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MASSGAMING
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2015 COMMUNITY MITIGATION RESERVE FUND GRANT
By and Between the Massachusetts Gaming Commission and
the Town of Mansfield, Massachusetts
12016
This 2015 Community Mitigation Reserve Fund Grant Agreement, (the "Grant"), dated as
of OYIG h 7, 5 , 2016 ("Effective Date") is entered into by and between the Massachusetts
Gaining Commission ("Commission"), an agency of the Commonwealth of Massachusetts, and
the town of Mansfield ("Mansfield" or "Town") in accordance with G.L. c.23K, §61 and the
2016 Community Mitigation Fund Guidelines.
RECITALS
WHEREAS, the Commission has been created to ensure public confidence in the integrity of the
gaming licensing process and in the strict oversight of all gaming establishments through a
rigorous regulatory scheme; and
WHEREAS, pursuant to G.L. a 23K, §61, the Commission shall administer a Community
Mitigation Fund to assist the host community and surrounding communities in offsetting costs
related to construction and operation of gaming establishments.
WHEREAS, the Town of Mansfield has been identified as a surrounding community, as defined
in G,L, e.23K, §2; and
WHEREAS, the Town of Mansfield identified costs related to the construction and operation of
a gaming establishment in Plainville; and
WHEREAS, the Town of Mansfield anticipates expending funds for planning purposes, to assist
the Town either to achieve future benefit from a gaming establishment in Plainville or mitigate
any adverse impacts; and
WHEREAS, in accordance with GL. c.23K, §61 the Commission may receive and approve
requests from a municipality to offset costs related to the construction and operation of a gaming
establishment; and
WHEREAS, the Town of Mansfield has submitted a 2015 Community Mitigation Fund
Application to the Commission in accordance with G.L, c. 23K, §61 requesting disbursements to
Mansfield from the Community Mitigation Fund; and
Mansfield 2015 Community Reserve Fund Grant
Page 2
WHEREAS, the Commission has determined that the Town of Mansfield is eligible for the
receipt of a Grant and that the Town of Mansfield has agreed to accept the funds subject to all of
the terms and conditions of this Grant; and
WHEREAS, the Commission has determined that there are sufficient funds available in the
custody of the Commission, to make disbursements to the Town; and
WHEREAS, the Commission has been granted the power to execute all instruments necessary
or convenient for accomplishing the purposes of G.L. c.23K; and
WHEREAS, the Commission has been granted the power to enter into agreements or other
transactions with a person, including, but not limited to, a public entity or other governmental
instrumentality or authority in connection with its powers and duties under G.L. c.23K;
NOW, THEREFORE, in consideration of the promises and the mutual covenants contained in
this Grant, the receipt and legal sufficiency of which are hereby acknowledged, the Commission
and the Town of Mansfield, intending to be legally bound, hereby agree as follows:
The Commission agrees to provide a Grant of funds to the Town of Mansfield, subject to all of
the following terms and conditions:
SECTION 1
2015 COMMUNITY MITIGATION FUND APPLICATION
2015 Community Mitigation Fund Application ("Application") shall mean the application
submitted by the Town and approved by the Commission on December 17, 2015 detailing the
costs to offset the impacts of the gaming establishment. The Application shall include detailed
estimates, including the scope of work, from prospective contractors, vendors, and/or service
providers.
SECTION 2
THE GRANT
As of the Effective Date and subject to the satisfaction of or compliance with, as reasonably
determined by the Commission: (a) all of the terms and conditions of this Grant, (b) the
applicable provisions of G1, c.23K, Chapter 194 of the Acts of 2011, and 205 CMR, and (c) any
other rule, regulation, policy, guideline, approval, or directive of the Commission, the
Commission hereby approves the following Grant: an amount that shall under no circumstances
exceed One Hundred Thousand Dollars ($100,000.00). The Parties hereby acknowledge and
agree that the amount set forth in this section as determined by the Commission in its sole
discretion, is the maximum amount of funding that the municipality may receive from the
Commission under this specific Grant. This Grant is also subject to all the terms and conditions
in the Commonwealth of Massachusetts — Standard ;Contract Form as issued by the
Massachusetts Executive Office for Administration and Finance.
Mansfield 2015 Community Reserve Fund Grant
Page 3
SECTION 3
COVENANTS, REPRESENTATIONS, AND WARRANTIES
The Town covenants and agrees that in exchange for this Grant, the Town shall and shall cause
its employees, agents, and representatives to perform and comply with the following covenants,
and otherwise represents and warrants as follows:
3.1 The Town shall arrd shall cause its employees to comply with all provisions of this Grant,
and all provisions of law that are applicable to the Grant; the Town shall take all action necessary
to fulfill its obligations under this Grant and under all other agreements related to the Grant that
have been referenced herein or otherwise approved by the Commission.
3.2 The Town hereby acknowledges and agrees that neither the Town nor any of its employees,
officials or agents has submitted nor shall submit any false or intentionally misleading
information or documentation to the Commission in connection with this Grant, including the
Application, and further acknowledges and agrees that the submission of any such information or
documentation shall be a material breach of this Grant and may be cause for the Commission to
revoke any and all payments otherwise due to the Town, to recover any previous payments made
to the Town, and/or make the Town ineligible for any further funding from the Commission. The
Town hereby further agrees that it shall have a continuing obligation to update and notify the
Commission in writing when it knows or has any reason to know that any information or
documentation submitted to the Authority contains false, misleading or incorrect information.
33. The Town certifies that the funds from this Grant will be used solely for the purposes
outlined in SECTION 4- SCOPE OF GRANT.
3.4. The Town of Mansfield must provide a work plan that contains detailed information about
methods of data collection and analysis, time frames and specific outcome measures to the
Director of Research and Responsible Gaining of the Massachusetts Gaming Commission within
sixty days of the effective date of this grant.
