HomeMy WebLinkAbout20240605102820961COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
This form isjointly issued and published by the Executive Office forAdministration and Finance (ANFI. the Office of the Comptroller (CTR) and the Operational Senates Division (0
as the default contract for all Commonwealth Departments when anotherform Is not prescribed by regulation or policy. Any changes to the official printed language of this form she
void. Additional noncon0icting terms may be added by Attachment. Contractors may not require any additional agreements, engagement Iefters, contract forms or other additional
terms as part of this Contract without prior Department approval. Click on hyperinksfor definitions, Instructions and legal requirements that are incorporated by reference into this
Contract. An electronic copy of this form is available atImwy .mam.aovlost under Guidance For Vendors -Forms orlLm .mass.aovfosd under OSD Forms.
CONTRACTOR LEGAL NAME: (and dlbla): MANSFIELD, Town of
COMMONWEALTH DEPARTMENT NAME: Massachusetts Emergency Management
Agency
MMARS Department Code:
Legal Address: (W-9, Wd,T&C): 6 Park Row, Mansfield, MA 02048.2433
Business Malling Address: 400 Worcester Road, Framingham, MA 01702.5399
Contract Manager: Neal Boldrightni
Bllting Address (If different): same
E•Malf: nboldrighinin@mansfieldma.com
Contract Manager: Lou! Gifford
Phone: 508.261.7490
Fax:
E-Mail:lord.gifford@massmall.state.ma.us
Contractor Vendor Code: VC6000191867 -
Phone: 508.820.1407
Fax: 508.820.2030
Vendor Code Address ID (e.g. "AD00111): AD_
MMARS Doc ID(sl: FY18EMPG1700000MANSF
(Note: The Address id Must be set up for EFT payments.)
RFRIProcuremenl or Other ID Number: FFY2017 EMPG
X NEW CONTRACT
_ CONTRACT AMENDMENT
PROCUREMENT OR EXCEPTION TYPE: (Check one option only)
Enter Current Contract End Date Pilorto Amendment 20_
_ Statewide Contract (OSD or an OSD-designated Department)
Enter Amendment Amount: $.(or°no change°)
_ Collective Purchase (Attach OSD approval, scope, budget)
AMENDMENTTYPE:(Check one option only. Attach details of Amendment changes.)
X Department Procurement (includes State or Federal grants 815 CMR 2.00)
_ Amendment to Scope of Buduat(Attach updated scope and budget)
(Attach RFR and Response or other procurement supporting documentation)
Interim Contract (Attach justification for Interim Contract and updated scopelbudget)
_ Emergency Contract (Attach Justification for emergency, scope, budget)
—
_ Contract Employee (Attach Employment Status Formscope, budget)
_Contract Employee (Attach any updates to scope or budget)
_LegislativelLegalor0ther.(Attach authorizing languageffustificallon, scope and
_ Leglsiativell-egal or Other: (Attach authorizing languageffustification and updated
budget)
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.
X Commonwealth Tens 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 tenns of this Contract will be supported
in the state accounting system by sufficient appropriations or other nonappropdated funds, subject to Intercept for Commonwealth owed debts under 816 CMR 9.00.
_ 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.)
X_ Maximum Obligation Contract Enter Total Maximum Obligation for total duration of this Contract (or newTotal if Contract is being amended). $2,960.00
PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from Invoice recept. Contractors requesting accelerated payments must
Identify a PPD as follows: Payment Issued within 10 days _% PPD; Payment Issued within 15 days _ %PPD; Payment Issued within 20 days _ % PPD; Payment issued within
30 days _°/.PPD. If PPD percentages am left blank, identify reason: _agree to standard 45 day cycle _ statutory8egal or Ready Payments (G.L. c. 29. 5 23A7; X only Initlal
payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prom t Pa Discounts Poll .
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.)
Funding for this grant is provided via a Federal Fiscal Year2l)V (FFY17) Emergency Management Performance Grant (EMPG), CFDA #97.042 and has a required dollar
for dollar match. The ConlractorlSubredplent will perform activities as stated In yourapproved 17EMPO application and in accordance with DHSIFEMA Terms and
Conditions, and MEMA•PMO Special Terns and Conditions.
ANTICIPATED START DATE: (Complete ONE option only) The Department and.Contractor certify for this Contract, or Contract Amendment, [hat Contract obligations:
X 1. maybe Incurred as of the Effective Date (latest signature dale below) and no obligations have been incurred prior to the Effective Date.
_2. maybe incurred as of— 20_, a date LATER than the Effective Date below and no obligations have been Incurred prior to the Effective Dale.
3. were incurred as of � 20 _, a dale PRIOR to the Effective Date below, and the parties agree that payments for any obligations incurred prior to the Effective Dale 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: Contract performance shall terminate as of June 30, 2018 . wilh no new obligations being Incurred after this date 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 resoling any claim or dispute, for
completing any negotiated terms and warranties, to allow any dose out or transition performance, reporting, Invoking or final payments, or during any lapse between amendments.
CERTIFICATIONS: Nohvithstandiny verbal or other representations by the parties, the "Effective Date" of this Contractor 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 Start Dale specified above, subject to any required
approvals. The Contractor makes all certifications required under the attached Contractor Certifications (incorporated by reference if not attached hereto) under the palms and
penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all tenns 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 Forth 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 Contractor's 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 Contract
AUTHORIZING SIGNATURE FOR THE CON ACTOR: AUTHORIZING SIGNATURE FOR THE COMMONWEALTH:
"`e iI 7�
X• .�,/�9S%: e: X: Date:
,(Signature
and Da us- t�Be Handwritten At Timeof Signature) (Signature and Date Must Be Handwritten At Time of Signature)
Pdnl Name: WewN Print Name: David Mahr
Print Title: 0/0—g,—d— Print Title: Chief Administrative Officer
(Updated 312112014) Page 1 of 14
Department of Homeland Security / Federal Emergency Management Agency
Federal Fiscal Year 2016 - Standard Terms and Conditions
The United States has the right to seek judicial enforcement of these obligations.
