Citizens for Citizens, Inc. v. Lambert

12 Mass. L. Rptr. 35
CourtMassachusetts Superior Court
DecidedMay 15, 2000
DocketNo. B99-00305
StatusPublished

This text of 12 Mass. L. Rptr. 35 (Citizens for Citizens, Inc. v. Lambert) is published on Counsel Stack Legal Research, covering Massachusetts Superior Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Citizens for Citizens, Inc. v. Lambert, 12 Mass. L. Rptr. 35 (Mass. Ct. App. 2000).

Opinion

Brassard, J.

INTRODUCTION

Plaintiff Citizens for Citizens, Inc. filed the present action against the City of Fall River and Mayor Edward M. Lambert, Jr. seeking to recover $79,668 plus interest for the training of workers in asbestos removal and encapsulation and the removal of asbestos from the Fall River public schools.' This motion is before the court on the defendants’ motion for summary judgment pursuant to Mass.R.Civ.P. 56. For the following reasons, the defendants’ motion for summary judgment is ALLOWED.

[36]*36BACKGROUND

The undisputed material facts as revealed by the summary judgment record are as follows. Plaintiff Citizens for Citizens, Inc. (CFC) is a non-profit Massachusetts corporation which provides community social services to low- and moderate-income residents of Fall River through various programs which are state and federally funded. (Plain. Ex. B ¶2.) In May of 1989, CFC developed an asbestos abatement training program to train unemployed individuals in the removal and handling of asbestos. The Federal Asbestos Hazard Emergency Response Act of 1986 requires the removal of asbestos from public schools. CFC contracted with the Bristol County Training Consortium to provide partial federal funding for its asbestos removal program under the Federal Job Training Partnership Act (JTPA). (Plain. Ex. B ¶5.)

CFC contacted the Fall River School Committee to determine whether the City would partially subsidize the training program and allow trainees to use public school buildings as training sites for hands on training. (Plain. Ex. B ¶6.) In August of 1989, Daniel Rapoza (Rapoza), the Director of Buildings and Grounds for the Fall River Public Schools, requested a special school committee meeting to discuss a request by CFC for the use of one or two schools for job training in asbestos removal. (Plain. Ex. C.) At a special meeting on August 15, 1989, the School Committee unanimously voted to accept a proposal by CFC to remove asbestos from the Morton Middle School for approximately $90,000, a significant discount from the estimated $140,000 cost of the work. (Plain. Ex. D.) Defendant Edward Lambert (Lambert), presently the Mayor of Fall River, was a member of the School Committee at that time and voted in favor of the proposal. (Plain. Ex. D.)

The City never placed the contemplated asbestos removal work out to bid. (Def. Ex. H.) Instead, on February 16, 1990, the City and CFC entered into Contract #90-527 for “Classroom Training to Conduct Removal, Repair and Encapsulation of Asbestos in Various Schools.” (Def. Ex. G.) The work to be performed by CFC was described as:

To allow Citizens for Citizens, Inc. to conduct removal, repair and encapsulation of asbestos in various schools, in conjunction with JPTA training funds. All classroom training will take place at locations other than school department facilities. All hands-on job training will take place in school ■ facilities as agreed upon by the Director of Buildings and Grounds and the representatives of Citizens For Citizens, Inc. Attached specifications as prepared by Briggs Associates, Inc. will be adhered to, as well as, all applicable City, State and Federal regulations. (Def. Ex. G.)

Pursuant to the contract, the work was to begin on February 16, 1990, with all asbestos removal to be completed prior to June 30, 1990. (Def. Ex. G.) Article I of the contract stated:

Contractor shall complete all work as specified in the Contract Documents. The work is described as asbestos abatement and related work [sic] the City of Fall River at the following schools: Morton School, Lincoln School, Connell School, Coughlin School, Kuss Middle School. (Def. Ex. G.)