The documented data delivered to the Commission or designee shall contain the following:
• Data that indicates the. gaming related impact on the quality of life, rather than simply
crime itself, that result in a measurable impact on the community and the related social
services.
• Data obtained from the narrative portion of public safety calls for service, incident and
arrest reports.
• A review of public safety activity relating to the Grey Economy such as drugs, human,
trafficking, and the like as well as community responses and proposed future responses to
the issues presented, to determine if that activity has seen an increase.
3.5. Upon request, Mansfield shall provide a generalizable logic model and recommendations for
use by other communities for similar investigations.
3.6. The Town hereby agrees that it shall use its best efforts and resources to diligently satisfy
and complete each of the terms and conditions of this Grant and the purposes for which the
funding is being provided, as set forth in SECTION 4- SCOPE OF GRANT, as promptly as
possible.
Mansfield 2015 Community Reserve Fund Grant
Page 4
33. The Town hereby acknowledges and agrees that all expenditures of Grant funds shall be
subject to review and audit by the Commission.
3.8, The Town hereby acknowledges and agrees that it shall provide the Commission with a
quarterly update on the expenditure of the Grant funds
3.9. The Town hereby acknowledges and agrees that it shall keep all records and receipts related
to or generated by any expenditure of Grant funds.
3.10, With respect to all actions taken in relation to the Grant, the Town and all of its officers,
agents and employees shall observe and obey, and shall include language in all of its contracts
with the contractors and vendors requiring them to observe and obey all federal, state and local
laws, regulations, ordinances, codes, statutes, orders and directives and any other applicable
provisions of law.
3,9 The Town shall furnish to the Commission such further affidavits, certificates, opinions of
counsel, surveys and other documents and instruments as may be required by the Commission to
ensure that the terms of this Grant are being observed and performed in all respects.
3.10 The Town hereby acknowledges and agrees that the terms set forth in the Grant are intended
solely to govern the disbursement of funds in accordance with G.L. c.23K, §61. Nothing herein
shall be construed as advice to, nor create a duty to provide advice to, the Town regarding legal
or contractual requirements or best practices. Further, nothing in this Grant shall be construed as
creating a duty or obligation on the part of the Commission to oversee or monitor the
performance of any contractor, vendor, or other project participants.
3.11 The Town represents that the acceptance of funding in accordance with the terms of this
Grant does not and will not conflict with or result in the violation of any charter, by-law,
ordinance, order, rule, regulation, statute or any other applicable provision of law or any order,
rule, regulation or judgment of any court or other agency of government.
3.12 The Town represents that it has duly obtained all necessary votes, resolutions,
appropriations, and local approvals for the actions set forth in SECTION 4- SCOPE OF
GRANT, and has taken all actions necessary or required by law to enable it to execute this Grant
and to perform its obligations hereunder.
3.13 The Town has read and fully understands the provisions of the Massachusetts Conflict of
Interest law, M.G.L. c. 268A, and has implemented policies and procedures to ensure that all
employees, agents, consultants and representatives working on or for any project for which Grant
funds will be used are in compliance with G.L, c. 268A to the extent that it is applicable,
3.14 The Town has implemented policies and procedures to prevent and eliminate fraud, waste
and abuse of public funds in connection with the expenditure of the funds from this Grant.
3.15 The Town represents that all meetings of all public bodies in the Town that relate in any
way to the expenditure of funds from this Grant have been conducted, and shall be conducted, in
compliance with the provisions of G.L, c. 30A, §§18-25, 940 CMR 29.00 el seg., and all other
applicable law.
3.16 The Town agrees, upon request by the Commission, to provide reasonable assistance to and
cooperate with the Commission in furtherance of the Commission's study of gaming related
crime in Massachusetts, The Town agrees to document any potential costs for assisting in the
Mansfield 2015 Community Reserve Fund Grant
Page 5
Commission's study prior to the expenditure of funds. These costs will be reviewed by the
Director of Research and Responsible Gambling prior to any distribution of funds.
SECTION 4
SCOPE OF GRANT
Having received and reviewed the Application dated July 16, 2015 and supporting
documentation submitted by the Town, the Commission hereby finds that the following are
necessary and reasonable costs to offset costs related to the construction and operation of a
gaming establishment:
Description of Scope
1. Confirmed by a vote by the Massachusetts Gaming Commission on December 17, 2015,
this grant maybe used for up to ,y �rfieal„e,of the brrts�1'a saiar to the
extent such work is related to the`ftreasuxement analysis and mitigation of gaming related
issues. That amount will be certified by both the Town Manager and the Chief of Police
from Mansfield as gaming related.
2. Mansfield may request reimbursement for expenses incurred in assisting the Commission
funded study of gaming related crime in Massachusetts. Mansfield must receive prior
approval of any work plan containing any activity and/or expense that it seeks to be
reimbursed to the Director of Research and Responsible Gaming of the Massachusetts
Gaming Commission, For all expenditures, the Town Manager and the Chief of Police
shall certify that the expenditures are gaming related.
3. In recognition of Mansfield's prior participation and expenditure of resources related to the
operations of a gaming establishment in Plainville, Mansfield may submit documentation of
reasonable expenses for reimbursement in accordance with the 2015 Community Mitigation
Guidelines.
SECTION 5
DISBURSEMENT OF THE GRANT
Subject to the terms and conditions set forth in this Grant, the Commission shall disburse Grant
funds in accordance with the following:
1. Having completed review of the Application submitted by the Town, the Commission has
determined that the Town is eligible for funding in the amount set forth in SECTION 2-
THE GRANT.
2. The funding is solely intended for use towards the execution of the items delineated in
SECTION 4- SCOPE OF GRANT.
3. Within 30 days of execution of this instrument the Commission shall either issue a check
or transfer monies electronically in an amount equal to twenty-five percent (25%) of the
total amount of the Grant ("First Payment") to the Town. The check shall be delivered via
certified mail to the Town. The Town shall provide the Commission, in writing, the name
and address of the individual to whose attention the check should be directed or provide
wiring instructions. Provided however, if the grant is intended to reimburse the Town for
previous expenditures the entire approved amount may be remitted at once.