XXXV. Assurances, Administrative Requirements and Cost Principles
DHS federal financial assistance recipients must complete either the OMB Standard Form 424B Assurances —
Non -Construction Programs or OMB Standard Form 424D Assurances — construction Programs as applicable.
Certain assurances in these documents may not be applicable to your program, and the DHS financial assistance
office may require applicants to certify additional assurances. Please contact the financial assistance office if you
have any questions.
DHS financial assistance recipients are required to follow the applicable provisions of the Uniform Administrative
Requirements, Cost Principles, and Audit Requirements for Federal Awards located at 2 C.F.0 Part 200 and
adopted by DHS at 2 CFR Part 3002.
Print Name and Title: IV",L A400'-d.¢1G1171y1 � Ti tt 46f 09- Date: to � 17
Signature:
(Updated 312112014) Page 10 of 14
for fraud, false statements, false claims or otherwise. (U.S. Code Title 18, Section 1001 and Title 31, Sections 3729-
3730 and 3801-3812)."
Non-profit organizations must certify as appropriate that they did not meet the definition of a major corporation as
defined in 2 CFR 200.414 Indirect (F&A) costs, paragraph (a).
34. Prior to acceptance of these terms and conditions, Contractor must evaluate its policies, procedures, and
management systems for risk of non-compliance with any of the above terms and conditions, inclusive of all
requirements of FEMA and 2 CFR 200. Any identified areas of risk must be brought to the attention of MEMA prior to
the execution of the contract in order to determine and implement the appropriate remedy.
35. The Contractor certifies that it understands all obligations and has in place or will implement policies and procedures
that meet or exceed the standards and requirements above. Acceptance of payment for the activities under this
agreement indicates that all actions taken by the subrecipient for the purposes of this grant program were done so in
compliance with all grant requirements and all applicable laws and regulations, including the certification statement
above.
Print Name and Title:
Nt.r L /J,
(p [/J ""LY/ems
�j.�g �/jy Date: /O 0 M, i
Signature:
Page 14 of 14
rJws �x
COMMONWEALTH OF MASSACHUSETTS - STANDARD CONTRACT FORM
INSTRUCTIONS AND CONTRACTOR CERTIFICATIONS
The following Instructions and lens are incorporated by reference and apply to this
Standard Contract Form. Text that appears underlined indicates a "hypedink° to an Internet
or bookmarked 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
hypedinks easier. Please note that not all applicable laws have been tiled.
CONTRACTOR LEGAL NAME (AND DIBIA): Enter the Full Legal Name of the
Contractors business as it appears on the Contractors W-9 or W4 Form (Contract
Employees only) and the applicable Commonwealth Terms and Conditions If Contractor
also has a'doing business as° (dib/a) name, BOTH the legal name and the'd/b/a° name
must appear in this section.
Contractor Legal Address: Enter the Legal Address of the Contractor as it appears on
the Contractors W-9 or W-4 Form (Contract Employees only) and the applicable
Commonwealth Terns and Conditions which must match the legal address on the 10991
table In MMARS (or the Legal Address in HRICMS 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 notioes 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 mall (a -matt) address,
phone and fax number of the Contractor Contract Manager. This Information must be kept
anent 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 number(s) 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 Poll a for
verifying with authorized signatories of the Contractor, as pad of contract execution, that
the legal name, address and Federal Tax Identification Number (TIN) in the Contract
documents match the slate accounting system.
Vendor Code Address ID: (e.g., 'AD0017 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
Contract in accordance with the Big Paving and 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 (31 letter MMARS
Code assigned to this Commonwealth Department in the state 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
confirmation 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 Contract 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
notices and negotiate ongoing Contract Issues.
Department E-Mali AddresslPhonelFax: Enter the electronic mall (e-malt) address,
phone and fax number of the Department Contract Manager. Unless otherwise specified in
the Contract, legal notice sent or received by the Contract Manager (with confirmation of
actual receipt) through the listed address, fax number(s) or electronic mall address will
meet any requirements forwritten notice under [he Contract.
MMARS Document ID(s): Enter the MMARS 20 character encumbrance transaction
number associated with this Contract which must remain the same for the Ills of the
Contract. If multiple numbers exist for this Contract, identify all Doc Ids.
RFRIProcurement 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 Contract or Amendment and will be entered Into the
Board Award Field In the MMARS encumbrance transaction for this Contract.
NEW CONTRACTS (left side of Farm):
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
multi -year 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 Requirements Acquisition Policy and Fixed Assets. the Commodities and
Services Policy and the Procurement Information Center (Department Contract Guidancel
fordelails.
Statewide Contract (OSD or an OSO-designated Department). Check this opfion for a
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 endties.
Department Contract Procurement. Check this option for a Department procurement
including slate grants and federal sub -grants under 815 CMR 2.00 and State Grants and
Federal Subwants Policy. Departmental Master Agreements (MA). If multi -Department
user Contract, Identify mul&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 peduonance 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.
LeglslativelLegal 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 'earmarke 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 Forth)
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 doe Ids, since all continuing contracts must be
maintained In the same Contract file (even ff the underlying appropriation changes each
fiscal year.)'See Amendments Suspensions and Termination Policy.)
Enter Current Contract End Date: Enter the termination dale of the Current Contract
being amended, even if [his dale has already passed. (Note: Current Start Date Is not
requested since this date does not change 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 N 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 Contract terms) even If the Contract has lapsed. The
parties may negotiate a change in any element of Contract performance or cost klentified
In the RFR or the Contracloes 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 change. 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 tens result in best
value, lower costs, or a more cost effective Contract.
