costs,

commodity prices, currency values, exchange rates or other general economic
conditions;
3.

Changes in the financial condition of the District, the Town, or their

Affiliates or Subcontractors affecting the ability to perform their respective
obligations;
4.

The consequences of error, neglect or omissions by the Town, any

Subcontractor, any of their Affiliates or any other person in the performance of the
Services;
5.

Union or labor work rules, requirements or demands which have the effect

of increasing the number of employees employed at the Plant or otherwise
increasing the cost to the Town of performing the Services;
6.

Any impact of prevailing wage or similar laws, customs or practices on the

Town’s costs;
7.

Weather conditions normal for the geographic region of the Plant;

Any act, event, circumstance or Change in Law occurring outside of the

United States;

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Mechanical failure of equipment to the extent not resulting from a condition

that is listed in the “Inclusions” section of this definition;
10.

Power outages to the extent not caused by third party Utilities or resulting

from a condition that is listed in the “Inclusions” section of this definition;
11.

Lightning;

12.

Failure of the Town to secure patents which it deems necessary for the

performance of the Services;
13.

Contamination of the Plant and the Site from groundwater, soil or airborne

Hazardous Material migrating from sources outside the Plant to the extent caused
by Town;
14.

A Change in Law pertaining to taxes; or

15.

Any Change in Law (including the issuance of any Governmental Approval,

the enactment of any statute, or the promulgation of any regulation) the terms and
conditions of which do not impose more stringent, costly or burdensome
requirements on the Town than are imposed by the Contract Standards.
“Unknown Subsurface Conditions” means, and is limited to, the presence at the Site of
archeological finds or Hazardous Materials.
“Utilities” means any and all utility services and installations whatsoever (including gas,
water, electricity, telephone, internet, cable and any other telecommunications), and all piping,
wiring, conduit, and other fixtures of every kind whatsoever related thereto or used in connection
therewith.
SECTION 1.2 INTERPRETATION.

In this Agreement, notwithstanding any other

provision hereof:
(A)

References Hereto.

The terms “hereby,” “hereof,” “herein,”

“hereunder” and any similar terms refer to this Agreement and the term “hereafter” means
after, and the term “heretofore” means before, the Commencement Date.
(B)

Gender and Plurality. Words of the masculine gender mean and

include correlative words of the feminine and neuter genders and words importing the
singular number mean and include the plural number and vice versa.
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(C)

Persons. Words importing persons include firms, companies,

associations, joint ventures, general partnerships, limited partnerships, limited liability
companies trusts, business trusts, corporations and other legal entities, including public
bodies, as well as individuals.
(D)

Headings. The table of contents and any headings preceding the text

of the Articles, Sections and subsections of this Agreement shall be solely for convenience
of reference and shall not affect its meaning, construction or effect.
(E)

Entire Agreement. This Agreement contains the entire agreement

between the parties hereto with respect to the transactions contemplated by this Agreement.
(F)

Standards of Workmanship and Materials. Any reference in this

Agreement to materials, equipment, systems or supplies (whether such references are in lists,
notes, specifications, schedules, or otherwise) shall be construed to require the Town to
furnish the same in accordance with the grades and standards therefore indicated in this
Agreement.
(G)

Technical Standards and Codes. References in this Agreement to

all professional and technical standards, codes and specifications are to the most recently
published professional and technical standards, codes and specifications of the institute,
organization, association, authority or society specified, all as in effect as of the
Commencement Date.
(H)

Causing Performance. A party shall itself perform, or shall cause to

be performed, subject to any limitations specifically imposed hereby with respect to
Subcontractors or otherwise, the obligations affirmatively undertaken by such party under
this Agreement.
(I)

Party Bearing Cost of Performance. All obligations undertaken by

each party hereto shall be performed at the cost of the party undertaking the obligation or
responsibility, unless the other party has explicitly agreed herein to bear all or a portion of
the cost either directly, by reimbursement to the other party or through an adjustment to the
Service Fee.
(J)

Cost of Performing Excludes Cost from Legal Proceeding. The

“cost of performing” a party’s obligations hereunder, when used with respect to one party’s
obligation to pay additional costs incurred by the other party, shall not include any Loss-and13

Page 25 of 112

Expense incurred by the party resulting from any third-party Legal Proceeding.
Notwithstanding the foregoing, each party retains its rights to bring any Legal Proceeding or
to implead the other party as to any matter arising hereunder.
(K)

Assistance. The obligations of a party to cooperate with, to assist or

to provide assistance to the other party hereunder shall be construed as an obligation to use
the party’s personnel resources to the extent reasonably available in the context of
performance of their normal duties, and not to incur material additional overtime or thirdparty expense unless requested and reimbursed by the assisted party.
(L)

Interpolation.

If any calculation hereunder is to be made by

reference to a chart or table of values, and the reference calculation falls between two stated
values, the calculation shall be made on the basis of linear interpolation.
(M)

Delivery of Documents in Digital Format. In this Agreement, the

Town is obligated to deliver reports, records, designs, plans, drawings, specifications,
proposals and other documentary submittals in connection with the performance of its duties
hereunder. The Town agrees that all such documents shall be submitted to the District in
digital form. Digital copies shall consist of computer readable data submitted in Autocad,
Microsoft Word, Microsoft Access, and Microsoft Excel or in any other similar standard
interchange format which the District may reasonably request to facilitate the administration
and enforcement of this Agreement.
(N)

Severability. If any clause, provision, subsection, Section or Article

of this Agreement shall be ruled invalid by any court of competent jurisdiction, then the
parties shall: (1) promptly negotiate a substitute for such clause, provision, subsection,
Section or Article which shall, to the greatest extent legally permissible, effect the intent of
the parties in the invalid clause, provision, subsection, Section or Article; (2) if necessary or
desirable to accomplish item (1) above, apply to the court having declared such invalidity for
a judicial construction of the invalidated portion of this Agreement; and (3) negotiate such
changes in substitution for or addition to the remaining provisions of this Agreement as may
be necessary in addition to and in conjunction with items (1) and (2) above to effect the intent
of the parties in the invalid provision.

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(O)

No Third-Party Rights. This Agreement is exclusively for the

benefit of the District and the Town and shall not provide any third parties with any remedy,
claim, liability, reimbursement, cause of action or other rights.
(P)

References to Treatment. The terms “treat”, “treated”, “treatment”,

“treating” and any similar terms, when used with respect to Raw Water, shall mean and refer
to the operation of the Plant to receive, and treat Raw Water and distribute Treated Water,
all in accordance with this Agreement.
(Q)

References to Days. All references to days herein are references to

(R)

References to Including. All references to “including” herein shall

calendar days.
be interpreted as meaning “including without limitation”.
(S)

References to Knowledge.

All references to “knowledge”,

“knowing”, “know” or “knew” shall be interpreted as references to a party having actual
knowledge.
(T)

Counterparts. This Agreement may be executed in any number of

original counterparts. All such counterparts shall constitute but one and the same Agreement.
(U)

Governing Law.

This Agreement shall be governed by and

construed in accordance with the applicable laws of the Commonwealth.
(V)

Defined Terms. The definitions set forth in Section 1.1 hereof shall

control in the event of any conflict with any definitions used in the recitals hereto.

ARTICLE II.
REPRESENTATIONS AND WARRANTIES
SECTION 2.1 REPRESENTATIONS AND WARRANTIES OF THE DISTRICT. The
District represents and warrants that:
(A)

Existence and Powers. The District is a body politic and corporate

and political subdivision of the Commonwealth of Massachusetts, with full legal right, power
and authority to enter into and to perform its obligations under this Agreement.
(B)

Due Authorization and Binding Obligation. This Agreement has

been duly authorized, executed and delivered by all necessary action of the District and
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constitutes a legal, valid and binding obligation of the District, enforceable against the
District in accordance with its terms, except to the extent that its enforceability may be
limited by equitable principles of general application.
(C)

No Conflict. To the best of its knowledge, neither the execution nor

delivery by the District of this Agreement, nor the performance by the District of its
obligations in connection with the transactions contemplated hereby or the fulfillment by the
District of the terms or conditions hereof (1) conflicts with, violates or results in a breach of
any constitution, law or governmental regulation applicable to the District or (2) conflicts
with, violates or results in the breach of any term or condition of any order, judgment or
decree, or any contract, agreement or instrument, to which the District is a party or by which
the District or any of its properties or assets are bound, or constitutes a default under any of
the foregoing.
(D)

No Approvals Required.

No approval, authorization, order or

consent of, or declaration, registration or filing with, any Governmental Body or referendum
of voters is required for the valid execution and delivery by the District of this Agreement or
the performance by the District of its payment or other obligations hereunder except
otherwise as such have been duly obtained or made.
(E)

No Litigation. To the best of its knowledge, there is no Legal

Proceeding, at law or in equity, before or by any court or Governmental Body, or proceeding
for referendum or other voter initiative, pending or, to the best of the District’s knowledge,
overtly threatened or publicly announced against the District, in which an unfavorable
decision, ruling or finding could reasonably be expected to have a material and adverse effect
on the execution and delivery of this Agreement or the validity, legality or enforceability of
this Agreement, or any other agreement or instrument entered into by the District in
connection with the transactions contemplated hereby, or on the ability of the District to
perform its obligations hereunder or under any such other agreement or instrument.
(F)

To the District’s knowledge, there are no actual or suspected past or

present Hazardous Materials, or releases of Hazardous Materials on, at, or otherwise
affecting the Plant or the operation of the Plant.

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SECTION 2.2 REPRESENTATIONS AND WARRANTIES OF THE TOWN. The Town
represents and warrants that:
(A) Existence and Powers. The Town of Braintree, municipal corporation and a
body corporate and politic, is one of the three Member Towns of the District, a body politic and
corporate and political subdivision, and has the full legal right, power and authority to enter into
and perform its obligations under this Agreement.
(B) Due Authorization and Binding Obligation. This Agreement has been duly
authorized, executed and delivered by all necessary action of the Town and constitutes a legal,
valid and binding obligation of the Town, enforceable against the Town in accordance with its
terms, except to the extent that its enforceability may be limited equitable principles of general
application.
(C) No Conflict. To the best of its knowledge, neither the execution nor delivery
by the Town of this Agreement nor the performance by the Town of its obligations in connection
with the transactions contemplated hereby or the fulfillment by the Town of the terms or conditions
hereof (1) conflicts with, violates or results in a breach of any constitution, law or governmental
regulation applicable to the Town or (2) conflicts with, violates or results in a breach of any order,
judgment or decree, or any contract, agreement or instrument to which the Town is a party or by
which the Town or any of its properties or assets are bound, or constitutes a default under any of
the foregoing.
(D) No Approvals Required. No approval, authorization, order or consent of, or
declaration, registration or filing with, any Governmental Body is required for the valid execution
and delivery of this Agreement by the Town or the performance of its payment or other obligations
hereunder except as such have been duly obtained or made.
(E) There are no warranties which extend beyond those expressed in this
Agreement.
(F) To Town’s knowledge, there are no actual or suspected past or present
Hazardous Materials, or releases of Hazardous Materials on, at, or otherwise affecting the Project,
the operation of the Project, or any facilities associated with the Project.

Page 29 of 112

ARTICLE III.
EXISTING SITE AND FACILITY
SECTION 3.1 SITE FAMILIARITY. The Site is jointly owned by the Member Towns.
The Town acknowledges that the Town’s agents and representatives have visited, inspected and
are familiar with the Site, its surface physical condition relevant to the obligations of the Town
pursuant to this Agreement, including surface conditions, normal and usual soil conditions, roads,
utilities, topographical conditions and air and Raw Water quality conditions; that the Town is
familiar with all local and other conditions which may be material to the Town’s performance of
its obligations under this Agreement (including, but not limited to transportation; seasons and
climate; access, availability, disposal, handling and storage of materials and equipment; and
availability and quality of labor and Utilities); and that based on the foregoing, the Site constitutes
an acceptable and suitable site for the operation of the Plant. The Town expressly disclaims
knowledge of or responsibility for Unknown Subsurface Conditions, Hazardous Waste or Toxic
Substances not brought onto the Site by the Town.
ARTICLE IV.
OWNERSHIP OF THE PLANT
SECTION 4.1 DISTRICT OWNERSHIP OF THE PLANT. The District shall retain
ownership of the Plant. The Town shall perform the Services provided for herein as an independent
contractor and shall not have any legal, equitable, tax beneficial or other ownership or leasehold
interest in the Plant, except as in its role as a Member Town and pursuant to the JPA and the Act.
Notwithstanding, the Town shall be the duly authorized agent for procurement, contracting and
administration of contracts for the management, operation, Maintenance, Repairs, including
Capital Modifications, expansion or replacement of the Plant and is authorized pursuant to this
Agreement and the JPA to use any procurement authority permitted for use by the Town. Any
procedures, rules, regulations or polices adopted by the Town, or enacted by the Massachusetts
State Legislature and applicable to the Town for procurement and contracting, shall be available
options for the Town’s use to perform any and all services under this Agreement. Moreover, any
authorized used of alternative state procurements, including regional or group purchasing or
inclusion on state bid lists, that is otherwise available to the Town for its day-to-day business, shall
be deemed available to the Town under this Agreement. Further, the Town may, in its sole
discretion, cumulate with and/or appropriate from the acquisition of supplies, services or costs
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otherwise procured or contracted for by the Town for other Town departments for use at the Plant
provided documentation clearly can ascertain the direct or indirect costs of such practice
attributable to the Plant in accordance with generally accepted accounting practices.
ARTICLE V.
OPERATION AND MAINTENANCE
SECTION 5.1 OPERATION AND MAINTENANCE RESPONSIBILITY. Commencing
on the Commencement Date, the Town shall:
(A) perform all services necessary and appropriate for the proper and satisfactory
management of the operation, Maintenance and Repair of the Plant, reservoir, dam, and pump
station as of the Commencement Date in full compliance with Applicable Law and in accordance
with the Operation and Maintenance Manual at Appendix 1 hereto;
(B) use generally accepted operating and Maintenance procedures as well as
engineering principles consistent with Good Industry Practice during the Term of this Agreement;
(C) manage the operations of the Plant on a 24-hour per day, 7-day per week basis;
(D) dispose of all Residuals generated during the Term of this Agreement at a
Designated Disposal Site. Title and ownership of Residuals shall remain with the District
notwithstanding such services by the Town;
(E) manage the operation, Maintenance and Repair of the Plant with the objective
of extending its useful life, providing maximum capacities, preventing unnecessary damage to
public property, minimizing inconveniences by handling interruptions in service and preventing
public health hazards (the “Services”); and
(F) provide initial and as necessary, recurring public outreach, notice, education,
communication and updates regarding the Plant, the provision of water services by the District
and/or any other important information to facilitate the users in all Member Towns understanding
of the District’s operation and services.
SECTION 5.2 DISTRICT OBLIGATIONS GENERALLY. The District, in addition to
the obligations it has accepted elsewhere in this Agreement, shall:
(A) Grant and assure the Town access to the Plant for the performance of its
obligations hereunder; and

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(B) Pay the Service Fee and any other amounts due the Town in accordance with
the terms and conditions of this Agreement.
(C) To ensure payment by all Member Towns of all fees, costs, assessments, fines
and penalties issued by the District for the provision of water to the Member Towns from the Plant.
SECTION 5.3 OPERATION AND MAINTENANCE MANUAL.
(A) Town Responsibility.

The Services shall be performed substantially in

compliance with the Operation and Maintenance Manual and the Town’s computerized
maintenance management system. The Town shall keep the Operations and Maintenance Manual
current.
(B) Supplements for Capital Modifications. The Town shall prepare supplements
and revisions to the Operation and Maintenance Manual which are required due to the design,
construction and installation of any Capital Modifications. The cost and expense of all such
supplements and revisions shall be borne by the District.
(C) Maintenance, Repair and Replacement Plan. The Operation and Maintenance
Manual shall incorporate a Maintenance, Repair and replacement plan. The Town shall adhere to
the plan as incorporated in the Operation and Maintenance Manual. The timing and extent of
Maintenance, Repair and replacement activities performed by the Town hereunder with respect to
the Plant, taken as a whole, shall equal or exceed the Contract Standards.
SECTION 5.4 STAFFING.
(A) Staffing. The Town shall be responsible for the hiring of staff, discipline of
staff, administration of payroll, and the daily supervision of employees at the Plant and employees
performing work for the Plant. The Town shall have ultimate managerial control over the Town
employees. The Service Fee compensates the Town for the salary, benefits, and other
compensation for work performed by Town employees at the Plant and employees performing
work for the Plant including all direct and indirect costs associated with Plant staffing. The Town
shall sufficiently staff the Plant to meet the Contract Standards.
SECTION 5.5 TRAINING.
(A) The Town shall be responsible for training all employees at the Plant. Such
personnel training program shall include the personnel training guidelines, policies and procedures
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established: (1) by the Town; (2) in any Governmental Approval or operator’s certificate required
or issued by any Governmental Body; and (3) in any other Applicable Law. The cost of training
shall be considered an operating cost.
(B) Emergency Preparedness. The Town acknowledges that the District and
Member Towns retain the responsibility for serving the public health, safety and welfare needs of
their ratepayers. The Member Towns accordingly shall have the right to designate three (3)
additional officers or employees for the purpose of receiving emergency preparedness training
from the Town. Such training shall be regularly repeated and renewed so as to be sufficient to
enable any of the three (3) officers or employees to be familiar with the equipment, supplies,
processes, operations and performance of the Plant at a level which will permit such
employees/officials to properly respond to any operating emergency and to assume managerial
responsibility for the District in the event the Town is unable to operate the Plant during the
emergency or under Applicable Law.
SECTION 5.6 UTILITIES SUPPLY AND CONSUMPTION. The Town shall have the
exclusive right to arrange for the supply of electricity and natural gas to the Plant, and to negotiate
and establish electric rates with the suppliers. The District shall cooperate with and assist the Town
in making such arrangements. The cost for all Utilities, including phones and internet access,
including Wi-Fi at the Plant shall be an operating cost subject to reimbursement by the District to
the Town. The Town shall operate the Plant in a manner which minimizes, to the extent reasonably
practicable in light of its obligation to provide the Services, charges for Utilities use, demand,
transmission and distribution.
SECTION 5.7 SAFETY AND SECURITY.
(A) Safety. The Town shall maintain the safety of the Plant at a level consistent
with the Contract Standards. Without limiting the foregoing, the Town shall: (1) take all
reasonable precautions for the safety of, and provide all reasonable protection to prevent damage,
injury or loss by reason of or related to the operation of the Plant to, (a) all employees working at
the Plant and all other persons who may be involved with the operation, construction, Maintenance,
Repair and replacement of the Plant, (b) all visitors to the Plant, (c) all materials and equipment
under the care, custody or control of the Town on the Site, and (d) other property constituting part
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of the Plant; (2) establish and enforce all reasonable safeguards for safety and protection, including
posting danger signs and other warnings against hazards and promulgating safety regulations; (3)
give all notices and comply with all Applicable Laws relating to the safety of persons or property
or their protection from damage, injury or loss; (4) designate a qualified and responsible employee
at the Plant whose duty shall be the supervision of Plant safety, the prevention of fires and accidents
and the coordination of such activities as shall be necessary with federal, Commonwealth, and
local officials; (5) operate all equipment in a manner consistent with the manufacturer’s safety
recommendations; (6) provide for safe and orderly vehicular movements; and (7) develop and
carry out a Site-specific safety program, including employee training and periodic inspections,
designed to implement the requirements of this Section.
(B) Security. The Town shall be responsible for the security of the Plant, and shall
maintain suitable fences, gates, locks, and intrusion and fire alarm systems at the Plant. The Town
shall guard against all damage or injury to such properties caused by trespass, negligence,
vandalism or malicious mischief of third parties. The Town shall work with the District to comply
with all Applicable Law and Good Industry Practice guidelines regarding security measures for
terrorist threats and activities.
(C) Cybersecurity. The Town may utilize computerized programs for maintenance,
process control, cost accounting, and laboratory quality assurance/quality control in the
performance of the Services. The Town shall establish, implement, and maintain commercially
reasonable technical and organizational measures in alignment with the National Institute of
Standards and Technology (NIST) that will be followed to safeguard the information systems that
are used at the Plant. If the Town confirms any unauthorized access to any data by an unauthorized
person or third party, or becomes aware of any material security breach relating to data held or
stored in information systems at the Plant under this Agreement or in connection with the
performance of the Services provided by the Town under this Agreement (each, a “Data Breach”),
the Town shall notify the District without undue delay of such a Data Breach. The Town shall
maintain responsibility for responding to any Data Breach and mitigating any and all impacts
relating thereto. In the event a Data Breach arises out of, results from, or is any way related to an
act or omission of the District, or the District’s officers, employees, agents, affiliates,
representatives, or any third party hired by the District, the District agrees to reimburse the Town
for any and all reasonable costs and expenses, including reasonable attorneys’ fees, incurred by
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the Town in responding to, mitigating the effects of, or complying with legal obligations related
to such Data Breach. For avoidance of doubt, the occurrence of a Data Breach shall not be
construed or deemed an admission of liability, fault, or wrongdoing by either party in connection
with its performance under this Agreement. For purposes of this paragraph, “Information System”
means all Information Technology (IT) and Operational Technology (OT) systems used to process,
store, transmit, or manage information at the Plant.
(D) Telecommunications. It may be necessary or expedient for the District to enter
directly into an agreement with the Braintree Electric Light Department (BELD) for the provision
of telecommunications and internet networking and related services. Alternatively, the Town may
amend its current agreement with BELD to include services performed for the benefit of the
District. In either case, any costs incurred by the Town for such an agreement are deemed to be
operating expenses of the District and shall be expensed either directly or indirectly, provided that
such treatment is identified annually in the operating budget adopted by the District.
(E) Operating Expenses of the District. The costs to provide safety and security as
required by this Section 5.7 shall be operating expenses of the District and allocated to the Member
Towns according to the provisions of the JPA.
SECTION 5.8 COMPLIANCE WITH APPLICABLE LAW.
(A) Compliance Obligation. The Town shall perform the Services in accordance
with Applicable Law, and shall comply with the terms of all Governmental Approvals,
notwithstanding the fact that the Town may not be a permittee or co-permittee with respect to some
or all of such Governmental Approvals.
(B) Sampling, Testing and Laboratory Work. The Town shall perform and provide
all sampling, laboratory testing and analyses, and quality assurance and quality control procedures
and programs required by the Contract Standards. All testing laboratories shall be DEP and EPA,
as applicable, certified for the applicable test, shall be operated in accordance with Good Industry
Practice, and shall be monitored by the Town for compliance with EPA standard test methods. All
sampling and test data shall be available for review by the District in accordance with Section 8.4
hereof. The Town explicitly assumes the risk of incorrect sampling, testing and laboratory work
and any consequences thereof or actions taken or corrections needed based thereon, whether such
work is performed by itself or its Subcontractors, both as to failures to detect and as to false
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detections. The Town shall permit the District, at the District’s expense, to perform any testing,
sampling or analytical procedure it deems appropriate, using the Plant or otherwise.
(C) Investigations of Non-Compliance. In connection with any actual or alleged
event of non-compliance with Applicable Law, the Town shall, in addition to any other duties
which Applicable Law may impose: (1) fully and promptly respond to all inquiries, investigations,
inspections, and examinations undertaken by any Governmental Body; (2) attend all meetings and
hearings required by any Governmental Body; (3) (except where the event of non-compliance was
due to District Fault or Uncontrollable Circumstances) provide all corrective action plans, reports,
submittals and documentation required by any Governmental Body; (4) in conjunction with the
District, communicate in a timely and effective manner with the general public as to the nature of
the event, the impact on the public, and the nature and timetable for the planned remediation
measures; and (5) as soon as reasonably possible upon receipt thereof, provide the District with a
true, correct and complete copy of any written notice of violation or non-compliance with
Applicable Law, and true and accurate transcripts of any verbal notice of non-compliance with
Applicable Law, issued or given by any Governmental Body. The Town shall furnish the District
with an immediate written notice describing the occurrence of any event or the existence of any
circumstance which does or may result in any such notice of violation or non-compliance to the
extent the Town has knowledge of any such event or circumstance, and of any Legal Proceeding
alleging such non-compliance.
(D) Fines, Penalties and Remediation.

