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Northampton LAND FY20 Standard ContractCOMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM This form is jointly issued and published by the Executive Office for Administration and Finance (ANF), the Office of the Comptroller (CTR) 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-conflicting terms may be added by Attachment. Contractors may not require any additional agreements, engagement letters, contract forms or other additional terms as part of this Contract without prior Department approval. Click on hyperlinks for definitions, instructions and legal requirements that are incorporated by reference into this Contract. An electronic copy of this form is available at www.mass.gov/osc under Guidance For Vendors - Forms or www.mass.gov/osd under OSD Forms. CONTRACTOR LEGAL NAME: City of Northampton (and d/b/a): COMMONWEALTH DEPARTMENT NAME: Exec. Office of Energy and Env. Affairs MMARS Department Code: ENV Legal Address: (W-9, W-4,T&C): 210 Main Street, Northampton, MA 01060 Business Mailing Address: 100 Cambridge St., Suite 900, Boston, MA 02114 Contract Manager: Wayne Feiden Billing Address (if different): E-Mail: wfeiden@northamptonma.gov Contract Manager: Nathaniel Thomas Phone: 413-587-1265 Fax: E-Mail: Nathaniel.Thomas1@mass.gov Contractor Vendor Code: VC6000191917 Phone: (617) 626-1187 Fax: Vendor Code Address ID (e.g. “AD001”): AD . (Note: The Address Id Must be set up for EFT payments.) MMARS Doc ID(s): RFR/Procurement or Other ID Number: ENV 20 DCS 01 _X__ NEW CONTRACT PROCUREMENT OR EXCEPTION TYPE: (Check one option only) __ Statewide Contract (OSD or an OSD-designated Department) __ Collective Purchase (Attach OSD approval, scope, budget) _X_ Department Procurement (includes State or Federal grants 815 CMR 2.00) (Attach RFR and Response or other procurement supporting documentation) __ Emergency Contract (Attach justification for emergency, scope, budget) __ Contract Employee (Attach Employment Status Form, scope, budget) __ Legislative/Legal or Other: (Attach authorizing language/justification, scope and budget) ___ CONTRACT AMENDMENT Enter Current Contract End Date Prior to Amendment: , 20 . Enter Amendment Amount: $ . (or “no change”) AMENDMENT TYPE: (Check one option only. Attach details of Amendment changes.) __ Amendment to Scope or Budget (Attach updated scope and budget) __ Interim Contract (Attach justification for Interim Contract and updated scope/budget) __ Contract Employee (Attach any updates to scope or budget) __ Legislative/Legal or Other: (Attach authorizing language/justification and updated 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 Terms and Conditions __ Commonwealth Terms and Conditions For Human and Social Services COMPENSATION: (Check ONE option): The Department certifies that payments for authorized performance accepted in accordance with the terms of this Contract will be supported in the state accounting system by sufficient appropriations or other non-appropriated funds, subject to intercept for Commonwealth owed debts under 815 CMR 9.00. __ 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 new Total if Contract is being amended). $400,000. PROMPT PAYMENT DISCOUNTS (PPD): Commonwealth payments are issued through EFT 45 days from invoice receipt. Contractors requesting accelerated payments must identify a PPD as follows: Payment issued within 10 days __% PPD; Payment issued within 15 days __ % PPD; Payment issued within 20 days __ % PPD; Payment issued within 30 days __% PPD. If PPD percentages are left blank, identify reason: _X_agree to standard 45 day cycle __ statutory/legal or Ready Payments (G.L. c. 29, § 23A); __ only initial payment (subsequent payments scheduled to support standard EFT 45 day payment cycle. See Prompt Pay Discounts Policy.) 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 or what is being amended for a Contract Amendment. Attach all supporting documentation and justifications.) Northampton LAND #24 – Local Acquisitions for Natural Diversity (LAND) grant award for the acquisition in fee simple of 105± acres of land located in the City of Northampton, known as the Rocky Hill Greenway: Nashawannuck Riparian Restoration project, for permanent conservation and public passive recreation purposes, in accordance with Massachusetts General Law General Laws Chapters 132A, § 11, and all rules and regulations established by the Executive Office of Energy and Environmental Affairs, Division of Conservation Services. ANTICIPATED START DATE: (Complete ONE option only) The Department and Contractor certify for this Contract, or Contract Amendment, that Contract obligations: _X 1. may be incurred as of the Effective Date (latest signature date below) and no obligations have been incurred prior to the Effective Date. __ 2. may be incurred as of _ _, 20__, a date LATER than the Effective Date below and no obligations have been incurred prior to the Effective Date. __3. 