Interim Contracts. Check this option for an Interim Contract 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 contract with an interim Contractor when a current Contractor Is
unable to complete full performance under a Contract.
Contract Employee. Check this option when the Department requires a renewal or other
amendment to the performance of a Contract Employee. -
LeglslativelLegal 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
(Updated 3121/2014) Page 2 of 14
COMMONWEALTH OF MASSACHUSE
other Contract and state finance laws and policies apply. Attach supporting documentation
to explain and justify the exemption and whether Contractor selection has been publicly
COMMONWEALTH TERMS AND CONDITIONS
Identify which Commonwealth Terms and Conditions the Contractor has executed and Is
incorporated by reference into this Contract. This Form Is signed only once and recorded
on the Vendor Customer File (VCUST). See Vendor File and W-9s Policy.
COMPENSATION
Identify If the Contract Is a Rate Contract (with no stated Maximum Obligation) or a
Maximum Obligation Contract (with a stated Maximum Obligation) and identify the
Maximum Obligation. If the Contract is being amended, enter the new Maximum
Obligation based upon the Increase or decreasing Amendment. The Total Maximum
Obligation must raged the total funding for the dates of service under the contract,
Including the Amendment amount tl the Contract Is being amended. The Maximum
Obligation must match the MMARS encumbrance. Funding and allotments must be
verified as available and encumbered prior to in rring obligations. If a Contract Includes
both a Maximum Obligation component and Rate Contract component, check off both,
specific Maximum Obligation amounts or amended amounts and Attachments must dearly
outline the Contract breakdown to match the encumbrance.
PAYMENTS AND PROMPT PAY DISCOUNTS
Payments are processed within a 45 day payment cycle through EFT in accordance with
the Commonwealth Bill Paving Policy for Investment and cash flow purposes.
Departments may NOT negotiate accelerated payments and Payees are NOT entitled to
accelerated payments UNLESS a prompt payment discount (PPD) Is provided to support
the Commonwealth's loss of investment earnings for this earlier payment, or unless a
payments is legally mandated to be made in less than 45 days (e.g., construction
contracts, Ready Payments under G.L. c. 29, s. 23A1. See Prompt Pay Discounts Policy.
PPD are idenfified as a percentage discount which will be automatically deducted when an
accelerated payment is made. Reduced contacts rates may not he negotiated to replace a
PPD. If PPD fields are left blank please Identify that the Contractor agrees to the standard
45 day cycle; a stalutoryllegal exemption such as Ready Payments (G.L, c. 29, J 23A1; or
only an initial acceterated payment for reimbursements or start up costs for a grant, with
subsequent payments scheduled to support standard EFT 45 day payment cycle. Financial
hardship is not a sufficient justification to accelerate cash flow for all payments under a
Contract. Initial grant or contract payments may be accelerated for the first invoice or initial
grant Installment, but subsequent periodic installments or Invoice payments should be
scheduled to support the Payee cash flow needs and the standard 45 day EFT payment
cycle in accordance with the Bill Paying Policy. Any accelerated payment that does not
provide for a PPD must have a legal Justification in Contract tie for audit purposes
explaining why accelerated payments were allowable without a PPD.
BRIEF DESCRIPTION OF CONTRACT PERFORMANCE
Enter a brief description of the Contract performance, project name and/or other Identifying
information for the Contract to specifically identify the Contract performance, match the
Contract with attachments, determine the appropriate expenditure code (as listed in the
Exoendflure Classification Handbook) or to identify or clarify important Information related
to the Contact such as the Fiscal Year(s) of performance (ex.'FY2012" or'FY2012-141.
Identity settlements or other exceptions and attach more detailed justification and
supporting documents. Enter'Mulfi-Department Use If other Departments can access
procurement. For Amendments, Identify the purpose and what items am being amended.
Merely stating "see attached" or referencing attachments without a narrative description of
performance is insufficient.
ANTICIPATED START DATE
The Department and Contactor must cediy WHEN obligations under this
ContradiAmendmenl may be Incurred. Option 1 Is the default option when performance
may begin as of the Effective Date Qatest slgnature dale and any required approvals). If
the pates want a new Contract or renewal to begin as of the upcoming fiscal year then list
the fiscal year(s) (ex. 'FY2012" or 'FY2012-14' In the Brief Description section.
Performance starts and encumbrances retied the default Effective Date (d no FY Is listed)
or the later FY start date (d a FY Is listed). Use Option 2 only when the Contact will be
signed well In advance of the start dale and Identify a specific future start date. Do not use
Option 2 for a fiscal year start unless it Is certain that the Contract will be signed prior to
fiscal year. Option 3 Is used In Ileu of the Settlement and Release Forth when the
Contact/Amendmenl is signed late, and obligations have already been incurred by the
Contractor prior to the Effective Date for which the Department has either requested,
accepted or deemed legally eligible for reimbursement, and the Contract includes
supporting documents justifying the performance or proof of eligibility, and approximate
costs. Any obligations Incurred outside the scope of the Effective Date under any Option
listed, even if the incurred Option is selected, shall he automatically deemed a settlement
Included under the terms of the Contract and upon payment to the Contractor will release
The Commonwealth from further obligations for the idenfified performance. All settlement
TTS — STANDARD CONTRACT FORM s.F
payments require justification and must be under same encumbrance and object codes as
the Contract payments. Performance dates are subject to G.L. c.4 9.