Except to the extent excused by

Uncontrollable Circumstances or District Fault, in the event that the Town or any Subcontractor
fails at any time to comply with Applicable Law with respect to the Plant, the Raw Water, air
emissions, odor, or other environmental or operating condition, the Town shall, without limiting
any other remedy available to the District upon such an occurrence and notwithstanding any other
provision of this Agreement: (1) as soon as reasonably possible correct such failure and resume
compliance with Applicable Law; (2) make all Capital Modifications and changes in operating and
management practices which are reasonably necessary to assure that such failure of compliance
with Applicable Law will not recur; and (3) comply with any corrective action plan filed with or
mandated by any Governmental Body in order to remedy a failure of the Town to comply with
Applicable Law. Notwithstanding any other provisions of this Section or this Agreement, the

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District shall bear all costs associated with Capital Modifications required to comply with
Applicable Law in all situations.
(E) No Nuisance Covenant. The Town shall manage the operation, Maintenance
and Repair of the Plant so as to minimize odors, noise and disruption of neighborhoods as far as
practicable. The Town shall keep the Plant neat, clean and litter-free at all times, ensure that the
operation of the Plant does not create any odor, litter, noise, fugitive dust, vector, excessive light
or other adverse environmental effects constituting, with respect to each of the foregoing, a
nuisance condition under Applicable Law. Should any such nuisance condition occur which is not
caused by Uncontrollable Circumstances or District Fault, the Town shall as soon as reasonably
practicable remedy the condition, and pay any fines or penalties relating thereto. The cost of any
fines or penalties relating to this section shall constitute operating expenses of the District and
allocated to the Member Towns according to the provisions of the JPA.
SECTION 5.9 OPERATING GOVERNMENTAL APPROVALS.
(A) Applications and Submittals. The Town shall make all filings, applications and
reports necessary to obtain and maintain all Governmental Approvals required to be made,
obtained or maintained by or in the name of the Town or the District under Applicable Law in
order to operate the Plant. With respect to Governmental Approvals which are required to be
obtained in the name of the District, the Town shall: (1) prepare the application and develop and
furnish all necessary supporting material; (2) supply all data and information which may be
required; (3) familiarize itself with the terms and conditions of such Governmental Approvals; (4)
attend all required meetings and hearings; and (5) take all other action necessary in obtaining,
maintaining, renewing, extending and complying with the terms of such Governmental Approvals.
All permit and filing fees required in order to obtain and maintain Governmental Approvals for
the Town’s performance of the Services shall be paid by the District, regardless of the identity of
the applicant. The Town shall not disadvantage the District in any application, data submittal or
other communication with any Governmental Body regarding Governmental Approvals.
(B) Data and Information. All data, information and action required to be supplied
or taken in connection with the Governmental Approvals required for the Services shall be
supplied and taken on a timely basis in accordance with the requirements of Applicable Law.

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(C) Non-Compliance and Enforcement. The Town shall report to the District, as
soon as reasonably possible upon obtaining knowledge thereof, all violations of the terms and
conditions of any Governmental Approval or Applicable Law pertaining to the Plant.
(D) Reports to Governmental Bodies. The Town shall prepare all periodic and
annual reports, make all information submittals and provide all notices to all Governmental Bodies
required by all Governmental Approvals and under Applicable Law with respect to the Plant,
including sampling and testing results and monthly discharge monitoring reports.
SECTION 5.10 MAINTENANCE, REPAIR AND REPLACEMENT GENERALLY.
(A) Maintenance. The Town shall perform all Maintenance of the machinery,
equipment, structures, improvements and all other property constituting the Plant, shall keep the
Plant in good working order, condition and repair, in a neat and orderly condition and in
accordance with the Contract Standards, and shall maintain the aesthetic quality of the Plant as
originally constructed. The Town shall provide or make provisions for all labor, materials,
supplies, equipment, spare parts, and services which are necessary for the normal and ordinary
Maintenance of the Plant and shall conduct predictive, preventive and corrective Maintenance of
the Plant as required by the Contract Standards. The Town shall keep maintenance logs in
accordance with the Maintenance, Repair and replacement plan. The obligations of the Town under
this Article are intended to assure that the Plant is fully, properly and regularly maintained, repaired
and replaced in order to preserve its long-term reliability, durability and efficiency.
(B) Town Repair and Maintenance of Site. The Town, in accordance with the
Contract Standards, shall keep the grounds of the Site in a neat and orderly condition (including
routine landscaping and grounds maintenance, including mowing, trimming, pruning, and the
cleanup of litter and debris on a daily basis or more frequently as required). The Town shall
maintain and repair all Site signage, fencing and other security systems. The Town shall provide
snow and ice removal services for all access roads, driveways, parking areas, walkways, and other
areas of the Site as necessary to ensure safe and reasonable access to and from the Site at all times.
(C) Costs. The District shall be responsible for the costs associated with all
compliance, Maintenance, Repairs and replacements required under this Article, including the cost
and expense of any Maintenance, Repair or replacement that may constitute a Capital
Modification, unless otherwise provided in this Agreement.
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(D) Disposal of Surplus Equipment. The Town may, with the approval of the
District, remove from the Plant and dispose of or sell, in accordance with Applicable Law,
equipment constituting part of the Plant that is unused or obsolete and no longer needed. All
proceeds from any sale shall be the property of the District, and the District shall reimburse the
Town for its direct and indirect costs in arranging the sale, subject to Cost Substantiation. The
Town shall not store or stockpile any such removed equipment at the Plant.
SECTION 5.11 PERIODIC MAINTENANCE INSPECTIONS.
(A) Annual Maintenance Inspection. The District may, upon reasonable written
notice, perform an inspection of the Plant and relevant records of the Town each Contract Year to
determine compliance with the Contract Standards. The Town shall cooperate fully with the
inspections, which shall not interfere unreasonably with the Town’s performance of the Services.
(B) Full-Scale Inspections. Commencing upon the fourth (4th) and eighth (8th) year
anniversary of the Commencement Date, there may be a full-scale inspection and review of the
state of repair, working condition and performance capability of the Plant. The inspection and
review shall be performed by or on behalf of the District by a District Engineer at the District’s
expense, and shall take place at such time as the District shall determine upon three (3) months’
written notice to the Town. The principal purpose of the inspection and review shall be to permit
the District to ascertain on a comprehensive and focused basis the extent to which the Plant has
and is being properly maintained, repaired and replaced in accordance with the Contract Standards.
The inspection shall include a concurrent review of all relevant data, records and reports. The
Town shall cooperate fully with the inspections, which shall not interfere unreasonably with the
Town’s performance of the Services.
SECTION 5.12 COMPUTERIZED MAINTENANCE MANAGEMENT SYSTEM. The
Town shall maintain, upgrade, repair and replace, as appropriate throughout the Term, a
computerized maintenance management system. The Town shall utilize the computerized
maintenance management system to provide the District with documentation which allows it to
efficiently monitor compliance by the Town with its Maintenance obligations hereunder.
SECTION 5.13 MAINTENANCE, REPAIR AND REPLACEMENT PLAN. Appendix 1
hereto contains the Town’s plan for the Maintenance, Repair and replacement of the Plant. This
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plan is intended to establish a minimum standard by which to measure the Town’s performance of
its ongoing Maintenance, Repair and replacement obligations hereunder, and to assure that no
material deferred or sub-standard Maintenance, Repair and replacement occurs.
SECTION 5.14 WARRANTIES. During the Term of this Agreement, the Town shall be
responsible for meeting the District’s maintenance obligations under all manufacturer’s warranties
on new equipment purchased and installed in the Plant by the District or by the Town, and shall
be the agent of the District in enforcing existing equipment warranties and guarantees. The Town
shall not be required to commence or maintain any litigation with respect to such warranties or
guarantees. The Town shall cooperate with and assist the District if the District seeks to enforce
warranties and guarantees through litigation. In either event, the cost of enforcing the warranty
shall be borne by the District.
SECTION 5.15 EMERGENCIES.
(A) Emergency Response Plan. As required by Applicable Law, the Town shall
have an ongoing obligation to maintain and update, as required, a plan of action to be implemented
in the event of an emergency, including fire, weather, environmental, health, safety and other
potential emergency conditions. The plan shall: (1) provide for appropriate notifications to the
District and all other Governmental Bodies having jurisdiction and for measures which facilitate
coordinated emergency response actions by the District and all such other appropriate
Governmental Bodies; (2) specifically include spill prevention and response measures; and (3)
assure the timely availability of all personnel required to respond to any emergency (no later than
two (2) hours during nights, weekends or holidays). The emergency plan shall be reviewed by the
parties annually and updated when necessary.
(B) Emergency Action.

Notwithstanding any requirement of this Agreement

requiring District approval or consent to reports or submittals, if at any time the Town determines
in good faith that an emergency situation exists such that action must be taken to protect the safety
of the public or its employees, to protect the safety or integrity of the Plant, or to mitigate the
immediate consequences of an emergency event, then the Town shall take all such action it deems
in good faith to be reasonable and appropriate under the circumstances. As promptly thereafter as
is reasonable, the Town shall notify the District of the event at an emergency phone number from
a list supplied by the District, and the Town’s response thereto. The cost of the Town’s response
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measures shall be borne by the Town except to the extent the emergency event was caused by an
Uncontrollable Circumstance, in which case the District shall bear the cost.
SECTION 5.16 ROLLING STOCK. The Town shall provide all transportation vehicles
and rolling stock necessary to perform its obligations under this Agreement. The reasonable and
allocable costs of the Town’s use of transportation vehicles and rolling stock in connection with
the Services and the Plant are deemed to be operating expenses of the District and allocated to the
Member Towns in accordance with the provisions of the JPA.
SECTION 5.17 ADDITIONAL SERVICES. If additional services are required for items
not expressly stated in this Agreement, the Town shall incur the additional costs and such costs
shall be considered operating costs of the District and allocated to the Member Towns in
accordance with the provisions of the JPA.
SECTION 5.18 SERVICES FOR AN INDIVIDUAL MEMBER TOWN. Any service
performed solely for the benefit of one Member Town shall be charged to that individual
community, outside of the District’s operating expenses.
ARTICLE VI.
PERFORMANCE
SECTION 6.1 PLANT PERFORMANCE GENERALLY.
(A) Performance Standards. The operation, Maintenance and Repair of the Plant
shall be managed in accordance with Good Industry Practice, and to ensure compliance with
Applicable Law.
(B) Water Quality and Quality Control. The Town shall employ Good Industry
Practice to manage the operation of the Plant such that the quality of Treated Water is consistently
maintained at levels equal to, or better than, the MCLs and other applicable standards set forth in
the Safe Drinking Water Act and in the Drinking Water Regulations, and all other Applicable Law.
The Town shall establish, implement, and maintain an appropriate quality assurance/quality
control program which shall include routine and periodic sampling, monitoring, testing and
reporting sufficient to verify that the water treatment and distribution processes, and the resulting
Treated Water, comply with the requirements of this Agreement and Applicable Law. Nothing in
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this section or Agreement shall be deemed to place responsibility on the Town of Braintree, as
operator, for the quality of water once it enters the Member Town’s own waterworks and
distribution center, provided the processed water meets all required standards at the sampling point
at which it exits the Plant.
(C) Curtailments and Shutdowns. If the operation of the Plant for any reason is
temporarily reduced, curtailed or shut down so that the Town is unable to provide Services in
accordance herewith, the Town shall as soon as reasonably possible advise the District as to the
nature and probable duration thereof and the expected effect on the operation of the Plant, and take
all steps necessary to remedy the curtailment or shutdown and to resume full performance
hereunder as soon as possible.
SECTION

6.2

DISTRICT

REMEDIES

FOR

NON-COMPLIANCE

WITH

GOVERNMENTAL APPROVALS.
(A) Remedies. If the Town fails to comply with any Governmental Approval, the
Town shall: (1) promptly notify the District of any such non-compliance; (2) promptly provide
the District with copies of any notices sent to or received from the EPA, the DEP or any other
Governmental Body having regulatory jurisdiction with respect to any violations of Applicable
Law; (3) pay any resulting damages, fines, levies, assessments, impositions, penalties or other
charges resulting therefrom as may be required hereunder, subject to reimbursement from the
District of the other Member Towns’ proportional share; (4) take any reasonable action (including,
without limitation, making all repairs and replacements and operating and management practices
changes) necessary in order to comply with such Governmental Approval, continue or resume
performance hereunder and eliminate the cause of, and avoid or prevent the recurrence of noncompliance with such Governmental Approval; (5) promptly prepare all public notifications
required by Applicable Law, and submit such notifications for publication; and (6) assist the
District with all public relations matters necessary to adequately address any public concern caused
by such non-compliance, including but not limited to, preparation of press releases, attendance at
press conferences, and participation in public information sessions and meetings.
(B) Performance Testing. The District, at reasonable times and upon sufficient
notice, may require a performance test to be conducted by the Town, at the District’s cost and
expense, to demonstrate that the Plant is operating in compliance with Applicable Law and
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Governmental Approvals. If the test is not successfully passed, the Town shall at the District’s
cost and expense, make all necessary repairs and replacements, including major repairs and
replacements, and the test shall be re-performed. The District Engineer will conduct or verify each
test and inspection.
SECTION 6.3 EXCESSIVE RAW WATER.
(A) Excessive Raw Water. The receipt of Excessive Raw Water shall not be
considered to be an Uncontrollable Circumstance, except to the extent that the Town affirmatively
demonstrates through properly signed, contemporaneous operating logs, or other relevant evidence
that:
1.

Excessive Raw Water was actually received; and

The occurrence or receipt thereof could not have been prevented by compliance

with the Contract Standards.
(B) Response Measures to Excessive Raw Water. If the Plant receives Excessive
Raw Water, the Town shall, without limiting its obligations under the Contract Standards: (1) use
all reasonable efforts consistent with Good Industry Practice to maintain Plant performance as if
the Excessive Raw Water had not been received; (2) advise the District of the situation and the
Town’s planned course of action as soon as reasonably possible; (3) submit any notice thereof
required by Applicable Law; and (4) use all reasonable efforts consistent with Good Industry
Practice to return the Plant to compliance with the requirements of Applicable Law and
Governmental Approvals as soon as reasonably possible, but, in any event, within ten (10) days
after the Plant has ceased receiving Excessive Raw Water.
(C) Service Fee Impact. To the extent the occurrence of the receipt of Excessive
Raw Water constitutes an Uncontrollable Circumstance hereunder, the Service Fee shall be
increased by an amount equal to the reasonable costs incurred by the Town with respect to such
Uncontrollable Circumstances, including without limitation the reasonable costs incurred by the
Town in responding to the effect of the Uncontrollable Circumstance on the Plant and on the
treatment of Raw Water and distribution of Treated Water.
SECTION 6.4 TESTING AND METERING.
(A) Testing. After the Town has performed the Services for twelve (12) months,
the Town shall calculate the baseline conditions based on the average amount of Raw Water
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received and/or processed at the Plant and the average pollutant limits contained in such Raw
Water in the first Contract Year. Those baseline conditions will be added to and incorporated in
this Agreement in Schedule 1.
The Town shall conduct all tests of Raw Water, air emissions and odor in
accordance with the Contract Standards. The tests shall be made at Commonwealth certified
laboratories to the extent required by the Contract Standards and the costs of such tests shall be
part of the Service Fee, including to the extent such tests are required by a Change in Law or any
other Uncontrollable Circumstance and are not required under the terms hereof as of the
Commencement Date.
(B) Metering at the Plant. The Town shall maintain in good working order, and
repair and replace when necessary, devices capable of metering the continuous and daily total
volume of Raw Water received into the Plant and Treated Water distributed to the Member Towns.
The District shall have full access to such meters, instruments, controls, recorders, scales and other
metering. All operating data produced by such metering devices shall be subject to audit and shall
be summarized in the monthly operations reports delivered to the District pursuant to Section 8.4
hereof. All such metering devices shall be calibrated to the accuracy required by, and shall be
operated and maintained in accordance with the requirements of the Contract Standards. To the
extent any metering device is incapacitated or is being tested, the Town shall estimate as accurately
as practicable the data required by the Town to perform the Services. This estimate and
methodology shall be used as the basis for determining the operating data required hereunder
during the outage. The District shall have the right to monitor, inspect and test such metering and
weighing devices which are part of the Plant at any time and for any purpose and to take
measurements regarding Raw Water and Treated Water without unreasonably interfering with the
Town’s ordinary operations.
(C) District Responsibility for Meters. The District shall ensure that the Member
Towns are solely responsible, at their own cost and expense, for the installation, operation,
calibration, maintenance, inspection, testing, repair, and replacement of all water meters, flow
meters, and related appurtenances located within its geographic jurisdiction that are used to
measure water delivered to or received from the Plant.

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ARTICLE VII.
CAPITAL MODIFICATIONS
SECTION 7.1 CAPITAL MODIFICATIONS GENERALLY.
(A) Purpose. The parties acknowledge that it may be necessary due to an
Uncontrollable Circumstance, or desirable from the standpoint of either party, to make Capital
Modifications. Capital Modifications may be desirable, for example, to improve the performance
or increase the capacity of the Plant, to address or anticipate the obsolescence of portions of the
Plant, or to reduce the cost to the Town of performing this Agreement.
(B) Party Responsible for Costs. The District shall bear the cost and expense of all
Capital Modifications and related compliance, operation, Maintenance, Repair and replacement
costs. The Town shall, however, incur only costs pursuant to a duly authorized capital allocation
motion by the District.
(C) Title and Risk of Loss. Title to any Capital Modifications performed during
the Term of the Agreement including the structures, improvements, fixtures, machinery,
equipment and materials constituting the Capital Modifications shall remain with the District upon
delivery of the Capital Modifications to the Plant or upon payment therefore by the District,
whichever is earlier.
(D) Quality Assurance and Quality Control.

The Town shall have full

responsibility for quality assurance and quality control for the Capital Modifications.
(E) Health and Safety. All Capital Modifications under this Section shall be
performed in accordance with all health and safety standards required by Applicable Law,
Insurance Requirements and the Contract Standards.
(F) Subcontractors. Section 13.4 hereof shall be applicable to the Town’s use of
Subcontracts and Subcontractors in connection with any Capital Modifications. All Subcontractors
shall meet all of the licensing requirements applicable to the work to be performed by such
Subcontractor.
(G) Warranties. The Town warrants to the District that all Capital Modifications
that are undertaken or made by the Town or its Subcontractor, will be new, of recent manufacture,
of good quality, free from faults and defects, suitable for its intended purpose and in conformity
with the Contract Standards. The Town shall, for the protection of the District, obtain from all
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Subcontractors, vendors, suppliers and other persons from which the Town procures structures,
improvements, fixtures, machinery, equipment and materials such warranties and guarantees as
are normally provided with respect thereto. No such warranty or guarantee shall relieve the Town
of any obligation hereunder, and no failure of any warranted structures, improvements, fixtures,
machinery, equipment or material shall be the cause for any increase in the Service Fee or nonperformance of the Services unless such failure is itself attributable to an Uncontrollable
Circumstance or District Fault. There are no warranties which extend beyond those expressed in
this Agreement.
(H) Documents at the Site. The Town shall maintain at the Site in a safe place one
record copy of all drawings, specifications, addenda, change orders, graphic or written instructions,
interpretations and clarifications, and all other documents related to the Capital Modifications, in
good order and marked currently to record all changes made during construction, together with
construction drawings approved by the applicable regulatory body, general arrangements,
manufacturing and shop drawings, product data and samples, and copies of all building, electrical,
plumbing and public safety codes applicable to the Capital Modifications. These documents shall
be available to the District for reference, copying and use.
SECTION 7.2 CONSTRUCTION PRACTICE.
(A) The Town shall perform the Capital Modifications in accordance with the
Contract Standards and shall have exclusive responsibility for all procurement authorization and
processes, construction means, methods, techniques, sequences, and procedures necessary or
desirable for the correct, prompt, and orderly prosecution and completion of the Capital
Modifications as required by this Agreement. The responsibility to provide the construction
means, methods, techniques, sequences and procedures referred to above shall include, but not be
limited to, the obligation of the Town to provide the following construction requirements, at the
District’s cost and expense: temporary power and light; temporary offices and construction
trailers; required design certifications; required approvals; weather protection; Site clean-up and
housekeeping; construction trade management; temporary parking; vehicle traffic; safety and first
aid facilities; correction of or compensation for defective work or equipment; Subcontractors’
insurance; storage areas; workshops and warehouses; temporary fire protection; Site security;
temporary Utilities; potable water; sanitary services; Subcontractor and vendor qualification;
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receipt and unloading of delivered materials and equipment; erection rigging; temporary supports;
and construction coordination.
(B) Governmental Approvals Necessary for Capital Modifications. The Town shall
make all necessary filings, applications and reports necessary to obtain and maintain all
Governmental Approvals required to be made, obtained or maintained under Applicable Law in
connection with the performance of the Capital Modifications, including the preparation of any
Site-related plans. The District shall cooperate with the Town in connection with the foregoing
undertaking, and shall provide the Town with such relevant data or documents as are within its
control and which are reasonably required for such purpose.
SECTION 7.3 CAPITAL MODIFICATIONS AT TOWN REQUEST. The Town shall
give the District written notice of, and reasonable opportunity to review and comment upon, any
Capital Modification proposed to be made at the Town’s request. The notice shall contain
sufficient information for the District to determine that the Capital Modification, at a minimum:
(1) does not diminish the capacity of the Plant to be operated so as to meet the Contract Standards;
(2) does not impair the quality, integrity, durability and reliability of the Plant; (3) is reasonably
necessary or is advantageous for the District and to the Town to fulfill its obligations under this
Agreement; and (4) is feasible. The Town may be entitled to an adjustment in the terms of this
Agreement as a result of any such Capital Modification.
SECTION 7.4 CAPITAL MODIFICATIONS DUE TO UNCONTROLLABLE
CIRCUMSTANCES. Upon the occurrence of an Uncontrollable Circumstance, the Town shall
promptly proceed, subject to the terms, conditions and procedures set forth in this Article and
Section 12.4 hereof, to make or cause to be made all Capital Modifications reasonably necessary
to address the Uncontrollable Circumstance. The Town shall consult with the District concerning
possible means of addressing and mitigating the effect of any Uncontrollable Circumstance, and
the Town and the District shall cooperate in order to minimize any delay, lessen any additional
cost and modify the Plant so as to permit the Town to continue providing the Services in light of
such Uncontrollable Circumstance. The design and construction costs of any such Capital
Modification, and any related operation, Maintenance, Repair and replacement costs, shall be
borne by the District.
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SECTION 7.5 CAPITAL MODIFICATIONS AT DISTRICT DIRECTION. The District
shall have the right to direct the Town to implement Capital Modifications at any time and for any
reason whatsoever, whether and however the exercise of such rights affects this Agreement,
subject to the terms of the Act and the JPA. The procurement, design and construction costs of any
such Capital Modification shall be made by the Town under the terms of this Agreement, at the
District’s direction under this Section, and any related operation, Maintenance, Repair and
replacement costs will be borne by the District.
SECTION