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 Date are authorized to be made either as settlement payments or as authorized reimbursement payments, and that the details and circumstances of all obligations under this Contract are attached and incorporated into this Contract. Acceptance of payments forever releases the Commonwealth from further claims related to these obligations. CONTRACT END DATE: Contract performance shall terminate as of June 30, 2020, with no new obligations being incurred after this date unless the Contract is properly amended, provided that the terms of this Contract and performance expectations and obligations shall survive its termination for the purpose of resolving any claim or dispute, for completing any negotiated terms and warranties, to allow any close out or transition performance, reporting, invoicing or final payments, or during any lapse between amendments. CERTIFICATIONS: Notwithstanding verbal or other representations by the parties, the “Effective Date” of this Contract or Amendment shall be the latest date that this Contract or Amendment has been executed by an authorized signatory of the Contractor, the Department, or a later Contract or Amendment Start Date 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 pains and penalties of perjury, agrees to provide any required documentation upon request to support compliance, and agrees that all terms governing performance of this 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 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 CONTRACTOR: X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature) Print Name: David J. Narkewicz . Print Title: Mayor . AUTHORIZING SIGNATURE FOR THE COMMONWEALTH: X: . Date: . (Signature and Date Must Be Handwritten At Time of Signature) Print Name: William Nichols . Print Title: Finance Director . COMMONWEALTH OF MASSACHUSETTS ~ STANDARD CONTRACT FORM ATTACHMENT A – SCOPE OF SERVICES AND ADDITIONAL TERMS AND CONDITIONS ATTACHMENT B – BUDGET AND APPROVED EXPENDITURES {The Department and Contractor may complete this format or attach an approved alternative Budget format or invoice.} Items identified below which are not part of the Contract should be left blank. Attach as many additional copies of this format as necessary, Maximum obligation should appear as last entry. Page __1____ of ___1___Budget pages Attachment B is subject to any restrictions or additional provisions outlined in Attachment A INSTRUCTIONS: In order to ensure that the Department and the Contractor have a clear understanding of their respective responsibilities and performance expectations, the Following attachment shall contain a specific detailed description of all obligations, responsibilities and additional terms and conditions between the Contractor and the Department which do not modify the Contract boilerplate language. Attach as many additional pages as necessary. {See INSTRUCTIONS sheet for more information and suggested provisions to include in ATTACHMENT A.} ____________________________________________________________________________________ Northampton LAND #24 The Local Acquisition for Natural Diversity (LAND) Grant award will be used to reimburse the City of Northampton up to $400,000 for the actual approved purchase price and approved project costs associated with a fee simple acquisition of 105± acres of land (Assessors Map 44-014, 44-114) located in the City of Northampton known as the Rocky Hill Greenway: Nashawannuck Riparian Restoration project, for conservation and public passive recreation purposes. Under this agreement, and to meet the requirement of Massachusetts General Law Chapter 132A, §11, and Chapter 312 of the Acts of 2008, and 301 CMR 5.00 Self-Help Program regulations, the will maintain care and control of the project for the stated program purposes in perpetuity. To be eligible for reimbursement, all approved project costs must be expended and the approved acquisition project completed on or before June 30, 2020. The Town must record the LAND Project Agreement with the property deed, install and maintain a sign acknowledging receipt of program funding, and prepare a Baseline Documentation Report and Land Management Plan, and meet any other conditions or requirements set forth by the Division of Conservation Services. Contract Expenditures Unit Rate (per unit, hour, day) Number of Units Other Fees or Charges (specify) TOTAL FY20 Land acquisition and eligible associated costs $400,000 $ $ SUBTOTAL (this page) $400,000 MAXIMUM OBLIGATION $400,000