Mansfield 2015 Community Reserve Fund Grant
Page 6
4, Within 30 days of the Commission's receipt of an accounting of expenditures from the First
Payment, and the receipt of either estimates of proposed expenditures of grant monies, a copy
of an invoice, or proof of payment, the Commission shall either issue a check or transfer
monies electronically in an amount equal to Fifty Percent (501/o) of the total amount of the
Grant ("Second Payment") to the Town. The cheek shall be delivered via certified mail to
the Town.
5. Within 30 days of the Commission's receipt of an accounting detailing expenditures from the
Second Payment, and the receipt of either estimates of proposed expenditures of grant
monies, a copy of an invoice, or proof of payment, the Commission shall either issue a
check or transfer monies electronically in an amount equal to Twenty -Five Percent (25%) of
the total amount of the Grant ("Final Payment") to the Town.
6. Acceptance and processing of the Final Payment by the Town shall indicate receipt of the
grant fimds in full satisfaction of the request articulated in the Applicalion. The Town
shall provide the Commission with a final accounting after the expenditure of the Final
Payment.
Payment Schedule For the Mansfield Community Mitigation Grant:
Total Grant Amount
$100,000.00
Percentage
Payment
Outstanding 13alanee
First Payment (25%)
$25,000.00
$75,000.00
Second Payment (50%)
$50,000.00
$25,000.00
Final Payment (25%)
$25,000.00
$000.00
SECTION 6
FINAL REVIEW AND AUDIT
Upon expenditure of all funds distributed under this Grant, the Town shall forward an accounting
to the Commission of all expenditures made pursuant to the terms of this Grant which shall
include, at a minimum, an itemization of all fimds expended, a description of the work performed
or service provided, the identification of the party that performed the work or provided the
service, a copy of the final invoice, and proof of payment. The Commission may request any
supplemental information it deems necessary to ensure that the funds were expended in
accordance with SECTION 4 - SCOPE OF GRANT. The Commission may conduct, or cause
to be conducted, an audit of the transactions and expenditures made by the Town in connection
with this Grant.
In the event that the Commission detects any irregularity in the expenditure of any Grant funds,
it may request reimbursement of those misspent funds or pursue any other remedy available by
law.
Unused funds must be promptly returned to the Commission upon the completion of the items
identified in SECTION 4 - SCOPE OF GRANT or funds unused by the expiration of the five
Mansfield 2015 Community Reserve Fund Grant
Page 7
year term of the gaming license awarded to Springfield Gaming and Redevelopment LLC, The
town may request and the Commission may allow the Town to use funds from this Grant after
the expiration of said five year gaming license.
SECTION 7
INDEMNIFICATION
To the fullest extent permitted by law, the Town shall indemnify, defend, and hold harmless the
Commission, commissioners, agents and employees from and against any and all claims, actions,
damages, awards, judgments, liabilities, injuries, costs, fees, expenses, or losses, including,
without limitation, reasonable attorney's fees and costs of investigation and litigation whatsoever
which may be incurred by or for which liability may be asserted against the. Commission, its
commissioners, agents or employees arising out of any activities undertaken by, for, or on behalf
of the Town relative to the expenditure, disbursement, or use of the funds associated with this
Grant or any activities, acts or omissions in relation to the Grant including, but not limited to, the
performance of any contract or obligation directly or indirectly related to the Grant. This Section
shall not be construed to negate or abridge any other obligation of indemnification running to the
Commission which would otherwise exist.
No member or employee of the Commission shall be held personally or contractually liable by or
to the Town or the developer under any provision of this Grant, because of any breach of this
Grant, or because of its execution or attempted execution.
SECTION 8
NOTICE
Any notices required or permitted to be given by either of the Parties hereunder shall be given in
writing and shall be delivered to the addressee (a) in -hand (b) by certified mail, postage prepaid,
return receipt requested; or (c) by a commercial overnight courier that guarantees next day
delivery and provides a receipt, and such notices shall be addressed as follows:
If to the Commission:
Massachusetts Gaming Commission
101 Federal Street, 12 "Floor
Boston, MA 02110
Attention: Executive Director
If to the Town of Mansfield:
Town of Mansfield
50 West Street
Mansfield, MA 02048
Attn: Town Manager and Chief of Police
or to such other address or addressee as the Commission and the Town may from time to
time specify in writing. Any notice shall be effective only upon receipt.
Mansfield 2015 Community Reserve Fund Grant
Page 8
SECTION 9
AMENDMENTS
This Grant may be amended only through a written amendment signed by duly authorized
representatives of the Commission and the Town,
SECTION 10
ATTESTATION
All certifications, filings, and submissions to the Commission in furtherance of this Grant shall
contain a statement, signed by a duly authorized representative of the Town, that such
certification, filing, or submission is true, complete and accurate, to the best of the Town's
knowledge.
SECTION 11
GOVERNING LAW, VENUE, AMENDMENT AND SEVERABILITY
11.1 This Grant shall be governed by and interpreted in accordance with the laws of the
Commonwealth of Massachusetts. In case any provision(s) hereof shall be determined invalid or
unenforceable under the applicable law, such provision(s) shall, insofar as possible, be construed
or applied in such manner as will permit the enforcement of this Grant; otherwise, this Grant
shall be construed as though such provision(s) had never been made a part hereof.
11.2 Any civil action brought against the Commission by the Town, or any person or entity
claiming through or under it, which arises out of the provisions of this Grant, shall only be
brought in the Superior Court for Suffolk County, Massachusetts. The Town, for itself and for
any person or entity claiming by through or under it, hereby waives any defenses that it may
have as to the venue to which it has agreed herein, including, but not limited to, any claim that
this venue is improper or that the forum is inconvenient. The Town for itself and for any person
or entity claiming by through or under it, hereby waives all rights, if any, to a jury trial in any
civil action against the Commission that may arise out of the provisions of this Grant.
