HomeMy WebLinkAboutMPD (3)Park Plaza, Suite 3720
Aston, MA 02116
it or Ticket (CIOT) • May 19. June 1, 2014
ding Deadline: June 13, 2014
Maximum Award Per Mobilization: I,ouo)
..__-_ _, ..___..._,.... e........�....� Page 1 of
IMPORTANT NOTE: Carry both the hourly rate of pay and total pay to four decimal places. Use exact
amounts of pay, do not round or estimate. If an officer works a shift with a differential rate of pay, use two
separate lines for that officer and Include an explanation. Carry out the total reimbursement only two
decimal places. The total reimbursement cannot exceed the maximum award per mobilization or the
maximum expenditures for the reporting period.
NOTE: Failure to submit this form by the deadline may result In non -reimbursement. Departments must
have received written approval by EOPSSIHSD during the current federal fiscal year (November 2012 -
present) In order to participate in this and any future mobilizations. Departments who submit this form
without prior written approval by EOPSSIHSD will not be reimbursed. Use additional pages if necessary.
I certify that this report, schedules, statements, and the expenses for which payment is requested are true,
correct, and complete and were made in accordance with the appropriate Federal and State Regulations
and that the articles or services listed were (or will be) necessary for and are to be used solely for the
purpose specified in the award for this project.
PrintfType Name of Chief or Authorized Signatory:
Signature of Chief or Authorized Signatory (in blue ink):
Date (in blue ink):
one
10 Park Plaza, Suite 3720
Boston, MA 02116
it or Ticket (CIOT) - May 19 - June 1, 2014
rtind Deadline: June 13, 2014
of
Award Per Mobilization:
Page 1 of 2
Specific Shift Hours
Number of Patrol Hours (2
Hourly Rate
Officer Name
Date
Military or Regular Time
8 hrs
of Pa
Total Pa
KINAHAN
5112/20141600-2000
4
$ 41.2300
$ 164.9200
FENORE
6/14/2014
1200-1600
4
$ 41.7500
$ 167.0000
WALSH
6/16/2014
1600-2000
4
$ 39.7600
$ 159.0400
THIBEAULT
6/20120141600-2000
4
$ 60.3500
$ 201.4000
FENORE
5/21120141200-1600
4
$ 41.7500
$ 167.0000
MARTELL
5/22/20141600-2000
4
$ 41.5700
$ 166.2800
ARCHER,N
05124//2014
1200-1600
4
$ 47.180D
$ 188.7200
$
$
$
$
$
$ 1 214.3600
Subtotals ••••..... >
-`. $ 1 00
Totals -------------->
191A
C 1d va
Total Reimbursement (not to exceed actual expenanurest
IMPORTANT NOTE: Carry both the hourly rate of pay and total pay to four decimal places. Use exact
amounts of pay; do not round or estimate. If an officer works a shift with a differential rate of pay, use two
separate lines for that officer and include an explanation. Carry out the total reimbursement only two
decimal places. The total reimbursement cannot exceed the maximum award per mobilization or the
maximum expenditures for the reporting period.
NOTE: Failure to submit this form by the deadline may result in non -reimbursement. Departments must
have received written approval by EOPSS/HSD during the current federal fiscal year (November 2012 -
present) in order to participate in this and any future mobilizations. Departments who submit this form
without prior written approval by EOPSS/HSD will not be reimbursed. Use additional pages if necessary.
I certify that this report, schedules, statements, and the expenses for which payment is requested are true,
correct and complete and were made in accordance with the appropriate Federal and State Regulations
and that the articles or services listed were (or will be) necessary for and are to be used solely for the
purpose specified in the award for this project.
Print/Type Name of Chief or Authorized Signatory:
Signature of Chief or Authorized Signatory (in blue ink):
Date (in blue ink):
Submit one original and one copy of this form to:
Trevor Bayard -Murray, Highway Safety Division
10 Park Plaza, Suite 3720, Boston, MA 02116
Mobilization Activity Reports
Click It or Ticket (CIOT) May 19 - June 1, 2014
Reporting Deadline: June 13, 2014
Name of Department Reporting MANSFIELD
Page _2_ of 10
Officer Name
Officer Name
Officer Name
Officer Name
Officer Name
MARTELL
ARCHER,N
Date
Date
Date
Date
Date
GURitE
5/22/14
5/24/14
Traffic Sto s
15
12
27
82
Safety Belt Citations
4
4
8
20
0
0
Child Safe Citations
0
0
Child Safe - No Seat
0
0
Reckless Driving
2
2
6
S eeding - Citations
Speeding - Written
1
5
6
28
Warnings
0
0
Suspended Licenses
0
0
Uninsured Motorists
Recovere Stolen
0
0
Vehicles
0
0
Breath Tests
0
0
OUI Arrests
0
0
OUI Dru Arrests
0
0
Felony Arrests
0
0
Other Arrests
0
0
Criminal Summons
0
0
Fugitives Apprehended
Other Citations
1
1
9
[Other
g
1
10
19
Written Warnings
Indicate in the lines below the rationale why minimum performance measures (less than three stops per hour)
may not have been met. (For example: Tow, Weather, Medical Emergency, etc,)
Indicate in the lines below the types of citations and/or warnings the codes in the "Other" category reflect.
05/22- failure to insp=4w,failure to stop=5w, failure stop= 1 citiation,5/24- failure to stop 1= warn
NOTE: Failure to submit this form by the reporting deadline may result in non-roimbursoment. Departments must have received written approval
by EOPSS/HSD during the current federal fiscal year in order to participate in this and any future mobmzauons. uepamnnnw -nv sa
this form without prior written approval by EOPSS/HSD will not be reimbursed. Use additional pages if necessary.
Page 2 of 10 Revised 2/5/13
Submit one original and one copy of this form to:
Trevor Bayard -Murray, Highway Safety Division
10 Park Plaza, Suite 3720, Boston, MA 02116
Mobilization Activity Report
Click It or Ticket (CIOT) May 19 - June 1, 2014
Reporting Deadline: June 13, 2014
Name of Department Reporting MANSFIELD
Mobilization Activi
Click It or Ticket (CI(
Reporting Deadline:
Page I— of 10
Officer Name
Officer Name
Officer Name
Officer Namel
Officer Name
w
KINAHAN
FENORE
WALSH
THIBEAULT IFENORE
Date
Date
Date
Date
Date
CUR1i T T
5121/14'.'�
frAE "= t"
5/12/14
5/14/14
5/16/14
5/20/14
10
12
12
9
12
55 82
Traffic Stops
1
4
4
1
2
12
20
Safety Belt Citations
0
0
Child Safe Citations
0
0
Child Safety - No Seat
0
0
Reckless Driving
3
q
6
Speeding - Citations
Speeding -Written
2
8
4
1
7
22
28
Warnings
0
0
Suspended Licenses
0
0
otorists
to on
0
0
0
0
ffTests
0
0
0
ests
0
0
Felon Arrests
0
0
Other Arrests
0
0
Criminal Summons
0
0
Fugitives Apprehended
Other Citations
3
4
1
8
9
q
1
3
1
9
19
Other Written Warnings
ieAfcoto in the lines below the rationale why minimum performance measures (less than three slope per hour)
may not have been met. (For example: Tow, Weather, Medical Emergency, etc.
