Session Laws

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

SECTION 1. The municipal council of the city of Taunton is hereby authorized, without taking any other preliminary steps and without seeking bids or proposals, and notwithstanding the provisions of any general or special law to the contrary, to execute and deliver in the name and on behalf of said city of Taunton one or more instruments to lease a certain parcel of land located in said city of Taunton to a nonprofit educational corporation organized under the laws of the commonwealth whose principal place of business is located within the city of Taunton and which qualifies to operate a head start program under Public Law 97-35 of the United States Code in compliance with the educational objectives of such program. Said parcel of land is shown on a plan by Bay Colony Surveying, Inc., dated October 2, 1990 entitled "Plan of Land in Taunton, MA To Be Leased For Head Start Facility.", which is on file with said city.

The lease shall be for a period to be determined by said municipal council not to exceed twenty-five years, and may provide for an extension of the said lease for two consecutive terms of up to ten years each, provided, however, that any such extension shall be subject to the approval of said municipal council. The consideration for the said lease shall be the lessee's agreement to staff, operate, and conduct a head start childhood program in accordance with the educational objectives and guidelines set forth in the regulations therefor and in section three, which program shall be for the benefit of children residing within the city of Taunton and surrounding communities otherwise qualifying for enrollment therein. The lease shall provide that the lessee shall indemnify the city for all claims, demands, actions, and lawsuits resulting from the condition of the leased premises and shall contain such other clauses defining the rights and duties of the parties thereto as the city and the lessee may agree. Before executing the lease, it shall be submitted to the inspector general for his review and comments. The inspector general shall within fifteen days of receipt of the lease provide the city with his written comments and recommendations, if any.

A comprehensive general liability insurance policy issued by a company or companies licensed in the commonwealth and acceptable to the city shall be purchased and maintained by the lessee and shall list the city as insured against personal injuries and property damage occurring as a result of any condition of the leased premises. Said policy limits shall be as required by the city and shall be no less than one million dollars per person and three million dollars per occurrence.

The lessee shall cause to be erected at the lessee's costs on the leased premises such buildings, fixtures, and improvements as shall be necessary for said head start program. The design and construction of any such buildings, fixtures, and improvements shall not be deemed a public building or public work for the purposes of chapters seven, thirty B, and one hundred and forty-nine of the General Laws. Plans for all buildings, fixtures, and improvements shall first be submitted to said municipal council and to the school committee of said city for approval prior to any construction. In like manner, any alteration, additions, or demolition of buildings, improvements, or fixtures shall require the prior written approval of said municipal council and said school committee.

The premises, buildings, and improvements shall not be subject to municipal assessment or taxation, but the lessee shall be responsible for and pay for all utilities.

The lease shall contain appropriate restrictions prohibiting discrimination by the lessee, contractors, employees, or other persons dealing with the lessee with respect to the leased portions of the property described herein on the basis of race, creed, color, sex, age, national origin, religion, physical or mental handicap, political application, or inability to speak or understand the English language.

The lessee shall not lease, sublease or convey any interest in the land or buildings, fixtures and improvements thereon without prior written approval of said municipal council. Any such disposition shall be subject to the provisions of chapter thirty B of the General Laws as they would apply to a governmental body, and section forty J of chapter seven of the General Laws. The lease described herein shall contain language which shall set forth in detail the uses and activities permitted on the leased premises. Said school committee shall have first refusal for use of the premises or any part thereof when not utilized or otherwise required by said head start program.

SECTION 2. Said head start program shall provide early childhood activities for children ages three and four residing in the city of Taunton and surrounding communities. The program shall be designed to meet the following objectives:

(1) The improvement of the child's health and physical abilities, including appropriate steps to correct present physical and mental problems and to enhance every child's access to an adequate diet. The improvement of the family's attitude toward future health care and physical abilities.

(2) The encouragement of self-confidence, spontaneity, curiosity, and self-discipline which will assist in the development of the child's social and emotional health.

(3) The enhancement of the child's mental processes and skills with particular attention to conceptual and communications skills.

(4) The establishment of patterns and expectations of success for the child, which will create a climate of confidence for present and future learning efforts and overall development.

(5) An increase in the ability of the child and the family to relate to each other and to others.

(6) The enhancement of the sense of dignity and self-worth within the child and his family.

The program shall accommodate a minimum of one hundred and fifty students and shall provide a well-balanced program that supports the development needs of all children served, including the following:

(a) a reasonable regularity in routine, with sufficient flexibility to respond to the needs of individual children;

(b) opportunity for a child to have a free choice among a variety of activities or to play alone or with one or several chosen peers if desired for at least two periods a day for full-day centers; and one period a day for half-day centers;

(c) daily indoor and outdoor time periods, weather permitting, which include both small and large musical activities;

(d) opportunities for the child to participate in a variety of creative activities, such as art, music, literature, dramatic play, and science;

(e) provision for privacy through arranging a small, quiet area that is inviting to children and is easily accessible to the child who seeks or needs time alone;

(f) experiences which are in harmony with the life style and cultural background of the children enrolled. Cultural diversity shall be reflected through the incorporation of different language, foods, celebrations, activities, and life style where appropriate;

(g) opportunity for infants and toddlers to crawl freely for the major part of the day, with certain times specified for individual talking to, handling, and playing with by the assigned teacher;

(h) opportunities for all children to learn self-help skills such as dressing and undressing, buttoning, tying shoes, and using eating utensils appropriately.

SECTION 3. The lessee shall be responsible for the maintenance of the premises and for construction of a facility with minimum capacity for one hundred and fifty students. Said facility shall be constructed to meet the regulatory requirements of licensing by the office for children and all other applicable building code requirements, and all agencies regulating the operation and funding of said head start program. The lessee shall pay for constructing the facility, maintaining the building and property, and providing head start programming and staffing.

Prior to the construction of any building, the lessee shall provide the city of Taunton with the detailed components of said head start program, its hours of operation, resumes of all staff, and financial statements which shall include the following: previous two-year audited statements and operating budgets, revenue projections, and evidence of committed financing for building construction. Said city may agree to be the guarantor of any construction or development loan negotiated by the lessee. Upon the termination of the lease and any extension thereof, the premises and all buildings, improvements, and fixtures thereon shall be the property of said city. In the event of a default by the lessee, said city may at its option terminate the lease and may take over possession of all or any part of the leased premises.