11.3 This Grant and any amendments hereto shall be deemed null and void and of no further
force or effect unless it is executed by a duly authorized representative of the Commission and a
duly authorized representative of the Town. The undersigned, who are signing on behalf of the
Town, hereby warrant and represent that they possess the full legal authority to execute this
Grant on behalf of the Town and to bind the Town to its terms and conditions. In the event that
the Commission later determines that the undersigned are not duly authorized to execute this
Grant and to bind the Town, the Commission may, in its sole discretion, take whatever action it
deems necessary to terminate this Grant, to suspend or terminate payments to the Town and to
recover any funds disbursed to the Town. Any rights and remedies available to the Commission
under the provisions of this Grant shall be in addition to any other rights and remedies provided
by law.
SECTION 12
WAIVERS
12.1 The terms, conditions, covenants, duties and obligations contained in this Grant may be
waived only by written agreement executed by duly authorized representatives of the
Mansfield 2015 Community Reserve Fund Grant
Page 9
Commission and the Town. No waiver by either party of any term, condition, covenant, duty or
obligation shall be construed as a waiver of any other term, condition, covenant, duty or
obligation nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent
breach, whether of the same or a different section, subsection, paragraph, clause, phrase, or other
provision of this Grant. Forbearance or indulgence in any form or manner by either Party to this
Grant shall not be construed as a waiver, nor in any way limit the remedies available to that
party.
12.2 The Commission's payment(s) to the Town under this Grant or its review, approval or
acceptance of any actions by the Town under this Grant shall not operate as a waiver of any
rights or remedies available to the Commission under this Grant or as otherwise provided by law.
IN WITNESS WHEREOF, the Massachusetts Gaming Commission and the Town of
Mansfield have caused this Grant Agreement to be executed by their duly aulhoriMd
representatives this').VS4v�day of in the year 2016.
MASSACHUSETTS GAMING
By: �ep-
30 (signat re)(,f0 Z IrM6lk
(print name)
O bdaSM ")
Title:
TOWN OF MANSFIELD
(signature)
(print name)
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Title:
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
This form is Jointly Issued and published by the Executive Office for Administration and Flnaace IANFI, the 011fce of the Comptroller (CTRt and the Operational Services Division (OSD)
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 of this form shall be
void. Additional non�confllcting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, conked forms orother additional
terms as pad of this Contract without prior Department approval. Click on hypedinksfor de0nitions, instructions and legal requirements that are Incorporated by reference into this
r.nnlraM An Aieclennin mnu nr lhiq fame is awdlahlp ar v jMats nOVlnSC undAr(iuklance For Vandas•Forms or www.massmoylosd under OSD Forms,
CONTRACTOR LEGAL NAME: Town of Mansfield
COMMONWEALTH DEPARTMENT NAME: Massachusetts Gaming Commission
MMARS Department Code: MGC
Legal Address: (W•9, W4,T&C): Town Hall, 6 Park Row, Mansfield, MA 02048
gysimosa Meiling Address: 101 Federal Street, 12th floor, Boston, MA 02110
Contract a a er William R. Ross, Town Manager
Bllling Address (if different):
E•Mail: wross@mansfieidme.com
Co roc onagor: John S, Ziemba
Phone: 508261.7370
Fax: 508281.7498
E•Mall: John.S.Zlemba@MossMall.State.MA.US
Contractor Vendor Code: VC6000191867
Phone: 617979.8420
Fax: 617725.0256
Vendor Code Addross)p (e.g. 1100011'): A0001
MARS Doc ID(s1: GAEIGAX
RFR1Procurement or Other lD Number: NIA
(Note: The Address Id Must be setup for EFT payments.)
X NEW CONTRACT
_ CONTRACT AMENDMENT
PROCUREMENT OR EXCEPTION TYPE:(Check one option only)
Enter Current Contract End Date Prior to Amendment: _, 20�
_ Statewide Cotilac (OSD or an OSD-designated Department)
Enter Amendment AmounC$ .(or'no change')
Collective Purchase (Attach 080 approval, scope, budget)
AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.)
_Donarlmon(Prociumminj(includes Stale or Federal grants 815 CMR 2A0)
_ Amendment to Scoae Or Budaet(Attach updated scope and budget)
(Attach RFR and Response or other procurement supporting documentation)
Interim Contract (Attach Justification for Interim Contract and updated scopelbudget)
rec _•ent Contract (Attach jbstificallon for emergency, scope, budget)
_
any updates to scope or budget)
Contract Employe (Attach Emaloymeniflalus Farm, scope,budgel)
LegislallvelLoaal or Olher.(Attach authorizing larlguagefjusli0callon, scope
_ConUaclHmplovoo(Altach
_ Lenlsia11va1Leaal or Olher.(Attach authorizing language(usification and updated
-k
and budget) M.G.L. c. 23K, §15(11)
scope and budget)
The following COMMONWEALTH TERMS AND CONDITIONS (T&C) has been executed, filed with CTR and is Incorporated by reference Into this Contract.
_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 nomappropdated funds, subject to Intercept for Commonwealth owed debts under 815 CMR 910.
_ 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.)
cZMaximumOblinuJfdt9onlrim Enter Total Maximum Obligation for total duration of this Contract (or nowTotal if Contract is being amended),$ 100000.00
PROMPT PAYMENT DISCOUNTS (PPD); Commonwealth payments are issued through El 45 days from invoice recelpl. Contractors requesting accelerated payments must
Identify a PPD as follows: Payment Issued within 10 days _°h PPD; Payment Issued within 15 days _ % PPD; Payment Issued within 20 days _ % PPD; Payment Issued within
30 days _"A PPD. If PPD percentages are left blank, Identity reason: _agree to standard 45 day cycle _ slatuloryllegal or Ready Payments (G L c. 29 6 23A); only initial
payment subsequent payments scheduled to support standard EFT 45 day payment cycle. See rpm tPa Discount Poli .
