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 city of Leominster may enter into a contract or contracts for the lease, operation and maintenance, design and construction of modifications, and installation of new equipment and systems necessary to ensure the ability of said city's water and wastewater treatment facilities to operate in full compliance with all applicable requirements of federal, state and local law; provided, however, that such contract or contracts shall not be subject to the competitive bid requirements set forth in sections thirty-eight A> to thirty-eight O, inclusive, of chapter seven, section thirty-nine M of chapter thirty, or section forty-four A to forty-four J, inclusive, of chapter one hundred and forty-nine of the General Laws; provided, further, that said contract shall be awarded pursuant to the provisions of chapter thirty B of the General Laws.

SECTION 2. (a) Notwithstanding the provisions of any general or special law to the contrary, any such contract or contracts may provide for a term, including any option for renewal or extension, not exceeding twenty years and may further provide that said city of Leominster shall not be exempt from liability thereon, subject to a majority vote of the city council.

(b) Any contract or contracts entered into pursuant to this act may provide for such activities as may be deemed necessary to carry out the purposes authorized herein, including, but not limited to, equipment purchase, equipment installation and replacement, performance testing and operation, studies, design and engineering work, construction work, ordinary repairs and maintenance, and the furnishing of all related material, supplies and services required for the water and wastewater treatment facilities and the management, operation, maintenance and repair of said city's water and wastewater treatment facilities and related pump stations.

(c) The city may, in carrying out the purposes of this act, incur debt for any purpose authorized herein, subject to a two-thirds vote of the city council. Indebtedness incurred under this act shall not be included in determining the limit of indebtedness of said city under section ten of chapter forty-four of the General Laws but, except as provided herein, shall otherwise be subject to the provisions of said chapter forty-four.

SECTION 3. Any contract awarded pursuant to this act shall be subject to such terms and conditions as the mayor shall determine to be in the best interests of the city of Leominster.

SECTION 4. Prior to execution of a contract or contracts pursuant to this act, the selected offeror shall furnish to said city of Leominster a performance bond and a payment bond, each in the sum of the contract price and issued by a surety company licensed by the division of insurance and satisfactory to the city.

SECTION 5. This act shall take effect upon its passage.