CONTRACT END DATE
The Department must enter the date that Contract performance will terminate. If the
Contract Is being amended and the Contract End Dale Is not changing, this dale
must be re-entered again here. A Contract must be signed for at least the Initial duration
but not longer than the period of procurement listed in the RFR, or other solicitation
document (d applicable). No new performance Is allowable beyond the end date without
an amendment, but the Department may allow a Contractor to complete minimal dose out
performance obligations If substantial pedormance has been made prior to the termination
date of the Contract and pdor to the end of the fiscal year In which payments are
appropriated, provided that any dose out performance is subject to appropdagon and
funding limits under state finance law, and CTR may adjust encumbrances and payments
in the state accounting system to enable final dose out payments. Performance dates are
subject to G.L. c.4 9.
CERTIFICATIONS AND EXECUTION
See Department Head Signature Authorization Polity and the Contractor Authorized
Signatory Listing for policies on Contractor and Department signatures.
Authorzina Signature for Contractor/Dale: The Authorized Contractor Signatory must
(in their own handwriting and In Ink) sign AND enter [he dale the Contract Is signed. See
section above under'Anticipated Contract Start Date". Acceptance of payment by the
Contractor shall waive any fight of the Contractor to claim the Contract/Amendment Is not
valid and the Contrador may not vold the Contract. Rubber stamps, typed or other
Images are not acceptable. Proof of Contractor signature authorization on a Contractor
Authorized Signatory Listing may be required by the Department if not already on file.
Contractor. Name little: The Contractor Authorized Signator/s name and flue must
appear legibly as it appears on The Contractor Authorized Signatory Listing.
Authorizing Signature For CommonwealthlDate: The Authorized Department Signatory
must (in their own handwriting and In Ink) sign AND enter the date the Contract is signed.
See section above under 'Anticipated Start Date°. Rubber stamps, typed or other
Images are not accepted. The Authorized Signatory must be an employee within the
Department legally responsible for the Contract. See Department Head Signature
Authorization. The Department must have the legislative funding appropriated for all the
costs of this Contract or funding allocated under an approved Interdepartmental Service
Agreement (ISA). A Department may not contract for performance to he delivered to or by
another state department without specific legislative authorization (unless this Contract is a
Statewide Contract). For Contracts requiring Secretariat signoff, evidence of Secretariat
dgnoff must be included in the Contract file.
Department Name ITIlle: Enter the Authorized Sig nalorys name and his legibly.
CONTRACTOR CERTIFICATIONS AND LEGAL REFERENCES
Nohvithstanding verbal or other representations by the parties, the "Effective Date" of this
Contract or Amendment shall be the latest dale that this Contract or Amendment has been
executed by an authorized signatory of the Contractor, the Department, or a later Contract
or Amendment Start Date specified, subject to any required approvals. The Contractor
makes all certifications required under this Contract under the pains and penalties of
perjury, and agrees to provide any required documentation upon request to support
compliance, and agrees that ail terms governing performance of this Contract and doing
business in Massachusetts are attached or Incorporated by reference herein:
Commonwealth and Contractor Ownership Rights. The Contractor certifies and agrees
that the Commonwealth Is entitled to ownership and possession of all 'delveables"
purchased or developed with Contract funds. A Department may not relinquish
Commonwealth rights to deliverables nor may Contractors sell products developed with
Commonwealth resources without just compensation. The Contract should detail all
Commonwealth deliverables and ownership rights and any Contractor proprietary rights.
Quallgcations. The Contractor certifies It is qualified and shag at all times remain qualified
to perform this Contract; that performance shall be timely and meet or exceed industry
standards for the performance required, Including obtaining requisite licenses,
registrations, permits, resources for performance, and sufficient professional, liability; and
other appropriate insurance to cover the performance. If the Contractor is a business, the
Contractor certifies that it Is listed under the Secretary or Slate's website as licensed to do
business In Massachusetts, as required by law.
Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that
performance under this Contract, in addition to meeting the tame of the Contract, will be
made using ethical business standards and good stewardship of taxpayer and other public
funding and resources to prevent fraud, waste and abuse.
Collusion. The Contractor certifies that this Contract has been offered in good faith and
without collusion, fraud or unfair trade practices with any other person, that any actions to
avoid or frustrate fair and open competition are prohibited by law, and shall be grounds for
rejection or disqualification of a Response or termination of this Contract.
(Updated 3/21/2014) Page 3 of 14
COMMONWEALTH OF MASSACHUSET
Public Records and Access The Contractor shall provide full access to records related to su
performance and compliance to the Department and officials listed under Executive Order Inn
195 and G.L. c. 11. s.12 seven (7) years beginning on the first day after the final payment se
under this Contract or such longer period necessary for the resolufion of any Iifigation, 0
claim, negottation, audit or other inquiry involving this Contract. Access to view Contractor p
records related to any breach or allegation offhand, waste and/or abuse may not he denied
and Contractor can not claim confidentiality or trade secret protections solely for viewing 1
but not relaining documents. Routine Gonbacl performance compliance reports or p
documents related to any alleged breach or allegation of non-compliance, fraud, waste, pr
abuse or collusion may be provided electronically and shall be provided at Contractor's b
own expense. Reasonable costs for copies of non -routine Contract related records shall C
not exceed the rates for public records under g50 C.M.R. 32.00. p
e
9
Page 4 of 14
COMMONWEALTH OF MASSACHUSET
property damages or patent and copyright infringement under Section 11 nor the
o
Commonwealth's ability to join the contractor as a third party defendant. Further, the term
co
"other damages shall not Include, and In no event shall the contractor be liable for,
to
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,
we
lost revenue, lost savings or lost profits of the Commonwealth. In no event shall "other
a
damages' exceed the greater of $100,000, or two times the value of the product or service
ov
(as defined in the Contract scope of work) that is the subject of the claim. Section 11 sets
Ex
forth the contractors entire liability under a Contract. Nothing in this section shall limit the
Ea
Commonwealth's ability to negotiate higher limitations of liability in a particular Contract,
Br
provided that any such limitation must specifically reference Section 11 of the
rel
Commonwealth Tens and Conditions. In the event the limitation of liability conflicts with
C
accounting standards which mandate that there can be no cap of damages, the limitation
th
e
Page 5 of 14
Department of Homeland Security I Federal Emergency Management Agency
Federal Fiscal Year 2016 - Standard Terms and Conditions
Whistleblower Protection Act
All recipients must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.0
2409,41 U.S.C. 4712, and 10 U.S.C. 2324, 41 U.S.C. 4304 and 4310.
