Posts tagged "Emergency"

Fortress, Inc. v. Massachusetts Emergency Management Agency (Lawyers Weekly No. 09-025-17)

COMMONWEALTH OF MASSACHUSETTS
SUFFOLK, ss. SUPERIOR COURT
CIVIL ACTION
No. 2014-3904 BLS 1
FORTRESS, INC.
vs.
MASSACHUSETTS EMERGENCY MANAGEMENT AGENCY
MEMORANDUM AND ORDER ON DEFENDANT’S MOTION FOR SUMMARY
JUDGMENT
The sole theory of defendant’s motion for summary judgment is that plaintiff, Fortress,
Inc., did not qualify for special consideration of its bid for a contract because its principal place
of business was not in Massachusetts. If Fortress did not qualify for special consideration, its
claim for breach of contract against defendant, Massachusetts Emergency Management Agency
(“MEMA”), based on losing the bid, fails.
Whether Fortress’s principal place of business was in Massachusetts is the subject of
approximately 25 numbered paragraphs of the parties’ Joint Statement of Undisputed Facts
(“JSUF”). Notwithstanding the title of the JSUF suggesting that the facts are undisputed, at least
15 of those paragraphs are expressly disputed, either by MEMA or by Fortress. Thus, the issues
before the court are (a) whether the disputed paragraphs of the JSUF are properly supported as
required under Superior Court Rule 9A, and (b) whether the existence of the dispute is material
such that summary judgment must be denied.
This case arises out of a dispute between Fortress and MEMA regarding a Request for
Responses (“RFR”) issued by MEMA in May 2014. The RFR solicited bids to provide Standard
1
Operating Procedure manuals for the Commonwealth’s emergency operations centers. The RFR
indicated that it was targeted to solicit bids from small businesses participating in the
Commonwealth’s Small Business Purchasing Program (“SBPP”). The RFR stated that MEMA
intended “to evaluate bid responses from and to award a contract to a SBPP-participating
business(es) who submit a bid that meets or exceeds the solicitation criteria only.” If no SBPP
qualified vendors submitted a responsive bid, MEMA reserved the right to award the contract to
a non-SBPP business.
Fortress submitted a bid to the RFR as a SBPP qualified vendor. Fortress had previously
registered as a SBPP qualified vendor through an online form on the website of the
Commonwealth’s Operational Services Division (“OSD”). MEMA, however, awarded the
contract to a different vendor who was not qualified as a SBPP vendor. MEMA determined that
Fortress was not qualified as a SBPP vendor because its principal place of business was not in
Massachusetts. When Fortress’s bid was evaluated as a non-SBPP bid, it scored lower than the
winning bid of a different non-SBPP vendor.
MEMA moves for summary judgment on the single ground that Fortress did not qualify
as a SBPP vendor. Absent such qualification, MEMA argues that Fortress’s claim fails. The
reason Fortress does not qualify, according to MEMA, is because Fortress’s principal place of
business was not in Massachusetts.
The SBPP was established in 2010 by Executive Order No. 523. According to the
Executive Order, the purpose of the SBPP is “to support the existence and growth of small
businesses which meet the [SBPP]’s eligibility requirements by providing them with special
consideration within the Commonwealth’s procurement process for goods and services required
2
by state agencies.” The Executive Order authorized OSD to adopt and enforce policies to define
the parameters of the SBPP, including qualifying guidelines and definitions. OSD published
criteria for qualification that included, among other things, that the business have “its principal
place of business in Massachusetts.” According to testimony offered by MEMA, in May 2014,
OSD published a glossary of terms that defined “principal place of business” as “the location of
the head office of a business where the books are kept and/or management works.” MEMA,
however, did not provide for the record the publication in which the glossary allegedly appears.
Fortress disputes that OSD’s definition was published or in effect when Fortress applied for and
was listed as a SBPP vendor. According to the testimony of the CEO of Fortress, when Fortress
applied for SBPP certification he understood that the term “principal place of business” meant
“where the corporation’s books and records were kept or where the major decisions, business
decisions are made.”
While the definition of principal place of business is in dispute, the dispute is not
material. Both definitions are stated in the disjunctive. That is, both definitions reference where
the books of the company are kept or where either “management works” or “where the major
decisions are made.” Thus, if the jury concludes that Fortress’s management works in
Massachusetts or makes major decisions here, it would be justified to conclude that in 2014, at
the time of the bid, the principal place of business of Fortress was in Massachusetts.
MEMA concedes that the CEO of Fortress, Mr. Samano, testified that in 2014,
approximately 95% of Fortress’s business was in Massachusetts. JSUF ¶41. Yet MEMA disputes
JSUF ¶46, – – the statement by Fortress that “Ninety-five percent of Fortress’ business takes
place in Massachusetts or concerns Massachusetts-based clients.” MEMA disputes that statement
3
because “[t]he phrases “business takes place” or “concerns Massachusetts-based clients” are
vague characterizations, not fact.” Upon review, I find that JSUF ¶ 46 reflects precisely the
testimony of Mr. Samano regarding the facts of his business in 2014. MEMA offers no evidence
to the contrary.
It is true, as MEMA points out, that in 2014, Fortress was a Texas corporation with a
corporate headquarters in Mr. Samano’s home in Round Rock, Texas. The officers of Fortress,
Mr. Samano and his wife, lived in Texas. Fortress’s bank account was established through a
Texas address. But it is also true that in 2014, Fortress had an office in Massachusetts in an
employee’s home. Fortress had employees in Massachusetts and paid Massachusetts payroll
taxes. All of Fortress’s clients, with the exception of one, were Massachusetts state or local
agencies or private companies. Perhaps most relevant to the conclusion that a dispute exists with
respect to a material fact is the testimony by Mr. Samano. He testified that as the manager of
Fortress he worked in Massachusetts and made the major business decisions of the company in
Massachusetts. MEMA offers no testimony to the contrary.
In sum, there exists a genuine issue in dispute over the key factual question of MEMA’s
motion: Was Fortress’s principal place of business in Massachusetts, as defined or understood by
the parties? Consequently, MEMA’s motion for summary judgment is DENIED.
By the Court,
Edward P. Leibensperger
Justice of the Superior Court
4
Date: October 13, 2017
5 read more