7.6

PRIMARY

PROCEDURE

FOR

IMPLEMENTING

CAPITAL

MODIFICATIONS.
(A) Primary Implementation Procedure. Unless the District determines that an
alternative implementation procedure be employed, the implementation procedure set forth in this
Section shall apply with respect to all Capital Modifications.
(B) Preliminary Town Plan and District Review. For any proposed Capital
Modifications, the District may request, at its cost and expense, that the Town prepare and deliver
to the District a preliminary plan for the implementation of the Capital Modification. Any such
preliminary plan shall include recommendations as to technology, design, project delivery model,
construction, equipment, materials, and operating and performance impacts, a preliminary
schedule, capital and operating cost estimates, and an assessment of possible alternatives. The
preliminary plan shall specifically evaluate reasonable alternatives to the Capital Modification and
changed operating and management practices. The District will review the Town’s preliminary
plan and recommendations, and undertake discussions with the Town in order to reach agreement
on a basic approach to the Capital Modification.
(C) Negotiation and Finalization of Capital Modification. Any final negotiated
agreement for the implementation of a Capital Modification under this Section shall address, as
applicable: (1) design requirements; (2) project delivery model and construction management
services; (3) acceptance tests and procedures; (4) a guarantee of completion and acceptance; (5)
performance guarantees; (6) any changes to the Contract Standards to take effect as a consequence
of the Capital Modification; (7) a payment schedule for the design and construction managementrelated services; (8) provisions for District Engineer review; (9) any adjustments to the Service
Fee resulting from the Capital Modification, including any related operation, Maintenance, Repair
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and replacement costs; (10) a financing plan; and (11) any other appropriate amendments to this
Agreement. The Town shall not be obligated to undertake any Capital Modification under Section
7.4 or 7.5 hereof except following agreement as to such negotiated adjustments, unless otherwise
required on an emergency basis.
SECTION 7.7 FINANCING CAPITAL MODIFICATIONS. The District shall seek
financing for all Capital Modifications under this Article, and shall make the proceeds of the
financing available to the Town to pay the negotiated price.
SECTION 7.8 TOWN NON-IMPAIRMENT RIGHTS. No Capital Modification, other
than a Town-requested Capital Modification, shall be made that materially impairs any right,
materially impairs the ability to perform, imposes any material additional obligation or liability,
or materially increases the costs of the Town hereunder, including operating, Maintenance, Repair
and replacement costs related to such Capital Modification.
ARTICLE VIII.
SERVICE COORDINATION, CONTRACT ADMINISTRATION AND
RECORDKEEPING
SECTION 8.1 SERVICE COORDINATION AND CONTRACT ADMINISTRATION.
(A) Town’s Plant Managers. The Town shall appoint a full-time manager of the
Plant (the “Plant Manager”), or similar title, and Assistant Plant Manager (“Assistant Plant
Manager” and collectively (“Plant Managers”) who shall be licensed, trained, experienced and
proficient in the management and operation of water systems comparable to the Plant, shall have
the operator’s certification required by Applicable Law and be otherwise appropriately certified
under Applicable Law. Wherever used in this Agreement Plant Manager shall mean the Plant
Manager or other similar title approved under this section, or the Plant Manager’s authorized
designee acting pursuant to the same authority granted hereunder.
(B) Town’s Senior Supervisors. The Town shall appoint and inform the District
from time to time of the identity of the officials of the Town with senior supervisory responsibility
for the Plant and the performance of this Agreement (the “Senior Supervisors”).
(C) District’s Contract Administrator. The District shall designate an individual or
firm to administer this Agreement and act as the District’s liaison with the Town in connection
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with the Services (the “Contract Administrator”). The Town understands and agrees that the
Contract Administrator has only limited authority with respect to the implementation of this
Agreement, and cannot bind the District with respect to any Agreement amendment or to incurring
costs in excess of the amounts appropriated therefore. Within such limitations, the Town shall be
entitled to rely on the written directions of the Contract Administrator. For routine contracting and
spending matters, such as those anticipated within the annual operating budget duly authorized by
the District, no further approval from the Contract Administrator is required, provided that any
spending or incurrence of costs shall be in agreement with such operating budget.
(D) District Approvals and Consents. When this Agreement shall require any
approval or consent by the District to a Town submission, request or report, the approval or consent
shall be given by the Contract Administrator in writing and such writing shall be conclusive
evidence of such approval or consent, subject only to compliance by the District with the
Applicable Law that generally governs its affairs. Unless expressly stated otherwise in this
Agreement, and except for requests, reports and submittals made by the Town that do not, by their
terms or the terms of this Agreement, require a response or action, if the District does not find a
request, report or submittal acceptable, it shall provide written response to the Town describing its
objections and the reasons therefore within thirty (30) days of the District’s receipt thereof. If no
response is received, the request, report or submittal shall be deemed rejected and the Town may
resubmit the same, with or without modification. Requests, reports and submittals that do not
require a response or other action by the District pursuant to some specific term of this Agreement
shall be deemed acceptable to the District if the District shall not have objected thereto within
thirty (30) days of the receipt thereof.
(E) Communications and Meetings. On or before the Commencement Date, the
Town shall inform the District of the telephone, cellular telephone, e-mail address and other means
by which the Plant Manager and Senior Supervisors may be contacted. The Plant Manager shall
be reachable 24 hours a day, seven days a week except in circumstances where the Plant Manager
is on vacation or sick leave, provided that in any such cases the Contract Administrator has been
provided with a designated responsible contact while the Plant Manager is out on leave. The
District shall furnish to the Town comparable communications information with respect to the
Contract Administrator. The Town shall report to the District monthly on management,
operational, performance and planning matters arising with respect to the Plant and this
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Agreement. Any issue in dispute which the parties are unable to resolve at such periodic meetings
may be referred to Non-Binding Mediation, as provided for in Section 10.10 hereof, and the
resolution of any issues resolved at such meetings or through Non-Binding Mediation shall be
reflected in a Contract Administration Memorandum.
SECTION 8.2 CONTRACT ADMINISTRATION.
(A) Administrative Communications. The parties recognize that a variety of
contract administrative matters will routinely arise throughout the Term of this Agreement. These
matters will by their nature involve requests, notices, questions, assertions, responses, objections,
reports, claims, and other communications made personally, in meetings by phone, by mail and by
electronic and computer communications. The purpose of this Section is to set forth a process by
which the resolution of the matters at issue in such communications, once resolution is reached,
can be formally reflected in the common records of the parties so as to permit the orderly and
effective administration of this Agreement.
(B) Contract Administration Memoranda.

The principal formal tool for the

administration of matters arising under this Agreement between the parties shall be a “Contract
Administration Memorandum” or a “CAM”. A Contract Administration Memorandum shall be
prepared, once all preliminary communications have been concluded, to evidence the resolution
reached by the District and the Town as to matters of interpretation and application arising during
the course of the performance of their obligations hereunder. Such matters may include, for
example: (1) claims for an increase or decrease of the Service Fee or other demands for
compensation or performance based on any provision of this Agreement; (2) issues as to the
meaning, interpretation, application or calculation to be made under any provision hereof; (3)
notices, waivers, releases, satisfactions, confirmations, further assurances and approvals given
hereunder; and (4) other similar contract administration matters.
(C) Procedures.

Either party may request the execution of a Contract

Administration Memorandum.

When resolution of the matter is reached, a Contract

Administration Memorandum shall be prepared by or at the direction of the District reflecting the
resolution. The Contract Administration Memorandum shall be numbered, dated, signed by the
Contract Representative of each party, and co-signed by a Senior Supervisor for the Town and by
the Executive Director of the District. The District and the Town each shall maintain a parallel,
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identical file of all Contract Administration Memoranda, separate and distinct from all other
documents relating to the administration and performance of this Agreement.
(D) Effect. The executed Contract Administration Memoranda shall serve to guide
the ongoing interpretation and performance of this Agreement. Any material change, alteration,
revision or modification of this Agreement, however, shall be effectuated only through a formal
Agreement amendment authorized, approved or ratified by resolution of the governing body of the
District and properly authorized by the Town.
SECTION 8.3 ASSET AND FINANCIAL RECORDS.
(A) Plant Records. The Town, on and after the Commencement Date, shall
maintain a computerized information system with respect to the Plant for operations and
Maintenance data and process control, including the information necessary to verify calculations
made pursuant to this Agreement and demonstrate compliance with the Contract Standards. The
Town shall promptly provide the District, upon reasonable request, with copies of all operations
and Maintenance data and other information kept by the Town in its performance of the Services.
(B) Availability of Plant Records to District. The Town shall make available to the
District all operations, Maintenance, performance, process control and similar records and data as
are available to the Town’s Plant Manager.
(C) Record Documents. The Town shall maintain at the Plant and make available
to the District upon request for review and copying: (1) all designs, drawings, construction
drawings approved by the applicable regulatory body, plans, specifications and “as-built” or record
drawings and documents pertaining to the Plant; and (2) similar documents relating to any Capital
Modifications. The Town shall keep current all such records to show any changes to the Plant
(including valves, pipes, pumps, meters and other assets) made by the Town in the performance
of the Services.
(D) Financial Records. The Town shall prepare and maintain proper, accurate,
complete and current financial books, records and accounts, in accordance with generally accepted
accounting principles, with respect to all aspects of the Plant and Services, including direct and
indirect personnel expenses, Subcontractor costs, the costs of material, equipment and supplies,
maintenance, repair and replacement items, operating expenses and overhead. These financial
records shall be in form and substance sufficient to support all financial reporting, including Cost
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Substantiation, required hereunder. The Town shall keep the relevant portions of the books,
records and accounts maintained with respect to each Contract Year until at least the seventh
anniversary of the last day of each such Contract Year (or such longer period as may be appropriate
to account for any dispute then pending). For those circumstances that require Cost Substantiation
under Section 13.3 hereof, the Town shall make such books and records available to the District
for inspection, audit and copying upon reasonable notice during business hours to the extent
necessary to allow the District to determine to its reasonable satisfaction the accuracy,
completeness, currency and propriety of any charge or request for payment hereunder. The
provisions of this Section shall survive the termination of this Agreement.
(E) Inspection, Audit and Adjustment. The District shall have the right to perform
or commission an inspection or independent audit of the financial information required to be kept
under this Section. If an inspection or audit reveals that the District has overpaid the Service Fee,
then the Town shall provide as an offset against future Service Fee payments, as a Service Fee
adjustment, the overpaid amount as provided is section 9.3.
SECTION 8.4 PERIODIC REPORTS.
(A) Monthly Operations. The Town shall provide the District with monthly
operations reports no later than twenty-eight (28) days after the end of each Billing Period.
(B) Annual Operations and Maintenance Reports. The Town shall furnish the
District, with an annual report, within sixty (60) days after the end of each Contract Year.
(C) Default Reports. The Town shall provide to the District, immediately after the
receipt thereof, copies of any written notice of a material default, breach or noncompliance
received or sent under or in connection with any material contract entered into by the Town in
connection with the Contract Services.
(D) Permit Communications and Reports. The Town shall provide to the District
copies of all communications and reports furnished to any Governmental Body.
(E) Periodic Audits. In addition to those inspections section forth in 5.11 hereof,
the District shall have the right, but not the obligation, to conduct periodic audits and annual
inspections of the Plant to assess whether (1) the Town has performed all necessary Maintenance,
Repairs and replacements (including major repairs and replacements); and (2) the Plant is
operating in compliance with Applicable Law and the performance standards specified herein.
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Such inspections and audits may include, but shall not be limited to, (1) walk-through inspections
of the Plant; (2) useful life engineering audits of machinery, equipment, vehicles, and structures
constituting the Plant; and (3) actual performance tests on equipment, processes, and the Plant.
Such audits shall be at no cost to the Town and the District shall reimburse the Town for any
reasonable and necessary costs it [the Town] incurs as the result of the District’s election to conduct
an audit under this Section. To the extent that periodic audits or inspections require access to the
Plant, the District shall be subject to the requirements of Section 8.5, below.
SECTION 8.5 DISTRICT ACCESS. The District may, with proper, advance notice and in
such a manner as to not disturb the Town in its management, operations, and Maintenance of the
Plant, during reasonable times, visit and inspect the Plant and observe the Town’s performance of
the Services. The Town shall permit and facilitate access to the Plant for such purposes by District
personnel and by agents and contractors designated by the District. Keys or passwords, as
applicable, for the facilities or structures comprising the Plant shall be provided to the District’s
Contract Administrator by the Town in accordance with the Town’s physical security plan and key
control program. All visitors shall comply with the Town’s reasonable operating and safety
procedures and rules, and shall not interfere with the Town’s operations of the Plant. When visiting
any portion of the Plant that is staffed by the Town at the time of the visit, all District employees,
agents and contractors shall announce themselves to the staff and Town employees may elect to
accompany any District employees, agents and contractors during the visit. The Town shall
maintain a visitors’ log during the Term of this Agreement and shall require that all visitors to the
Plant (other than visitors on organized tours or Town personnel) sign in and sign out in the visitor’s
log.
ARTICLE IX
SERVICE FEE
SECTION 9.1 SERVICE FEE. The Service Fee payable to the Town for the Services shall
be comprised of the following components: (1) all costs incurred by the Town for the management,
operations, Maintenance, Repairs, security, administration, staffing, control and oversight of the
Plant, including direct and indirect costs attributable to the Plant; and (2) a fifteen (15) percent
operating reserve to be held by the Town on behalf of the District. A sample Service Fee
calculation appears in Schedule 3 to this Agreement.
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SECTION 9.2 ANNUAL MANAGEMENT, OPERATION AND MAINTENANCE
COSTS. The Annual Management, Operations and Maintenance Costs for which the Town may
invoice the District for the Town’s performance of the Services, including payments for major
maintenance and repair not otherwise funded through Debt Service, shall be defined and calculated
as follows:
The direct and indirect costs, as more particularly described and apportioned in Schedule
2, which represent the Town’s actual costs to manage, operate, maintain, repair, secure,
oversee, insure, protect and preserve the Plant and support the administrative, technical,
legal, accounting, personnel and benefits, risk and other operational and consequential
costs of the Plant. A sample Service Fee calculation appears at Schedule 3 to this
Agreement.
Debt Service shall not be calculated or included in the Service Fee to be determined under
this Article but instead shall be calculated and paid in accordance with Section 4 of the Act
and Sections III, IV and IX of the JPA.
SECTION 9.3 BILLING AND PAYMENT. The Town will bill the District quarterly, in
advance for the ensuing quarter and the District shall issue payment within thirty (30) days of
receipt of an invoice from the Town. The District shall pay the initial bill for the quarter ending
September 30, 2026, within thirty (30) days of receipt of the invoice from the Town. Any payment
due to the Town that is not made within the requisite thirty (30) day period shall accrue interest
beginning on the thirty-first (31st) date from the District’s receipt of the invoice at the Overdue
Rate. The quarterly payment, to be paid in advance, shall be calculated based upon the Town’s
actual budget for the fiscal year, approved in advance, and divided into quarterly payments, subject
to an annual reconciliation of costs in accordance with Section 9.4, below.
SECTION 9.4 ANNUAL RECONCILIATION.

Within ninety (90) days after the

conclusion of each fiscal year, the Town shall provide a summary of the true and accurate costs
for the Services for the immediately preceding fiscal year. To the extent that there is a discrepancy
between what was invoiced and what is actually due as the result of the reconciled amount under
this Article a credit or additional charge shall be included in the Town’s third-quarter invoice and

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shall be due and payable thereafter in accordance with Section 9.3, above. A sample calculation of
the annual reconciliation appears as Schedule 3 to this Agreement.
SECTION 9.5 ADJUSTMENT TO SERVICE FEE. If any adjustment to the Service Fee
is required pursuant to any express provision of this Agreement, the party requesting the
adjustment shall submit to the other party a written statement setting forth the cause of the
adjustment, the anticipated duration of the adjustment, and the amount of the adjustment, as
appropriate. Except to the extent that a longer period is otherwise specifically provided for in this
Agreement, any request for adjustment of the Service Fee hereunder shall be accepted or rejected
by the party receiving the request within forty-five (45) days of receipt. If the receiving party does
not notify the requesting party of its rejection and the reasons therefore within such forty-five (45)
day period, the request shall be deemed rejected. A rejected request may be resubmitted, with or
without change, and this paragraph shall apply to such resubmitted request as it applies to an
original request. Any Service Fee adjustment request which is not rejected or deemed rejected
shall take effect as of the next monthly billing period thereafter, or as otherwise agreed to by the
parties.
SECTION 9.6 BILLING STATEMENT DISPUTES. If the District disputes any amount
billed by the Town, the District may either (1) pay the disputed amount when otherwise due, and
provide the Town with a written objection indicating the amount that is being disputed and
providing all reasons then known to the District for its objection to or disagreement with such
amount, or (2) withhold payment of the disputed amount and provide the Town with written
objection as aforesaid within the time when such amount would otherwise have been payable.
When any billing dispute is finally resolved, if payment by the District to the Town of amounts
withheld or reimbursement to the District by the Town of amounts paid under protest is required,
such payment or reimbursement shall be made within forty-five (45) days of the date of resolution,
with interest at the Overdue Rate.
SECTION

9.7

DISTRICT

ENSURE

COLLECTION

AND

PAYMENT

Notwithstanding its other obligations under this Agreement, the Town of Braintree shall have no
responsibility for ensuring the collection and payment of any assessment, fee or cost levied upon
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the Member Towns by the District. The District shall be responsible for the assessment, notice,
and collection of all fees and costs for provision of drinking water by the District to the Member
Towns. The District shall not be relieved from, nor shall it have excusable delay for payment of
the Service Fee due to The town of Braintree under the terms of this Agreement if any of the
Member Town’s are delinquent in their payment obligations to the District. The District shall have
an affirmative and enforceable duty, upon any delinquency or nonpayment by any Member Town
that affects the District’s ability to pay the Service Fee, to use all means available to it [the District]
under Applicable Law to ensure payment of all fees and assessments by the Member Towns. If
the District refuses, fails or otherwise inexcusably delays in its obligation to use all lawful means
to enforce delinquent payment by Member Towns, the District, by virtue of this Agreement,
assigns all its rights, title and interest to utilize any mechanism available at law or equity, to the
Town of Braintree to initiate legal proceedings to enforce payment.
ARTICLE X
BREACH, DEFAULT, REMEDIES AND TERMINATION
SECTION 10.1 REMEDIES FOR BREACH. The parties agree that, except as otherwise
provided in Sections 10.2, 10.3, 10.4 and 12.7 hereof with respect to termination rights, in the
event that either party breaches this Agreement, the other party may exercise any legal rights it
may have under this Agreement or under Applicable Law, or to secure specific performance, and
that such rights to recover damages and to secure specific performance shall ordinarily constitute
adequate remedies for any such breach.
SECTION 10.2 EVENTS OF DEFAULT BY THE TOWN.
(A) Events of Default Not Requiring Previous Notice or Further Cure Opportunity
for Termination. Each of the following shall constitute an Event of Default by the Town upon
which the District, by notice to the Town, may terminate this Agreement without any requirement
of having given notice previously or of providing any further cure opportunity:
1. Abandonment. The abandonment or failure of the Town to operate all or a substantial portion
of Plant for a 24-hour period in any Contract Year, unless caused by Uncontrollable
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2. Intentional Misrepresentation. Any intentional misrepresentation of information and facts
relating and material to the Town’s performance of its obligations hereunder or the
performance of the Plant.
(B) Events of Default Requiring Previous Notice and Cure Opportunity for
Termination. It shall be an Event of Default by the Town upon which the District may terminate
this Agreement, by notice to the Town, if: (1) the Town fails to meet the MCL requirements for
(i) any three (3) months within a six (6)-month period as to each pollutant or (ii) any six (6) months
within a twelve (12)-month period as to any pollutant, unless caused by Uncontrollable
Circumstances or District Fault; (2) any representation or warranty of the Town hereunder was
false or inaccurate in any material respect when made, and the legality of this Agreement or the
ability of the Town to carry out its obligations hereunder is thereby adversely affected; (3) the
Town fails, refuses or otherwise defaults in its duty to perform any material obligation under this
Agreement (unless such default is excused by an Uncontrollable Circumstance or District Fault as
and to the extent provided herein), except that no such default (other than those set forth in
subsection (A) of this Section) shall constitute an Event of Default giving the District the right to
terminate this Agreement for cause under this subsection unless:
1. The District has given prior written notice to the Town stating that in its opinion a specified
default in its duty to pay or perform exists which gives the District a right to terminate this
Agreement for cause under this Section, and describing the default in reasonable detail; and
2. The Town has neither corrected nor diligently taken steps to correct such default and prevent
its recurrence but not more than thirty (30) days from the date of the notice given pursuant to
the preceding paragraph.
If the Town shall have diligently taken steps to correct such default, to the District’s reasonable
satisfaction, then the default shall not constitute an Event of Default during such period of time.
SECTION 10.3 EVENTS OF DEFAULT BY THE DISTRICT.
(A) Events of Default Permitting Termination.

Each of the following shall

constitute an Event of Default by the District upon which the Town, by notice to the District, may
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1. Representations and Warranties. Any representation or warranty of the District hereunder was
false or inaccurate in any material respect when made, and the legality of this Agreement or
the ability of the District to carry out its obligations hereunder is thereby adversely affected;
2. Failure to Pay or Perform. The failure, refusal or other default by the District in its duty: (1)
to pay the amount required to be paid to the Town under this Agreement within twenty-one
(21) days following the due date for such payment; or (2) to perform any other material
obligation under this Agreement (unless such default is excused by an Uncontrollable
Circumstance or Town Fault); or
(B) Notice and Cure Opportunity. No such default described in subsection (A) of
this Section shall constitute an Event of Default giving the Town the right to terminate this
Agreement for cause under this subsection unless:
1. The Town has given prior written notice to the District stating that a specified default which
gives the Town a right to terminate this Agreement for cause under this Section and describing
the default in reasonable detail; and
2. The District has neither corrected nor diligently taken steps to correct such default within a
reasonable period of time but not more than thirty (30) days from the date of the notice given
pursuant to the preceding paragraph (but if the District shall have diligently taken steps to
correct such default within a reasonable period of time, the same shall not constitute an Event
of Default for as long as the District is continuing to take such steps to correct such default).
SECTION 10.4 OBLIGATIONS OF THE TOWN UPON TERMINATION OR
EXPIRATION.
(A) Town Obligations. Upon a termination of the Town’s right to perform this
Agreement hereunder, or upon the expiration of this Agreement under Section 11.1 hereof, the
Town shall, as applicable:
1. Stop the Services on the date and to the extent specified by the District;
2. Promptly take all action as necessary to protect and preserve all materials, equipment, tools,
facilities and other property;
3. Promptly remove from the Plant all equipment, implements, machinery, tools, temporary
facilities of any kind and other property owned or leased by the Town (including, but not

