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 […]
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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. In March of last year, the facility opened to research BSL-2 level germs, which are less deadly than the intended BSL-3 and BSL-4 substances the facility was built to research. More than 100 residents turned out to protest the lab moving forward with researching the deadliest germs. In January, federal regulators announced that the lab poses “minimal risk” to the community. But even with the latest federal approval, the biolab still faces a number of further hurdles to reach approval for researching the most infectious diseases, including approval from the Boston Public Health Commission, and specific projects must gain approval by the U.S. Centers for Disease Control and Prevention. “BSL-4 research is not being conducted at the NEIDL now and will not commence until the completion of several regulatory and judicial steps,” said BU spokesperson Tom Testa. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
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. CHART: See how Boston Medical Center compares to other city emergency rooms Behind the NumbersKey measures of ER efficiency have been posted from hospitals taking part across the country, according to a report by Cheryl Clark, senior quality editor for HealthLeaders Media. “With precious little fanfare, Uncle Sam last month rolled out a big, fat database with seven measures comparing a service that many people—healthcare providers and patients alike—consider the most critical any hospital can provide,” wrote Clark. Data collected in 2011 and early 2012 also tracked how long it took for an ER patient to be seen by a healthcare professional and how long the wait was to get a bed if they needed admission. Other data showed how long patients spent in the ER before being sent home and whether they received a brain scan if they might have suffered a stroke. Clark interviewed Dr. Jesse Pines, an emergency room doctor and researcher who directs the center for healthcare quality at George Washington University. “The theory is that when hospitals report this information, it makes them focus on it, and improve throughout their [Emergency Department],” Pines was quoted as saying. “But it’s very hard to do. Certain performance measures are easier to fix—like simple process measures like giving patients an aspirin—than improving ED throughput, which involves development of interdisciplinary teams.” Pines told Clark the public focus good pushes hospital administrators to focus on the emergency room as well as other metrics. In a column, Clark said she thought the Centers for Medicare & Medicaid Services would “make a bigger fuss about such a major release.” She added: Certainly with so much concern about ED overcrowding, and the number of […]
Chart: Compare Boston Emergency Room Wait Times
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
Boston Snow Emergency Parking Ban Remains in Effect
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. SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Things to Know in the South End Today, Feb. 8: Snow Emergency at Noon, MBTA Shuts Down at 3:30 p.m.
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. 5. Be in the Know: I’ll be working all weekend to provide neighborhood-specific updates – any power outages, down trees, etc. Follow along in real-time on Facebook and Twitter, and remember, it’s a two-way street. You can send in photos or videos of what you’re seeing out there, and I can share them with the rest of the neighborhood. More South End Patch Storm Coverage South End Storm Center Blizzard Warning Issued for Boston How Boston Cleans Up After a Snowstorm — And What You Can Do NSTAR Offers Tips to Prepare for Snowstorm City Taking Precautions to Deal with Serious Winter Storm SOUTH END PATCH: Facebook | Twitter | E-mail Updates South End Patch
Boston Snow Emergency Parking in the South End
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