Read more...

Posted by Massachusetts Legal Resources - November 3, 2017 at 11:02 am

Categories: News   Tags: , , , , , , , ,

Emergency Drill To Be Conducted at BU Biolab

Next week, officials from Boston University will be testing the safety and emergency measures at the Albany Street biolab for emerging infectious diseases in the South End. 

Starting at 9 a.m. on June 13, BU will conduct a full-scale emergency response drill for laboratory employees, researchers, BU public safety, Boston EMS, Boston Fire, Boston Police and the Boston Public Health Commission at the 620 Albany Street biolab. 

The drill will “simulate a security incident,” according to a statement from Boston University. 

BU said the drill will have no effects on the neighborhood, or impact on traffic in the South End, although neighbors will see many local police, fire and other emergency response vehicles on scene. 

The lab was built four years ago, but has been tied up in legal and other battles over whether or not the lab would be allowed to research the deadly infectious substances it was built to study.  read more

Read more...

Posted by Massachusetts Legal Resources - June 5, 2013 at 10:28 am

Categories: Arrests   Tags: , , ,

BMC Emergency Room Wait Times Comparable to Other Boston Hospitals

Which Boston emergency room is the most efficient? It depends on what you mean, according to data released by the Center for Medicare & Medicid Services.

At the South End’s Boston Medical Center, the average time patients spent in the emergency department before they were seen by a healthcare professional was 18 minutes, which is much quicker than the state and national averages of 40 and 30 minutes, but but longer than the wait at Mass. General, which is 10 minutes.  

Of those patients, the average time patients spent in the BMC emergency department before being sent home was 181 minutes, compared to the state average of 152 minutes and the national average of 140 minutes. 

Finally, the average time patients spent in the BMC emergency department, before they were admitted to the hospital as an inpatient was 280 minutes, compared to the state average of 311 minutes and the national average of 277 minutes.  read more

Read more...

Posted by Massachusetts Legal Resources - March 12, 2013 at 8:02 pm

Categories: Arrests   Tags: , , , , , ,

Chart: Compare Boston Emergency Room Wait Times

Surgery Room

Boston’s famous for its medical facilities, several of which offer emergency care. But anyone who’s gone to the ER in the city knows it can take a while before you get back home.

The chart above compares various emergency room wait times in Boston. The data used comes from the center for Medicare & Medicaid Center’s Hospital Compare web site.

Learn more about the Medicare data used in this chart.

SOUTH END PATCH: Facebook | Twitter | E-mail Updates

South End Patch

Read more...

Posted by Massachusetts Legal Resources - March 12, 2013 at 6:28 pm

Categories: Arrests   Tags: , , , , , ,

Boston Snow Emergency Parking Ban Remains in Effect

One of the many plows out clearing local roads.

Boston’s parking ban on major roads throughout the city will remain in effect, the mayor announced on Saturday afternoon. 

“We’re halfway there,” Mayor Menino said. “Our crews have been out there, non-stop, and our residents have listened to the early warnings to stay home and stay off the roads. We’re not out of the woods yet. Right now, it’s critical that residents continue to work with us and let the crews have full access to the streets.”

You can see the streets that are banned from parking in the South End neighborhood here. 

The city said public works crews are out in full force, but it will take significant time, even after the snow stops this afternoon, to clear every roadway.