The contract was signed by the mayor of Fall River on March 5, 1990. (Def. Ex. G.)

Thereafter, the City and CFC entered into several extensions of Contract #90-527. On August 1, 1990, Rapoza submitted a request to Superintendent of Schools John Correiro (Correiro) to extend Contract #90-527 for the encapsulation, removal and disposal of asbestos material at the Letourneau, Morton and Spencer Borden Schools in a sum not to exceed $75,000 to be paid from Fiscal 1991 funds. (Plain. Ex. F.) On August 6, 1990, the School Committee voted to extend Contract #90-527 with CFC “for the encapsulation, removal and disposal of asbestos material at the Letourneau, Morton and Spencer Borden Schools.” (Plain. Ex. H.)

On July 17, 1991, Rapoza submitted a request to Correiro to extend Contract #90-527 for the encapsulation, removal and disposal of asbestos material in a sum not to exceed $50,000 to be paid from Fiscal 1992 funds. (Plain. Ex. G.) On July 23, 1991, the School Committee voted to extend the contract with CFC “for the encapsulation removal and disposal of asbestos material.” (Plain. Ex. I.)

The following year, by memorandum dated July 29, 1992, Rapoza notified Correiro that “The job training program conducted annually by Citizens for Citizens, Inc. has been approved . . . This contract will not exceed Seventy-Five Thousand Dollars ($75,000.00) and will be paid from Fiscal 1993 Funds.” (Plain. Ex. J.) Similarly, by memorandum dated August 18, 1993, Rapoza notified Acting Superintendent of Schools James Gibney (Gibney) that “The job training program conducted annually by Citizens for Citizens, Inc. has been approved . . . This contract will not exceed Seventy-Five Thousand Dollars ($75,000.00) and will be paid from Fiscal 1994 Funds.” (Plain. Ex. K.)

Thereafter, by memorandum dated August 3, 1994, Rapoza notified Gibney that “The job training program conducted annually by Citizens for Citizens, Inc. has been approved . . . This contract will not exceed Fifty-Thousand Dollars ($50,000.00) and will be paid from Fiscal 1995 Funds.” (Plain. Ex. L.) On September 1, 1994, a contract extension for asbestos removal and repair at the Doran, Silvia, Coughlin and Stone Schools was signed by the members of the School Committee, Gibney and Mayor John R. Mitchell, with Rapoza certifying that funds in the amount of $75,000 were available in G.L. Account #001-207-5210-00. (Plain. Ex. U.) On July 14, 1995, CFC sent the City a letter stating:

[37]*37Consider this to be our invoice for the reinspection of Fall River Public Schools as required by the Asbestos Hazard Emergency Response Act (AHERA) legislation as administered by the U.S. Environmental Protection Agency . . . Charges for the reinspection are $22,300.00. (Plain. Ex. S.)

In addition, on August 22, 1995, CFC sent the City an invoice in the amount of $77,502.95 for asbestos abatement performed at the Matthew J. Kuss Middle School, Coughlin School and Frank M. Silva School. (Plain. Ex. T.)

On August 31, 1995, a contract extension for asbestos removal and repair at various schools was signed by Gibney and Mayor Mitchell, with Rapoza certifying that funds in the amount of $100,000 were available in G.L. Account #001-207-5210-00. (Plain. Ex. V.) The following year, on August 5, 1996, a contract extension for asbestos removal and repair at various schools was signed by Gibney and Mayor Edward Lambert, with Rapoza certifying that funds in the amount of $55,000 were available in G.L. Account #001-207-5210-00. (Plain. Ex. W.) Each year between 1989 and 1996, Fiscal Years 1990 through 1997, CFC was paid in full by the City for the asbestos training and removal it provided.

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Bluebook (online)
12 Mass. L. Rptr. 35, Counsel Stack Legal Research, https://law.counselstack.com/opinion/citizens-for-citizens-inc-v-lambert-masssuperct-2000.