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE or REASON FOR AMENDMENT: (Enter the Contract titre, purpose, fiscal years) and a detailed description of the scope
of performance or what Is being amended for a Contract Amendment. Attach all supporting documentation and jusli0ealions.)
M.G.L. c. 23K, §15(11) allows for applicants to pay surrounding communities an agreed upon amount for the potential Impact of a casino or slot parlor. The terms
agreed are attached,
ANTICIPATED START GATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations:
_ 1. may be incured os of the ElfeeUve Date (latest signature dale below) and nn obligations have been incurred offer to the Effective Dale.
_ 2. may be icourred as of. 20_, a dale LATER than the Effective Date below and rs obligations have been incurred Prior to the Effective Dote.
were Incurred as of_, 20_, a date PRIOR to the Effective Date below, and the parties agree that payments for any obligations Incurred prior to the Effective Data are
_3.
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: Contract performance shall terminate as of .: 20_, with no new obligations being Incurred oiler this dale unless the Contract is property
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 Contract or
Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Sled Date specified above, subject to any required
approvals. The Contractor makes all cedifrattons required under the attached Contractor Certifications (incorporated by reference If not attached hereto) under the pales and
penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this Contract 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 Certification, the Request for Response (RFR) or other solicitation, the Contadoes Response,
and additional negotiated terms, provided that addItional negotiated terms will take precedence over the relevant forms 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 of Response terms result in beat value, lower costs, or a more cost effective Contract.
A THORIZI G 8I9qVYRIE F ITV ONTRACTOR' AUTHOMNO SIG R"O THE OMMONWEALTH:
X: � -� Date: X: .Date: 3 ZS
(Signature and Dale Must Be Handwritten At Time of Signature) (Sf storeand • ate Must Be Handwritten At Tlme of Sf nature)
Print Name: William R. Ross Print Name, John S. Ziemba
Print Title: Town Manager Print Tltle: Ombudsman
(Updated 612712011) Page 1 of 6
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
*1�0
posted.
CONTRACT END DATE
COMMONWEALTH TERMS AND CONDITIONS
The Department must enter the date that Contract performance will terminate. If the
Identify which Commonwealth Terms 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 Fenn 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 Vendor File and W-_%Policy.
but not longer than the period of procurement listed in the RFR, or other solicitation
COMPENSATION
document (it applicable). No new performance is allowable beyond the end dale without
an amendment, but the Department may allow a Contractor to complete minimal close out
IdonOly tl the Contract is a Rate Contract (with no slated Maximum Obigatlon) of 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 dose out performance Is subject to appropriation and
Obligation based upon the increase or decreasing Amendment. The Total Maximum
funding limits under slate finance law, and CTR may adjust encumbrances and payments
Obligation must reflect the total funding for the dales of service under the contract,
In the stale accounting system to enable final close out payments. Performance dates are
Including the Amendment amount If the Contract Is being amended. The Maximum
subject to G.L_cA M.
Obligation must match the MMARS encumbrance. Funding and allotments must be
CERTIFICATIONS AND EXECUTION
verified as available and eacumbored prior to Incurring obligailons. If a Contract includes
both a Maximum Obligation component and Rate Contract component, check off both,
See Department Head Skinoluro Aulhodzallon Put icv and the contractor Aulhorized
specific Maximum Obligation amounts or amended amounts and Attachments must dearly
$IgbAI9y LLalinglor policies on Contractor and Department signatures.
outline the Contract breakdown to match the encumbrance.
Authorizing Signature for ConlractorlDate: The Authorized Contractor Signatory must
PAYMENTS AND PROMPT PAY DISCOUNTS
(In their own handwriting and in Ink) sign AND enter the date Ore Contract Is signed. See
section above under'Anttdaated Contract Stan Dala . Acceptance of payment by the
Payments are processed within a 45 day payment cycle through EFT In accordance with
Contractor shall waive any fight of the Contractor to claim the ContractrAmendmant Is not
the Commonwealth Bill Paying Police for Investment and cash flow purposes.
valid and the Contractor may not void the Contract Rubber stamps, typed or other
Departments may NOT negotiate accelerated payments and Payees are NOT entitled to
Images are not acceptable. Proof of Contractor signature authorization on a Contractor
accelerated payments UNLESS a prompt payment discount (PPD) Is provided to support
Authorized Signatory Lisiinn may be required by the Department if not already on file.
the Commonwealth's loss of investment earnings for this earlier payment, or unless a
Contractor Name Rifle: The Contractor Authorized Signatory's name and tide must
payments is legally mandated to be made in less than 45 days (s.g., construction
appear legibly as it appears on the Contractor Authorized Slanatory Listing.
contacts, Ready Payments under G.L. c. 29, s. 23A1. See Emmet Pay Discounts P01i4y.
PPD are identified as a percentage discount which will be automatically deducted when an
Authorizing Signature For CommonwealthlDate: The Authorized Department Signatory
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.
See section above under 'Anticipated Sled Dalo'. Rubber stamps, typed or other
PPD. If PPD fields are left blank please identify that the Contractor agrees to the standard
45 day cycle; a stalutorygegal exemption such as Ready Payments (G.L c. 29.6 23Ay; or
Images are not accepted. The Authorized Signatory most be an employee within the
only an Initial accelerated payment for reimbursements or start up rusts for a grant, with
Department legally responsible for the Contract. See Department Head Siena ur
Authorization. The Department must have the legislative funding appropriated for all the
subsequent payments scheduled to support standard EFT 45 day payment cycle. Financial
hardship is not a sufficient justification to accelerate cash How for ail payments under a
costs of this Contract or funding allocated under an aoor0 Inlerdepaffmenlai Servlce
Contract. Initial grant or contract payments may be accelerated for the flrsf invoice or initial
Agreement (ISA). A Department may not contract for performance to be delivered to or by
another stale department without specific legislative authorization(unless this Contract is
grant Installment but subsequent periodic installments or Invoice payments should be
scheduled to support the Payee cash Haw needs and the standard 45 day EFT payment
Statewide Contract), For Contracts requiring Secretarial signaff, evidence of Secretariat
cycle In accordance with the Bill Paying Policy. Any accelerated payment that does not
sgnuff must be Included In the Contract file.