II. Use of DHS Seal, Logo and Flans
All recipients must obtain DHS's approval prior to using the DHS seal(s), logos, crests or reproductions of flags or
likenesses of DHS agency officials, including use of the United States Coast Guard seal, logo, crests or
reproductions of flags or likenesses of Coast Guard officials.
Ill. USA Patriot Act of 2001
All recipients must comply with the requirements of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18
U.S.C. section 175-175c.
IV. Universal Identifier and System of Award Management (SAM)
All recipients are required to comply with the requirements set forth in the government -wide Term regarding the
System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A,
the full text of which is incorporated here by reference in the terms and conditions of your award.
V. Reporting of Matters Related to Recipient Integrity and Performance
If the total value of your currently active grants, cooperative agreements, and procurement contracts from all
Federal assistance office exceeds $10,000,000 for any period of time during the period of performance of this
Federal award, you must comply with the requirements set forth in the government -wide Term and Condition for
Recipient Integrity and Performance Matters located at 2 C.F.R. Part 200, Appendix Xii, the full text of which is
incorporated here by reference in the terms and conditions of your award.
VI. Rehabilitation Act of 1973
All recipients of must comply with the requirements of Section 504 of the Rehabilitation Act of 1973, 29 U.S.C.
section 794, as amended, which provides that no otherwise qualified handicapped individual in the United States
will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected
to discrimination under any program or activity receiving Federal financial assistance.
VII. Trafficking Victims Protection Act of 2000
All recipients must comply with the requirements of the government -wide award term which implements Section
106(g) of the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. section 7104), located at
2 CFR Part 175.15, November 13, 2007. Full text of the award terms and conditions of your award.
Terrorist Financing
All recipients must comply with U.S. Executive Order 13224 and U.S. law that prohibit transactions with, and the
provisions of resources and support to, individuals and organizations associated with terrorism. It is the legal
responsibility of recipients to ensure compliance with the E.O. and laws.
VIII. SAFECOM
All recipients who receive awards made under programs that provide emergency communication equipment
and its related activities must comply with the SAFECOM Guidance for Emergency Communication Grants,
including provisions on technical standards that ensure and enhance interoperable communications.
IX. Reporting Subawards and Executive Compensation
All recipients are required to comply with the requirements set forth in the government -wide Award Terms and on
Reporting Subawards and Executive Compensations located at 2 C.F.R. Part 170, Appendix A, the full text of
which is incorporated here by reference in the terms and conditions of your award.
(Updated 3/2112014) Page 6 of 14
Department of Homeland Security / Federal Emergency Management Agency
Federal Fiscal Year 2016 - Standard Terms and Conditions
X. Procurement of Recovered Materials
All recipients must comply with section 6002 of the Solid Waste Disoosal Act, as amended by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated
in guidelines of the Environmental Protection Agency (EPA) at 40 CFR Part 247 that contain the highest
percentage of recovered materials practicable, consistent with maintaining a satisfactory level of
competition.
XI. Patents and Intellectual Property Rights
Unless otherwise provided by law, recipients are subject to the Bavh-Dole Act, Pubi. L. No 96-517, as amended,
and codified in 35 U.S.C. section 200 et seq. All recipients are subject to the specific requirements governing the
development, reporting, and disposition of rights to inventions and patents resulting from financial assistance
awards are located at 37 C.F.R. Part 401 and the standard patent rights clause in 37 C.F.R. section 401.14.
XII. Notice of Funding Opportunity Requirements
All of the instructions, guidance, limitations, and other conditions set forth in the Notice of Funding Opportunity
(NOFO) for this program are incorporated here by reference in the terms and conditions of your award. All
recipients must comply with any such requirements set forth in the program NOFO.
XIII. Non -supplanting Requirements
All recipients who receive awards made under programs that prohibit supplanting by law must ensure that
Federal funds do not replace (supplant) funds that have been budgeted for the same purpose through non -
Federal sources.
XIV. Lobbvina Prohibitions
All recipients must comply with 31 U.S.C. section 1352, which provides that none of the funds provided under an
award may be expended by the recipient to pay any person to influence, or attempt to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a
Member of Congress in connection with any Federal action concerning the award or renewal.
XV. Limited English Proficiency (Civil Rights Act of 1964, Title VI)
All recipients must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against
discrimination on the basis of national origin, which requires that recipients of federal financial assistance take
reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs
and services. For additional assistance and information regarding language access obligations, please refer to the
DHS Recipient Guidance hltps•//www dhsgov/guidance-published-heir)-department-supported-organizations-
provide-meaningful-access-people-limited and additional resources on http://www.lel).clov.
XVI. Hotel and Motel Fire Safety Act of 1990
In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990, 15 U.S.C. section 2225a, all
recipients must ensure that all conference, meeting, convention, or training space funded in whole or in part
with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and
Control Act of 1974, as amended, 15 U.S.C. section 2225.
XVII. Fly America Act of 1974
All recipients must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49
U.S.C. section 41102) for international air transportation of people and property to the extent that such service is
available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49
U.S.C. section 40118) and the interpretative guidelines issued by the Comptroller General of the United States in
the March 31, 1981, amendment to Comptroller General Decision B138942.