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limited to sheds, trailers, workshops and toilets), and repair any damage caused by such
removal;
4. Clean the Plant and the Site and leave them in a neat and orderly condition;
5. Subject to subsection (B) of this Section, promptly remove all employees of the Town and any
Subcontractors and vacate the Plant;
6. Deliver to the District the Operation and Maintenance Manual and all computer programs used
at the Plant in the performance of the Services, including all revisions and updates thereto;
7. Deliver to the District a copy of all books and records in its possession relating to the
performance of the Services;
8. Provide the District with a list of all files and access and security codes with instructions and
demonstrations which show how to open and change such codes;
9. Advise the District promptly of any special circumstances which might limit or prohibit
cancellation of any Subcontract;
10. Promptly deliver to the District copies of all Subcontracts, together with a statement of:
a) the items ordered and not yet delivered pursuant to each agreement;
b) the expected delivery date of all such items;
c) the total cost of each agreement and the terms of payment; and
d) the estimated cost of canceling each agreement;
11. Assign to the District any Subcontract that the District elects in writing, at its sole election and
without obligation, to have assigned to it. The District shall assume, and the Town shall be
relieved of its obligations under, any Subcontract so assigned;
12. Unless the District directs otherwise, terminate all Subcontracts and make no additional
agreements with Subcontractors;
13. As directed by the District, transfer to the District by appropriate instruments of title, and
deliver to the Plant (or such other place as the District may specify), all special order items
pursuant to this Agreement for which the District has made or is obligated to make payments;
14. Promptly transfer to the District all warranties given by any manufacturer or Subcontractor
with respect to particular components of the Services;
15. Notify the District promptly in writing of any Legal Proceedings against the Town by any
Subcontractor or other third parties relating to the termination of the Services (or any
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16. Give written notice of termination, effective as of date of termination of this Agreement,
promptly under each policy of Required Insurance (with a copy of each such notice to the
District), but permit the District to continue such policies thereafter at its own expense, if
possible; and
17. Take such other actions, and execute such other documents as may be necessary to effectuate
and confirm the foregoing matters.
(B) Continuity of Service and Technical Support. Upon the termination of the
Town’s right to perform this Agreement hereunder or upon the expiration of this Agreement under
Section 11.1 hereof, the Town, at the request and direction of the District, shall provide for an
effective continuity of service and the smooth and orderly transition of management to the District
or any replacement operator designated by the District. The Town shall be paid for such services
by the District on a Cost Substantiated basis. The Town shall provide the District with the rate/cost
for such services at least one hundred and eighty (180) days prior to the termination of the
Agreement or as soon as reasonably possible upon a termination for default. Such service shall be
for a period of up to one hundred and eighty (180) days and shall include providing technological
and design advice and support and delivering any plans, drawings, renderings, operating manuals,
computer programs, or other information useful or necessary for the District or any replacement
operator designated by the District to carry out and to perform the Services.
(C) District Payment of Costs. The District shall pay to the Town within sixty (60)
days of the date of the Town’s invoice supported by Cost Substantiation all reasonable costs and
expenses incurred by the Town in satisfying its obligations under subsection (A) of this Section.
SECTION 10.5.TERMINATION FOR CONVENIENCE. The Town shall have the right,
in its sole discretion, at any time during the Term, to terminate this Agreement for convenience
and without cause upon not less than ninety (90) days’ prior notice to the District. In the event of
such termination, the Town shall continue to provide all Services in accordance with the terms of
this Agreement through the effective date of termination. The Town shall reasonably cooperate
with the District to facilitate an orderly transition of the Services, including providing such
information, documentation, and access to personnel as may be reasonably necessary to enable the
District or its designee to assume operation of the Plant without material disruption. Termination
pursuant to this Section shall not relieve either party of any obligations accrued prior to the
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effective date of termination, including payment obligations, nor of any obligations that by their
nature are intended to survive termination.
SECTION 10.6 SURVIVAL OF CERTAIN PROVISIONS UPON TERMINATION. All
representations and warranties of the parties hereto contained in Article II and the rights and
obligations of the parties hereto pursuant to Sections 1.2(H), 8.3(D), 10.2, 10.3, 10.4, 10.9, 10.10,
12.1, 12.4 and 12.5 hereof shall survive the termination of this Agreement. No termination of this
Agreement shall (1) limit or otherwise affect the respective rights and obligations of the parties
hereto accrued prior to the date of such termination; or (2) preclude either party from impleading
the other party in any Legal Proceeding originated by a third-party as to any matter occurring
during the Term of this Agreement.
SECTION 10.7 NO WAIVERS. No action of the District or Town pursuant to this
Agreement (including, but not limited to, any investigation or payment), and no failure to act, shall
constitute a waiver by either party of the other party’s compliance with any term or provision of
this Agreement. No course of dealing or delay by the District or Town in exercising any right,
power or remedy under this Agreement shall operate as a waiver thereof or otherwise prejudice
such party’s rights, powers and remedies. No single or partial exercise of (or failure to exercise)
any right, power or remedy of the District or the Town under this Agreement shall preclude any
other or further exercise thereof or the exercise of any other right, power or remedy.
SECTION 10.8 NO CONSEQUENTIAL OR PUNITIVE DAMAGES. In no event shall
either party hereto be liable to the other or obligated in any manner to pay to the other any special,
incidental, consequential, punitive or similar damages based upon claims arising out of or in
connection with the performance or non-performance of its obligations or otherwise under this
Agreement, or the material falseness or inaccuracy of any representation made in this Agreement,
whether such claims are based upon contract, tort, negligence, warranty or other legal theory.
SECTION 10.9 FORUM FOR DISPUTE RESOLUTION. It is the express intention of the
parties that all Legal Proceedings related to this Agreement or to the Plant or to any rights or any
relationship between the parties arising therefrom shall be solely and exclusively filled, tried and
remain in the Norfolk County, Superior Court of the Commonwealth. The Town and the District
each irrevocably consents to the jurisdiction of such court in any such Legal Proceeding, waives
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any objection it may have to the laying of the jurisdiction of any such Legal Proceeding, and waives
its right to a trial by jury.
SECTION 10.10 NON-BINDING MEDIATION.
(A) Rights to Request and Decline.

Either party may request Non-Binding

Mediation of any dispute arising under this Agreement whether technical or otherwise. The nonrequesting party may decline the request in its sole discretion. If there is concurrence that any
particular matter shall be mediated, the provisions of this Section shall apply. The costs of such
Non-Binding Mediation shall be divided equally between the District and the Town.
(B) Procedure. The Mediator shall be a professional engineer, attorney or other
professional mutually acceptable to the parties who has no current or on-going relationship with
either party. The Mediator shall have full discretion as to the conduct of the mediation. Each party
shall participate in the Mediator’s program to resolve the dispute until and unless the parties reach
agreement with respect to the disputed matter or one party determines in its sole discretion that its
interests are not being served by the mediation.
(C) Non-Binding Effect. Mediation is intended to assist the parties in resolving
disputes over the correct interpretation of this Agreement. No Mediator shall be empowered to
render a binding decision.
(D) Relation to Judicial Legal Proceedings. Nothing in this Section shall operate
to limit, interfere with or delay the right of either party under this Article to commence judicial
Legal Proceedings upon a breach of this Agreement by the other party, whether in lieu of,
concurrently with, or at the conclusion of any Non-Binding Mediation.
ARTICLE XI.
TERM
SECTION 11.1 EFFECTIVE DATE AND TERM. This Agreement shall become effective
on the Commencement Date and shall continue in effect for five (5) years, unless earlier terminated
pursuant to the termination provisions under Article X in which event the Term shall be deemed
to have ended as of the date of such termination (the “Term”). All rights, obligations and liabilities
of the parties hereto shall commence on the Commencement Date. Upon the Commencement Date,
the Town will commence the Services, as set forth in this Agreement. This Agreement may be
renewed by the District, upon mutual consent of both parties, for up to two (2) additional terms of
51

Page 63 of 112

five years each. Renewal shall be upon the same terms and conditions contained in this Agreement
for its original Term unless, six months prior to expiration of the Term or any renewal term, either
party notifies the other of its intent to request modification of any term as a condition to exercising
the renewal option.

In such event, the parties shall meet to negotiate in good faith over

modifications to the Agreement necessary for the renewal term. Nothing in this section shall be
deemed to require either party to agree upon modified terms, and in the event the parties do not
reach such agreement this Agreement shall expire at the end of its Term.
ARTICLE XII.
INSURANCE, UNCONTROLLABLE CIRCUMSTANCES
AND INDEMNIFICATION
SECTION 12.1 INSURANCE.
(A) Town Insurance. At all times during the Term, the Town shall obtain and
maintain the Required Insurance in accordance with Appendix 2 hereto and shall pay all premiums
with respect thereto as the same become due and payable. The cost for all Required Insurance shall
be a operating expenses of the District. Any additional insurance expenses incurred by the Town
that are due to the existence of this Agreement shall be treated as operating expenses of the District.
(B) Insurers, Deductibles and District Rights. The Town of Braintree shall procure
on behalf of the District insurance coverage the District shall need to operate the Plant. All
insurance required by this Section shall be obtained and maintained from financially sound and
generally recognized responsible insurance companies meeting the qualifications set forth in
Appendix 2 hereto. The District shall be responsible for any deductible amounts included in the
Required Insurance. The District shall also be responsible for all self-insured retentions contained
in its insurance coverages, as well as any excluded losses if such losses are within the liability of
the Town or the District hereunder. All policies evidencing such insurance shall provide for: (1)
payment of the losses to the District, and to the Town as their respective interests may appear; and
(2) at least thirty (30) days prior written notice of the cancellation thereof to the Town and the
District. All policies of insurance required by this Section shall be primary insurance without any
right of contribution from other insurance carried by the District. The District shall have the right
to fully participate in all insurance claim settlement negotiations and to approve all final insurance
settlements, which approval shall not be unreasonably withheld.
52

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(C) Certificates, Policies and Notice. The Town must maintain certificates of
insurance and make them available to the District. Whenever a Subcontractor is utilized, the Town
shall either obtain and maintain or require the Subcontractor to obtain and maintain insurance in
accordance with the applicable requirements of Appendix 2 hereto. All costs associated with
Required Insurance, including but not limited to premiums and deductibles, are to be operating
expenses of the District and apportioned among the Member Towns according to the
apportionment of costs provisions in the JPA.
(D) Maintenance of Insurance Coverage. If the Town fails to pay any premium for
Required Insurance, or if any insurer cancels any Required Insurance policy and the Town fails to
obtain replacement coverage so that the Required Insurance is maintained on a continuous basis,
then, at the District’s election (but without any obligation to do so), the District, following a fifteen
(15) day written notice and seven-day cure period, which cure period shall begin on the date Town
receives the notice may pay such premium or procure similar insurance coverage from another
company or companies. The Town shall not perform Services during any period when any policy
of Required Insurance is not in effect. The Town shall comply with all applicable Required
Insurance and take all steps necessary to assure the Plant remains continuously insured in
accordance with the requirements of this Agreement during the Term hereof. The failure of the
Town to obtain and maintain any Required Insurance shall not relieve the Town of its liability for
any losses intended to be insured thereby.
(E) Operating Expenses of the District. The cost of Required Insurance, including
premiums and deductibles, shall be operating expenses of the District and allocated to the Member
Towns consistent with the provisions of the JPA regarding apportionment of costs between the
Member Towns.
SECTION 12.2 TOWN PERFORMANCE BOND.
(A) Provision of a Performance Bond. On or before the Commencement Date and
throughout the Term of this Agreement, the Town shall furnish the District, with the District as
beneficiary, a bond for the faithful performance of this Agreement, effective for the full term of
the performance of this Agreement, and renewable each year of this Agreement each in an amount
equal to fifty percent (50%) of the Service Fee for the first year.
(B) Cost and Expenses for Performance Bond. The costs and expenses of meeting
and maintaining this Performance Bond requirement shall be operating expenses of the District,
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the cost of which shall be apportioned to the Member Towns according to the apportionment
provisions of the JPA.
(C) Performance Bond Requirements. The Performance Bond shall be issued by a
surety contractor: (1) having a rating of “A” in the latest revision of the A.M. Best Contractor’s
Insurance Report; (2) listed in the United States Treasury Department's Circular 570, “Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable
Reinsurance Companies”; and, (3) properly registered and licensed to conduct business in the
Commonwealth. The Performance Bond shall be renewable prior to the start of each succeeding
Contract Year of this Agreement.
SECTION 12.3 DISTRICT SECURITY. On or before the Commencement Date, and
through the Term, the District shall provide and maintain a performance and payment bond in
favor of the Town in an amount equal to 100% of the annual Service Fee for the first year (the
“District Security”). The District Security shall secure the District’s timely payment of all amounts
due to the Town and faithful performance of the District’s payment obligations under this
Agreement. The District Security shall be substantially in the form set forth in Appendix 4, and
shall be issued by a surety company: (1) approved by the Town having a rating of “A” in the latest
revision of the A.M. Best Company’s Insurance Report; (2) be listed in the United States Treasury
Department’s Circular 570, “Companies Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsurance Companies;” and (3) holding a certificate of
authority to transact surety business in the Commonwealth.
SECTION 12.4 UNCONTROLLABLE CIRCUMSTANCES.
(A) Relief from Obligations. Except as expressly provided under the terms of this
Agreement, neither party to this Agreement shall be liable to the other for any loss, damage, delay,
default or failure to perform any obligation to the extent it results from an Uncontrollable
Circumstance. The parties agree that the relief for an Uncontrollable Circumstance described in
this Section shall apply to all obligations in this Agreement, except to the extent specifically
provided otherwise, notwithstanding that such relief is specifically mentioned with respect to
certain obligations in this Agreement but not other obligations. The occurrence of an
Uncontrollable Circumstance shall not excuse or delay the performance of a party’s obligation to
54

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pay monies previously accrued and owing under this Agreement, or to perform any obligation
hereunder not affected by the occurrence of the Uncontrollable Circumstances. The District shall
pay the Service Fee during the continuance of any Uncontrollable Circumstance, adjusted to
account for any cost reductions achieved through Town mitigation measures required by
subsection (B) of this Section, as well as for any cost increases to which the Town is entitled under
subsection (C) of this Section.
(B) Notice and Mitigation.

The party that asserts the occurrence of an

Uncontrollable Circumstance shall notify the other party by telephone and in accordance with
Section 13.11 hereof, on or promptly after the date the party experiencing such Uncontrollable
Circumstance first knew of the occurrence thereof, followed within fifteen (15) days by a
written description of: (1) the Uncontrollable Circumstance and the cause thereof (to the extent
known); and (2) the date the Uncontrollable Circumstance began, its estimated duration, the
estimated time during which the performance of such party’s obligations hereunder shall be
delayed, or otherwise affected. As soon as practicable after the occurrence of an Uncontrollable
Circumstance, the affected party shall also provide the other party with an description of: (1) the
amount, if any, by which the Service Fee is proposed to be adjusted as a result of such
Uncontrollable Circumstance; (2) any areas where costs might be reduced and the approximate
amount of such cost reductions; and (3) its estimated impact on the other obligations of such party
under this Agreement. The affected party shall also provide prompt written notice of the cessation
of such Uncontrollable Circumstance. Whenever such act, event or condition shall occur, the party
claiming to be adversely affected thereby shall, as promptly as practicable, use all reasonable
efforts to eliminate the cause therefor, reduce costs and resume performance under this Agreement.
While the Uncontrollable Circumstance continues, the affected party shall give notice to the other
party, before the first day of each succeeding month, updating the information previously
submitted. The party claiming to be adversely affected by an Uncontrollable Circumstance shall
bear the burden of proof, and shall furnish promptly any additional documents or other information
relating to the Uncontrollable Circumstance reasonably requested by the other party.
(C) Conditions to Performance, Service Fee and Schedule Relief. If and to the
extent that Uncontrollable Circumstances interfere with or increase the cost of the Town’s
performance of the Services, the Town shall be entitled to a reasonable and appropriate increase
in the Service Fee which properly reflects the interference with performance and the amount of the
55

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increased cost and the Town shall perform all other Services. The proceeds of any Required
Insurance available to meet any such increased cost shall be applied to such purpose prior to any
determination of cost increase payable by the District under this Section. Any cost reduction
achieved through the mitigating measures undertaken by the Town pursuant to subsection (B) of
this Section upon the occurrence of an Uncontrollable Circumstance shall be reflected in a
reduction of the amount by which the Service Fee would have otherwise been increased or shall
serve to reduce the Service Fee to reflect such mitigation measures, as applicable. In the event
that the Town believes it is entitled to any Service Fee or schedule relief with respect to a Capital
Modification on account of any Uncontrollable Circumstance, it shall furnish the District written
notice of the specific relief requested and detailing the event giving rise to the claim within thirty
(30) days after the giving of notice delivered pursuant to subsection (B) of this Section, or if the
specific relief cannot reasonably be ascertained and such event detailed, within such thirty (30)day period, then within such longer with which it is reasonably possible to detail the event and
ascertain such relief. Within thirty (30) days after receipt of such a timely submission from the
Town the District shall issue a written determination as to the extent, if any, it concurs with the
Town claim for performance, price or schedule relief, and the reasons therefore.
SECTION 12.5 MUTUAL INDEMNIFICATION. The Town and the District (each, an
“Indemnifying Party”) shall indemnify, defend, and hold harmless the other Party, its officials,
appointed officers, servants, employees, representatives, engineers, agents, and contractors
(collectively, the “Indemnitees”) from and against (and pay the full amount of) any and all Lossand-Expense incurred by an Indemnitee arising from or in connection with the negligent acts,
errors, or omissions, or willful misconduct of the Indemnifying Party or any of its officers,
directors, employees, agents, representatives, or contractors in connection with this Agreement;
any and all claims, demands, and causes of action arising from exposure to non-complying Treated
Water to the extent caused by the Indemnifying Party; and to the extent otherwise provided
elsewhere in this Agreement.) An Indemnifying Party shall not be required to reimburse or
indemnify any Indemnitee for any Loss-and-Expense to the extent caused by the negligence or
willful misconduct of such Indemnitee or to the extent attributable to any Uncontrollable
Circumstance. The indemnity obligations of each Indemnifying Party shall not be limited by any
coverage exclusions or other provisions in any insurance policy maintained by such Party which
56

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is intended to respond to such events. An Indemnitee shall promptly notify the Indemnifying Party
of the assertion of any claim for which indemnification is sought. The Indemnifying Party shall
have the right to assume the defense of such claim in any Legal Proceeding and to approve any
settlement, provided that no settlement shall impose any non-monetary obligations on an
Indemnitee without its prior written consent. These indemnification provisions are for the
protection of the Indemnitees only and shall not establish, of themselves, any liability to third
parties. The provisions of this Section shall survive termination or expiration of this Agreement.
SECTION 12.6 LOSS, DAMAGE OR DESTRUCTION TO THE PLANT.
(A) Prevention and Repair. The Town shall use care and diligence, and shall take
all appropriate precautions, to protect the Plant from loss, damage or destruction. The Town shall
report to the District and the insurers, upon obtaining knowledge thereof, any damage or
destruction to the Plant and as soon as practicable thereafter shall submit a full report to the District.
The Town shall also promptly submit to the District copies of all accident and other reports filed
with, or given to the Town by, any insurance company, adjuster or Governmental Body. The
parties shall cooperate so as to promptly commence and proceed with due diligence to complete
the repair, replacement and restoration of the Plant to at least the character or condition thereof
existing immediately prior to the loss, damage or destruction.
(B) Insurance and Other Third-Party Payments. To the extent that any repair,
replacement or restoration costs incurred pursuant to this Section can be recovered from any
insurer or from another third-party, each party shall assist each other in exercising such rights as
it may have to effect such recovery. Each party shall provide each other with copies of all relevant
documentation, and shall cooperate with and assist the other party upon request by participating in
conferences, negotiations and litigation regarding insurance claims.
(C) Uninsured Costs. The District shall provide all funds necessary to pay the costs
of repairing, replacing and restoring the Plant in accordance with this Section and all insurance
proceeds and recoveries from third parties resulting from damage to or the loss or destruction of
the Plant shall be for the account of the District; provided, however, that such costs not covered
by insurance proceeds or third-party payments shall be borne by the District.

Page 69 of 112

ARTICLE XIII.
MISCELLANEOUS PROVISIONS
SECTION 13.1 RELATIONSHIP OF THE PARTIES. Neither party shall have any
responsibility with respect to the services to be provided or contractual benefits assumed by the
other party. Nothing in this Agreement shall be deemed to constitute either party a partner, agent
or legal representative of the other party. No liability or benefits, such as workers compensation,
pension rights or liabilities, or other provisions or liabilities arising out of or related to a contract
for hire or employer/employee relationship, shall arise or accrue to any party’s agent or employee
as a result of this Agreement or the performance thereof.
SECTION 13.2 CONTRACTING AND PROCUREMENT.
(A)

The Town agrees to:

1. Procure all goods and services required in relation to the Services

required under this

Agreement;
2. Issue purchase orders and enter into agreements with vendors, in accordance with Town
procedures, standard contract provisions, templates, etc.;
3. Maintain all contract records as required by Applicable Law;
4. Name the District as a beneficiary of a contract where it is necessary or advantageous to do
so;
5. Secure certificates of insurance and include the District as additionally named entity where
necessary and applicable; and
6. Enter into or utilize county, State or national purchasing agreements or consortiums were
possible, including multi-year agreements, in cases where the most advantageous pricing or
terms can be maintained.
(B) The District shall hold the Town harmless from the costs of contractors or
subcontractors failing to perform their responsibilities for Services related to this Agreement,
except for in the case of negligence by the Town, and any costs of such failures shall be deemed
to be operating expenses of the District.
(C) The Town is entitled to recover costs it centrally incurs in performing these
duties and all such costs shall be deemed to be operating expenses of the District.
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SECTION 13.3 COST SUBSTANTIATION.
(A) Substantiating Non-Fixed Costs. The Service Fee is fixed by the terms of this
Agreement and is not subject to Cost Substantiation as provided in subsection (B) of this Section
except to the extent otherwise specifically set forth in this Agreement. Any other cost proposed
or incurred by the Town which is directly or indirectly chargeable to the District in whole or in
part hereunder shall be the fair market price for the good or service provided, or, if there is no
market, (including costs related to emergency actions, cost-plus work Capital Modifications, and
other additional work necessitated or additional costs to be borne on account of Uncontrollable
Circumstances, District Fault or District direction) shall be a commercially reasonable price. The
Town shall provide Cost Substantiation for all such other costs invoiced to the District hereunder.
(B) Cost Substantiation Certificate.

Any certificate delivered hereunder to

substantiate cost shall be signed by a the Plant Manager, shall state the amount of such cost and
the provisions of this Agreement under which such cost is properly chargeable to the District, shall
describe the competitive or other process utilized by the Town to obtain a fair market price, and
shall state that such cost is a fair market price for the service or materials to be supplied (or, if
there is no market, that such cost is commercially reasonable) and that such services and materials
are reasonably required pursuant to this Agreement. The certificate shall be accompanied by copies
of such documentation as shall be necessary to reasonably demonstrate that the cost as to which
Cost Substantiation is required has been paid or incurred. Such documentation shall be in a format
reasonably acceptable to the District and shall include reasonably detailed information concerning:
(1) all subcontracts; (2) the amount and character of materials and services furnished, the persons
from whom purchased, the amounts payable therefore and related delivery and transportation costs
and any sales or personal property Taxes; (3) a statement of the equipment used and any rental
payable therefore; (4) Town and Subcontractor employee hours, duties, wages, salaries, benefits
and assessments; and (5) Town and Subcontractor profit, administration costs, bonds, insurance,
taxes, premiums overhead, and other expenses. The Town’s entitlement to reimbursement of Cost
Substantiated costs of the Town shall be subject to the limitations set forth in this Section.
(C) Technical Services. For costs proposed or incurred by the Town that are subject
to Cost Substantiation, Town personnel and personnel of Subcontractors providing technical
services shall be billed at their then currently applicable rates for similar services on projects of

Page 71 of 112

similar size and scope to the Services. The Town shall use commercially reasonable efforts to use
available Town personnel for additional work hereunder before using Subcontractors.
(D) Evidence of Costs Incurred. To the extent reasonably necessary to confirm
direct costs required to be Cost Substantiated, copies of timesheets, invoices, canceled checks,
expense reports, receipts and other documents, as appropriate, shall be delivered to the District
with the request for reimbursement of such costs.
SECTION 13.4 SUBCONTRACTORS. The Town shall operate, maintain, and manage
the Plant with its own employees or with subcontractors or subcontracted labor provided all such
Subcontractors shall meet all of the licensing requirements applicable to the work to be performed
by such Subcontractor.
SECTION 13.5 ACTIONS OF THE DISTRICT AND TOWN IN THEIR
GOVERNMENTAL CAPACITY. Nothing in this Agreement shall be interpreted as limiting the
rights and obligations of the District or the Town under Applicable Law in their governmental or
regulatory capacity (including police power actions to protect health, safety and welfare or to
protect the environment), or as limiting the right of the Town or the District to bring any action
against the other, not based on this Agreement, arising out of any act or omission of the Town or
District in their governmental or regulatory capacity.
SECTION 13.6 ASSIGNMENT. The District shall not assign, transfer, or otherwise
dispose of any of its rights or obligations under this Agreement, whether voluntarily, or otherwise,
without the prior written consent of the Town, which consent may be granted or withheld in the
other Town’s sole discretion. Any attempted assignment in violation of this Section shall be null
and void.
SECTION 13.7 COMPLIANCE WITH MATERIAL AGREEMENTS. The Town shall
comply with its obligations under agreements of the Town which are material to the performance
of its obligations under this Agreement. The District shall comply with its obligations under
agreements of the District which are material to the performance of its obligations hereunder.

Page 72 of 112

SECTION 13.8 BINDING EFFECT. This Agreement shall inure to the benefit of and shall
be binding upon the District and the Town and any permitted assignee acquiring an interest
hereunder consistent with Section 13.6 hereof.
SECTION 13.9 AMENDMENT AND WAIVER. Except for administrative matters as
addressed in Article VIII, this Agreement may not be amended except by a written agreement
signed by the parties to this. Agreement. Any of the terms, covenants, and conditions of this
Agreement may be waived at any time by the party entitled to the benefit of such term, covenant
or condition if such waiver is in writing and executed by the party against whom such waiver is
asserted.
SECTION 13.10 NON-DISCRIMINATION.