provide for a PPD must have a legal jUslificaffon in Contract file for audit purposes
Department Name Rltie: Enter the Authorized Signalotys name and litre 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 padles, the "Effective Dale" of this
Enter a brief descriplon of the Contract performance, project name and/brother Identifying
Contact or Amendment shall be the latest date that this Contract or Amendment has been
executed by an authorized signatory of the Contractor, the Department, or a later Contract
Information for the Contract to specifically identify the Contract performance, match the
Contract with attachments, determine the appropriate expendifure code (as listed In the
or Amendment Start Date specified, subject to any required approvals. The Contractor
Expeendilprit- Cipssdicaton Hantliwokl or to Identity or clarify Important Information related
makes all certifications required under this Contract under the pains and penalties of
pedury, and agrees to provide any required documentation upon request to support
to the Contact such as the Fiscal Years) of performance (ex.'FY2012' or'FY2012-14'),
Identify settlements or other exceptions and attach more detailed justification and
compliance, and agrees that all terms governing performance of this Contract and doing
supporting documents. Enter'MuIO-Depadment Use' If other Departments can access
business In Massachusetts are attached or incorporated by reference hereto:
procurement. For Amendments, Identify the purpose and what Items are being amended.
Commonwealth and Contractor Ownership Rights, The Contractor ceri fles and agrees
Merely staling 'see attached' or referencing attachments without a narrative description of
that the Commonwealth is entitled to ownership and possession of ail 'deliverables'
performance Is insuffident.
purchased or developed with Contract funds. A Department may not relinquish
ANTICIPATED START DATE
Commonwealth rights to deliverables nor may Contractors sell products developed with
Commonwealth resources without just compensation. The Contract should detail an
The Department and Contractor must catty WHEN obligations under this
Commonwealth deliverables and ownership rights and any Contractor proprietary rights.
Conlrad/Amendmenl may be incurred. Option 1 is the default option when performance
Qualifications. The Contractor certifies It is qualified and shalt at all times remain qualified
may begin as of the Effective Dale (latest signature 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 fiscal year then list
standards for the performance required, Including obtaining requisHe licenses,
the fiscal years) (ex. 'FY2012' or 'FY2012-14') in the Brief Description section.
millsta0ons, permits, resources for pedomlars:s, and sufficient professional, liability; and
Performance starts and encumbrances reflect the default Effective Date (11 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 ceNfies that it is listed under the Secretary of Slate's webslle as licensed to do
signed well In advance of the start dale and Identify a specific future start date. Do not use
business In Massachusetts, as required bylaw.
Option 2 for a fiscal year staff unless it Is certain that the Contract will be signed prior to
fiscal year. Option 3 Is used in lieu of the Settlement and Release Form when the
Business Ethics and Fraud, Waste and Abuse Prevention. The Contradorcer ifies that
ContractlAmendment Is signed tale, and obligations have already been incurred by the
performance under this Contract, in addition to meeting the terms of the Contract Y411 be
made using ethical business standards and good stewardship of taxpayer and other public
Contactor prior to the Effectve Date for which the Department has either requested,
funding and resources to prevent fraud, waste and abuse,
accepted or deemed legally eligible for reimbursement, and the Contract Includes
suppoNng documents justifying the performance or proof of eligibility, and approximate
Collusion. The Contactor cedilles that this Contact has been offered In good faith and
costs. Any obligations Incurred outside the scope of the Effective Date under any Option
listed, even if the Incerred Option is selected, shall be automatically deemed a settlement
without collusion, fraud or unfair trade practices with any other person, that any actions to
avoid or frustrate fair and open oompelMon 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 d1squali0cagon 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 some 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 & 9.
j,¢9 and G L. c. 11. s.12 seven (7) years beginning on the first day after the final payment
(Updated 6/27/2011) Page 3 of 6
COMMONWEALTH OF MASSACHUSE
under this Contract or such longer period necessary for the resolution of any liligalion,
claim, negotiation, audit or other inquiry involving this Contract. Access to view Contractor
records related to any breach or allegation of fraud, waste and/or abuse may not be denied
and Contractor can not claim confidentiality or trade secret protections solely for viewing
but not relaini g 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 cedifes that neither it nor any of its subcontractors are
currently debarred or suspended by the federal or slate government under any law or
regulation including, Exgcytive Order 147; G.L. c. 29, s. 29F G.L. 00. 6 39R, G.L. 0.149, g
27C, G.L. c.14% 4 44C, G.L. c.149. 61488 and G.L. c.152. s. 25C.
Applicable Laws. The Contractor shall comply with all applicable slate laws and
regulations including but not limited to the applicable Massachusetts General laws; the
Official Code of Massachusetts Regul91flin Code of Massachusetts Regulations
(unofficiall; 801 CMR 21.00 (Procoremenf of Commodity and Service Procurements,
Including Human and Social Services); 815 CMR 2.00 (Grants and Subsidies); 808 CMR
1.00 (Compliance, Reporting and Auditing for Human And Social Services); AICPA
Standards confidentiality of Department records under G.L. a 56A; and the
Massachusetts Consmulion Adkae XV11 if applicable.