XVIII. Best Practices for Collection and Use of Personally Identifiable Information (PII
DHS defines personally identifiable information (Pit) as any information that permits the identity of an individual to
be directly or indirectly inferred, including any information that is linked or linkable to that individual. All recipients
who collect PII are required to have a publically-available privacy policy that describes standards on the usage and
maintenance of Pit they collect. Award recipients may also find as a useful resource the DHS Privacy Impact
Assessments: Privacy Guidance and Privacy template respectively.
(Updated 3/21/2014) Page 7 of 14
Department of Homeland Security / Federal Emergency Management Agency
Federal Fiscal Year 2016 - Standard Terms and Conditions
XIX. Americans with Disabilities Act of 1990
All recipients must comply with the requirements of Titles I, 11, and III of the Americans with Disabilities Act, which
prohibits recipients from discriminating on the basis of disability in the operation of public entities, public and
private transportation systems, places of public accommodation, and certain testing entities 42( U.S.C.
section 12101-12213).
XX. Age Discrimination Act of 1976
All recipients must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U S Code section
6101 et see.), which prohibits discrimination on the basis of age in any program or activity receiving Federal
financial assistance.
XXI. Activities Conducted Abroad
All recipients must ensure that project activities carried on outside the United States are coordinated as necessary
with appropriate government authorities and that appropriate licenses, permits, or approvals are obtained.
XXII. Acknowledgement of Federal Funding from DHS
All recipients must acknowledge their use of federal funding when issuing statements, press releases, and
requests for proposals, bid invitations, and other documents describing projects or programs funded in whole or
in part with Federal funds.
XXIII. Federal Leadership on Reducing Text Messaging while Drivinq
All recipients are encouraged to adopt and enforce policies that ban text messaging while driving as described in
E.O. 13613, including conducting initiatives described in Section 3(a) of the Order when on official Government
business or when performing any work for or on behalf of the federal government.
XXIV. Federal Debt Status
All recipients are required to be non -delinquent in their repayment of any Federal debt. Examples of relevant
debt include delinquent payroll and other taxes, audit disallowances, and benefit overpayments. See OMB Circular
A-129.
XXV. False Claims Act and Program Fraud Civil Remedies
All recipients must comply with the requirements of 31 U.S.C. section 3729 -3733 which prohibits the submission
of false or fraudulent claims for payment to the Federal Government. See 38 U.S.C. section 3801-3812 which
details the administrative remedies for false claims and statements made.
XXVI. Education Amendments of 1972 (Equal Opportunity in Education Act) —Title IX
All recipients must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C.
section 1681 et seg.), which provides that no person in the United States will, on the basis of sex, be excluded
from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or
activity receiving Federal financial assistance. DHS implementing regulations are codified at 6 C.F.R. Part 17 and
44 C.F.R. Part 19
XXVII. Energy Policy and Conservation Act
All recipients must comply with the requirements of 42 U.S.C. section 6201 which contain policies relating to
energy, efficiency that are defined in the state energy conservation plan issues in compliance with this Act.
XXVIII. Duplication of Benefits
All costs allocable to a particular Federal award provided for in 2 C.F.R. Part 200, Subpart E may not be charged
to other Federal awards to overcome fund deficiencies, to avoid restrictions imposed by Federal statutes,
regulations, or terms and conditions of the Federal awards, or for other reasons. However, this prohibition would
not preclude a recipient form shifting costs that are allowable under two or more federal awards in accordance with
existing Federal statutes, regulations, or the terms and conditions of the Federal award.
XXIX. Dru I -Free Workplace Regulations
All recipients must comply with the Drug -Free Workplace Act of 1988 (412 U.S.C. § 701 et see.), which requires
that all organizations receiving grants from any Federal agency agree to maintain a drug -free workplace. DHS
has adopted the Act's implementing regulations at 2 C.F.R. Part 3001.
(Updated 3/2112014) Page 8 of 14
Department of Homeland Security / Federal Emergency Management Agency
Federal Fiscal Year 2016 - Standard Terms and Conditions
XXX. Debarment and Suspension
All recipients are subject to the non -procurement debarment and suspension regulations implementing
Executive Orders 12549 and 12689, 2 C.F.R. Part 180. These regulations restrict awards, Subawards, and
contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for
participation in federal assistance programs or activities.
XXXi. Copyright
All recipients must affix the applicable copyright notices of 17 U.S.C. section 401 or 402 and an acknowledgement
of Government sponsorship (including award number) to any work first produced under Federal financial
assistance awards.
XXXII. Civil Rights Act of 1968
All recipients must comply with Title Vill of the Civil Rights Act of 1968, which prohibits recipients from
discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in
connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42
U.S.C. section 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 CFR
Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with
four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in
buildings with elevators and ground -floor units in buildings without elevators) —be designed and constructed with
certain accessible features (see 24 CFR section 100.201).
XXXIII. Civil Rights Act of 1964 — Title VI
All recipients must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. section
2000d et seg.), which provides that no person in the United States will, on the grounds of race, color, or national
origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity receiving Federal financial assistance. DHS implementing regulations for the Act are found at 6
C.F.R. section 100.201
XXXIV. DHS Specific Acknowledgements and Assurances
All recipients, Subrecipient, successors, transferees, and assignees must acknowledge and agree to comply
with applicable provisions governing DHS access to records, accounts, documents, information, facilities, and
staff.
1. Recipients must cooperate with any compliance review or complaint investigation conducted by DHS
2. Recipients must give DHS access to and the right to examine and copy records, accounts, and other
documents and sources of information related to the award and permit access to facilities, personnel, and other
individuals and information as may be necessary, as required by DHS regulations and other applicable laws or
program guidance.