The Town, its Subcontractor and its

suppliers in performing under this Agreement shall not discriminate against any worker, employee
or applicant, or any member of the public, because of race, color, religion, gender, national origin,
age or disability nor otherwise commit an unfair employment practice.
`
SECTION 13.11 NOTICES.
(A) Procedure. All notices, requests, approvals and other communications required
or permitted under this Agreement shall be in writing and shall be deemed to have been duly given:
(1) when delivered personally; (2) when sent by a nationally-recognized overnight courier service;
(3) when mailed by certified or registered mail, return, receipt requested, postage prepaid; or (4)
when sent by email, provided that a copy of the email is also sent by one of the methods listed
above (except that email shall be sufficient if the recipient confirms receipt in writing, including
by return email). Notice sent by email shall be deemed to have been given on the date sent if sent
during normal business hours of the recipient, or on the next business day if sent after normal
business hours.
(B) Party Notice Addresses. For purposes of this Agreement, notices shall be sent
to the parties at their respective addresses set forth below, or to such other address as may be
designated by a party in writing to the other party in accordance with this section:
Notices required to be given to the Town shall be addressed as follows:

Page 73 of 112

Town of Braintree
[

]

Add a copy to the City Solicitor
Notices required to be given to the District shall be addressed as follows:
The Tri-Town Water District
[

]

SECTION 13.12 NOTICE OF LITIGATION. In the event the Town or District receives
notice of or undertakes the defense or the prosecution of any Legal Proceedings, claims, or
investigations in connection with the Plant, the party receiving such notice or undertaking such
prosecution shall give the other party timely notice of such proceedings and shall inform the other
party in advance of all hearings regarding such proceedings.
SECTION 13.13 FURTHER ASSURANCES. The District and Town each agree to
execute and deliver such further instruments and to perform any acts that may be necessary or
reasonably requested in order to give full effect to this Agreement. The District and the Town, in
order to carry out this Agreement, each shall use all commercially reasonable efforts to provide
such information, execute such further instruments and documents and take such actions as may
be reasonably requested by the other and not inconsistent with the provisions of this Agreement
and not involving the assumption of obligations or liabilities different from or in excess of or in
addition to those expressly provided for herein.

[SIGNATURE PAGE FOLLOWS]

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IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their
duly authorized representatives as of the day and year first above written.

Page 75 of 112

• 027 26 Councilor Flaherty: Discussion – Trash & Recycling Drop Off Center, Ivory Street or
take up any action relative thereto
The latest update on this item is that the mayor plans to keep the Tras Trash & Recycling
Drop Off Center, Ivory Street open two days a week beginning in January 2027 though
which days those will be have not been determined yet.

Page 76 of 112

035 26

Refer to the Committee on the Department of Public Works
• 035 26 Councilor Quilty: DPW Meeting to Discuss the Hawthorne Rd / Old Elm Street Drainage
Easement Disrepair or take up any action relative thereto
ATTN; Peter Morin, Town Council President
RE: DPW Meeting to Discuss the Hawthorne Rd / Old Elm Street Drainage Easement Disrepair
Dear Mr. Morin:
I would like to have a DPW Committee meeting to discuss the above referenced issue.
Would you please ask the DPW director, the Town engineer and the Stormwater manager to provide
information regarding the historical maintenance records, capacity and changes in the intake capacity of
the easement? Also I am interested in any other pertinent information.
Would you refer this issue to the DPW Committee at the October 6, 2026 Town Councilor meeting?
Also please invite G. Clemens and the engineer to provide incite.
Thank you,
Annmary Quilty
Chair, DPW Committee
Town Councilor, District 4

Page 77 of 112

Town of Braintree
FY2026 Q4 Update
September 24, 2026

Page 78 of 112

Summary
• Through Q4, General Fund revenues are favorable to
benchmark of in line with year-to-date (YTD)
benchmark.
• Accounting for transfers of Free Cash and other funds to
support current year expenses, total FY26 revenues are
excess with actual spending.
• Net taxes were $290,000 less than budgeted.
• Net local aid (after charges and assessments) exceeded
budget by $245,000.
• Local receipts were $170,000 less than budgeted.
• Other Financing/Transfers exceeded the budget by $1.7
million, corresponding to transfers from Free Cash/other
non-budgetary sources to support current year costs
(snow & ice, collective bargaining).

• Q4 expenses were favorable to budget in the
General Fund (Fund 0001) by $1.15M.

• Result reflects supplemental spending and carry-over
funding into FY2027.

• Fund 0003 (School Department) revenues are in line
with expenses, including additional funding
provided for collective bargaining.

Revenue Category
Tax Levy
Real Estate
Personal Property

FY2026
Adopted

FY2026
Actuals

$ 123,916,077
$ 3,486,184
$ 127,402,260
$ (1,281,250)
$ 126,121,010

$ 123,806,848
$ 3,472,630
$ 127,279,478
$ (1,439,601)
$ 125,839,877

Bdgt v Act
$
$
$
$
$

(109,229)
(13,554)
(122,782)
(158,351)
(281,134)

Net Local Aid (excl. Library Aid) $ 23,530,221 $ 23,776,218 $

245,997

Total Local Receipts

$ 24,384,101 $ 24,213,822 $

(170,279)

Other Financing

3,364,506 $

1,713,735

Total Revenues

$ 175,686,103 $ 177,194,422 $

1,508,319

Expense Category
General Government
Schools
Benefits & Insurance
Debt Service

FY2026
FY2026
Adopted
Actuals
$ 56,423,533 $ 54,713,324 $
$ 82,316,651 $ 82,950,651 $
$ 25,451,642 $ 25,445,082 $
$ 11,472,220 $ 11,403,120 $

Bdgt v Act
(1,710,209)
634,000
(6,559)
(69,100)

Sub-total
Allowance for Abatements
Net Tax Levy

1,650,771 $

Total Expenses*
$ 175,664,045 $ 174,512,177 $
*Including Encumbrances Carried Over to FY2027

(1,151,868)

Surplus (Shortfall)

2,660,188

22,058 $

2,682,245 $

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**
2

Page 79 of 112

Revenue Category
Tax Levy
Real Estate
Personal Property

QE 09/30/25

QE 12/31/25

QE 03/31/26

QE 06/30/26

Total

29,675,195 $
863,960
30,539,155 $
30,539,155 $

31,043,787 $
879,132
31,922,919 $
31,922,919 $

31,043,787 $ 123,927,077
879,132
3,486,184
31,922,919 $ 127,413,260
(1,281,250)
(1,281,250)
30,641,669 $ 126,132,010

Overlay
Net Tax Levy

32,164,307 $
863,960
33,028,267 $
33,028,267 $

Local Aid (excl. Library Aid)

7,246,322 $

7,421,580 $

7,439,931 $

7,358,717 $

29,466,551

Local Receipts
Motor Vehicle Excise
$
Room Occupancy Tax (Local)
Meals Tax (Local)
PILOT
Trash/Solid Waste Fees
Fees
Licenses and Permits
Investment Income
Other Local Receipts
Total Local Receipts
$

412,902 $
612,560
325,669
335,640
544,080
100,012
475,631
538,450
396,372
3,741,316 $

406,323 $
573,040
397,990
1,102,884
678,970
112,066
1,069,588
492,256
470,909
5,304,025 $

4,535,093 $
395,200
386,780
205,892
673,078
949,530
403,850
454,888
702,330
8,706,641 $

2,183,841 $
395,200
364,561
1,096,584
623,972
165,540
690,958
488,405
623,056
6,632,119 $

7,538,160
1,976,000
1,475,000
2,741,000
2,520,100
1,327,149
2,640,026
1,974,000
2,192,666
24,384,101

Other Financing

1,650,771 $

1,650,771

Total Revenues

45,666,677 $

43,264,761 $

Sub-total $

48,069,491 $

FY26 General Fund Revenue
Benchmarking the
Budget
→ Revenue Budget set
with Monthly and
Quarterly amounts,
based on payroll
schedule, historical
spending patterns
and monthly cash
spending
assumptions.

44,632,505 $ 181,633,433

*Please Note: original FY26 benchmarks will not be adjusted; however,
timing and other unanticipated factors may cause quarterly differences that may be offset later in the year.*
3

Page 80 of 112

FY26 General Fund Revenue
Q4 Results
Highlights
→ Overall, Q4YTD revenues total $183.3M (before state
offsets), compared to $181.6M originally budgeted.
→ Key Budget v Actual variances of note:
→ Real Estate collections as of June 30 lagged
prior 5-year average, driven by increased $ of
collections carrying into FY27 and increased
abatements/adjusted bills.
→ PILOT variance largely offset by increase in
rental revenues (Other Local Receipts)
→ Meals / Hotels – revenue transfers from state
lagged behind projections all fiscal year.
→ License / Permits – Large payments assumed
towards end of FY2026 not yet actualized.

Revenue Category
Tax Levy
Real Estate
Personal Property

Budget Q4
$

Actual Q4

Bdgt v Act
(120,229)
(13,554)
(133,782)
(158,351)
(292,134)

Sub-total
Overlay
Net Tax Levy

$
$
$
$
$

123,927,077
3,486,184
127,413,260
(1,281,250)
126,132,010

$
$
$

123,806,848 $
3,472,630
127,279,478 $
(1,439,601)
125,839,877 $

Local Aid (excl. Library Aid)

29,466,551 $

29,908,600 $

442,049

Local Receipts
Motor Vehicle Excise
$
Room Occupancy Tax (Local)
Meals Tax (Local)
PILOT
Trash/Solid Waste Fees
Fees
Licenses and Permits
Investment Income
Other Local Receipts
Total Local Receipts
$

7,538,160 $
1,976,000
1,475,000
2,741,000
2,520,100
1,327,149
2,640,026
1,974,000
2,192,666
24,384,101 $

7,592,934 $
1,868,416
1,356,205
2,561,119
2,535,830
1,500,725
2,183,846
1,898,940
2,715,807
24,213,822 $

54,774
(107,584)
(118,795)
(179,881)
15,730
173,577
(456,180)
(75,060)
523,140
(170,279)

Other Financing

1,650,771 $

3,364,506 $ 1,713,735

Total Revenues

181,633,433 $

183,326,804 $ 1,693,371

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year
closing and audit activities.**
4

Page 81 of 112

FY26 General Fund Expenses
Fund 0001 Quarterly Spending Benchmarks by Quarter
Category
QE 09/30/25 QE 12/31/25 QE 03/31/26 QE 06/30/26
Total
Benefits & Insurance $ 23,629,142 $ 607,500 $ 607,500 $ 607,500 $ 25,451,642
Debt Service
$
494,501 $ 3,725,128 $ 1,533,050 $ 5,719,541 $ 11,472,220
General Government $ 13,300,335 $ 12,993,793 $ 15,459,972 $ 14,669,434 $ 56,423,533
Schools
$ 80,966,651 $ 1,350,000 $
$
$ 82,316,651
Total

$ 118,390,629 $18,676,421 $17,600,522 $20,996,475 $ 175,664,045

Fund 0003 Quarterly Spending Benchmark by Quarter
Category
QE 09/30/25 QE 12/31/25 QE 03/31/26 QE 06/30/26
Schools Operations

Total

9,146,309 $ 19,614,422 $ 21,928,424 $ 30,750,023 $ 81,439,178

Total (1)
$
9,146,309 $19,614,422 $21,928,424 $30,750,023 $ 81,439,178
(1) Current budget project excludes CB xsfer ($1.35M); includes $472K xsfer from FY25 reserve.

Finance department
monthly and quarterly
benchmarks are not
inclusive of all funds
(e.g,, grants, revolving
funds) used by the
School District to
support its operations.
Consequently,
variances can often
result from the timing
in which such other
funds are used.

*Please Note: original FY25 benchmarks will not be adjusted; however, timing and other unanticipated
factors may cause quarterly differences that may be offset later in the year.*
5

Page 82 of 112

FY26 General Fund Expenses
Q4 Results
*See attached report for line-item detail.*
Fund 0001 Q4 Budget YTD Vs Actuals
Category
Q4 Budget
Benefits & Insurance
$ 25,451,642 $
Debt Service
$ 11,472,220 $
General Government
$ 56,423,533 $
Schools
$ 82,316,651 $

Q4 Actuals*
25,445,082 $
11,403,120 $
54,713,324 $
82,950,651 $

Variance
6,559
69,100
1,710,209
(634,000)

Total
$ 175,664,045 $ 174,512,177 $
1,151,868
*Actuals reflected any supplemental funding and encumbrances "carried forward" to
FY2027.

Fund 0003 Q4 Budget Vs Actuals
Category
Schools Operations

Q4 Budget

Q4 Actuals*

Variance

$ 81,439,178 $

83,388,694 $

(1,949,516)

Highlights
→ Compared to the original FY26 budge, total spending
was $1.15M lower, including supplemental funding
and encumbrances “carried forward” to FY2027. Key
highlights include:
→ Lower payroll spending due to vacancy savings.
→ Snow & Ice spending exceeded budget of $1.1
million, offset by lower programmatic spending
in other GG areas.
→ School spending variance driven by collective
bargaining spending, including $634,000 in
supplemental expenses.

Total
$ 81,439,178 $ 83,388,694 $
(1,949,516)
*Actuals reflected any supplemental funding and encumbrances "carried forward" to
FY2027.

**Please Note: All YTD Actual figures are unaudited and subject to
change, pending year closing and audit activities.**
6

Page 83 of 112

FY25 Water & Sewer Fund
Fund 7000 FY26 Quarterly Benchmarks
Program
QE 09/30/25
43602-SWR - BUILDING MAINT
$
12,710
43603-SWR - EQUIPMENT MAINT
$
11,447
43604-SWR - PUMP STATIONS
$
18,535
43605-SWR - SYSTEM REHAB
$
142,939
43607-SWR - MWRA
$
3,206,400
43650-SWR - DEBT PRINCIPAL
$
9,135
43651-SWR - DEBT INTEREST
$
52
43801-WTR - ADMINISTRATION
$
2,925,416
43802-WTR - BUILDING MAINT
$
16,750
43803-WTR - EQUIPMENT MAINT
$
25,126
43804-WTR - SYSTEM REHAB
$
270,651
43805-WTR - TREATMENT DIVISION $
304,412
43806-WTR - METER DIVISION
$
155,019
43807-WTR - TRI-TOWN
$
38,568
43808-WTR - CROSS CONNECTIONS $
8,750
43850-WTR - DEBT PRINCIPAL
$
149,473
43851-WTR - DEBT INTEREST
$
46,035
Grand Total
$
7,341,418

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

QE 12/31/25
19,790
13,829
16,035
142,939
2,137,600
4,492
450
337,912
25,350
33,573
293,391
304,412
155,019
32,875
8,750
73,500
395,592
3,995,510

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

QE 03/31/26
27,330
15,781
16,035
158,795
3,206,400
27,507
50
365,321
47,150
40,494
320,991
326,066
162,079
32,875
8,750
450,068
43,641
5,249,333

$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$

QE 06/30/26
Total
22,170 $
82,000
13,992
55,050
16,035
66,640
158,795
603,467
2,137,600
10,688,000
127,795
168,929
448
1,000
490,321
4,118,972
34,950
124,200
34,151
133,345
313,451
1,198,483
326,066
1,260,954
162,079
634,197
987,575
1,091,893
8,750
35,000
2,091,000
2,764,041
393,755
879,023
7,318,933 $ 23,905,194

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**
7

Page 84 of 112

FY25 Water & Sewer Fund
Q4 Results
Program
43602-SWR - BUILDING MAINT
43603-SWR - EQUIPMENT MAINT
43604-SWR - PUMP STATIONS
43605-SWR - SYSTEM REHAB
43607-SWR - MWRA
43650-SWR - DEBT PRINCIPAL
43651-SWR - DEBT INTEREST
43801-WTR - ADMINISTRATION
43802-WTR - BUILDING MAINT
43803-WTR - EQUIPMENT MAINT
43804-WTR - SYSTEM REHAB
43805-WTR - TREATMENT DIVISION
43806-WTR - METER DIVISION
43807-WTR - TRI-TOWN
43808-WTR - CROSS CONNECTIONS
43850-WTR - DEBT PRINCIPAL
43851-WTR - DEBT INTEREST
43701-TRI TOWN - MANAGEMENT
43702-TRI-TOWN - TREATMENT ADMIN.
43703-TRI TOWN - TREATMENT FACILITY
43704-TRI TOWN - TREATMENT OPERATION
43705-TRI TOWN RESERVOIR OPERATIONS
43706-TRI-TOWN - PLANT OVERHEAD
Grand Total

FY2026
YTD Actual Budget vs.
Budget
(12 mos.)
Actual
(12 mos.)
82,000
73,679
8,321
55,050
20,290
34,760
66,640
30,373
36,267
603,467
425,837
177,630
10,688,000 10,548,153
139,847
168,929
194,364
(25,435)
1,000
1,000
4,118,972
3,515,602
603,370
124,200
103,722
20,478
133,345
125,113
8,232
1,198,483
1,237,532
(39,049)
1,260,954
1,251,315
9,639
634,197
718,724
(84,527)
1,091,893
100,584
991,309
35,000
35,000
2,764,041
2,764,041
0
879,023
879,023
(0)
51,568
(51,568)
48,471
(48,471)
27,241
(27,241)
46,941
(46,941)
57,973
(57,973)
23,905,194 22,256,546 1,648,649

 Overall, actual Fund costs were favorable
to original or supplemental budget.
 *Please see line-item detail report.*

 Tri-Town budget reflects “stub-year” spending for plant operations
through June 30, 2026 with first expenses posted beginning in Q3.
 Delay in substantial completion of new plant resulted in lower FY26
operating costs.

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**
8

Page 85 of 112

FY25 Golf Fund
Fund 7100 FY26 Quarterly Benchmarks
Program
QE 09/30/25 QE 12/31/25 QE 03/31/26 QE 06/30/26
Total
63001-GLF - ADMINISTRATION
$ 611,089 $ 127,732 $ 146,494 $ 146,494 $ 1,031,810
63002-GLF - BUILDING MAINT
16,050
16,050
16,050
16,050
64,200
63003-GLF - EQUIPMENT MAINT
18,375
18,375
18,375
18,375
73,500
63004-GLF - TURF MAINTENANCE
134,065
134,065
143,651
143,651
555,432
63005-GLF - GOLF PRO
74,998
74,998
87,122
87,122
324,240
63006-GLF - CART OPERATIONS
66,603
5,000
66,603
5,000
143,205
63007-GLF - FOOD AND BEVERAGE
63050-GLF - BOND PRINCIPAL
19,750
19,750
19,750
19,750
79,000
63051-GLF - BOND INTEREST
10,183
10,183
Grand Total
$ 951,112 $ 395,970 $ 498,045 $ 436,443 $ 2,281,570

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**
9

Page 86 of 112

FY25 Golf Fund
Q4 Results
*See attached report for line-item detail.*

 Spending results through Q4 are in-line with
quarterly projections to-date.
 YTD Actuals reflect year-end supplemental /
transfers.

Program (Fund 7100)
63001-GLF - ADMINISTRATION
63002-GLF - BUILDING MAINT
63003-GLF - EQUIPMENT MAINT
63004-GLF - TURF MAINTENANCE
63005-GLF - GOLF PRO
63006-GLF - CART OPERATIONS
63007-GLF - FOOD AND BEVERAGE
63050-GLF - BOND PRINCIPAL
63051-GLF - BOND INTEREST
Grand Total

FY26 Budget YTD Actuals Budget vs.
(12 mos.)
(12 mos.)
Actual
$ 1,031,810 $ 1,048,283 $ (16,473)
$ 64,200 $ 38,952 $ 25,248
$ 73,500 $ 71,493 $ 2,007
$ 555,432 $ 530,349 $ 25,083
$ 324,240 $ 292,021 $ 32,219
$ 143,205 $ 143,116 $
89
$
$
$
$ 79,000 $ 79,000 $
$ 10,183 $ 10,183 $
0
$ 2,281,570 $ 2,213,398 $ 68,172

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**
10

Page 87 of 112

FY25 Stormwater Fund
Fund 7200 FY26 Quarterly Benchmarks
Program
QE 09/30/25 QE 12/31/25 QE 03/31/26 QE 06/30/26
Total
45001-STORMWATER - ADMINISTRATION
$ 533,103 $
77,748 $
86,119 $ 124,969 $ 821,939
45002-STORMWATER - BUILDING MAINT.
250
250
250
250
1,000
45003-STORMWATER - EQUIPMENT MAINT.
42,320
42,320
42,320
42,320
169,278
45004-STORMWATER - LABORS
146,050
146,050
170,044
170,044
632,188
45050-STORMWATER - BOND PRINCIPAL
45051-STORMWATER - BOND INTEREST
Grand Total
$ 721,722 $ 266,367 $ 298,733 $ 337,583 $ 1,624,405

 Quarterly benchmarks reflect historical spending patterns.
 FY26 debt service paid from transfer from Fund 7200 retained earnings.

Page 88 of 112

FY25 Stormwater Fund
Q4 Results
*See attached report for line-item detail.*

Program (Fund 7200)
45001-STORMWATER - ADMINISTRATION
45002-STORMWATER - BUILDING MAINT.
45003-STORMWATER - EQUIPMENT MAINT.
45004-STORMWATER - LABORS
45050-STORMWATER - BOND PRINCIPAL
45051-STORMWATER - BOND INTEREST
Grand Total

FY26
Budget
(12 mos.)
$ 821,939
$
1,000
$ 169,278
$ 632,188
$
$
$ 1,624,405

YTD Actual
(12 mos.)
$ 635,843
$
$ 127,800
$ 533,847
$
$
$ 1,297,490

Budget vs.
Actual
$ 186,096
$ 1,000
$ 41,478
$ 98,341
$
$
$ 326,915

 Favorable results primarily though vacancy savings or
timing-related variances in spending.

**Please Note: All YTD Actual figures are unaudited and subject to change, pending year closing and audit activities.**

Page 89 of 112

Next Steps / Looking Ahead
• FY2026 Close Out / Audit Activities Underway
• FY2027 Revenue and Spending Benchmarks Set
• Includes revenue forecasts for enterprise funds
• Q1 Report presented in November.