Invoices. The Contractor must submit Invoices in accordance with the terms of the
Contract and the Commonwealth Bill Paving Panay. Contractors must be able to recondle
and property affribute concurrent payments from multiple Departments. Final Invoices in
any fiscal year must be submitted no later than August 15^ for performance made and
received (goods delivered, services completed) prior to June 30%, In order to make
payment for that performance prior to the dose of the fiscal year to prevent reversion of
appropriated funds. Failure to submit timely invoices by August 150 or other dale listed in
the Contract shall authorize the Department to Issue an estimated payment based upon
the Depadmsnl's determination of performance delivered and accepted. The Contractors
acceptance of this estimated payment releases the Commonwealth from further claims for
these invoices. If budgetary funds roved 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 § 2%
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, 6 90. 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. e. 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 state Department or
assess late fees, cancel a Contract or other services If amounts are Intercepted or offset
due to recoupmenl of an overpayment, outstanding taxes, child support, other overdue
debts or Contract overpayments.
Tax Law Compliance. The Contractor codifies under the pains and penalties of perjury
tax compliance with Eedor 1 iag_x laws; stale tax laws including but not limited to G.L. c 620,
G.L c. 62C. s. 49A; compliance with all slate lax 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. 82E, withholding and remi0ing child suave Including G.L. c.
119A. s. 12; TIR 05.11: Now independent Contredor Provislons and applicable TIRS.
Bankruptcy, Judgments, Potential Structural Changes, Pending Legal Matters and
Conflicts. The Contractor codifies It has not been In bankruptcy andfor receivership within
the last three calendar years, and the Contractor ceNfes that it will immediately nofify 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 ceNfies that at any true 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 convicted, 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 leams of during the Contract term. Law firms or Attorneys providing legal
TTS - STANDARD CONTRACT FORM
services are required to identify any potential conflict with representation of any
Department client in accordance with Massachusetts Board of Bar Overseers (BBO) rules.
Federal Anti -Lobbying and Other federal Requirements. If receiving federal funds, the
Contractor certifies compliance with federal anti -lobbying requirements including 31 USC
1352; other federal reeuinemenls; Executive Order 11246; Air Pollution Acl; Federal Wader
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 attention to restriclIng access. use and disbursement of personal
data and Information under G.L. c. 93H and c. 66A and Executive Order 504. The
Contractor Is required to comply with G.L. c. 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 property encrypted using (at a
minimum) Information Technobov Division IITD) Protection of SensNve Information,
provided further that any Contractor having access to credit card or banking information of
Commonwealth customers ceNfes that the Contractor is PCI compliant in accordance with
the Payment Gard Industry Council Standards and shall provide confirmation compliance
during the Contract, provide fuller that the Contractor shall Immediately notity 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 ceNges compliance with
any certification, filing, reporting and service of process requirements of the Secretary of
the Commonwealth, the Office of the Allornev General or other Departments as related to
its conduct of business in the Commonwealth; and with its incorporaflng state (or foreign
entry).
Employer Requirements. Contractors that are employers ceNty compliance with
applicable state and federal employment laws or regulations, Including but not limited to
G.L. c. 5. s. 1 (Prevallino Wanes for Printma and Distribution of Public Documents); G.L. c,
AGO fair labor
(Workers' Compensallon); GL, 053 (Llabllity for Injuries); 29 USC c. 8 (Federal Fair
Labor Standards); 29 USC c. 28 and the Federal Family sad Medical Leave Ad.
Federal And State Laws And Regulations Prohibiting Discrimination Including but not
limited to the Federal Enrol Employment Oopuduniw fEE01 Laws the Americans with
Disabilges Ad,; 42 U.S.(; Sec 12.101at sea , The Rehilli ftallon Ad, 29 USC c.16 s. 794;
29 USC c. 16. s. 701; 29 USC b 14 623• the 42 USC c. 45% (Federal Fair Housing Act); G
L. c. 1515 (Unlawful Discrminafon); G.L. c. 151E (Business Discrimination); the Public
Accommodations Law G.L. c. 272. s. 92A; G.L. c. 272, s. 98 and 98A, Massachusetts
Constitution Arlide CXIV and G.L. c. 93, s. 103: 47 USC c. 5. ac. II Pad 11. s. 255
(Telecommunication Act; Chapter 149, Section 105D, G.L. c. 15 C. G.L. c. 272, Section
92A, Section 98 and Section 98A, and G.L. a III, Secfen 199A, and Massachusetts
gig bg_Ilily-f3i ed Non Discdminali)n Standards For Execol've Branch Entitles 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 MCAO 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 Smad6ld subscription process at: www.comm-pass.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 Todiri by Mandatory Specifications and the ITA uls'tio
Accessibility Contract Lanouage are Incorporated by reference Into Information Technology
Contracts. The following language will apply to Information Technology contracts In the
1.101, 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 Seddon 11. Indemnification of the Commonwealth Terms and Conditions, the
loan 'other damages' shall Include, but shall not be limited to, the reasonable costs the
Commonwealth Incurs to repair, return, replace or seek cover (purchase of comparable
substitute commodities and services) under a Contract, 'Other darrages'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 parry defendant. Further, the term
(Updated 0127/2011) Page 4 of 6
COMMONWEALTH OF MASSACHUSET
'other damages' shall not include, and In no event shall the contractor be liable for,
to I
damages for the Commonwealth's use of contractor provided products or services, loss of
an
Commonwealth records, or data (or other intangible property), loss of use of equipment,
wa
lost revenue, lost savings or lost profits of the Commonwealth. In no event shall "other
aw
damages' exceed the greater of $100,000, or two times the value of the product or service
ove
(as defined in the Contract scope of work) that Is the subject of the claim. Section 11 sets
Ex
forth the conlraclots entire liability under a Contract. Nothing in this section shall limit the
Eric
Commonwealth's ablllty to negotiate higher Ilmltations of liability in a particular Contract,
Bra
provided that any such limitation must specgkally reference Section 11 of the
ref
Commonwealth Terms and Conditions. In the event the limitation of liability oon0icls with
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accounting standards which mandate that there can be no cap of damages, the limitation
the
shall be considered waived for that audit engagement. These terms may be applied to
by
other Contracts only with prior written confirmation from the Operational Services Division
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or the Office of the Comptroller. The terms in this CladOcalion may not be modlfted.