514/2014 AND 05/14/2014 LOW TRAFFIC VOLUME AFTER 6 PM
Indicate in the lines below the types of citations and/or warnings the codes in the"
it=3,stp sign 1 insp=3 w 05/21- failure stop=l w falle to yield =1
by EOPSS/HSD during the current federal fiscal year in order to participate in this and any future mobilizations. Departments who submit
this form without prior written approval by EOPSS/HSD will not be reimbursed. Use additional pages if necessary.
Page 1 of 10 Revised 215113
Sdbmit one original and one copy of this form to:
Trevor Bayard -Murray, Highway Safety Division
10 Park Plaza, Suite 3720, Boston, MA 02116
Mobilization Activity Reports
Click /t or Ticket (CIOT) May 19 - June 1, 2014
Reporting Deadline: June 13, 2014
Name of Department Reporting Page _5_ of 10
Officer Name
Officer Name
Officer Name
Officer Name
Officer Name
invlw.,')
Date
Date
Date
Date
Date
CtE7
Traffic Sto s
y
(
0
0
Safe Belt Citations
0
0
Child Safe Citations
0
0
Child Safety - No Seat
0
0
Reckless Driving
0
0
Speeding - Citations
Spee ing - Written
Warnings
0
0
Suspended Licenses
0
0
Uninsured Motorists
Recovered Stolen
0
0
Vehicles
0
0
Breath Tests
0
0
OUI Arrests
0
0
Out Drug Arrests
0
0
Felony Arrests
0
0
Other Arrests
0
0
Criminal Summons
0
0
Fugitives Apprehended
1
0
0
Other Citations
0
0
Other Written Warnings
n.tt,.afo in the lines below the rationale why minimum performance measures (less than three stops per hour)
may not have been met. (For example: Tow, Weather, Medical Emergency, etc.)
([ea[l kT��) . )-h.i.-ia r1w '2L_C tnsf-' W�r'1'S
t o�tpnudtc) 1511
/ insph to
Indicate in the lines below the types of citations and/or warnings the codes in the "Other" category reflect.
elnTF• Fnih,re to submit this form by the reporting deadline may result In non -reimbursement. Departments must have received written approval
by EOPSS/HSD during the current federal fiscal year in order to participate in this and any future mobilizations. uepanments woo suuou,
this form without prior written approval by EOPSS/HSD will not be reimbursed. Use additional pages if necessary.
Page 5 of 10 Revised 2/5/13
Submit one original and one copy of this form to:
Trevor Bayard -Murray, Highway Safety Division
10 Park Plaza, Suite 3720, Boston, MA 02116
Mobilization Activity Reports
Click It or Ticket (CIOT) May 19 - June 1, 2014
Reporting Deadline: June 13, 2014
Name of Department Reporting
Page _5_ of 10
Officer Name
Officer Name
Officer Name
Officer Name
Officer Name
-
Date
Date
Date
Date
Date
IV -owl' , `
sltsTi3 rAt
Traffic Stops
0
0
Safety Belt Citations
'j�
0
0
Child Safety Citations
0
0
Child Safety - No Seat
0
0
Reckless Driving
0
0
Speeding - Citations
�.
0
0
Speeding - Written
Warnings
0
0
Suspended Licenses
0
0
Uninsured Motorists
0
0
Recovered Sto en
Vehicles
0
0
Breath Tests
01
0
OUI Arrests
0
0
OUI Drug Arrests
0
0
Felony Arrests
0
0
Other Arrests
0
0
Criminal Summons
0
0
Fugitives Apprehended
0
0
Other Citations
1.
0
0
Other Written Warnings
C'
0
0
Indicate in the lines below the rationale why minimum performance measures (less than three stops per hour)
may not have been met. (For example: Tow, Weather, Medical Emergency, etc.)
Indicate in the lines below the t pes of citations and/or warnings the codes in the "Other" category reflect.
FrF -Li Frs
NOTE: Failure to submit this form by the reporting deadline may result in non -reimbursement. Departments must have received written approval
by EOPSS/HSD during the current federal fiscal year in order to participate in this and any future mobilizations. Departments who submit
this form without prior written approval by EOPSS/HSD will not be reimbursed. Use additional pages if necessary.
Page 6 of 10 Revised 215113
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
This form Is jointly Issued and published by the Executive Office for Administration and Finance IANFI, the Qjjj a of the Comptroller (CTRI and the Operational Services Division (OSDI
as the default contract for all Commonwealth Departments when another form is not prescribed by regulation or policy. Any changes to the official printed language ofthis form shall be
void. Addillonal non-oonflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms orotheradditional
terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions, Insiructions and legal requIrements that are Incorporated by reference Into this
Contract An electronicceovof this form is available at www.mass.cov/osc under Guidance Fnr Vendnm. Fans orwww.masennvinsdpndar ORn Pnrma
CONTRACTOR LEGAL NAME: Town of Mansfield Police Department
COMMONWEALTH DEPARTMENT NAME: Executive Office of Public Safety &
(and dlbla):
Security
MMARS Department Code: EPS
Legal Address: (W-9, W-4,T&C): 50 West Street, Mansfield, MA 02048
Business Mallino Address: 10 Park Plaza, Suite 3720, Boston, MA 02116
Contract Marra : David Kinahan
Bliling Address (if different):
9-Mail: dkinahan@mansfieldma.com
Contract Manager: Diane Perrier
hone: 508-261.7301 Fax:508-339.1031
F�1aj(: Dlane.Perrier@state.ma.us
Contractor Vendor Code:VC6000191867
Poe:617-725.3301
Fax: 617-725.0260
Vendor Code Address ID (e.g. "ADOOt" ): AD001_
MMARS Doc ID(s): 20130TENF2017XXXXXXX
(Note: The Address id Must be set up for EET payments.)
RFRIProcurement or Other ID Number: Grant Application
X NEW CONTRACT
_ CONTRACTAMENOMENT
PROCUREMENT OR EXCEPTION TYPE: (Check one option only)
Enter Current Contract End Date PrlortoAmendment J20_,
_ Statewide Contract(OSDoranOSD-deslgnaledDepartment)
EnterAmendment Amount: $ .(or"no change")
Collective Purchase (Attach OSD approval, scope, budget)
AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)
X Department Procurament(Includes Slate or Federal grants 8'15 CMR 2.001
_Amendment to Scope or Budget (Attach updated scope and budget)
(Attach RFR and Response or other procurement supporting documentation)
_ Emergency Contract (Attach justification for emergency, scope, budget)
_ Interim Contract (Attach justification for Interim Contract and updated scepelbudget)
_ Contract Employee (Attach Employment Status Form scope, budget)
_ Contract Employee (Attach any updates to scope or budget)
_ LenislalivelLegal or0ther. (Attach authorizing ianguage/jusi fication, scope and
_ LegislativelLegal or Other; (Attach authorizing IanguageljustiOoatlon and updated
budget)
scope and budget)
The following COMMONWEALTH TERMS AND CONDITIONS (T&C) has been executed, riled with CTR and Is incorporated by reference into this Contract.