Page 90 of 112

Town of Braintree
FY2026 Q4 Update
September 24, 2026

Page 91 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
11101-CNCL - ADMINISTRATION
Personal Service
511004-ADMINISTRATIVE/ CLERICAL
511016-ELECTED OFFICIALS
Non-Personal Service
530001-AUDIT FEE
530004-CONSULTANTS
530005-ADVERTISING
530018-TECHNOLOGY
534002-POSTAGE
534004-CELLPHONE
542001-PRINTING
542002-OFFICE SUPPLIES
571001-MEETINGS
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUBSCRIPTIONS
11102-CNCL - RESERVE FUND
Non-Personal Service
578050-RESERVE FUND
11104-CNCL - INTERNAL AUDIT
Personal Service
511002-TOWN AUDITOR
12101-MYR - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
Non-Personal Service
521005-AWARDS & CEREMONIES
530004-CONSULTANTS
530005-ADVERTISING
534001-CELL PHONE
534002-POSTAGE
538007-OPIOID ABUSE PREVENTION
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
12104-MYR - FAIR HOUSING
Non-Personal Service
521005-AWARDS & CEREMONIES
530004-CONSULTANTS
530014-COMMITTEE EXPENSES
534001-TELEPHONE
534002-POSTAGE
542001-PRINTING/FORMS
12105-MYR - COMM ON DISABILITIES
Non-Personal Service
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
12106-MYR - SUBSTANCE USE PREVENTION
Personal Service
511004-SUBSTANCE USE COORDINATOR
Non-Personal Service
530003-DATA PROCESS COSTS
534001-TELEPHONE
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

205,096
131,146
83,646
47,500
73,950
57,000
10,000
600
350
1,200
1,800
3,000
62,500
62,500
62,500
449,293
396,593
125,480
271,113
52,700
1,000
5,000
4,500
2,000
250
10,000
500
900
50
28,500
-

154,171
132,867
89,930
42,938
21,303
12,500
4,069
455
120
925
818
2,416
54,900
54,900
54,900
446,631
408,355
125,483
282,872
38,276
7,445
2,004
95
1,569
160
1,448
25,555
-

50,925
(1,722)
(6,284)
4,562
52,647
44,500
5,931
145
230
275
982
584
7,600
7,600
7,600
2,662
(11,762)
(3)
(11,759)
14,424
1,000
(2,445)
4,500
(4)
155
8,431
340
(548)
50
2,945
-

Encumbered
Available
(as of 6/30) (as of 06/30)
44,500
44,500
44,500
6,100
6,100
6,100
1,142
1,142
1,107
36
-

6,425
(1,722)
(6,284)
4,562
8,147
5,931
145
230
275
982
584
1,500
1,500
1,500
1,520
(11,762)
(3)
(11,759)
13,281
1,000
(2,445)
4,500
(1,111)
155
8,431
304
(548)
50
2,945
-

Page 1 of 20

Page 92 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
572001-OUT OF STATE TRAVEL
573001-DUES/MEMBERSHIPS/SUB
13301-FIN - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
514005-STAFF DEVELOPMENT & TRAINING
Non-Personal Service
530004-CONSULTANT
530005-ADVERTISING
534002-POSTAGE
542001-PRINTING
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
576001-REVALUATION
578050-9C CUT RESERVE
13304-FIN - ACCOUNTING
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
514003-LONGEVITY
Non-Personal Service
519002-IN SERVICE TRAINING
527002-PHOTO COPY RENTAL
530003-DATA PROCESS COSTS
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
542004-COPY/PHOTO SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
573001-DUES/MEMBERSHIPS/SUB
13307-FIN - ASSESSING
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
511013-APPOINTED OFFIICIALS
514003-LONGEVITY
Non-Personal Service
530003-DATA PROCESS COSTS
530004-CONSULTANTS
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
576001-REVALUATION
578008-ABSTRACT/DEEDS
578009-TAX APPELLATE- INTER
13308-FIN - INFORMATION TECHNOLOGY
Non-Personal Service
521001-TRAINING
524002-EQUIPMENT MAINTENANCE
530003-DATA PROCESS COSTS

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

1,015,452
274,402
179,051
93,351
2,000
741,050
15,000
1,500
50
1,500
250
750
1,000
10,000
711,000
345,445
312,780
126,356
185,824
600
32,665
25,000
150
200
350
4,000
1,095
750
1,000
120
349,232
193,162
98,158
86,389
8,500
115
156,070
3,500
6,000
800
300
700
750
800
600
142,620
734,000
734,000
-

291,918
272,402
179,051
93,351
19,516
14,884
1,343
1,378
493
1,417
339,459
312,781
126,356
185,824
600
26,679
19,484
327
78
252
3,758
427
1,350
873
130
325,804
180,209
98,158
73,268
8,783
145,594
5,073
3,118
1,034
250
650
375
565
134,529
731,649
731,649
-

723,534
2,000
(0)
(0)
2,000
721,534
116
157
50
122
(243)
750
(417)
10,000
711,000
5,986
(0)
(0)
(0)
5,986
5,516
(327)
72
200
98
242
668
(600)
127
(10)
23,429
12,953
(0)
13,121
(283)
115
10,476
(1,573)
6,000
(2,318)
300
(334)
(250)
100
425
35
8,091
2,351
2,351
-

Encumbered
Available
(as of 6/30) (as of 06/30)
228
228
228
2,473
2,473
2,473
9,546
9,546
9,546
1,900
1,900
-

12,306
2,000
(0)
(0)
2,000
10,306
116
157
50
122
(472)
750
(417)
10,000
3,513
(0)
(0)
(0)
3,513
3,043
(327)
72
200
98
242
668
(600)
127
(10)
3,883
2,953
(0)
3,121
(283)
115
930
(1,573)
6,000
(2,318)
300
(334)
(250)
100
425
35
(1,455)
451
451
-

Page 2 of 20

Page 93 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
530004-CONSULTANT
530019-UPGRADE MS OFFICE 2000
530021-WEBSITE EXPENSES
530022-ANNUAL OFFICE 365 G3 LICENSING
534001-TELEPHONE
542002-OFFICE SUPPLIES
542003-OPERATING SUPPLIES
550002-MUNIS ANNUAL MAINTENANCE
580000-CONNECT CTY
585000-OTHER EQUIPMENT
13309-FIN - GENERAL INSURANCE
Non-Personal Service
574001-INSURANCE DEDUCTIBLE
574005-INSURANCE PREMIUM
13310-FIN - TREASURER/COLLECTOR
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
530003-DATA PROCESS COSTS
530004-CONSULTANTS
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
574002-BANK SERVICE CHARGES
574003-SURETY BOND
578004-LOCK BOX EXPENSE
578007-RECORDINGS/TAKINGS
578009-TAX TITLES
578010-OPEB LIABILITY
13350-RETIREMENT OF DEBT
Non-Personal Service
578050-MEALS TAX REV. DEDICATED TO CA
Debt Service
591001-BOND PRINCIPAL
13351-INTEREST ON DEBT
Debt Service
591501-BOND INTERESTS
592501-BAN INTEREST
13352-FIN - LEASES
Non-Personal Service
527001-LEASE PAYMENTS
13353-FIN - RESERVE FOR CAPITAL PROJ
Non-Personal Service
580000-RESERVE FOR CAPITAL PROJECTS
Debt Service
591001-BOND PRINCIPAL
591501-BOND INTEREST
592501-SHORT TERM-INTEREST
13354-DEBT EXCLUSION
Debt Service
591001-DEBT EXCLUSION BOND PRINCIPAL
591501-DEBT EXCLUSION BOND INTEREST
15101-LAW - ADMINISTRATION
Personal Service

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

475,000
17,000
55,000
18,000
145,000
19,000
5,000
1,656,100
1,656,100
75,000
1,581,100
755,462
647,818
121,669
525,849
300
107,644
4,964
6,000
62,000
12,000
2,000
780
2,050
1,750
500
800
1,000
2,600
5,200
2,000
4,000
5,554,500
5,554,500
5,554,500
3,155,475
3,155,475
2,633,475
522,000
2,762,245
2,762,245
1,658,000
1,104,245
308,391
179,051

Actuals YTD
(12 mos.)
475,000
19,936
47,114
18,396
233
149,623
17,850
3,497
1,650,299
1,650,299
63,297
1,587,003
736,358
636,346
117,483
518,564
300
100,011
5,377
4,264
59,317
15,291
1,841
1,700
5,002
498
640
2,316
1,525
(101)
953
1,387
5,554,500
5,554,500
5,554,500
3,086,375
3,086,375
2,633,475
452,900
2,762,245
2,762,245
1,658,000
1,104,245
505,329
175,873

YTD Budget
vs Actual
0
(2,936)
7,887
(396)
(233)
(4,623)
1,150
1,503
5,801
5,801
11,703
(5,903)
19,104
11,471
4,186
7,285
7,633
(413)
1,736
2,683
(3,291)
159
780
350
(3,252)
2
160
(1,316)
1,075
5,301
1,047
2,613
69,100
69,100
(0)
69,100
(196,938)
3,178

Encumbered
Available
(as of 6/30) (as of 06/30)
1,900
5,078
5,078
1,141
3,938
33,200
-

0
(2,936)
7,887
(396)
(233)
(4,623)
1,150
(397)
5,801
5,801
11,703
(5,903)
14,026
11,471
4,186
7,285
2,554
(1,554)
1,736
(1,255)
(3,291)
159
780
350
(3,252)
2
160
(1,316)
1,075
5,301
1,047
2,613
100
100
(0)
100
19,861
3,178

Page 3 of 20

Page 94 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
511002-TOWN SOLICITOR
511003-ASSISTANT TOWN SOLICITOR
511004-ADMINISTRATIVE/ CLERICAL
Non-Personal Service
530002-LEGAL SERVICES
530017-EXPERT WITNESS SERVICES
534002-POSTAGE
534004-CELL PHONE
542002-OFFICE SUPPLIES
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
576002-COURT JUDGEMENTS
576003-CLAIM SETTLEMENTS
578011-LAW BOOKS/RESEARCH
15102-LAW - LICENSING BOARD
Personal Service
511004-ADMINISTRATIVE/ CLERICAL
Non-Personal Service
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
15201-HR - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
511005-LABOR RELATION/ CONT
519001-RETIREMENT SICK LEAVE
519006-VACATION BUY BACK
519008-SICK LEAVE CONVERSION
Non-Personal Service
519004-TUITION REIMBURSEMENT
521005-EMPLOYEE OF QUARTER
530003-DATA PROCESS COSTS
530004-CONSULTANTS
530005-ADVERTISING
530009-PRE-EMPLOY PHYSICALS
534002-POSTAGE
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
Benefits
517004-UNEMPLOYMENT COMPENSATION
15204-HR - EMPLOYEE BENEFITS
Personal Service
514004-DRUG/ALCOHOL TEST
515003-EMPLOYEE ASSISTANCE
Non-Personal Service
578050-BENEFITS RESERVE
Benefits
512007-WORKERS COMP. PUBLIC SAFETY
517001-HEALTH REIMBURSEMENT
517002-WORKERS COMPENSATION
517003-EMPLOYER MEDICARE/SOCIAL SECUR
517005-GROUP LIFE & MEDICAL INSURANCE
517006-PENSION FUND
517007-NON-CONTRIBUTORY PENSION
519005-LONG TERM DISABILITY
15206-HR - VETERANS BENEFITS
Personal Service
511002-DEPARTMENT HEAD

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

179,051
129,340
125,000
50
840
100
50
1,500
1,800
879,627
755,777
141,665
173,112
1,000
200,000
200,000
40,000
23,850
2,500
200
3,000
2,500
2,500
10,000
250
1,000
1,000
100
800
100,000
100,000
23,795,542
20,000
10,000
10,000
23,775,542
149,555
185,000
500,000
1,600,000
9,541,000
11,749,987
50,000
338,350
119,500
83,500

Actuals YTD
(12 mos.)
175,873
329,456
325,598
57
455
(35)
591
250
2,540
969,044
842,083
114,747
207,277
750
113,791
333,074
72,444
29,098
1,000
517
9,322
1,539
13,136
156
1,276
340
1,812
97,863
97,863
23,788,926
6,062
63
6,000
23,782,864
155,399
189,301
491,392
1,600,784
9,538,779
11,749,987
57,222
267,925
95,009
64,658

YTD Budget
vs Actual
3,178
(200,116)
(200,598)
(7)
385
135
50
909
(250)
(740)
(89,417)
(86,306)
26,918
(34,165)
250
86,209
(133,074)
(32,444)
(5,248)
1,500
200
2,483
(6,822)
961
(3,136)
94
(276)
660
100
(1,012)
2,137
2,137
6,616
13,938
9,938
4,000
(7,322)
(5,844)
(4,301)
8,608
(784)
2,221
(7,222)
70,425
24,491
18,842

Encumbered
Available
(as of 6/30) (as of 06/30)
33,200
33,200
23,729
10,236
1,252
805
7,715
46
417
13,493
13,493
5,857
610
610
5,247
5,247
36
-

3,178
16,684
16,202
(7)
385
135
50
909
(250)
(740)
6,854
33,694
26,918
(34,165)
250
86,209
(13,074)
(32,444)
(15,483)
1,500
200
1,231
(6,822)
156
(10,851)
94
(323)
243
100
(1,012)
(11,356)
(11,356)
759
13,328
9,328
4,000
(12,569)
(5,844)
(4,301)
8,608
(6,031)
2,221
(7,222)
20,389
24,491
18,842

Page 4 of 20

Page 95 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
511004-ADMINISTRATIVE/ CLERICAL
Non-Personal Service
530003-DATA PROCESS COSTS
534002-POSTAGE
534004-CELL PHONE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
549006-WORK CLOTHES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
577001-VETERAN BENEFITS-ORDINARY
577002-VETERAN COLA
15207-HR - CELEBRATION
Non-Personal Service
553004-SIGNS
558016-GRAVE SUPPLIES
16101-CLK - ADMINISTRATION
Personal Service
511013-DEPARTMENT HEAD
513001-ELECTION OVERTIME
Non-Personal Service
530018-TECHNOLOGY
534002-POSTAGE
534004-CELLPHONE
538001-BOOK BINDING/DOCUMENT
538002-BYLAW PRINTING
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
542007-DOG TAGS/BOOKS SUPPLY
571001-MEETINGS/SEMINARS- IN STATE
572001-OUT OF STATE TRAVEL
573001-DUES/MEMBERSHIPS/SUB
578012-PRESERVATION/CONSERVATION
16104-CLK - ELECTIONS
Personal Service
512001-PART-TIME EMPLOYEE
Non-Personal Service
524002-EQUIPMENT MAINTENANCE
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
578013-ELECTION EXPENSES
585000-ELECTION EQUIPMENT
16105-CLK - REGISTRATION
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511004-ADMINISTRATIVE/ CLERICAL
511013-APPOINTED OFFICIALS
514003-LONGEVITY
Non-Personal Service
534002-POSTAGE
538003-CENSUS
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
17501-PLN - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511003-ASSISTANT DIRECTOR

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

36,000
218,850
1,200
150
650
400
250
400
200
600
215,000
7,000
7,000
2,000
5,000
163,007
128,357
126,357
2,000
34,650
16,000
3,000
500
2,000
5,000
750
2,500
1,000
600
300
3,000
102,000
30,000
30,000
72,000
50,000
6,000
8,000
2,000
6,000
247,531
214,701
2,150
89,951
120,850
1,450
300
32,830
2,000
25,000
3,000
1,000
830
1,000
340,009
333,324
141,506
104,515

30,351
172,917
2,285
100
434
162
560
820
232
168,324
2,152
2,152
2,152
139,332
110,865
110,865
28,467
13,898
2,634
421
2,113
5,235
545
1,654
840
976
150
44,109
13,003
13,003
31,106
16,080
583
9,158
2,623
2,663
246,429
218,193
1,450
94,126
120,867
1,450
300
28,236
24,683
2,508
45
1,000
300,279
299,759
139,162
73,744

5,650
45,933
(1,085)
50
216
238
(310)
(420)
200
369
46,676
4,848
4,848
2,000
2,848
23,675
17,492
15,492
2,000
6,183
2,102
366
79
(113)
(235)
205
846
160
(376)
150
3,000
57,891
16,997
16,997
40,894
33,920
5,417
(1,158)
(623)
3,337
1,102
(3,492)
700
(4,175)
(17)
4,594
2,000
317
492
955
830
39,730
33,564
2,344
30,770

Encumbered
Available
(as of 6/30) (as of 06/30)
36
36
8,395
8,395
8,395
5,900
-

5,650
(4,102)
(1,085)
50
180
238
(310)
(420)
200
369
(3,324)
4,848
4,848
2,000
2,848
23,675
17,492
15,492
2,000
6,183
2,102
366
79
(113)
(235)
205
846
160
(376)
150
3,000
49,496
16,997
16,997
32,499
33,920
5,417
(1,158)
(623)
3,337
(8,395)
1,102
(3,492)
700
(4,175)
(17)
4,594
2,000
317
492
955
830
12,830
12,564
2,344
9,770

Page 5 of 20

Page 96 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
511004-ADMINISTRATIVE/ CLERICAL
512004-INTERNSHIPS
514003-LONGEVITY
Non-Personal Service
534001-TELEPHONE
538007-PLANNING ADMIN EXPENSES
17504-PLN - PLANNING
Personal Service
511004-COMPREHENSIVE ZONING ADMIN
Non-Personal Service
534002-POSTAGE
538007-STAFF PLANNER
538009-MITIGATION
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
558013-NEWSPAPER/PERIODICAL
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
17505-PLN - CONSERVATION
Personal Service
511003-CONSERVATION PLANNER
512001-RANGER - PART TIME
Non-Personal Service
500002-PRIOR YEAR ENCUMBERANCE
534002-POSTAGE
538007-CLIMATE CHANGE ASSESSMENT
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
558013-NEWSPAPER/PERIODICAL
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
578001-VEGETATIVE TRTMNT POND MEADOW
578015-VEGETATIVE TREATMENT LAKE/POND
580000-TREES FERTILIZING/PEST MGMT.
583000-MONATIQUOT DAM REMOVAL
17506-ZONING BOARD OF APPEALS
Personal Service
511004-ZONING ADMINISTRATOR
Non-Personal Service
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
558013-NEWSPAPER/PERIODICAL
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
17507-PLN - ECONOMIC DEVELOPMENT
Non-Personal Service
530004-CONSULTANTS
530005-REIMBURSE HISTORICAL SOCIETY
530016-LIFE SCIENCE DEVELOPMENT
534002-POSTAGE
538007-REGIONAL ECO. COMMUNITY COMPAC
542002-OFFICE SUPPLIES

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

87,303
6,685
785
5,900
10,350
10,350
200
100
2,050
250
750
3,000
1,000
1,500
1,500
110,465
84,365
81,089
3,276
26,100
100
1,100
750
250
300
1,500
300
1,000
800
20,000
86,047
82,047
82,047
4,000
150
150
750
250
300
1,000
300
750
350
6,100
6,100
100
100

86,553
300
519
519
6,880
6,880
168
96
1,998
300
1,521
978
707
1,112
68,674
56,458
56,458
12,216
100
750
300
180
257
725
9,905
85,791
83,430
83,430
2,361
150
741
300
502
300
368
1,210
1,210
100
100

750
(300)
6,166
266
5,900
3,470
3,470
32
4
52
250
450
1,479
22
793
388
41,791
27,907
24,631
3,276
13,884
1,100
0
250
1,500
120
743
75
10,095
256
(1,383)
(1,383)
1,639
150
9
250
498
382
350
4,890
4,890
-

Encumbered
Available
(as of 6/30) (as of 06/30)
5,900
5,900
20
20
20
2,753
2,753
2,753
1,890
1,890
-

750
(300)
266
266
3,450
3,450
32
4
32
250
450
1,479
22
793
388
19,038
7,907
4,631
3,276
11,131
1,100
0
250
1,500
120
743
75
7,342
256
(1,383)
(1,383)
1,639
150
9
250
498
382
350
3,000
3,000
-

Page 6 of 20

Page 97 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
558013-LEGAL ADVERTISEMENT
573001-DUES/MEMBERSHIPS/SUB
578005-PARKING PLAN
585000-DATA PROCESSING EQUI
17508-PLN - FAIR HOUSING
Non-Personal Service
521005-AWARDS & CEREMONIES
530004-CONSULTANTS
534001-TELEPHONE
534002-POSTAGE
542001-PRINTING/FORMS
578005-COMMITTEE EXPENSES
17509-PLN - HISTORICAL COMMISSION
Non-Personal Service
530002-LEGAL ADVERTISEMENT
530004-CONSULTANTS
534002-POSTAGE
542002-OFFICE SUPPLIES
573001-DUES/MEMBERSHIPS/SUB
21001-POL - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
511006-SWORN PERSONNEL
513002-ACCREDITATION
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY
514006-SHIFT DIFFERENTIAL
514009-POST STIPEND
514010-PROFESSIONAL STANDARDS
515001-CAREER INCENTIVE
Non-Personal Service
519003-ANNUAL PHYSICALS
530003-DATA PROCESS COSTS
530007-MEDICAL PAYMENTS
534001-TELEPHONE
534002-POSTAGE
534004-CELLPHONE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
542004-COPY/PHOTO SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
549006-AFSCME CLOTHING ALLOWANCE
572001-OUT OF STATE TRAVEL
573001-DUES/MEMBERSHIPS/SUB
578006-STAFF DEVELOPMENT
578014-INVESTIGATION FUNDS
21002-POL - BUILDING MAINT
Non-Personal Service
500002-PRIOR YEAR ENCUMBERANCE
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
524002-EQUIPMENT MAINTENANCE
543001-BUILDING REPAIRS
21003-POL - EQUIPMENT MAINT
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
524005-VEHICLE ACCIDENT REPORT

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

1,000
2,000
2,900
500
500
500
3,250
3,250
1,000
2,000
50
200
1,792,823
1,445,018
186,213
267,349
709,833
6,396
21,132
207,457
21,933
3,602
11,983
4,739
4,382
347,805
167,013
3,250
47,078
2,269
42,000
3,729
7,506
23,249
2,385
7,800
3,900
2,550
24,699
4,379
6,000
139,060
139,060
64,050
15,180
4,830
27,500
27,500
309,760
309,760
132,600
-

1,010
792
792
542
50
200
1,496,033
1,213,922
184,147
267,349
559,031
4,408
12,731
153,944
14,869
4,286
5,827
5,639
1,692
282,111
130,770
245
48,022
1,694
39,370
3,453
6,912
14,399
830
10,155
650
2,200
17,857
4,555
1,000
134,896
134,896
53,943
14,563
4,124
19,191
43,075
237,022
237,022
108,397
-

1,000
2,000
1,890
500
500
500
2,458
2,458
458
2,000
296,790
231,096
2,067
(0)
150,802
1,988
8,401
53,513
7,063
(684)
6,156
(900)
2,691
65,694
36,243
3,005
(944)
575
2,630
276
594
8,850
1,555
(2,355)
3,250
350
6,842
(177)
5,000
4,164
4,164
10,107
617
706
8,309
(15,575)
72,738
72,738
24,203
-

Encumbered
Available
(as of 6/30) (as of 06/30)
1,890
30,258
30,258
1,846
2,176
398
1,161
5,685
18,992
7,360
7,360
5,037
149
2,174
3,186
3,186
1,281
-

1,000
2,000
500
500
500
2,458
2,458
458
2,000
200,532
165,096
2,067
(0)
84,802
1,988
8,401
53,513
7,063
(684)
6,156
(900)
2,691
35,436
34,397
3,005
(3,120)
575
2,630
276
196
7,689
1,555
(8,040)
3,250
350
6,842
(19,168)
5,000
26,804
26,804
5,070
468
706
8,309
12,252
69,552
69,552
22,922
-

Page 7 of 20

Page 98 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
548002-TIRES/TUBES
548003-PARTS & ACCESSORIES
548006-GASOLINE
21004-POL - PATROL BUREAU
Personal Service
511006-SWORN PERSONNEL
511007-POLICE MATRONS
511019-STATION OFFICER
512001-FIELD TRAINING OFFICERS
513001-OVERTIME
513002-ACCREDITATION
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY
514005-STAFF DEVELOPMENT & TRAINING
514006-SHIFT DIFFERENTIAL
514007-STRESS TRAINING
514008-FIREARMS TRAINING
514009-POST STIPEND
515001-CAREER INCENTIVE
515007-SPECIALISTS
Non-Personal Service
530012-POLICE DETAILS
538005-MEALS-PRISONERS
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
550001-EMS SUPPLIES
558001-BREATHALYZER EXPENSE
558006-AMMUNITION
578018-POL PATROL - ENCUMBRANCES
585000-MACHINERY AND EQUIPMENT
21005-POL - COMMUNICATIONS
Personal Service
511006-SWORN PERSONNEL
511007-OTHER COMMUNICAITON PERSONS
513001-OVERTIME
514001-HOLIDAYS
514002-EDUCATIONAL
514006-SHIFT DIFFERENTIAL
515001-CAREER INCENTIVE
Non-Personal Service
524001-RADIO MAINTENANCE
534003-TELETYPE
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
21006-POL - DETECTIVE BUREAU
Personal Service
511006-SWORN PERSONNEL
513001-OVERTIME
513002-ACCREDITATION
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY
514006-SHIFT DIFFERENTIAL
514009-POST STIPEND
515001-CAREER INCENTIVE
515004-DETECTIVE STIPEND
515007-SPECIALISTS
515011-ON CALL DETECTIVE STIPEND
Non-Personal Service
538007-FINGER PRINTING
542003-PHOTOGRAPH SUPPLIES

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

34,000
8,160
135,000
8,274,691
7,785,504
4,722,014
16,500
19,212
1,253,352
139,732
56,580
956,263
11,533
74,000
361,583
139,732
31,008
3,995
489,187
201,120
2,750
88,700
38,350
7,740
420
37,435
112,673
708,060
664,460
536,096
99,002
29,363
43,600
39,150
850
3,600
2,292,696
2,256,946
1,256,124
327,802
37,684
23,023
286,167
6,577
84,537
37,684
9,359
82,817
105,173
35,750
-