3. Recipients must submit timely, complete, and accurate reports to the appropriate DHS officials and maintain
appropriate backup documentation to support the reports.
4. Recipients must comply with all other special reporting, data collection, and evaluation requirements,
as prescribed by law or detailed in program guidance.
5. If, during the past three years, the recipient has been accused of discrimination on the grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion, or familial status, the recipient
must provide a list of all such proceedings, pending or completed, including outcome and copies of settlement
agreements to the DHS financial assistance office and the DHS Office of Civil Rights and Civil Liberties (CRCL)
by email at crcI0_ha.dhs.gov or by mail at U.S. Department of Homeland Security Office for Civil Rights and
Civil Liberties Building 410, Mail Stop #0190 Washington D.C. 02528.
6. In the event any court or administrative agency makes a finding of discrimination on grounds of race, color,
national origin (including limited English proficiency), sex, age, disability, religion, or familial status against the
recipient, or the recipient settles a case or matter alleging such discrimination, recipients must forward a copy of
the complaint and findings to the DHS financial assistance office and the CRCL office by email or mail at the
address listed above.
(Updated 3/21/2014) Page 9 of 14
Special Terms, Conditions, and Reporting Requirements for EMPG, CCP, and HMEP Sub -
Recipients
Parties
The "Contractor" or "Sub -recipient" is an eligible public or private not -for -profit entity that has submitted an application for
grant funding to the Massachusetts Emergency Management Agency (MEMA) and has received an approved award. The
sub -recipient must be represented by a duly authorized official(s) of the Contractor whose signature(s), authorization(s),
and/or certification(s) legally represent and bind the Contractor. The Commonwealth of Massachusetts, acting through the
Massachusetts Emergency Management Agency ("Department"), is responsible for administering this grant program.
Agreement
The Sub -recipient and Department will execute a State Standard Grant Contract through which the subrecipient agrees to
perform all activities as described in the attached application within the budget, dates of service, and other conditions set
forth below. The Department agrees to reimburse the Sub -recipient for all allowable costs incurred and to provide
technical assistance and support required to carry out the purposes of the grant.
Terms and Conditions
1. Emergency Management Performance Grant (EMPG) and Citizen Corps Program (CCP) sub -recipients agree to
adhere to all policies and guidance documents set by the U.S. Department of Homeland Security -Federal Emergency
Management Agency (DHS/FEMA) and the Massachusetts Emergency Management Agency (MEMA) regarding use
of the U.S. DHS-FEMA federal homeland security funding.
2. Hazardous Material Emergency Preparedness (HMEP) sub -recipients agree to adhere to all policies and guidance
documents set by the U.S. Department of Transportation — Pipeline and Hazardous Materials Safety Administration
(DOT/PHMSA) and MEMA regarding use of the U.S. DOT-PHMSA funding.
3. Any substantive adjustment to a sub -recipient's scope of work or budget must be reviewed and approved by MEMA
prior to expenditure. A contract amendment may be required prior to performance under an adjusted scope of work.
Work or expenditures made outside an approved scope of work or budget may not be reimbursed.
4. Sub -recipients agree to be compliant with the National Incident Management System (NIMS).
5. Sub -recipients agree to comply with the following:
2 CFR Part 200: Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards
815 CMR 2.00: State Grants, Federal Grant Awards, Federal Subgrants, and Federal Subsidies
6. Federal Funding Accounting and Transparency Act (FFATA). FEMA federal funds are subject to the Federal
Funding Accounting and Transparency Act (FFATA). Sub -recipient agrees to abide by FFATA regulations and to
submit the attached FFATA form along with its contract package for all contracts in excess of $25,000.
7. 2 CFR 200 Subpart F Audit Reports, Subpart F Form. (Replaces former A-133 Requirements). Per Office of
Management and Budget (OMB) regulations, sub -recipient may be subject to Subpart F audit requirements. Sub -
recipient agrees to submit a copy of any Subpart F audits reports as required by Subpart F. Sub -recipient further
agrees to notify MEMA of any Subpart F audit findings related to any federally funded activities. Sub -contractor
acknowledges that a Corrective Action Plan may be required by MEMA for related findings prior to execution of
contracts or issuance of payments. Sub -recipient agrees to abide by OMB regulations and to submit the attached
Subpart F acknowledgement form as part of this contract package.
8. Sub -recipient Risk Assessment and Monitoring. (Replaces former A-133 Monitoring Form). Per 2 CFR 200.331,
prior to awarding of this contract, the sub -recipient must provide to the Department the attached Sub -recipient Risk
Assessment Questionnaire and Response form. Sub -recipient further agrees to monitoring by the Department as a
result of its assessment of the sub -recipient's risk for non-compliance.
Page 11 of 14
9. Internal Controls. Per 2 CFR 200.303, sub -recipients must maintain and implement effective internal controls that
provide reasonable assurance that federal funds are managed in with all statutes, regulations, and terms
and conditions.
Per 2 CFR 200.430 (Compensation), internal controls must cover payroll charges to federal awards such that payroll
charges are documented as accurate, allowable, and allocable, are reflected in the official records of the sub -recipient,
reasonably reflect the total activity for each employee (federal and non-federal), and comply with all accounting
policies and practices of the sub -recipient.
10. Procurement. Sub -recipient must conduct all procurements in compliance with 2 CFR 200.318-326. Specific policies,
procedures, and/or standards must be in place that meet or exceed these requirements at the time of procurement.
Costs incurred which are otherwise appropriate and reasonable, but which were procured in violation of federal
procurement requirements may result in disallowed costs or repayments (See Sub -recipient Non-compliance).
11. Procurement Contract provisions. Contracts utilized by sub -recipients for goods and services must contain the
applicable provisions described in 2 CFR 200 Appendix 11 and attached hereto.