,Z_ Commonwealth Terms and Conditions _Commonwealth Terms and Conditions For Human and Social Services
COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted In accordance with the terms of this Contract will be supported
in the state accounting system by sufficient appropriations or other non -appropriated funds, subject to Intercept for Commonwealth owed debts under 815 CMR 9.00.
_2L Rate Contract (No Maximum Obligation. Attach details of all rates, units, calculations, conditions or terms and any changes if rates or terms are being amended.)
_ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or new Total if Contract Is being amended). $ _
PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from Invoice receipt Contractors requesting accelerated payments must
Identify a PPD as follows: Payment Issued within 10 days _ok PPD; Payment issued within 15 days _ % PPD; Payment Issued within 20 days _ % PPD; Payment Issued within
30 days _"/" PPD. If PPD percentages are left blank, Identify reason: X agree to standard 45 day cycle _ statutory/legal or Ready Payments (G.L. c. 29, 4 23A1; _ only initial
payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Disco is Pol
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract title, purpose, fiscal year(s) and a detailed description of the scope
of performance orwhat is being amended for a Contract Amendment. Attach all supporting documentation and justifications.)
Highway Safety Traffic Enforcement Grant Program - Award Amounts to be identified annually as funding allows through 913012017
CFDAM 20.600
ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor cedify for this Contract, or Contract Amendment, that Contact obligations:
-X- 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred Al to the Effective Date.
_ 2. maybe Incurred as of . 20_, a date LATER than the Effective Date below and no obligations have been Incurred g6a to the Effective Date.
_3. were incurred as of. 2g_, a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations Incurred prior to the Effective Date are
authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are
attached and incorporated Into this Contract Acceptance of Payments forever releases the Commonwealth from further claims related to these obligations.
CONTRACT END DATE: Contact performance shall terminate as of 09130 .2017. with no new obligations being Incurred after this date unless the Contract is properly
amended, provided that the terms of this Contract and performance expectations and obligations shall survive Its termination for the purpose of resolving any claim or dispute, for
completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, Invoicing or final payments, or during any lapse between amendments.
CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the "Effective Date" of this Contract or Amendment shall be the latest date that this Contact or
Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date spedfied above, subject to any required
approvals, The Contactor makes all certficallons required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the pains and
penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contact and doing
business In Massachusetts are attached or Incorporated by reference herein according to the following hierarchy of document precedence, the applicable Commonwealth Terms and
Conditions this Standard Contract Form Including the Instructions and Contractor Certifications the Request for Response (RFR) or other solicitation, the Contractor's Response,
and additional negotiated terms, provided that additional negotiated terms will take precedence over the relevant terms in the RFR and the Contractors Response only if made using
the process outlined in 801 CMR 21.07 Incorporated hereln, provided that any amended RFR or Response terms result In best value, lower costs, or a more cost effective Contact
AUTHORIZING GNA U RE FOR THE (TRACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:
X: Date: X: Date:
(SigftMre Ifind Date tt�t-B Handwritten At Tim of Ignature) (Signature and Date Must Be Handwritten At Time of Signature)
I
Print Name: (l Print Name: Ellen J.Frank
Print Title: C e-C oP bra Print Title: Executive Director
(Updated 3I2112014) Page 1 of 6
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS
The following Instructions and terns are Incorporated by reference and apply to this
Standard Contract Form. Text that appears underlined indicates a'hyperlink" to an Internet
or hookmarked site and are unofficial versions of these documents and Departments and
Contractors should consult with their legal counsel to ensure compliance with all legal
requirements. Using the Web Toolbar will make navigation between the form and the
hyperiinks easier. Please note that not all applicable taws have been cited.
CONTRACTOR LEGAL NAME (AND DIBIA): Enter the Full Legal Name of the
Contractor's business as It appears on the Contractors W-9 or WA Form (Contract
Employees only) and the applicable Commonwealth Terms and Conditions if Contractor
also has a "doing business as' (d/b/a) name, BOTH the legal name and the °d/bfa' name
must appear in this section.
Contractor Legal Address: Enter the Legal Address of the Contractor as it appears on
the Contractors VW-9 or W4 Form (Contract Employees only) and the applicable
Commonwealth Terms and Conditions which must match the legal address on the 10991
table In MMARS (or the Legal Address in HR/CMS for Contract Employee).
Contractor Contract Manager: Enter the authorized Contract Manager who will be
responsible for managing the Contract. The Contract Manager should be an Authorized
Signatory or, at a minimum, a person designated by the Contractor to represent the
Contractor, receive legal notices and negotiate ongoing Contract Issues. The Contract
Manager is considered 'Key Personnel' and may not be changed without the prior written
approval of the Department If the Contract Is posted on COMMBUYS the name of the
Contract Manager must be Included In the Contract on COMMBUYS.
Contractor E-Mail AddresslPhonelFax: Enter the electronic mail (e-mail) address,
phone and fax number of the Contractor Contract Manager. This Information must be kept
current by the Contractor to ensure that the Department can contact the Contractor and
provide any required legal notices. Notice received by the Contract Manager (with
confirmation of actual receipt) through the listed address, fax numbers) or electronic mail
address will meet any written legal notice requirements.
Contractor Vendor Code: The Department must enter the MMARS Vendor Code
assigned by the Commonwealth. If a Vendor Code has not yet been assigned, leave this
space blank and the Department will complete this section when a Vendor Code has been
assigned. The Department is responsible under the Vendor File and W-9s Policy for
verifying with authorized signatories of the Contactor, as part of contract execution, that
the legal name, address and Federal Tax Idenfificallon Number (TIN) In the Contract
documents match the state accounting system.
Vendor Code Address ID: (e.g., "AD001°) The Department must enter the MMARS
Vendor Code Address Id identifying the payment remittance address for Contract
payments, which MUST be set up for EFT payments PRIOR to the first payment under the
Contact In accordance with the 8111 Payingand Vendor File and W-9 policies.
COMMONWEALTH DEPARTMENT NAME: Enter the full Department name with the
authority to obligate funds encumbered for the Contract
Commonwealth MMARS Alpha Department Code: Enter the three (3) letter MMARS
Code assigned to this Commonwealth Department in the stale accounting system.
