Strategic Partnership Agreement

Town of Amherst, AmherstRegionalPublic Schools, Town of Amherst Elementary Schools

and the University of MassachusettsAmherst

This agreement is entered into on this 22nd day of August, 2007 by and between the University of Massachusetts Amherst (University), the Town of Amherst (Town), the Amherst Regional Public Schools (ARPS) and the Amherst Elementary Schools (AES) now,

Whereas the University enrolled total students for its Fall 2006 Semester of 19,823 Undergraduates, along with 5,770 graduate students for a total undergraduate and Graduate student enrollment of 25,953, and;

Whereas the Town has a total population as of the 2000 census of 34,874, including the students living in campus and rental housing within the boundaries of Amherst, and;

Whereas the University of Massachusetts is the second largest employer in Western Massachusetts, providing economic stability to the Town of Amherst and to the region, and;

Whereas the University of Massachusetts constitutes approximately 1,130 acres of property, or approximately 6.4% of the land mass of the Town of Amherst which is comprised of approximately 27.7 square miles or 17,760 acres, and;

Whereas the Town, ARPS and AES acknowledge and recognize the tremendous economic, educational, recreational and cultural contributions that the University makes to the community, and;

Whereas the University acknowledges that the Amherst Regional Public Schools (ARPS) and Amherst Elementary Schools (AES) and the Town provide significant benefits to the University;

Now, therefore, the parties agree to the following:

  1. Communication – TheTown and the University will continueto engage in direct and constructive dialog about matters of mutual concern. The Chancellor, the Amherst Town Manager and representatives of the Select Board will meet each semester or as needed. The Amherst Town Manager and the Chancellor’s designee, the UMass Amherst Community Relations Director, will meet monthly to discuss projects and issues.
  2. Fire and Ambulance Service - The Amherst Fire Department, owned, operated and managed by the Town, shall continue to provide fire protection and ambulance services to the University of Massachusetts students, staff, visitors and buildings. The University agrees to make an annual payment to the Town in recognition of the services received by the campus, the terms of which are attached as an addendum to this agreement.
  3. Police Cooperation - The Town and the University of Massachusetts acknowledge the existence of the “Mutual Aid Agreement”, signed in January, 2007, a copy of which is attached. It is hereby acknowledged that this agreement represents the understanding between the two entities of the provision of full Police Mutual Aid services between the University and the Town.
  4. Water and Sewer - The Town shall provide to the University full water and wastewater services through the Amherst Water Department and the Amherst Wastewater Treatment Department. The University and the Town will continue to collaborate on conservation and cost-saving measures, the terms of which of which are attached as an addendum to this agreement.
  5. Education - The Amherst Regional Public School (ARPS) System and the Amherst Elementary Schools (AES) will continue to provide, as required by statute, educational services to all K-12-aged children residing in tax-exempt University housing. The University will continue to allow AES use of the building known as “Mark’s Meadow” for an elementary school with certain costs for maintenance and improvements assigned to the Town, the terms of which are attached as an addendum to this agreement. If, in the future, the Town builds a new elementary school and vacates the Mark’s Meadow facility, the Town, AES, ARPS and the University will negotiate a new agreement in which the University may reimburse the Town for a portion of the net costs of educating students living in University tax-exempt housing.
  6. Economic Development – The Town and the University will continue to explore and pursue economic development opportunities of benefit to the Town, the University and the region.
  7. Other – The Town and the University may agree to make additional addenda to this document as issues and opportunities emerge.
  8. Term - TheTerm of this agreement shall be for five (5) years, and shall expire on June 30, 2012. The Town, the University of Massachusetts Amherst, Amherst Regional Public Schools (ARPS) and Amherst Elementary Schools (AES) enter into this agreement understanding that changes may be necessary over the life of this agreement.
  9. Termination - In the event that if the University of Massachusetts, the Town, Amherst Regional Public Schools (APRS) or Amherst Elementary Schools (AES) experience changes that materially affect the equity of this agreement, or if relevant, new information becomes available, the party so affected may initiate, and the other party must agree to participate in discussion of amended terms and conditions to this agreement so as to preserve the underlying principles of equity and the allocation of the cost of this agreement. Any modification or amendment shall be made by written mutual agreement, and shall become effective only when signed by all parties. Either party may terminate this agreement by giving written notice to the other party 180 days in advance of when the termination is to take effect.