Fo
Northern Ireland Certification. Pursuant to G.L. C. t s. 22C for stale agencies, stale
G,
authorities, the House or Representatives or (he stale Senate, by signing this Contract the
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Contractor certifies that it does not employ ten or more employees In an office or other
or
facility in Northern Ireland and If the Contractor employs ten or more employees In an office
pe
or other lacili y located In Northern Ireland the Contractor certifies that It does not
Ex
discriminate in employment compensation, or the (arms, conditions and privileges of
re
employment on account of religious or political belief; and It promotes religious tolerance
Po
within the work place, and the eradication of any manifestations of religious and other
Cc
Illegal discrimination; and the Contractor Is not engaged In the manufacture, distribution or
De
sale of firearms, munitions, including rubber or plastic bullets, tear gas, armored vehicles or
div
military aircraft for use or deployment In any activity In Northern Ireland,
Co
Pandemic, Disaster or Emergency Performance. In the event of a serious emergency,
Into
pandemic or disaster outside the control of the Department the Department may negotiate
pot
emergency performance from the Contractor to address the immediate needs of the
T
Commonwealth even if not contemplated under the original Contract or procuremenl.
89
Payments are subject to appropriation and other payment terms.
a
Consufent Contractor Certifications (For Consultant Contracts'HH" and'NN' and
fe
'U05' object cedes subject to G.L. Chanter 20, s. 29A1. Contractors must make required
into
disclosures as pad of the RFR Response or using the Consultant Contractor Mondarory
un
Submission Form.
for
Attorneys. Attorneys or firms providing legal services or representing Commonwealth
e
Departments may be subject to G.L. c. 30. s. 65. and if providing litigation services must be
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approved by the Office of the Attorney General to appear on behalf of a Department, and
Co
shall have a continuing obligation to nobly the Commonwealth of any conflicts of Interest
dis
arising under (he Contract.
us
Subcontractor Performance. The Contractor certifies full responsibility for Contract
un
performance, Including subcontractors, and that comparable Contract terms will be
cro
Included in subcontracts, and that the Department will not be required to dlrectiy or
Indirectly manage subcontractors or have any payment obligations to subcontractors..
Cc
EXECUTIVE ORDERS
as
all
For covered Executive slate Departments, the Contractor cediffes compliance with
Be
applicable Executive We rs (see also Massachusetts Exaculivo Orders(, including but not
limited to the specific orders listed below. A breach during period of a Contract may be
p
considered a material breach and subject Contractor to appropriate monetary or Contract
PU
sanctions.
Ex
Executive Prder 481. Prohibiting the Use of Undocumented Workers on Stale Confacis.
Di
For all stale agencies in the Executive Branch, including all executive offices, boards,
Ex
commissions, agencies, Departments, divisions, councils, bureaus, and offices, now
DI
existing and hereafter established, by signing this Contract the Contractor certifies under
(E
the pains and penalties of perjury that they shall not knowingly use undocumented workers
ac
In connection with the performance of this Contract; that, pursuant to federal requirements,
co
shall verily the Immigration status of workers assigned to a Contract without engaging In
is
unlawful discrimination; and shall not knowingly or recklessly alter, falsify, or accept altered
ref
or falsified documents from any such worker
ve
Executive Order 130, An -Bo cett. The Contractor warrants, represents and agrees that
di
during the time (his Contract is In effect, neither it nor any affiliated company, as hereafter
cup
defined, parlicil les In or cooperates with an international boycott (See IRC 6 9991b113)-
e
M. and IRS Audit Guidelines Boycotts) or engages In conduct declared to be unlawful by
ce
G.L. c. 151E. s. 2. A breach in the warranty, representation, and agreement contained In
so
this paragraph, without limiting such other rights as it may have, the Commonwealth shell
pr
be entitled to rescind this Contract. As used herein, an affiliated company shall be any
M
business entity of which at least 51% of the ownership Interests are directly or indirectly
m
owned by the Contractor or by a person or persons or business entity 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. Hidrw of Stale Employees By Slate Conlradors 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 hiring of state employees by private
companies contracting with the Commonwealth. A privatization contract shall be deemed
(Updated 0/2712011)
TS'- STANDARD CONTRACT FORM
nclude a specific prohibition against the hiring at any time during the term of Contract,
d for any position In the Contractors company, any slate management employee who is,
s, or will be Involved in the preparation of the RFP, the negotiations leading to the
Page 6 of 6
MASSGAMING
March 14, 2016
p M@00IN Em
MAR 17 2016
TOWN OF MANSFIELO
TOWN MANAGERS OFFICE
William R. Ross, Town Manager Ronald Sellon, Chief of Police
Town of Mansfield Mansfield Police Department
50 West Street 50 West Street
Mansfield, MA 02048 Mansfield, MA 02048
Re; 2015 Community Mitigation Fund Gran
Dear Sirs:
Pursuant to the Town of Mansfield's 2015 Community Mitigation Fund Application
("Application"), and the approval of the application by the Commission on December 17, 2015,
attached please find the Grant Agreement and state contract for signature. Please have these
documents signed where indicated and return the fully executed documents to this office. Do
not insert the date as that will be inserted upon the Commission's execution.
Please contact Mark Vander Linden at 617.979.8445 or mark.vanderlindenostate.ma.us
or John Ziemba 617,979.8423 or john.s.ziemba@state.ma,us if you have any questions or
concerns.
Very truly yours,
Mary S. Thur ow, Paralegal
:mst
Enclosures
cc: MGC Commissioners
Frank W. Archer, Jr., Lieutenant
Edward R. Bedrosian, Jr., Executive Director
Mark Vander Linden, Director of Research & Responsible Gaming
John S. Ziemba, Ombudsman
m1machuscm ('anling Commission
101 Federal Street, 1211, Fluor, Boston, M,iae;uhuaclis 021101 IT.I.617.979.8.100 1 FAX h17.72.5.02.58