Department Business Mailing Address: Enter the address where all formal
correspondence to the Department must be sent Unless otherwise specified in the
Contract, legal notice sent or received by the Departments Contract Manager (with
oonMnaBon of actual receipt) through the listed address, fax number(s) or electronic mail
address for the Contract Manager will meet any requirements for legal notice.
Department Billing Address: Enter the Billing Address or email address If Invoices must
be sent to a different location. Billing or confirmation of delivery of performance Issues
should be resolved through the listed Contract Managers.
Department Contract Manager: Identify the authorized Contact Manager who will be
responsible for managing the Contract, who should be an authorized signatory or an
employee designated by the Department to represent the Department to receive legal
nodose and negotiate ongoing Contract Issues,
Department E-Mali AddresslPhonelFax: Enter the electronic mail (e-mail) address,
phone and fax number of the Department Contract Manager. Unless otherwise specified in
the Contact, legal notice sent or received by the Contract Manager (with confirmation of
actual receipt) through the listed address, fax number(s) or electronic mail address will
meet any requirements for written notice under the Contract
MMARS Document ID(s): Enter the MMARS 20 character encumbrance transaction
number associated with this Contact which must remain the same for the life of the
Contact If multiple numbers exist for this Contract, Identify all Doc Ids.
RFR/Procurement or Other ID Number or Name: Enter the Request for Response
(RFR) or other Procurement Reference number, Contract ID Number or other
reference/tracking number for this Contact or Amendment and will be entered Into the
Board Award Field In the MMARS encumbrance transaction for this Contract.
NEW CONTRACTS (left side of Form):
(Updated 3/21/201
Complete this section ONLY if this Contract is brand new. (Complete the
CONTRACT AMENDMENT section for any material changes to an existing or an
expired Contract, and for exercising options to renew or annual contracts under a
multiyear procurement or grant program.)
PROCUREMENT OR EXCEPTION TYPE: Check the appropriate type of procurement or
exception for this Contract. Only one option can be selected. See State Finance Law and
General Recuirements Aceulg&n Policy and Fixed Assets. the Commodifies and
Services Pollcv and the Procuremenl Information Center (Departmanl Contract Guidance)
for details.
Statewide Contract (OSD or an OSD-designated Department). Check this option fora
Statewide Contract under OSD, or by an OSD-designated Department.
Collective Purchase approved by OSD. Check this option for Contracts approved by
OSD for collective purchases through federal, state, local government or other entitles.
Department Contract Procurement. Check this option for a Department procurement
Including stale grants and federal sub -grants under 815 CMR 2.00 and State Grants and
Federal Subgants Policy, Departmental Master Agreements (MA). If multi -Department
user Contract Identify multi -Department use is allowable in Brief Description.
Emergency Contract. Check this option when the Department has determined that an
unforeseen crisis or incident has arisen which requires or mandates Immediate purchases
to avoid substantial harm to the functioning of government or the provision of necessary or
mandated services or whenever the health, welfare or safety of clients or other persons or
serious damage to property Is threatened.
Contract Employee. Check this option when the Department requires the performance of
an Individual Contractor and when the planned Contract performance with an Individual
has been classified using the Employment Status Form (prior to the Contractors selection)
as work of a Contract Employee and not that of an Independent Contractor.
LegisiativelLegal or Other. Check this option when legislation, an existing legal
obligation, prohibition or other circumstance exempts or prohibits a Contract from being
competitively procured, or Identity any other. procurement exception not already listed.
Legislative "earmarks' exempt the Contract solely from procurement requirements, and all
other Contract and state finance laws and policies apply. Supporting documentation must
be attached to explain and Justify the exemption.
CONTRACT AMENDMENT (Right Side of Form)
Complete this section for any Contract being renewed, amended or to continue a lapsed
Contract. All Contracts with available options to renew must be amended referencing the
original procurement and Contract doc Ids, since all continuing contracts must be
maintained in the same Contact file (even if the underlying appropriation changes each
fiscal year.)"See Amendments Suspensions and Termination Poll )
Enter Current Contract End Date: Enter the termination date of the Current Contract
being amended, even if this dale has already passed. (Note: Current Start Date Is not
requested since this date does not charge and is already recorded In MMARS.)
Enter Amendment Amount: Enter the amount of the Amendment Increase or decrease to
a Maximum Obligation Contract. Enter "no change" for Rate Contracts or if no change.
AMENDMENT TYPE; Identify the type of Amendment being done. Documentation
supporting the updates to performance and budget must be attached. Amendment to
Scope or Budget. Check this option when renewing a Contract or executing any
Amendment ("material change in Contact terms) even if the Contract has lapsed. The
parties may negotiate a change in any element of Contract performance or cost Identified
In the RFR or the Contractors response which results in lower costs, or a more cost•
effective or better value performance than was presented in the original selected response,
provided the negotiation results in a better value within the scope of the RFR than what
was proposed by the Contractor in the original selected response. Any "material° change
in the Contract terms must be memorialized In a formal Amendment even If a
corresponding MMARS transaction is not needed to support the charge. Additional
negotiated terms will lake precedence over the relevant terms In the RFR and the
Contractors Response only if made using the process outlined In 801 CMR 21.07.
Incorporated herein, provided that any amended RFR or Response terms result in best
value, lower costs, or a more cost effective Contact
Interim Contracts. Check this option for an Interim Contact to prevent a lapse of Contract
performance whenever an existing Contract is being re -procured but the new procurement
has not been completed, to bridge the gap during Implementation between an expiring and
a new procurement, or to contact with an interim Contractor when a current Contactor is
unable to complete full pedormance under a Contract.
Contract Employee. Check this option when the Department requires a renewal or other
amendment to the performance of a Contract Employee.
LegisiativelLegal or Other. Check this option when legislation, an existing legal
obligation, prohibition or other circumstance exempts or prohibits a Contract from being
competitively procured, or Identify any other procurement exception not already listed.
Legislative "earmarks" exempt the Contract solely from procurement requirements, and all
other Contract and state finance laws and polices apply. Attach supporting documentation
to explain and Justify the exemption and whether Contractor selection has been publicly
4) Page 2 of 6
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM ,
posted' CONTRACT END DATE
COMMONWEALTH TERMS AND CONDITIONS The Department must enter the date that Contract performance will terminate. If the
Identify which Commonwealth Terns and Conditions the Contractor has executed and is Contract is being amended and the Contract End Date Is not changing, this date
Incorporated by reference Into this Contract This Form is signed only once and recorded must be re-entered again here. A Contract must be signed for at least the Initial duration
on the Vendor Customer File (VCUST).See VendgLEileand W-9sPolicy. but not longer than the period of procurement listed in the RFR, or other solicitation
COMPENSATION document (if applicable). No new performance Is allowable beyond the end date without
an amendment, but the Department may allow a Contractor to complete minimal close out
Identify if the Contract is a Rate Contract (with no stated Maximum Obligation) or a performance obligations if substantial performance has been made prior to the termination
Maximum Obligation Contract (with a stated Maximum Obligation) and identify the date of the Contract and prior to the end of the fiscal year in which payments are
Maximum Obligation. If the Contract is being amended, enter the new Maximum appropriated, provided that any close out performance is subject to appropriation and
Obligation based upon the Increase or decreasing Amendment. The Total Maximum funding limits under state finance law, and CTR may adjust encumbrances and payments
Obligaffon must reflect the total funding for the dates of service under the contract, in the state accounting system to enable final dose out payments. Performance dales are
Including the Amendment amount 4 the Contract is being amended. The Maximum subject to G1.c.4.49.