The city also said it is vital that residents continue to stay off the roads and let the process run its course.

Boston Snow Facts

Boston Public Works has nearly 600 pieces of equipment on city streets

1,350 tons of salt had been spread as of 7 a.m. Saturday, with much more salt being dumped as plowing progresses and the snowfall slows

Boston Police, Fire, and EMS continue to have additional staff and vehicles on duty

As of 7:45 a.m., NStar reported that 9 customers are without power citywide

As of 9 a.m., there were no roads blocked due to downed trees

If you see any problems in your neighborhood, you can report it to the mayor’s hotline at 617-635-4500 read more

Read more...

Posted by Massachusetts Legal Resources - February 9, 2013 at 6:40 pm

Categories: Arrests   Tags: , , , , ,

Things to Know in the South End Today, Feb. 8: Snow Emergency at Noon, MBTA Shuts Down at 3:30 p.m.

Bill Hamlett cleaned nearly 15 inches of snow off his car.

1. Weather: On Thurday night, Friday’s storm was upgraded to a blizzard warning, and at least two feet of snow is expected in this area. The storm will start on Friday morning and will hit peak intensity starting Friday afternoon into Friday night. See here for the latest forecast.

2. MBTA To Shut Down: All bus, subway commuter rail and other services will be suspended starting at 3:30 p.m. on Friday. Regular MBTA service will operate “with significant delays” from the start of service Friday until the 3:30 p.m. cutoff. See here for more info. 

3. Snow Emergency Parking: A snow emergency will begin at noon in Boston. Here’s a list of the streets you cannot park on, and a link to the nearby garages in the South End that are offering parking specials. The governor is urging residents to be off the road by noon Friday. 

4.  Cancelling a weekend event? Or is your store or business closing early on Friday? Let me know at sara.jacobi@patch.com and I can update the neighborhood. You can also reach out through Facebook and Twitter read more

Read more...

Posted by Massachusetts Legal Resources - February 8, 2013 at 11:05 am

Categories: Arrests   Tags: , , , , , , , , , , ,

Boston Snow Emergency Parking in the South End

Know important phone numbers to call when snow starts falling.

In case of a snow emergency, make sure you know where you can and can’t park so you don’t end up with an expensive ticket and a trip to a tow lot to claim your car.  

Do I have to move my car?

Not sure if you’re parked on a snow artery? Here’s a full list of the streets in the South End you can’t park on during a snow emergency:

  • Albany Street
  • Berkeley Street
  • Clarendon Street (from Beacon Street to Tremont Street)
  • Columbus Avenue
  • Dartmouth Street (from Beacon Street to Tremont Street)
  • East Berkeley Street
  • Harrison Avenue
  • Herald Street
  • Massachusetts Avenue
  • Northampton Street
  • Tremont Street
  • Washington Street
  • See here for a full list of restricted streets in the “downtown” area. 
  • See here for alternative parking locations listed for South End residents.

Parking Restrictions

The city website also offers this Do and Don’t list for parking during a snow emergency. Click here for the full parking regulations:

DO

  • Remove disabled cars blocking roadways as soon as possible.
  • Make your resident parking sticker visible within 24 hours after the end of a storm.
  • Park in discount garages in your neighborhood with valid resident parking sticker visible. Arrive up to two hours prior to the start of the snow emergency and leave two hours after the emergency is lifted; otherwise you will be  subject to standard parking rates.
  • Follow all other parking regulations during snow emergencies; they will be strictly enforced. Parking meters remain in effect.
  • Follow winter weather driving tips.

DON’T

  • Park on a posted snow emergency artery during a declared emergency. You will be ticketed and towed.
  • Use space savers more than 48 hours after a snow emergency has been lifted.
  • Park within 20 feet of an intersection or further than 1 foot from the curb.
  • Park in crosswalks or in front of fire hydrants or ramps.
  • Park in front of driveways or extend your car from the driveway over the sidewalk or street.

Important numbers

The city also listed several numbers to keep handy during storms:

Emergencies (Police, Fire, EMS): 911

Mayor’s Hotline (24-Hrs): 617-635-4500

ABCD Fuel Assistance: 617-357-6012

Boston Water & Sewer: 617-989-7000

Consumer Complaints: 617-635-3834

DCR Storm Desk: 617-727-1680

Elderly Commission: 617-635-4366

Inspectional Services: 617-635-1010 

MBTA: 617-222-3200

MassDOT:  857-368-6111

National Grid Gas: 800-322-3223

NSTAR Electric & Gas: 800-592-2000

Tow Lot: 617-635-3900

Verizon: 800-837-4966

Resident can also receive snow updates using the City’s Alert Boston system.

South End Patch read more

Read more...

Posted by Massachusetts Legal Resources - February 7, 2013 at 12:20 am

Categories: Arrests   Tags: , , , ,