12. Disclosures. Per 2 CFR 200.112, the sub -recipient must disclose in writing any potential conflicts of interest to the
Department.
13. Per 2 CFR 200. 113, the sub -recipient must disclose in writing all violations of federal criminal law involving fraud,
bribery, or gratuity violations potentially effecting the federal award.
14. Sub -recipients understand and agree that it cannot use any federal funds, either directly or indirectly, in support of the
enactment, repeal, modification or adoption of any law, regulation or policy, at any level of government without the
express prior written approval of U.S. DHS FEMA and/or U.S. DOT PHMSA.
15. Press. Sub -recipient agrees to proactively notify MEMA of any interactions or planned media outreach regarding
activities funded under this grant program.
16. Release of Information. All records, papers and other documents of any kind related to the funded activity in any
manner and kept by sub -recipients of these funds shall be made promptly available upon request to any person
authorized by MEMA for inspection and copying.
17. Application of Special Conditions to Sub -Recipient Grantees: If a sub -recipient proposes to engage in sub -
granting activities, it shall ensure its sub -grantees adhere to all applicable DHS/FEMA, U.S. DOT, and MEMA special
conditions.
18. Reporting. Sub -recipients agree to submit timely and accurate Close -Out and Match Reports as needed and directed.
Failure to comply with this condition may result in the withholding of sub -recipient funds until the delinquent report is
received.
19. Contractor/Consultant Rates. Compensation for individual consultant services is to be reasonable and consistent
with the amount paid for similar services in the market place. Consideration can be given to compensation, including
fringe benefits, for those individuals whose employers do not provide the same. Time and effort reports are required
for consultants.
20. Copyright/Licenses. The sub -recipient acknowledges that MEMA, DHS, and DOT reserve a royalty -free, non-
exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for federal or
state purposes: (1) the copyright in any work developed under an award or sub -award; and (2) and rights of copyright
to which a sub -recipient or sub -grantee purchases ownership with Federal support.
21. Acknowledgement in Published Materials. EMPG and CCP sub -recipients agree that any publication (e.g.,
written, visual, or sound) it or its contractors issue describing programs or projects funded in whole or in part with
federal funds, contain the following statement:
"This document was prepared under a grant from FEMA's Grant Programs Directorate, U.S. Department of Homeland
Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily
Page U of 14
represent the official position or policies of FEMA's Grant Programs Directorate or the U.S. Department of Homeland
Security."
22. Acknowledgement in Published Materials. HMEP sub -recipients agree that any publication (e.g., written, visual,
or sound) it or its contractors issue describing programs or projects funded in whole or in part with federal funds,
contain the following statement:
"This document was prepared under a grant from U.S. DOT PHMSA. Points of view or opinions expressed in this
document are those of the authors and do not necessarily represent the official position or policies of the U.S. DOT
PHMSA."
23. Disposal and sale of equipment purchased via federal grant funds. Any proposed sale and/or disposal must
adhere to current MEMA policy.
24. User Fees. Any proposed 'user fees' related to equipment, items, services, etc. acquired via DHS funding must be
pre -approved by MEMA.
25. Environmental Planning and Historic Preservation (EHP). EMPG and CCP sub -recipients shall not undertake
any project having the potential to impact Environmental or Historical Preservation (EHP) resources without the prior
approval of FEMA, which is done through MEMA.
26. Equipment acquired with grant funds. MEMA requires that equipment acquired with federal grant funds be tracked
and tagged per current MEMA policy.
27. Reporting of violations (fraud, waste, and abuse). It is the responsibility of all grant sub -recipients and their
respective agency personnel, grantees, and contractors under grants, to report to MEMA any alleged violations,
serious irregularities, sensitive issues, or overt or covert acts that would use public funds or perform program or
administrative requirements in a manner not consistent with grantor agency statutes, related laws and regulations,
appropriate guidelines, or purposes or objectives of the grant.
28. Internet Access. Sub -recipients must have Internet access.
29. Email addresses. Sub -recipient project directors of grant programs must have individual email addresses.
30. Sub -recipient Non-compliance. Contractor, as sub -recipient, is subject to the federal and state regulations and
related requirements set forth herein. Contractor non-compliance may result in an audit finding and subsequent
repayment of funds to the Federal Government. Approval of a project, project costs, contract or payment by either
FEMA or MEMA does not exempt the Contractor from requirements to repay funds. Should a state, federal, or local
audit reveal that actions taken by the Contractor as sub -recipient, or any of its contractors, regardless of previous
approval by either FEMA or MEMA, do not comply with policies, laws, or regulations, the Contractor agrees to repay
the required amounts in the manner and timeframe determined by FEMA and/or MEMA. Repayments not made as
expected will be considered debts and addressed under the Commonwealth's Debt Collection and Intercept policy
(816 CMR 9.00).
31. Monitoring. Sub -recipients agree to cooperate with MEMA monitoring and site visits.
32. Records Retention. The Contractor shall retain all related records for a minimum of six years from the date of the
Close -Out Report Submission. In cases of similar requirements at two or more levels, the more stringent of the
requirements must be followed.
33. Certifications (200.415). To assure that expenditures are proper and in accordance with the terms and conditions of
the Federal award and approved project budgets, the annual and final fiscal reports or vouchers requesting payment
under the agreements must include a certification, signed by an official who is authorized to legally bind the non -
Federal entity, which reads as follows: "By signing this report, I certify to the best of my knowledge and belief that the
report is true, complete, and accurate, and the expenditures, disbursements and cash receipts are for the purposes
and objectives set forth in the terms and conditions of the Federal award. I am aware that any false, fictitious, or
fraudulent information, or the omission of any material fact, may subject me to criminal, civil or administrative penalties
Page 13 of 14