Obligation must match the MMARS encumbrance. Funding and allotments must be CERTIFICATIONS AND EXECUTION
verified as available and encumbered prior to Incurring obligations. If a Contract includes
both a Maximum Obligation component and Rate Contract component, check off both, See Department Head Signature Authorization Poll and the Contractor Authorized
specific Maximum Obligation amounts or amended amounts and Attachments must clearly SignatoryLisHrut for policies on Contractor and Department signatures.
outline the Contract breakdown to match the encumbrance. Authorizing Signature for ContractorlDate: The Authorized Contractor Signatory must
PAYMENTS AND PROMPT PAY DISCOUNTS (in their own handwriting and in ink) sign AND enter the dale the Contract is signed. See
Payments are processed within a 45 day payment cycle through EFT in accordance with section above under "Anlldpated Contract Start Date'. Acceptance of payment by the
the Commonwealth Bill Paying Poll cv for investment and cash flow purposes. Contractor shall waive any right of the Contractor to claim the ContracYAmendmenl is not
Departments may N07 negotiate accelerated valid and the Contractor may not void the Contract Rubber stamps, typed or other
p y eg payments and Payees are NOT entitled to Images are not acceptable. Proof of Contractor signature authorization on a Contrac or
accelerated payments UNLESS a prompt payment discount (PPD) Is provided to support Authorized Signatory Listing may be required by the Department if not already on file.
the Commonwealth's loss of Investment earnings for this eadler payment, or unless a
payments is legally mandated to be made In lass than 45 days (e.g., construction Contractor Name (fide: The Contractor Authorized Signatory's name and tifle must
contracts, Ready Payments under G.L. c. 29, s. 23A). See Prompt Pay Discounts Policy. appear legibly as it appears on the Contractor Authorized Signatory Listing.
PPD are Identified as a percentage discount which will be automatically deducted when an Authorizing Signature For Commonwealth/Date: The Authorized Department Sionatory
accelerated payment Is made. Reduced contracts rates may not be negotiated to replace a must (in their own handwriting and in ink) sign AND enter the date the Contract Is signed.
PPD. If PPD fields are left blank please identify that the Contractor agrees to the standard See section above under "Anticipated Start Date°. Rubber stamps, typed or other
45 day cycle; a statutoryuegal exemption such as Ready Payments (G.L. c. 29, S 23A); or Images are not accepted. The Authorized Signatory must be an employee within the
only an initial accelerated payment for reimbursements or start up costs for a grant, with Department legally responsible for the Contract. See Department Head Signature
subsequent payments scheduled to support standard EFT 45 day payment cycle. Financial Authorization. The Department must have the legislative funding appropriated for all the
hardship is not a sufficient justification to accelerate cash flow for all payments under a costs of this Contract or funding allocated under an approved Interdepartmental Service
Contract. Initial grant or contract payments may be accelerated for the first invoice or Initial Agreement IISA). A Department may not contract for performance to be delivered to or by
grant installment, but subsequent periodic installments or invoice payments should be another state department without specific legislative authorization (unless this Contract Isa
scheduled to support the Payee cash flow needs and the standard 45 day EFT payment Statewide Contract). For Contracts requiring Secretarial signoff, evidence of Secretariat
cycle in accordance with the Bill Paying Policy. Any accelerated payment that does not slgnoff must be Included in the Contract file.
provide for a PPD must have a legal Justification In Contract foe for audit purposes Department Name !rifle: Enter the Authorized Signatory's name and flue legibly.
explaining why accelerated payments were allowable without a PPD. CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE Notwithstanding verbal or other representations by the parties, the "Effective Date" of this
Enter a brief descripflon of the Contract performance, project name and/or other identifying Contract or Amendment shall be the latest date that this Contract or Amendment has been
information for the Contract to spedfloally identify the Contract performance, match the executed by an authorized signatory of the Contractor, the Department, or a later Contract
Contract with attachments, determine the appropriate expenditure code (as listed in the or Amendment Start Date specified, subject to any required approvals. The Contractor
Expenditure Classification Handbook) or to identify or clarity Important information related makes all certifications required under this Contract under the pains and penalties of
to the Contract such as the Fiscal Years) of performance (ex, "FY2012° or'FY2012-14'). perjury, and agrees to provide any required documentation upon request to support
Identify settlements or other exceptions and attach more detailed justification and compliance, and agrees that all terms governing pedormance of this Contract and doing
supporting documents. Enter "Multi -Department Use' If other Departments can access business in Massachusetts are attached or Incorporated by reference herein:
procurement For Amendments, Identify the purpose and what items are being amended. Commonwealth and Contractor Ownership Rights. The Contractor certifies and agrees
Merely stating "see attached' or referencing attachments without a narrative descdpt on of that the Commonwealth is enflued to ownership and possession of all "deliverables'
performance is insufficient purchased or developed with Contract funds. A Department may not relinquish
ANTICIPATED START DATE Commonwealth rights to deliverables not may Contractors sell product developed with
The Department and Contractor must certi WHEN obligations under this Commonwealth resources without just compensation. The Contract should detail all
ty Commonwealth deliverables and ownership rights and any Contractor proprietary rights.
ContractiAmendment may be Incurred. Option 1 Is the default option when performance qualifications. The Contactor certifies It is qualified and shall at all times remain qualified
may begin as of the Effective Dale (latest slgnoture date and any required approvals). If to perform this Contract; that performance shall be timely and meet or exceed Industry
the parties want new Contractor renewal to begin as of the upcoming (scat year then list standards for the performance required, Including obtaining requisite licenses,
the fiscal year(s) (ex. 'FY2012' or 'FY2012-14') in the Brief Description section. registraflons, permits, resources for performance, and sufficient professional, liability; and
Performance starts and encumbrances reflect the default Effective Date (if no FY is listed) other appropriate Insurance to cover the performance. If the Contractor is a business, the
or the later FY start date (if a FY Is listed). Use Option 2 only when the Contract will be Contractor certifies that it is listed under the Secretary of States website as licensed to do
signed well In advance of the start date and Identify a specific future start dale. Do not use business in Massachusetts, as required by law.