Jere Hochman, Superintendent Laurence Shaffer, Town Manager

Amherst Public SchoolsTown of Amherst

John V. Lombardi, Chancellor

University of Massachusetts

Addendum 1

Strategic Partnership Agreement

Town of Amherst, AmherstRegionalPublic Schools, Town of Amherst Elementary Schools

and the University of MassachusettsAmherst

Fire and Emergency Management Services Agreement Addendum

Between the University of Massachusetts and the Town of Amherst

Whereas this addendum is in recognition of the services that the Town provides the University of Massachusetts and the allocation of the cost of said services, the University of Massachusetts shall fund the net cost per call for services rendered by the Amherst Fire Department to the University of Massachusetts campus, exclusive of fraternities and sororities outside the geographic bounds of the campus, based upon the total operational, benefit, and capital annual budget, minus revenue from all sources, divided by total annual calls, with credit given to the University for State PILOTs paid to the Town for University property. Calculation shall be based upon actual cost and calls per fiscal year two (2) years prior. Consistent with the form entitled “Amherst Fire Department Budget Analysis Update, February 21, 2007,” it is anticipated that the University of Massachusetts annual cost is approximately $425,000, minus annual State PILOTs, and shall be adjusted annually based upon a budget year two (2) years previous. The first year, the agreement for Fiscal Year 2008, shall be based upon experience realized in Fiscal Year 2006, and each subsequent year shall be based upon the same formula. Consequently, the University’s total obligation for Fiscal Year 2009 will be calculated by the gross budget for fiscal year 2007 for operations capital and benefits minus revenue from all sources, divided by the total calls:

FY 2007 total cost Total Fire/

of Fire/Ambulance – Ambulance

operational, benefits Revenue

and capital FY 2009

x FY 2007 – FY 2007 UMass = University

Total Calls UniversityCalls Sate PILOTS Obligation

The total amount of state PILOTS made to the Town for University property during the basis year (the fiscal year 2 years prior) will be deducted from the amount payable by the University. Annual increases will be capped at 5%, or the percentage increase in operational, benefits and capital costs, whichever is less.

The University agrees to notify the Town of Amherst Fire Department immediately upon determination of an event requiring emergency response or the likelihood that conditions are revealed that may lead to such an emergency response.

The Town agrees to form a Fire and Ambulance Review Committee which will meet at least once a year to review the overall statistics and activity of the Fire/Ambulance addendum agreement and to recommend adjustments for the following year. This committee shall be made up of three representatives appointed by the Town Manager and three representatives appointed by the University of Massachusetts Amherst Chancellor.

Addendum 2

Strategic Partnership Agreement

Town of Amherst, AmherstRegionalPublic Schools, Town of Amherst Elementary Schools

and the University of MassachusettsAmherst

Water and Wastewater Services Agreement Addendum

Between the University of Massachusetts and the Town of Amherst

In recognition of the shared interests of the Town and the University in conserving water as a natural resource, the substantial investment made by the University in water conservation (in excess of $6.5 million), the large and complex infrastructure for water and sewer maintained by the University and the University’s concern for the escalating water and sewer costs; the parties agree to the following:

The University will continue to pursue water conservation measures.

The Town will actively pursue measures to keep the costs of water and sewer services down.

The Town will allow the University to use, free of charge, effluent from the wastewater treatment plant.

The Town and the University will make every effort to give the other party reasonable notice of any planned changes in water/sewer rates or usage. The Town will give the University at least 6-months notice of water and/or sewer rate increases and the University will give the Town notice of any planned changes likely to have a notable impact on the campus’ usage of water and sewer.

The Town will explore assuming the costs of maintenance of the water and sewer infrastructure on the campus, including the costs of painting and maintenance of the university-owned water tower at Orchard Hill.

Addendum 3

Strategic Partnership Agreement

Town of Amherst, AmherstRegionalPublic Schools, Town of Amherst Elementary Schools

and the University of MassachusettsAmherst

Mark’s Meadow Elementary Facility and Services Agreement Addendum

This constitutes the full understanding of the operational relationship between the Town of Amherst, The Amherst Elementary Schools and the University of Massachusetts Amherst as relates to the facility and utilities for Mark’s MeadowElementary School.

  1. The University is responsible for
  2. The cost of utilities including the maintenance and repair of utility delivery and distribution system (water, heat, electric) to the Central Mechanical Room
  3. Safety checks conducted by Environmental Health and Safety
  4. Maintenance of equipment in Central Mechanical Room, including ATC compressor and dryer
  5. Maintenance of grounds, including grass cutting, and snow plowing of drives and major walk ways
  6. Condensate pumps and converter
  7. Fire alarm systems and setting or repair of Master Clock system
  8. Provision of parking lot spaces
  1. Within Mark’s MeadowSchool, the Town of Amherst is responsible for
  2. Custodial services
  3. Snow removal at the front entrances and side doors (University is responsible for snow plowing of drives and major walkways)
  4. Property and liability insurance
  5. Building mechanical repairs and maintenance (including electrical, plumbing, etc.)
  6. Light renovations and alterations
  7. Upper maintenance on all fans and terminal units, including filter maintenance
  8. Univent controls of all units.
  9. Asbestos abatement (to be discussed by both parties prior to any work being performed)
  10. Room clocks and communications systems
  11. Grease traps, sinks, toilets, flushometers
  12. Environments Health and Safety punchlists
  13. Emergency lights, other lighting and receptacles

C. Major repairs or capital improvements to the Mark’s Meadow facility that the University and the Town determine are necessary will be funded by the Town and managed by the University. These may include, but are not limited to, the following:

  1. Repairs to the building envelope
  2. Interior repairs including doors, walls, ceilings, toilet stalls, etc.
  3. Fire alarm Pull Stations
  4. Key control and maintenance of exterior and interior locks