19,798
5,238
103,590
8,265,400
7,807,037
4,658,772
2,393
17,498
1,535,301
139,951
44,207
869,681
13,003
58,100
294,404
129,179
40,569
3,979
458,363
157,280
1,708
105,252
31,850
8,313
136
37,849
150
115,825
636,634
578,834
466,180
82,579
30,075
57,800
54,402
840
2,558
1,891,649
1,863,598
1,051,460
270,318
30,904
13,097
236,271
5,106
65,654
31,241
8,677
68,349
82,523
28,052
-

14,202
2,922
31,410
9,292
(21,533)
63,242
14,107
1,714
(281,949)
(219)
12,373
86,582
(1,471)
15,900
67,179
10,553
(9,560)
15
30,825
43,840
1,042
(16,552)
6,500
(573)
284
(414)
(150)
(3,152)
71,426
85,626
69,916
16,423
(712)
(14,200)
(15,252)
11
1,042
401,047
393,348
204,663
57,484
6,780
9,926
49,896
1,471
18,883
6,443
683
14,469
22,650
7,698
-

Encumbered
Available
(as of 6/30) (as of 06/30)
1,529
376
1,372
1,372
1,042
330
4,222
4,222
3,662
560
25
25
-

14,202
1,393
31,035
7,920
(21,533)
63,242
14,107
1,714
(281,949)
(219)
12,373
86,582
(1,471)
15,900
67,179
10,553
(9,560)
15
29,453
43,840
(16,882)
6,500
(573)
284
(414)
(150)
(3,152)
67,204
85,626
69,916
16,423
(713)
(18,422)
(18,914)
11
482
401,022
393,348
204,663
57,484
6,780
9,926
49,896
1,471
18,883
6,443
683
14,469
22,650
7,673
-

Page 8 of 20

Page 99 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
548001-EVIDENCE PROCESSING SUPPLIES
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
21007-POL - TRAFFIC BUREAU
Personal Service
511004-ADMINISTRATIVE/ CLERICAL
511006-SWORN PERSONNEL
513001-OVERTIME
513002-ACCREDITATION
514001-HOLIDAYS
514002-EDUCATIONAL
514006-SHIFT DIFFERENTIAL
514007-STRESS TRAINING
514008-FIREARMS TRAINING
514009-POST STIPEND
515001-CAREER INCENTIVE
Non-Personal Service
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
21008-POL - SPCL SRVCS/COMM POLICING
Personal Service
511006-SWORN PERSONNEL
512008-CROSSING GUARDS
512009-PARKING ENFORCEMENT OFFICER
513001-OVERTIME
513002-ACCREDITATION
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY
514006-SHIFT DIFFERENTIAL
514007-STRESS TRAINING
514008-FIREARMS TRAINING
514009-POST STIPEND
515001-CAREER INCENTIVE
515007-SPECIALISTS
Non-Personal Service
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
549004-UNIFORMS
21009-POL - HARBORMASTER
Personal Service
512005-HARBORMASTER SALARY/STIPEND
513001-OVERTIME
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548006-FUEL OIL
549002-UNIFORM ALLOWANCES
549006-WORK CLOTHES
558011-SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
573001-DUES/MEMBERSHIPS/SUBSCRIPTIONS
574005-INSURANCE PREMIUM EX
21010-POL - ANIMAL CONTROL
Personal Service
511007-OTHER POLICE PERSONS
512001-PART-TIME EMPLOYEE
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

6,500
19,500
9,750
224,387
220,487
171,835
5,155
5,407
19,264
12,723
5,155
948
3,900
2,600
1,300
901,311
886,661
568,674
22,316
91,145
17,060
18,380
122,327
3,012
16,925
17,060
9,763
14,650
9,100
4,550
1,000
32,000
20,000
20,000
12,000
3,000
7,500
1,000
500
88,565
80,125
73,005
7,120
8,440

5,034
14,567
8,450
198,518
195,310
154,961
4,644
5,782
14,909
8,823
4,644
1,548
3,208
1,908
1,300
807,304
792,791
515,571
485
19,508
71,562
15,485
17,922
110,911
681
16,054
15,933
8,680
14,513
9,751
4,550
212
31,245
21,740
21,740
9,505
3,640
4,573
23
375
895
86,007
79,142
73,215
5,927
6,865

1,466
4,933
1,300
25,869
25,177
16,874
511
(375)
4,355
3,900
511
(600)
692
692
94,006
93,870
53,103
(485)
2,808
19,583
1,575
457
11,416
2,331
871
1,127
1,083
137
(651)
788
755
(1,740)
(1,740)
2,495
(640)
2,927
977
125
(895)
2,558
983
(210)
1,193
1,575

Encumbered
Available
(as of 6/30) (as of 06/30)
25
701
701
701
606
606

1,466
4,908
1,300
25,869
25,177
16,874
511
(375)
4,355
3,900
511
(600)
692
692
64,006
63,870
23,103
(485)
2,808
19,583
1,575
457
11,416
2,331
871
1,127
1,083
137
(651)
788
54
(1,740)
(1,740)
1,794
(640)
2,226
977
125
(895)
1,952
983
(210)
1,193
969

Page 9 of 20

Page 100 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
529002-WORK CLOTHES
538004-ANIMAL DISPOSAL
538007-VETERINARY SERVICES
548006-GASOLINE
549001-FOOD & FOOD SERVICE
558011-SUPPLIES
571002-MILEAGE
22001-FIR - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
513001-OVERTIME
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY
515009-HAZARDOUS DUTY
Non-Personal Service
527002-PHOTO COPY RENTAL
534001-TELEPHONE
534002-POSTAGE
534004-CELLPHONE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
571001-MEETINGS/SEMINARS- IN STATE
572001-OUT OF STATE TRAVEL
573001-DUES/MEMBERSHIPS/SUB
585000-DATA PROCESSING EQUI
549006-WORK CLOTHES
22002-FIR - BUILDING MAINT
Non-Personal Service
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
524002-EQUIPMENT MAINTENANCE
543001-BUILDING REPAIRS
545001-CUSTODIAL SUPPLIES
545002-FURNITURE
22003-FIR - EQUIPMENT MAINT
Personal Service
511008-UNIFORM BRANCH
Non-Personal Service
524002-EQUIPMENT MAINTENANCE
524003-OUTSIDE M/V REPAIRS
530003-DATA PROCESSING EQUI
548002-TIRES/TUBES
548003-PARTS & ACCESSORIES
548006-GASOLINE
548007-DIESEL FUEL
22004-FIR - FIRE SUPPRESSION
Personal Service
511004-DESKMAN
511008-UNIFORM BRANCH
511017-WORKING OUT OF GRADE
513001-OVERTIME
514001-HOLIDAYS
514002-EDUCATIONAL
514003-LONGEVITY

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

2,750
1,210
800
880
1,300
1,500
411,140
308,840
186,000
86,553
18,500
15,000
2,787
102,300
5,500
15,000
100
8,000
2,500
3,500
2,000
550
150
15,000
50,000
116,000
116,000
40,000
30,000
6,000
15,000
5,000
20,000
223,465
5,465
5,465
218,000
75,000
57,000
15,000
15,000
16,000
40,000
9,943,256
9,735,781
7,941,900
95,000
950,000
16,500
128,799
147,500

3,184
1,193
376
330
552
1,230
362,843
281,746
174,109
86,553
6,026
15,058
81,097
3,256
11,941
8,982
1,686
5,117
660
1,023
10,475
37,658
300
115,935
115,935
31,393
38,638
5,473
12,166
15,137
13,127
207,606
5,486
5,486
202,120
31,887
81,327
24,650
21,891
9,447
32,919
9,634,714
9,390,675
7,400,421
77,636
1,196,001
13,369
155,920
126,192

(434)
17
424
550
748
270
48,296
27,094
11,891
(0)
12,474
(58)
2,787
21,203
2,244
3,059
100
(982)
814
(1,617)
1,340
550
(873)
4,525
12,342
(300)
65
65
8,607
(8,638)
527
2,834
(10,137)
6,873
15,859
(21)
(21)
15,880
43,113
(24,327)
(9,650)
(6,891)
6,553
7,081
308,542
345,106
541,479
17,364
(246,001)
3,131
(27,121)
21,308

Encumbered
Available
(as of 6/30) (as of 06/30)
250
356
860
860
509
351
25,015
25,015
4,373
591
1,306
16,129
89
2,527
1,833
1,833
112
1,721
1,343
-

(434)
17
424
550
498
(86)
27,436
7,094
1,891
(0)
2,474
(58)
2,787
20,343
1,735
2,708
100
(982)
814
(1,617)
1,340
550
(873)
4,525
12,342
(300)
25,050
25,050
4,234
(9,229)
(779)
(13,295)
39,774
4,346
14,026
(21)
(21)
14,047
43,113
(24,439)
(11,371)
(6,891)
6,553
7,081
277,199
315,106
511,479
17,364
(246,001)
3,131
(27,121)
21,308

Page 10 of 20

Page 101 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
515002-EMT INCENTIVE
515004-EQUIPMENT STIPEND
515009-HAZARD PAY
515012-FIRE EMS COORDINATOR
515013-FIRE GRANT WRITER/PROCUREMENT
519006-VACATION BUY BACK
Non-Personal Service
519002-IN SERVICE TRAINING
530012-SOUTH SHORE PLAZA DETAILS
538007-COMMUNICATION CONTRACT SERVICE
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
550001-EMS SUPPLIES
558007-REPLACE FIRE EQUIPMENT
22005-FIR - FIRE ALARM REPAIR
Personal Service
511008-UNIFORM BRANCH
513001-OVERTIME
514003-LONGEVITY
515002-EMT INCENTIVE
515004-FIRE ALARM REPAIRSMAN STIPEND
515009-HAZARD PAY
515014-FIRE ALARM SUPERVISOR STIPEND
Non-Personal Service
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
558009-FIRE ALARM REPAIRS
22006-FIR - HAZMAT
Personal Service
511008-UNIFORM BRANCH
513001-OVERTIME
514002-EDUCATIONAL
514003-LONGEVITY
515009-HAZARD PAY
515002-EMT INCENTIVE
Non-Personal Service
530015-HAZMAT EXPENSES
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
22007-FIR - FIRE PREVENTION
Personal Service
511008-UNIFORM BRANCH
513001-OVERTIME
514002-EDUCATIONAL
514003-LONGEVITY
515009-HAZARD PAY
515002-EMT INCENTIVE
Non-Personal Service
549002-UNIFORM ALLOWANCES
549003-UNIFORM CLEANING
558008-FIRE PREVENT PROGRAM
22008-FIR - TRAINING
Personal Service
511008-UNIFORM BRANCH
513001-OVERTIME
514002-EDUCATIONAL
514003-LONGEVITY
515002-EMT INCENTIVE
515009-HAZARD PAY
Non-Personal Service
519002-IN SERVICE TRAINING
549002-UNIFORM ALLOWANCES

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

169,775
10,350
239,698
5,629
5,629
25,000
207,475
15,000
33,500
39,900
43,575
500
75,000
156,113
154,063
132,580
2,500
4,500
2,200
3,096
2,787
6,399
2,050
500
550
1,000
146,367
144,867
132,580
5,000
4,500
2,787
1,500
500
475
525
144,367
142,867
132,580
3,000
4,500
2,787
1,500
475
525
500
146,717
143,667
132,580
1,000
600
4,500
2,200
2,787
3,050
2,000
500

161,849
6,966
219,764
5,023
5,650
21,883
244,039
9,000
14,750
33,500
52,888
40,000
2,585
91,316
154,797
148,747
132,580
2,428
4,517
2,798
6,423
6,050
500
550
5,000
119,845
118,795
112,816
1,135
1,737
2,583
525
1,050
500
550
140,007
134,033
126,669
1,283
3,294
2,262
525
5,974
500
550
4,924
137,185
122,181
115,464
932
44
2,890
161
2,690
15,004
12,583
475

7,926
3,384
19,934
606
(22)
3,117
(36,564)
(9,000)
250
(12,988)
3,575
(2,085)
(16,316)
1,316
5,316
(0)
72
(17)
2,200
3,096
(10)
(25)
(4,000)
(4,000)
26,523
26,073
19,765
3,865
2,763
204
(525)
450
500
(25)
(25)
4,360
8,834
5,911
1,717
1,206
525
(525)
(4,474)
(25)
(25)
(4,424)
9,532
21,486
17,117
68
556
1,610
2,039
97
(11,954)
(10,583)
25

Encumbered
Available
(as of 6/30) (as of 06/30)
1,343
1,343
121
121
121
-

7,926
3,384
19,934
606
(22)
3,117
(37,907)
(9,000)
250
(12,988)
3,575
(2,085)
(17,659)
1,316
5,316
(0)
72
(17)
2,200
3,096
(10)
(25)
(4,000)
(4,000)
26,523
26,073
19,765
3,865
2,763
204
(525)
450
500
(25)
(25)
4,360
8,834
5,911
1,717
1,206
525
(525)
(4,474)
(25)
(25)
(4,424)
9,411
21,486
17,117
68
556
1,610
2,039
97
(12,075)
(10,705)
25

Page 11 of 20

Page 102 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
549003-UNIFORM CLEANING
585000-MACHINERY AND EQUIPMENT
22009-FIR - BOAT
Personal Service
513001-OVERTIME
515004-STIPEND
Non-Personal Service
519002-IN SERVICE TRAINING
524002-BOAT MAINTENANC
548006-FUEL
574005-INSURANCE PREMIUM
22010-FIRE - EMERGENCY MANAGEMENT
Personal Service
511008-UNIFORM BRANCH
515004-STIPEND
Non-Personal Service
524002-EQUIPMENT MAINTENANC
558011-SUPPLIES
578018-UTILITIES
548006-DIESEL
548007-UTILITIES
24101-LIC - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
512001-PART-TIME CLERICAL
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
530003-DATA PROCESS COSTS
534001-TELEPHONE
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573001-DUES/MEMBERSHIPS/SUB
24103-LIC - EQUIPMENT MAINT
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
24104-LIC - COMM ON DISABILITIES
Non-Personal Service
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
24105-LIC - INSPECTNS/CODE ENFORCEMT
Personal Service
511009-INSPECTORS
512001-ADA COORDINATOR
Non-Personal Service
538009-MITIGATION
571002-MILEAGE
24106-LIC-SUBSTANCE USE PREVENTION
Personal Service
511004-SUBSTANCE USE COORDINATOR
Non-Personal Service
530003-DATA PROCESS COSTS
534001-TELEPHONE

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

550
28,662
19,712
5,000
14,712
8,950
6,500
2,000
450
35,620
19,670
13,670
6,000
15,950
7,800
50
8,100
263,315
230,615
136,062
87,153
5,000
2,400
32,700
14,000
4,000
2,500
1,500
4,100
1,000
3,000
1,000
800
800
2,950
2,950
2,950
1,000
1,000
1,000
487,456
477,456
387,505
89,951
10,000
10,000
88,199
84,049
84,049
4,150
500
700

550
1,396
17,568
10,910
2,140
8,771
6,658
4,897
1,386
375
26,744
20,406
14,383
6,023
6,338
567
315
4,931
450
74
254,133
226,086
136,062
86,553
1,071
2,400
28,047
11,020
3,682
3,188
998
3,059
3,000
1,655
621
826
2,525
2,525
2,525
1,000
1,000
1,000
461,885
454,160
364,209
89,951
7,725
7,725
88,049
84,006
84,006
4,044
472
454

(1,396)
11,094
8,802
2,860
5,942
2,292
1,603
614
75
8,876
(736)
(713)
(23)
9,612
7,233
(265)
3,169
(450)
(74)
9,183
4,529
0
600
3,929
4,653
2,980
318
(688)
502
1,041
1,000
(655)
179
(26)
425
425
425
25,570
23,296
23,296
2,275
2,275
150
43
43
106
28
246

Encumbered
Available
(as of 6/30) (as of 06/30)
56
56
56
3,264
3,264
2,770
494
-

(1,396)
11,094
8,802
2,860
5,942
2,292
1,603
614
75
8,821
(736)
(713)
(23)
9,557
7,233
(265)
3,113
(450)
(74)
5,919
4,529
0
600
3,929
1,390
211
318
(688)
502
547
1,000
(655)
179
(26)
425
425
425
25,570
23,296
23,296
2,275
2,275
150
43
43
106
28
246

Page 12 of 20

Page 103 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
572001-TRAVEL EXPENSES
573001-DUES/MEMBERSHIPS/SUB
24107-LIC - HEALTH
Personal Service
511009-INSPECTORS
511015-PUBLIC HEALTH NURSE
Non-Personal Service
530010-TESTING WATER
571002-MILEAGE
35001-BLUE HILLS REGIONAL VOCATIONAL
Non-Personal Service
569001-BLUE HILL SCH ASSESS
580000-CAPITAL OUTLAY
40001-DPW - ADMINISTRATION
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511004-ADMINISTRATIVE/ CLERICAL
512001-PART-TIME EMPLOYEES
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
530005-ADVERTISING
534001-TELEPHONE
534002-POSTAGE
534004-WIRELESS DEVICES
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549005-SAFETY SHOES
549006-CLOTHING ALLOWANCES
571001-MEETINGS/SEMINARS- IN STATE
573001-DUES/MEMBERSHIPS/SUB
40002-DPW - FACILITIES & EQUIP MAINT
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511004-ADMINISTRATIVE/ CLERICAL
511005-LABOR/CUSTODIANS/MECHANICS
512004-CASUAL EMPLOYEES
513001-OVERTIME
514003-LONGEVITY
514004-DRUG/ALCOHOL TESTING
Non-Personal Service
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
524001-RADIO REPLACEMENT
524003-OUTSIDE M/V REPAIRS
524006-EQUIPMENT REPAIR
524008-WELDING REPAIRS
534001-TELEPHONE

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

250
1,000
800
300
400
200
268,947
267,647
179,902
87,745
1,300
800
500
3,501,353
3,501,353
3,501,353
707,546
690,791
154,200
283,013
250,578
3,000
16,755
3,000
5,430
1,500
325
1,900
1,600
3,000
2,483,139
1,584,289
166,180
126,843
97,119
1,027,023
85,000
80,000
1,864
260
898,850
113,000
70,000
30,000
95,000
115,000
5,000

250
925
1,121
420
123
219
60
264,629
263,665
179,902
83,763
964
814
150
3,501,353
3,501,353
3,501,353
703,798
694,653
171,569
267,290
255,794
9,145
1,775
2,723
300
1,700
1,951
695
2,223,255
1,167,828
64,993
141,681
96,747
752,689
56,463
53,996
1,259
1,055,427
132,310
160,661
39,385
11
122,020
260,089
2,695

YTD Budget
vs Actual
75
(321)
(120)
277
(219)
140
4,318
3,982
3,982
336
(14)
350
0
0
0
3,748
(3,862)
(17,369)
15,723
(5,216)
3,000
7,610
1,225
2,707
1,500
25
200
(351)
2,305
259,884
416,461
101,187
(14,838)
372
274,334
28,537
26,004
605
260
(156,577)
(19,310)
(90,661)
(9,385)
(11)
(27,020)
(145,089)
2,305

Encumbered
Available
(as of 6/30) (as of 06/30)
54
54
54
515
515
107
408
25,338
25,338
16,743
2,702
101
4,205
82

75
(321)
(120)
277
(219)
140
4,264
3,982
3,982
282
(68)
350
0
0
0
3,233
(3,862)
(17,369)
15,723
(5,216)
3,000
7,094
1,117
2,299
1,500
25
200
(351)
2,305
134,547
316,461
1,187
(14,838)
372
274,334
28,537
26,004
605
260
(181,914)
(36,054)
(90,661)
(12,087)
(11)
(27,121)
(149,295)
2,223

Page 13 of 20

Page 104 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
534004-CELLPHONE
538007-CONTRACT SERVICES
542002-OFFICE SUPPLIES
543001-BUILDING REPAIRS
543002-VANDALISM REPAIRS
545001-CUSTODIAL SUPPLIES
548002-TIRES/TUBES
548005-PRESCRIPTION EYEGLASSES ALLOWA
548006-GASOLINE
548007-DIESEL FUEL
549005-SAFETY SHOES
549006-WORK CLOTHES
571001-MEETINGS/SEMINARS- IN STATE
571002-MILEAGE
573002-LICENSE FEES
545002-FURNITURE
40003-DPW - EQUIPMENT MAINT
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
524006-EQUIPMENT REPAIRS
548002-TIRES/TUBES
548006-GASOLINE
548007-DIESEL FUEL
40004-DPW - ENGINEERING
Personal Service
511002-DEPARTMENT HEAD
Non-Personal Service
530006-ENGINEERING SERVICES
40005-DPW - CONSTRUCTION ADMIN
Personal Service
511010-ENGINEERS
511012-ENGINEERS ON TRAFFIC
511018-ENGINEERING INTERN CASUAL
513001-OVERTIME
514003-LONGEVITY
515001-CAREER INCENTIVE
Non-Personal Service
527002-PHOTO COPY RENTAL
534004-CELLPHONE
538007-CONTRACT SERVICES
542002-OFFICE SUPPLIES
542005-ENGINEERING SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549005-SAFETY SHOES
549006-WORK CLOTHES
558011-DUPLICATING SUPPLIES
571001-MEETINGS/SEMINARS- IN STATE
573001-DUES/MEMBERSHIPS/SUB
40006-DPW - HIGHWAY
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511005-LABOR/CUSTODIANS/MECHANICS
511017-WORKING OUT OF GRADE
512001-PART-TIME EMPLOYEE
513001-OVERTIME
514003-LONGEVITY
514004-DRUG/ALCOHOL TEST
515001-CAREER INCENTIVE
Non-Personal Service
521008-LIGHTING
524010-TREE REMOVALS

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

15,000
40,000
4,000
180,000
30,000
35,000
4,500
100,000
50,000
5,100
6,250
500
500
171,262
116,262
116,262
55,000
55,000
162,839
151,664
148,849
1,000
1,515
300
11,175
5,000
1,775
1,650
500
650
700
300
600
1,439,171
1,004,796
104,514
811,182
1,000
10,000
75,000
1,500
1,000
600
434,375
55,000

16,382
17
170,479
484
21,424
515
59,454
55,436
3,300
5,000
452
655
4,658
160,363
114,928
114,928
45,435
45,435
105,918
87,347
81,742
5,605
18,571
12,619
908
3,727
300
700
317
1,302,619
971,613
89,599
764,205
20,030
95,679
2,100
331,006
52,194

(1,382)
40,000
3,983
9,521
29,516
13,576
3,985
40,546
(5,436)
1,800
1,250
48
(155)
(4,658)
10,899
1,334
1,334
9,565
9,565
56,921
64,317
67,107
1,000
(4,090)
300
(7,396)
(7,619)
867
(2,077)
500
350
300
283
136,552
33,183
14,915
46,977
1,000
(10,030)
(20,679)
(600)
1,000
600
103,369
2,806

Encumbered
Available
(as of 6/30) (as of 06/30)
36
1,468
8,565
8,565
8,565
46,143
46,143
46,143
130,041
130,041
47,806

(1,418)
40,000
3,983
8,053
29,516
13,576
3,985
40,546
(5,436)
1,800
1,250
48
(155)
(4,658)
2,334
1,334
1,334
1,000
1,000
10,778
64,317
67,107
1,000
(4,090)
300
(53,539)
(53,762)
867
(2,077)
500
350
300
283
6,511
33,183
14,915
46,977
1,000
(10,030)
(20,679)
(600)
1,000
600
(26,672)
(45,000)