Option 2 for a fiscal year start unless It is certain that the Contract will be signed prior to Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that
fiscal year. Option 3 is used in lieu of the Settlement and Release Form when the
ContracliAmendmenl Is signed late, and obligations have already been Incurred by the performance under this Contract, in addition to meeting the terms of the Contract, will be
Contractor prior to the Effective Dale for which the Department has either requested, made using ethical business standards and good stewardship of taxpayer and other public
accepted or deemed legally eligible for reimbursement, and the Contract includes funding and resources to prevent fraud, waste and abuse.
supporting documents justifying the performance or proof of eligibility, and approximate Collusion. The Contractor cer6fles that this Contract has been offered in good faith and
costs. Any obligations Incurred outside the scope of the Effective Date under any Option without collusion, fraud or unfair trade practices with any other person, that any actions to
listed, even if the Incorrect Option Is selected, shall be automatically deemed a settlement avoid or frustrate fair and open oompetltlon are prohibited by law, and shall be grounds for
Included under the terms of the Contract and upon payment to the Contractor will release rejection or disqualifipflon of a Response or termination of this Contract.
the Commonwealth from further obligations for the Identified performance. All settlement Public Records and Access The Contractor shall provide full access to records related to
payments require justification and must be under same encumbrance and object codes as performance and compliance to the Department and officials listed under Executive Order
the Contract payments. Performance dates are subject to G.L. c.4. 4 9. 195 and G.L. c. 11. a.12 seven (7) years beginning on the first day after the final payment
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COMMONWEALTH OF MASSACHUSE
TTS - STANDARD CONTRACT FORM
under this Contract or such longer period necessary for the resolution of any litigation,
claim, negotiation, audit or other Inquiry involving this Contract. Access to view Contractor
records related to any breach or allegation of fraud, waste andfor abuse may not be denied
and Contractor can not claim confidentiality or trade secret protections solely for viewing
but not retaining documents. Routine Contract performance compliance reports or
documents related to any alleged breach or allegation of non-compliance, fraud, waste,
abuse or collusion may be provided electronically and shall be provided at Contractors
own expense. Reasonable costs for copies of non -routine Contract related records shall
not exceed the rates for public records under 950 C.M.R. 32,00.
Debarment. The Contractor certifies that nef8her it nor any of its subcontractors are
currently debarred or suspended by the federal or state government under any law or
regulation including, Executive Order 147• G.L. a 29, s. 29F G.L. 00. B 39R, G.L. c.149. S
2�C G.L c 149 4 44C. G L c 149. 41488 and G.L. c. 152. s. 25C.
Applicable Laws. The Contractor shall comply with all applicable state laws and
regulations Including but not limited to the applicable Massachusetts General Laws: the
Official Code of Massachusetts Regulations: Code of Massachusetts Regulations
(unofficial); 801 CMR 21.00 (Procurement of Commodity and Service Procurements,
Including Human and Social Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR
190 (Compliance, Reporting and Auditing for Human And Social Services); AICPA
Standard ; confidentiality of Department records under G.L. c. 66A; and the
Massachusetts Constitution Article XVIII if applicable.
Invoices. The Contractor must submit Invoices in accordance with the terms of the
Contract and the Commonwealth Bill Paying Policy. Contractors must be able to reconcile
and property attribute concurrent payments from multiple Departments. Final Invoices in
any fiscal year must be submitted no later than August 150, for performance made and
received (goods delivered, services completed) prior to June 30e, In order to make
payment for that performance prior to the close of the fiscal year to prevent reversion of
appropriated funds. Failure to submit timely invoices by August 15'b or other date listed in
the Contract shall authorize the Department to Issue an estimated payment based upon
the Departments determination of performance delivered and accepted. The Contractors
acceptance of this estimated payment releases the Commonwealth from further claims for
these Invoices. It budgetary funds revert due to the Contractors failure to submit timely
final Invoices, or for disputing an estimated payment, the Department may deduct a penalty
up to 10% from any final payment in the next fiscal year for failure to submit timely invoices.
Payments Subject To Appropriation. Pursuant to G.L. c. 29 § 26, § 27 and § 29,
Departments are required to expend funds only for the purposes set forth by the
Legislature and within the funding limits established through appropriation, allotment and
subsidiary, Including mandated allotment reductions triggered by G.L. c. 29, 8 9C. A
Department cannot authorize or accept performance in excess of an existing appropriation
and allotment or sufficient non -appropriated available funds. Any oral or written
representations, commitments, or assurances made by the Department or any other
Commonwealth representative are not binding. The Commonwealth has no legal
obligation to compensate a Contractor for performance that is not requested and Is
intentionally delivered by a Contractor outside the scope of a Contract. Contractors should
verify funding prior to beginning performance.
Intercept. Contractors may be registered as Customers In the Vendor file if the Contractor
owes a Commonwealth debt Unresolved and undisputed debts, and overpayments of
Contract payments that are not reimbursed timely shall be subject to Intercept pursuant to
G.L.c. 7A, s. 3 and 815 CMR 9,00. Contract overpayments will be subject to immediate
Intercept or payment offset The Contractor may not penalize any slate Department or
assess late fees, cancel a Contract or other services if amounts are Intercepted or offset
due to reooupment of an overpayment, outstanding taxes, child support, other overdue
debts or Contract overpayments.
Tax Law Compliance. The Contractor certifies under the pains and penalties of perjury
tax compliance with Federal tax laws; state tax laws Including but not limited to G L. c. 62C.
G.L. a 62C s 49A• compliance with all state tax laws, reporting of employees and
contractors, withholding and remitting of tax withholdings and child support and Is in good
standing with respect to all slate taxes and returns due; reporting of employees and
contractors under G.L.c. 62E, withholding and remitting child su000d including G.L. c.
119A s.12. TIR 05-11• New Independent Contractor Provisions and applicable TIRs,
Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and
Conflicts. The Contractor certifies 0 has not been In bankruptcy and/or receivership within
the last three calendar years, and the Contractor certifies that It will immediately nott fy the
Department in writing at least 45 days prior to filing for bankruptcy and/or receivership,
any potential structural change in Its organization, or if there Is any risk to the solvency of
the Contractor that may Impact the Contractors ability to timely fulfill the terms of this
Contract or Amendment. The Contractor certifies that at any time during the period of the
Contract the Contractor is required to affirmatively disclose In writing to the Department
Contract Manager the details of any judgment, criminal conviction, Investigation or litigation
pending against the Contractor or any of its officers, directors, employees, agents, or
subcontractors, Including any potential conflicts of Interest of which the Contractor has
knowledge, or learns of during the Contract term. Law firms or Attorneys providing legal
services are required to Identify any potential conflict with representation of any
Department client In accordance with Massachusetts Board of Bar Overseers (SBO) rules.
Federal Anti -Lobbying and Other Federal Requirements. If receiving federal funds, the
Contractor oediries compliance with federal anti -lobbying requirements including 31USC
1352• other federal reauiements: Executive Order 11246: Air Pollution Act: Federal Water
Pollution Control Act and Federal Employment Laws.
Protection of Personal Data and Information. The Contractor certifies that all steps will
be taken to ensure the security and confidentiality of all Commonwealth data for which the
Contractor becomes a holder, either as part of performance or inadvertently during
performance, with special attenflon to restricting access, use and disbursement of personal
data and Information under G.L. c. 93H and cc. 66A and Executive Order 504. The
Contractor is required to comply with G.L. o. 931 for the proper disposal of all paper and
electronic media, backups or systems containing personal data and Information, provided
further that the Contractor is required to ensure that any personal data or Information
transmitted electronically or through a portable device be properly encrypted using (al a
minimum) Information Technology Division I(TD) Protection of Sensitive Information
provided further that any Contractor having access to credit card or banking Information of
Commonwealth customers certifies that the Contractor is PC] compliant In accordance with
the Payment Card Industry Council Standards and shall provide confir cation compliance
during the Contract, provide further that the Contractor shall Immedlatety notify the
Department In the event of any security breach Including the unauthorized access,
disbursement, use or disposal of personal data or information, and in the event of a
security breach, the Contractor shall cooperate fully with the Commonwealth and provide
access to any information necessary for the Commonwealth to respond to the security
breach and shall be fully responsible for any damages associated with the Contractors
breach including but not limited to G.L. c. 214, s. 3B.
Corporate and Business Filings and Reports. The Contractor certifies compliance with
any certification, fifing, reporting and service of process requirements of the Secretary
the Commonwealth. the Office of the Attorney General or other Departments as related to
its conduct of business In the Commonwealth; and with Its Incorporating slate (or foreign
entity).
Requirements. Contractors that are employers certify compliance with
state and federal employment laws or regulations, including but not limited to
1(Prevailing Wages for Printing and Distribution of Public Documents); G.L. a
and contributions; workers' comps
nine 6Ceg: G.L. c. 149 (Labor and
(Labor
and 455 CMR 2.00 (Minimum Fair Wages): G.L. c.151A (Employment and Training); C.1.
c 151B (Unlawful Discrimination); GL. c. 151E (Business Discrimination); G.L. c. 152
(Workers' Compensation); G.L. c.153 (Liability for Injuries); 29 USC c. 8 (Federal Fair
Labor Standards); 29 USC c, 28 and the Federal Family and Medical Leave Act.
Federal And State Laws And Regulations Prohibiting Discrimination including but not
limited to the Federal Eoual Employment Oopudunity IEE01 Laws the Americans with
the
Accommodations Law G.L. c. 272. s. 92A: G.L. c. 272, s. 98 and 98A,
(Telecommunication Act; Chapter 149, Section 105D. G.L. c. Tom. G.L. a 272, Sateen
92A. Section 98 and Section 98A, and G.L. c. 111, Section 199A. and Massachusetts
DlsablliN-Based Non -Discrimination Standards For Executive Branch Entities and related
Standards and Guidance, authorized under Massachusetts Executive Order or any
disability -based protection arising from state or federal law or precedent See also MCAD
and MCAD links and Resources.
Small Business Purchasing Program (SBPP). A Contractor may be eligible to
participate In the SBPP, created pursuant to Executive Order 523, if qualified through the
SBPP COMMBUYS subsedption process at: www.commbuvs.com and with acceptance of
the terms of the SBPP participation agreement
Limitation of Liability for Information Technology Contracts (and other Contracts as
Authorized). The Information Technology Mandatory Specifications and the IT AcQuIsillon
Accessibility Conlrecl Language are incorporated by reference Into Information Technology
Contracts. The following language will apply to Information Technology contracts In the
LIM. UO2, UO3, U04, U05, U06, U07, U08, U09, U10, U75, U98 object codes in the
Expenditure Classification Handbook or other Contracts as approved by CTR or OSD.
Pursuant to Section 11. Indemnification of the Commonwealth Terms and Conditions, the
term 'other damages° shall include, but shall not be limited to, the reasonable costs the
Commonwealth Inwm to repair, rotum, replace or seek cover (purohase of comparable
substitute commodities and services) under a Contract. 'Other damages'shall not Include
damages to the Commonwealth as a result of third party claims, provided, however, that
the foregoing in no way limits the Commonwealth's right of recovery for personal injury or
property damages or patent and copyright infringement under Section 11 nor the
Commonwealth's ability to join the contractor as a third party defendant. Further, the term
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COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
"other damages" shall not include, and in no event shall the contractor be liable for,
damages for the Commonwealth's use of contractor provided products or services, loss of
Commonwealth records, or data (or other intangible property), loss of use of equipment,
lost revenue, lost savings or lost profits of the Commonwealth. In no event shall 'other
damages" exceed the greater of $100,000, or two times the value of the product or service
(as defined in the Contract scope of work) that is the subject of the claim. Section 11 sets
forth the contractor's entire liability under a Contract. Nothing in this section shall limit the
Commonwealth's ability to negotiate higher limilatons of liability in a particular Contract,
provided that any such Ilmhatlon must specifically reference Section 11 of the
Commonwealth Terms and Conditions. In the event the limitation of liability conflicts with
accounting standards which mandate that there can be no cap of damages, the limitation
shall be considered waived for that audit engagement. These terms may be applied to
other Contracts only with prior written confirmation from the Operational Services Division
or the Office of the Comptroller. The terms in this Clarification may not be modified.
Northern Ireland Certification. Pursuant to G.L. c. 7 s. 22C for state agencies, state
authorities, the House of Representatives or the slate Senate, by signing this Contract the
Contractor certifies that It does not employ ten or more employees in an office or other
facility in Northam Ireland and if the Contractor employs ten or more employees in an office
or other facility located In Northern Ireland the Contractor certifies that it does not
discriminate in employment, compensation, or the terms, conditions and privileges of
employment on account of religious or political belief; and it promotes religious tolerance
within the work place, and the eradication of any manifestations of religious and other
illegal discrimination; and the Contractor is not engaged In the manufacture, disbibution or
sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or
military aircraft for use or deployment in any activity in Northern Ireland.
Pandemic, Disaster or Emergency Performance. In the event of a serious emergency,
pandemic or disaster outside the control of the Department, the Department may negotiate
emergency performance from the Contractor to address the immediate needs of the
Commonwealth even If not contemplated under the original Contract or procurement.
Payments are subject to appropriation and other payment terms.
Consultant Contractor Certifications (For Consultant Contracts °HH" and "NN" and
'U05° object codes subject to G.L. Chapter 29 s 29A). Contractors must make required
disclosures as pad of the RFR Response or using the Consultant Contractor Mandatory
Submission Form.
Attorneys. Attorneys or firms providing legal services or representing Commonwealth
Departments may be subject to G.L. c. 30, s. 65, and if providing litigation services must be
approved by the Office of the Attorney General to appear on behalf of a Department, and
shall have a continuing obligation to notify the Commonwealth of any conflicts of interest
arising under the Contract.