Page 14 of 20

Page 105 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
530005-ADVERTISING
530012-POLICE DETAILS
538007-CONTRACT SERVICES
542002-OFFICE SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549005-SAFETY SHOES
549006-WORK CLOTHES
553003-PATCHING
553005-SIGNS
553006-STREET SURFACE TREAT
553007-HIGHWAY SUPPLIES
553009-LEAF MULCH EXPENSES
553010-GUARDRAIL REPLACEMENT
573001-DUES/MEMBERSHIPS/SUB
573002-LICENSE FEES
40007-DPW - DRAINS
Non-Personal Service
546010-STORMWATER COMPLIANCE
553002-DRAINS
40008-DPW - SIDEWALKS
Non-Personal Service
553004-SIDEWALK REPAIRS
40009-DPW - STREET LIGHTING
Non-Personal Service
521010-STREET LIGHTING
40010-DPW - TRAFFIC
Personal Service
511005-LABOR/CUSTODIANS/MECHANICS
514003-LONGEVITY
Non-Personal Service
521012-TRAFFIC SIGNAL MAINTENANCE
521013-TRAFFIC SIGNALS
521014-SCHOOL SIGNALS
548005-PRESCRIPTION EYEGLASSES ALLOWA
549005-SAFETY SHOES
549006-WORK CLOTHES
553001-ROADWAY MARKINGS
40011-DPW - SNOW & ICE
Personal Service
513001-OVERTIME
515006-MEAL ALLOWANCE
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
524010-TREE REMOVALS
538007-CONTRACT SERVICES
543001-ROOF SNOW REMOVAL & REPAIRS
546003-SAND
548006-GASOLINE
548007-DIESEL
553008-SALT
40012-DPW - ENV AFFAIRS & WASTE COLL
Personal Service
512004-CASUAL EMPLOYEES & SCHEDULE G
Non-Personal Service
529001-HAZARDOUS WASTE DISPOSAL
529004-HAZARDOUS WASTE COLLECTION
530004-CONSULTANTS
530005-ADVERTISING
534002-POSTAGE
538006-TRANSPORT-RECYCLING
538008-REFUSE COLLECTION
538010-RECYCLING PROCESSING

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

4,000
18,300
4,000
4,500
5,450
25,000
25,000
40,000
43,000
186,890
8,000
235
15,000
15,000
15,000
15,000
250,000
250,000
250,000
135,971
64,290
64,290
71,681
15,000
31,256
4,500
250
325
350
20,000
600,000
84,800
80,000
4,800
515,200
42,824
1,600
283,000
10,000
1,000
5,000
2,000
169,776
3,190,459
140,608
140,608
3,049,851
8,000
2,000
400
11,500
2,772,951
235,000

1,577
3,120
17,227
604
3,300
4,700
30,710
24,095
25,641
44,897
105,190
9,290
75
8,387
14,269
14,269
14,269
229,671
229,671
229,671
99,105
64,279
64,279
34,826
31,393
2,733
300
400
1,734,429
333,357
322,566
10,791
1,401,072
126,723
853,587
548
10,808
3,253
691
405,462
2,919,852
134,156
134,156
2,785,696
7,019
278
5,286
2,527,593
232,712

(1,577)
880
1,073
(604)
4,000
1,200
750
(5,710)
905
14,359
(1,897)
81,700
(1,290)
160
6,613
731
731
731
20,329
20,329
20,329
36,866
11
11
36,855
15,000
(137)
1,767
250
25
(50)
20,000
(1,134,429)
(248,557)
(242,566)
(5,991)
(885,872)
(83,899)
1,600
(570,587)
9,452
(9,808)
1,747
1,309
(235,686)
270,607
6,452
6,452
264,155
981
2,000
122
6,214
245,358
2,288

Encumbered
Available
(as of 6/30) (as of 06/30)
1,325
9,800
71,110
16,329
16,329
16,329
507
507
507
92
92
-

(1,577)
880
(252)
(604)
4,000
1,200
750
(5,710)
905
4,559
(1,897)
10,590
(1,290)
160
6,613
731
731
731
54,000
54,000
54,000
36,359
11
11
36,348
15,000
(643)
1,767
250
25
(50)
20,000
386
(248,557)
(242,566)
(5,991)
248,943
(83,899)
1,600
564,228
9,452
(9,808)
1,747
1,309
(235,686)
270,514
6,452
6,452
264,063
981
2,000
122
6,214
245,358
2,288

Page 15 of 20

Page 106 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
542001-PRINTING/ADVERTISING
542002-OFFICE SUPPLIES/COPIERS
542006-DROP-OFF CENTER SUPPLIES
40013-DPW - CEMETERY
Personal Service
511005-LABOR/CUSTODIANS/MECHANICS
511014-FOREMAN
512001-PART-TIME EMPLOYEE
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
524004-MOWER REPAIRS
524006-REPAIRS & MAINTENANCE
524009-SET MONUMENTS
538007-CONTRACT SERVICES
546001-FERTILIZERS/LIME
546003-LOAM/SAND/GRAVEL
546005-HARDWARE/PAINT
548003-PARTS & ACCESSORIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549005-SAFETY SHOES
549006-WORK CLOTHES
553013-CEMETERY REPAIRS
553014-CEMETERY LOT BUY BACK
558016-GRAVE SUPPLIES
573002-LICENSE FEES
40014-DPW - TOWN HALL MAINT
Non-Personal Service
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
543001-BUILDING REPAIRS
40015-DPW - REC & COMMUNITY EVENTS
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511004-ADMINISTRATIVE/ CLERICAL
514003-LONGEVITY
Non-Personal Service
521002-SOCIAL ACTIVITIES
521003-JULY 4TH FESTIVITIES
521004-JULY 4TH PARADE
521005-COMMUNITY EVENTS
524006-REPAIRS & MAINTENANCE
530003-DATA PROCESS COSTS
534002-POSTAGE
542002-OFFICE SUPPLIES
545001-CUSTODIAL SUPPLIES
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549005-SAFETY SHOES
549006-CLOTHING ALLOWANCE
571001-MEETINGS/SEMINARS- IN STATE
573001-DUES/MEMBERSHIPS/SUB
40016-DPW-SCHOOL CUSTODIAN SERVICES
Personal Service
510111-CAREER AWARD CUSTODIANS
510212-SAL CUST FLAHERTY ELMENTARY
510213-SAL CUST HIGHLANDS ELEMENTARY
510214-SAL CUST HOLLIS ELEMENTARY
510215-SAL CUST LIBERTY ELEMENTARY
510216-SAL CUST MONATIQUOT ELEMENTARY
510217-SAL CUST MORRISON ELEMENTARY

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

15,000
3,000
2,000
181,561
167,286
64,290
72,996
5,000
25,000
14,275
225
1,500
2,000
1,000
1,000
400
500
650
700
2,000
4,000
300
494,738
256,108
108,397
89,951
57,460
300
238,630
25,000
25,000
25,000
150,000
900
600
6,000
4,000
375
325
700
200
530
2,796,951
2,532,951
184,567
125,167
184,567
95,467
190,934

11,288
109
1,411
158,796
128,405
82,811
29,098
738
15,757
30,391
12,591
394
3,214
1,866
3,918
600
400
3,600
3,809
436,579
242,970
95,417
89,951
57,302
300
193,609
26,666
20,044
17,571
35,678
44,271
47,708
69
300
950
350
2,611,031
2,391,508
127,642
123,880
252,779
108,308
20,784
64,687

3,712
2,891
589
22,765
38,881
(18,521)
43,898
4,262
9,243
(16,116)
225
(12,591)
1,106
(3,214)
134
(2,918)
1,000
400
500
50
300
2,000
(3,600)
191
300
58,159
13,138
12,980
0
158
45,021
(26,666)
4,956
7,429
(10,678)
105,729
900
600
(41,708)
3,931
375
25
(250)
200
180
185,920
141,443
56,925
1,287
(68,212)
(12,841)
(20,784)
126,247

Encumbered
Available
(as of 6/30) (as of 06/30)
92
2,056
2,056
256
1,800
15,317
15,317
159
1,596
13,562
-

3,620
2,891
589
20,709
38,881
(18,521)
43,898
4,262
9,243
(18,172)
225
(12,847)
1,106
(3,214)
134
(4,718)
1,000
400
500
50
300
2,000
(3,600)
191
300
42,842
13,138
12,980
0
158
29,704
(26,825)
4,956
7,429
(12,274)
92,166
900
600
(41,708)
3,931
375
25
(250)
200
180
35,920
(8,557)
56,925
1,287
(68,212)
(12,841)
(20,784)
26,247

Page 16 of 20

Page 107 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
510218-SAL CUST ROSS ELEMENTARY
510221-SAL CUST EAST MIDDLE SCHOOL
510222-SAL CUST SOUTH MIDDLE SCHOOL
510231-SAL CUST BRAINTREE HIGH SCHOOL
510239-SAL CUST SUBSTITUES
510301-SCHOOL BUILDING CHECKS 1-5
510302-SCH BUILDING CHECKS 6-8
510303-SCH BUILDING CHECKS 9-12
510304-SCH CUST SHIFT DIFFERNTIAL 1-5
510305-SCH CUST SHIFT DIFFERNTIAL 6-8
510306-SCH CUST SHIFT DIFFERNTIAL9-12
510308-SCHOOL CUST OVERTIME 1-5
510309-SCHOOL CUST OVERTIME 6-8
510310-SCHOOL CUST OVERTIME BHS
510322-SAL CUST NEW SOUTH MID SCH
514003-SCH CUST LONGEVITY
Non-Personal Service
534004-SCHOOL WIRELESS DEVICES
538007-CUSTODIAL OUTSOURCING
549006-SCH CUST WORK CLOTHES
550508-SCH CUST EQUIPMENT REPAIR 1-5
550509-SCH CUST EQUIPMENT REPAIR 6-8
550510-SCH CUST EQUIPMENT REPAIR 9-12
550519-SCH CUST SUPPLIES ELEMENTARY
550525-CUST SUPPLIES MIDDLE SCHOOLS
550531-CUSTODIAN SUPPLIES
550619-BOILER CLNG ELEMANTERY SCHOOLS
550631-BOILER CLEANING
570600-CUST TRAVEL NON SALARY
40017-DPW-SCH MAINTENANCE DIVISION
Personal Service
510111-SCHOOL CAREER AWARDS
510203-SAL FACILITIES MANAGER
510300-SAL MAINTENANCE
510313-SAL MAINTENANCE OT
Non-Personal Service
520404-SCHOOL ELEVATOR SERVICE
520405-SCHOOL EMERGENCY GENERATOR
520406-SCHOOL SECUIRTY ALARMS
530019-NON-INSTRUCT SOFTWARE MAINTENA
538007-MAINTENANCE ENERGY SERVICE ESC
549006-MAINTENANCE CLOTHING
550500-ELECTRIC SUPPLIES
550502-HEATING/VENTILATION SUPPLIES
550505-SCHOOL PLUMBING SUPPLIES
550506-SCHOOL BUILDING REPAIRS
550507-SCHOOL VEHICLE REPAIRS
550511-SCHOOL EQUIPMENT REPAIR
550512-MAINTENANCE EQUIPMENT REPAIRS
550513-SCHOOL ASBESTOS MANAGEMENT
550515-SCHOOL FIRE ALARM INSPECTION
550516-SCHOOL FIRE EXTINGUISHERS
550520-SCHOOL SPRINKLERS
550521-SCHOOL TIME CLOCKS/ PA SYSTEM
40018-DPW - GROUNDS MAINTENANCE
Personal Service
511003-ASS'T DEPART HEADS
511005-LABOR/CUSTODIANS/MECHANICS
512002-PART-TIME EMPLOYEE
512004-CASUAL EMPLOYEES & SCHEDULE G
513001-OVERTIME
514003-LONGEVITY

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

125,167
314,164
775,465
30,000
40,000
23,000
7,246
35,000
25,000
31,960
45,000
25,000
45,000
188,997
41,250
264,000
4,000
15,000
245,000
1,381,115
603,615
97,119
476,496
30,000
777,500
35,000
10,000
50,000
32,000
70,000
2,000
40,000
160,000
40,000
235,000
5,000
28,500
20,000
30,000
20,000
742,004
628,224
94,373
408,851
20,000
30,000
75,000
-

24,489
390,216
36,271
650,337
54,808
26,169
6,337
16,596
9,452
22,688
62,176
3,826
28,502
338,811
22,750
219,523
219,523
1,372,296
537,174
92,694
412,119
32,361
835,122
13,050
22,287
23,115
76,792
6,937
21,025
270,734
68,850
309,448
350
1,575
13,560
800
6,600
641,474
487,995
93,345
279,451
7,082
16,392
91,724
-

100,678
(76,052)
(36,271)
125,128
(24,808)
13,831
16,663
7,246
18,404
15,548
9,272
(17,176)
21,174
16,498
(149,814)
18,500
44,477
4,000
15,000
25,477
8,819
66,441
4,425
64,377
(2,361)
(57,622)
21,950
10,000
27,713
8,885
(6,792)
(4,937)
18,975
(110,734)
(28,850)
(74,448)
4,650
26,926
6,440
29,200
20,000
(6,600)
100,531
140,230
1,028
129,399
12,918
13,608
(16,724)
-

Encumbered
Available
(as of 6/30) (as of 06/30)
14,436
14,436
10,352
119
3,965
10,409
-

50,678
(76,052)
(36,271)
125,128
(24,808)
13,831
16,663
7,246
18,404
15,548
9,272
(17,176)
21,174
16,498
(149,814)
18,500
44,477
4,000
15,000
25,477
59,382
131,441
4,425
129,377
(2,361)
(72,059)
21,950
10,000
17,361
8,885
(6,792)
(4,937)
18,856
(110,734)
(28,850)
(78,413)
4,650
26,926
6,440
29,200
20,000
(6,600)
37,822
90,230
1,028
79,399
12,918
13,608
(16,724)
-

Page 17 of 20

Page 108 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
Non-Personal Service
524006-REPAIRS & MAINTENANCE
538007-CONTRACT SERVICES
546001-FERTILIZERS/LIME
546003-LOAM/SAND/GRAVEL
546004-SEED
546005-HARDWARE/PAINT
546007-PESTICIDES
546008-TOWN TREES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549005-SAFETY SHOES
549006-WORK CLOTHES
558011-SUPPLIES
573002-LICENSE FEES
585000-MACHINERY AND EQUIPMENT
40019-DPW-SCH UTILITY
Non-Personal Service
521009-NATURAL GAS
521011-ELECTRICITY
523001-WATER/SEWER
534001-TELEPHONE
548006-GASOLINE
40020-DPW - SUMMER PROGRAMS
Personal Service
512005-SUMMER PART-TIME EMPLOYEES
40021-DPW - BRA-WEY RECREATION
Non-Personal Service
569002-BRA-WEY REC ASSESSMENT
54101-ELDER AFFAIRS - ADMIN
Personal Service
511002-DEPARTMENT HEAD
511004-ADMINISTRATIVE/ CLERICAL
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
521002-SOCIAL ACTIVITIES
534002-POSTAGE
542001-PRINTING/FORMS
542002-OFFICE SUPPLIES
542004-COPIER TONER SUPPLIES
548005-PRESCRIPTION EYEGLASSES ALLOWA
549006-CLOTHING ALLOWANCE
571002-MILEAGE
578018-COA ADMIN - ENCUMBRANCES
54102-ELDER AFFAIRS- EQUIP MAINTENAN
Personal Service
511005-LABOR/CUSTODIANS/MECHANICS
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
548005-PRESCRIPTION EYEGLASSES ALLOWA
548006-GASOLINE
549005-SAFETY SHOES
549006-WORK CLOTHES
54103-ELDER AFFAIRS - BLDG MAINT
Non-Personal Service
521007-FUEL OIL
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
534001-TELEPHONE
543001-BUILDING REPAIRS
61001-LIB - ADMINISTRATION

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

113,780
25,000
25,000
5,000
25,000
10,000
15,000
1,750
1,950
2,300
2,300
480
2,020,000
2,020,000
820,000
1,025,000
175,000
200,000
200,000
200,000
233,141
233,141
233,141
236,531
217,334
104,515
112,233
586
19,197
12,000
250
500
2,667
1,200
530
1,500
550
76,501
65,376
65,376
11,125
4,200
265
5,585
325
750
24,146
24,146
9,578
7,000
1,600
2,022
3,946
270,600

153,479
46,065
330
25,084
18,368
1,512
19,676
164
15,000
250
1,200
1,900
23,576
354
2,039,268
2,039,268
1,067,401
857,730
114,137
200,000
200,000
200,000
232,989
232,989
232,989
235,443
220,932
104,515
116,277
141
14,511
7,897
250
984
2,667
1,200
700
796
17
71,763
65,517
65,517
6,246
2,626
2,919
300
400
18,530
18,530
10,122
4,273
1,600
1,288
1,248
269,868

(39,699)
(46,065)
(330)
(84)
6,632
3,488
5,324
9,836
1,500
750
400
(21,276)
126
(19,268)
(19,268)
(247,401)
167,270
60,863
152
152
152
1,087
(3,599)
(0)
(4,043)
445
4,686
4,103
(484)
530
800
(246)
(17)
4,738
(141)
(141)
4,879
1,574
265
2,665
25
350
5,616
5,616
(544)
2,727
734
2,698
732

Encumbered
Available
(as of 6/30) (as of 06/30)
10,409
7,674
735
2,000
19,047
19,047
19,047
4,991
4,991
3,551
1,440
-

(52,408)
(46,065)
(330)
(7,758)
6,632
2,753
3,324
9,836
1,500
750
400
(23,576)
126
211,685
211,685
2,599
167,270
41,816
152
152
152
1,087
(3,599)
(0)
(4,043)
445
4,686
4,103
(484)
530
800
(246)
(17)
4,738
(141)
(141)
4,879
1,574
265
2,665
25
350
624
624
(544)
(824)
734
1,258
732

Page 18 of 20

Page 109 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
Personal Service
511002-DEPARTMENT HEAD
511003-ASS'T DEPART HEADS
511004-ADMINISTRATIVE/ CLERICAL
513001-OVERTIME
514003-LONGEVITY
Non-Personal Service
534002-POSTAGE
542001-PRINTING/FORMS
548005-PRESCRIPTION EYEGLSS ALLOWANCE
549006-CLOTHING ALLOWANCE
558012-LIBRARY SUPPLIES
571002-MILEAGE
61002-LIB - BUILDING MAINT
Non-Personal Service
521008-LIGHTING
521009-NATURAL GAS
523001-WATER/SEWER
524002-EQUIPMENT MAINTENANCE
534001-TELEPHONE
543001-BUILDING REPAIRS
61003-LIB - EQUIPMENT MAINT
Non-Personal Service
524003-OUTSIDE M/V REPAIRS
548006-GASOLINE
61004-LIB - TECHOLOGY
Non-Personal Service
530003-DATA PROCESS COSTS
61005-LIB - CURRENT TOPICS & TITLES
Personal Service
511011-LIBRARIANS
512004-CASUAL EMPLOYEES & SCHEDULE G
513001-OVERTIME
513003-EXTRA HOURS
513004-EXTENDED HOURS
514003-LONGEVITY
514006-SHIFT DIFFERENTIAL
Non-Personal Service
534002-POSTAGE
548005-PRESCRIPTION EYEGLSS ALLOWANCE
558012-LIBRARY SUPPLIES
558018-LIBRARY MATERIALS
61006-LIB - LIFELONG LEARNING
Personal Service
511011-LIBRARIANS
513001-OVERTIME
513003-EXTRA HOURS
514003-LONGEVITY
514006-SHIFT DIFFERENTIAL
Non-Personal Service
548005-PRESCRIPTION EYEGLASSES ALLOWA
558012-LIBRARY SUPPLIES
558018-LIBRARY MATERIALS
61007-LIB - COMMUNITY COMMONS
Non-Personal Service
527002-PHOTO COPY RENTAL
542001-PRINTING/FORMS
558012-LIBRARY SUPPLIES
573001-DUES/MEMBERSHIPS/SUB
96000-TRANSFERS OUT
Transfer
596301-TRANSFER TO CPF

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

269,335
121,969
86,587
60,779
1,265
565
650
50
83,250
83,250
56,000
15,000
5,250
7,000
57,000
57,000
57,000
1,052,224
871,574
795,704
29,754
2,000
6,884
37,232
180,650
50
1,000
9,000
170,600
165,698
148,348
141,264
2,300
4,784
17,350
350
500
16,500
7,600
7,600
6,000
1,000
600
82,316,651
82,316,651
-

268,545
121,504
86,587
60,454
1,323
265
650
408
83,205
83,205
59,616
13,464
5,158
4,966
56,763
56,763
56,763
1,039,700
847,339
779,132
26,831
263
8,917
87
7,339
24,770
192,361
312
705
7,174
184,170
163,705
145,660
139,045
387
3,108
3,121
18,045
600
496
16,949
6,430
6,430
4,867
1,563
82,316,651
82,316,651
-

790
465
(0)
325
(58)
300
(358)
45
45
(3,616)
1,536
92
2,034
237
237
237
12,524
24,235
16,572
2,924
(263)
(6,917)
(87)
(455)
12,462
(11,711)
(262)
296
1,826
(13,570)
1,992
2,687
2,218
(387)
(808)
1,663
(695)
(250)
4
(449)
1,170
1,170
1,133
1,000
(963)
-

Encumbered
Available
(as of 6/30) (as of 06/30)
337
337
337
554
554
554
-

790
465
(0)
325
(58)
300
(358)
45
45
(3,616)
1,536
92
2,034
237
237
237
34,887
46,935
39,272
2,924
(263)
(6,917)
(87)
(455)
12,462
(12,048)
(262)
296
1,489
(13,570)
6,292
6,987
6,518
(387)
(808)
1,663
(695)
(250)
4
(449)
616
616
580
1,000
(963)
-

Page 19 of 20

Page 110 of 112

Fund 0001 FY2026
Q4 Update
Budget to Actual Detail

Program / Category / Account
596401-TRANSFER TO SCH OPERATING FUND
596402-TRANSFER TO SCH SALARY RESERVE
596801-TRANSFER TO TRUST FUND
Grand Total

FY2026 Budget
(12 month)

Budget YTD
(12 mos.)

Actuals YTD
(12 mos.)

YTD Budget
vs Actual

80,966,651
1,350,000
175,666,345

80,966,651
1,350,000
173,284,480

2,381,866

Encumbered
Available
(as of 6/30) (as of 06/30)
527,697

2,501,683

Page 20 of 20

Page 111 of 112

039 26

Braintree Resolution in Support of Massachusetts “Medicare for All”
Whereas: access to health care is a fundamental human need, essential to the
dignity, stability, and well-being of every resident in our community;
Whereas: the U.S. remains one of the few countries that does not provide universal publicly
funded health care; and
Whereas: the rising cost of health care places an unsustainable burden on individuals, families,
and communities; and
Whereas: as the number of residents without affordable access to quality health care grows, the
health of our communities declines; and
Whereas: escalating insurance premiums, co-pays, and deductibles strain both employers and
employees, limiting economic security and access to needed care;
Whereas: municipalities like Braintree bear a disproportionate share of employee health
care costs — funds that could otherwise support wages, services, and community
investment;
Whereas: Massachusetts has long led the nation in expanding access to quality health
care for its residents; and
Whereas: there is a proven single payer system for providing comprehensive health
coverage, without co-pays and deductibles, and includes medical, dental, long-term, and
preventative care; and
Whereas: An Act Establishing Medicare for All in Massachusetts, introduced as
H1405 and S860, would establish that system; and
Whereas: this Act would save the Town of Braintree an estimated ___ million
dollars in the first year alone;

Therefore, be it resolved:
That the Town of Braintree endorses An Act Establishing Medicare for All in
Massachusetts and will communicate its support to State Representative Mark Cusack,
Senator John Keenan, and Senator Bill Driscoll.
Submitted by Councilor Elizabeth Maglio, April 2026

Page 112 of 112

040 26
Refer to the Committee on Community Planning
• 040 26 Councilor Maglio: Status of Braintree school reorganization or take up any action
relative thereto
Update from the mayor’s office:
I reached out to the School Committee regarding the agenda item, "Status of Braintree school
reorganization" (which I assume is referencing the proposed school consolidation plan).This item
has been tabled for the time being, pending upcoming decisions from the Massachusetts School
Building Authority (MSBA). In the meantime, the Facilities subcommittee will be taking it up for
review. I don't think there are any other updates to share.
Follow-up from the mayor’s office:
The subcommittee is meeting next week for the first time, date is TBD. The School Dept. does not
anticipate any decisions being made prior to a decision by the MSBA Board of Directors meeting
in November and decisions coming from them in December. The Facilities Subcommittee – which
is a new committee & has not met yet – will be tasked with having in-depth conversations about
our school buildings and making recommendations to the full committee.
Chair Rollo suggested that it may be beneficial for Councilor Maglio to review the discussion from
the last School Committee meeting. During that meeting, the MSBA SOI was addressed, and brief
updates were provided regarding school consolidation and the next steps for the master plan.

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