Subcontractor Performance. The Contractor certifies full responsibility for Contract
performance, including subcontractors, and that comparable Contract terms will be
Included in subcontracts, and that the Department will not be required to directly or
Indirectly manage subcontractors or have any payment obligations to subcontractors. .
EXECUTIVE ORDERS
For covered Executive state Departments, the Contractor certifies compliance with
applicable Executive Orders (see also Massachusetts Executive Orders), including but not
limited to the specific orders listed below. A breach during period of a Contract may be
considered a material breach and subject Contractor to appropriate monetary or Contract
sanctions.
Executive Order 481. Prohibiting the Use of Undocumented Workers on State Contracts.
For all state agencies in the Executive Branch, including all executive offices, boards,
commissions, agencies, Departments, divisions, councils, bureaus, and olnm, now
existing and hereafter established, by signing this Contract the Contractor certifies under
the pains and penalties of perjury that they shall not knowingly use undocumented workers
In connection with the performance of this Contract; that, pursuant to federal requirements,
shall verify the immigration status of workers assigned to a Contract without engaging in
unlawful discrimination; and shall not knowingly or recklessly alter, falsity, or accept altered
or falsified documents from any such worker
Executive Order 130. Anti -Bo cn . The Contractor warrants, represents and agrees that
during the time this Contract Is in effect, neither it nor any affiliated company, as hereafter
defined, participates in or cooperates with an International boycott (See RM
9991b)(3)-
(4), and IRS Audit Guidelines Boycotts) or engages in conduct declared to be unlawful by
G.L. c 151E s. 2. A breach in the warranty, representation, and agreement contained in
this paragraph, without limiting such other rights as it may have, the Commonwealth shall
be entitled to rescind this Contract. As used herein, an affiliated company shall be any
business entity of which at least 51% of the ownership interests are directly or Indirectly
owned by the Contractor or by a person or persons or business sniffy or entities directly or
Indirectly owning at least 51 % of the ownership Interests of the Contractor, or which directly
or Indirectly owns at least 51% of the ownership interests of the Contractor.
Executive Order 346. Hiring of State Employees By State Contractors Contractor certifies
compliance with both the conflict of Interest law G.L. c. 268A specifically s 5 10 and this
order; and includes limitations regarding the htale employees by private
companies contracting with the Commonwealth. A privatization contract shall be deemed
to include a specific prohibition against the hiring at any time during the term of Contract,
and for any position in the Contractors company, any stale management employee who is,
was, or will be Involved in the preparation of the RFP, the negotiations leading to the
awarding of the Contract, the decision to award the Contract, and/or the supervision or
oversight of performance under the Contract.
Executive Order 444. Disclosure of Family Relationships With Other State Employees.
Each person applying for employment (including Contract work) within the Executive
Branch under the Governor must disclose in writing the names of all Immediate family
related to immediate family by marriage who serve as employees or elected officials of the
Commonwealth, All disclosures made by applicants hired by the Executive Branch under
the Governor shall be made available for public inspection to the extent permissible by law
by the official with whom such disclosure has been filed.
Executive Order 504. Regarding the Security and Confidentiality of Personal Information.
For all Contracts involving the Contractors access to personal information, as defined in
G.L. c. 93H, and personal data, as defined in G.L. c. 66A, owned or controlled by
Executive Department agencies, or access to agency systems containing such information
or data (herein collectively "personal Information"), Contractor certifies under the pains and
penalties of perjury that the Contractor (1) has read Commonwealth of Massachusetts
Executive Order 504 and agrees to protect any and all personal Information; and (2) has
reviewed all of the Commonwealth Information Technology Division's Security
Policies. Notwithstanding any contractual provision to the contrary, in connection with the
Contractors performance under this Contract, for all state agencies in the Executive
Department, including all executive offices, boards, commissions, agencies, departments,
divisions, councils, bureaus, and offices, now existing and hereafter established, the
Contractor shall: (1) obtain a copy, review, and comply with the contracting agency's
Information Security Program (ISP) and any pertinent security guidelines, standards, and
policies; (2) comply with all of the Commonwealth of Massachusetts Information
Technology Division's "Security Policies ) (3) communicate and enforce the contracting
agencys ISP and such Secudty Policies against all employees (whether such employees
are direct or contracted) and subcontractors; (4) implement and maintain any other
reasonable appropriate security procedures and practices necessary to protect personal
Information to which the Contractor is given access by the contacting agency from the
unauthorized access, destruction, use, modification, disclosure or loss; (6) be responsible
for the full or partial breach of any of these terms by its employees (whether such
employees are direct or contracted) or subcontractors during or after the term of this
Contract, and any breach of these terns may be regarded as a material breach of this
Contrad; (6) in the event of any unauthorized access, destruction, use, modification,
disclosure or loss of the personal Information (collectively referred to as the "unauthorized
use"): (a) immediately notify the oontracting agency if the Contractor becomes aware of the
unauthorized use; (b) provide full cooperation and access to information necessary for the
contracting agency to determine the scope of the unauthorized use; and (c) provide full
cooperation and access to information necessary for the contracting agency and the
Contractor to fulfill any notification requirements. Breach of these terms may be regarded
as a material breach of this Contract, such that the Commonwealth may exercise any and
all contractual rights and remedies, including without limitation indemnification under
Section 11 of the Commonwealth's Terms and Conditions withholding of payments.
Contract suspension, or termination. In addition, the Contractor may be subject to
applicable statutory or regulatory penalties, including and without limitation, those Imposed
pursuant to G.L. c. 93H and under G.L. c. 214, 4 3B for violations under M.G.L c. 66A.
Executive Orders 523. 524 and 526. Executive Order 526 (Order Regarding Non -
Discrimination, Diversity, Equal Opportunity and Affirmative Action which supersedes
Executive Order 478). Executive Order 524 (Establishing the Massachusetts Supplier
Diversity Program which supersedes Executive Order 390). Executive Order 523
(Establishing the Massachusetts Small Business Purchasing Program.) All programs,
activities, and services provided, performed, licensed, chartered, funded, regulated, or
contracted for by the state shall be conducted without unlawful discrimination based on
race, color, age, gender, ethnicity, sexual orientation, gender Identity or expression,
religion, creed, ancestry, national origin, disability, veteran's status (including Vietnam -era
veterans), or background. The Contractor and any subcontractors may not engage in
discriminatory employment practices; and the Contactor cer50es compliance with
applicable federal and state laws, rules, and regulations governing fair labor and
employment practices; and the Contractor commits to purchase supplies and services from
certified minority or women -owned businesses, small businesses, or businesses owned by
socially or economically disadvantaged persons or persons with disabilities. These
provisions shall be enforced through the contracting agency, OSD, andfor the
Massachusetts Commission Against Discrimination. Any breach shall be regarded as a
material breach of the contract that may subject the contractor to appropriate sanctions.
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