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FY25 Somerville Municipal ADA Improvement Grant Agreement and Contract (part 1) - signed — File 24-1697

File 24-1697·3 pages·📄 Original PDF (city portal)·sha256 64e3946a9cba…
Page 1 of 3 GRANT AGREEMENT acting by and through the Executive Director of the Massachusetts Office on Disability (MOD) on behalf of the Secretary of the Executive Office for Administration and Finance (EOAF), and the Somerville Katjana Ballantyne. PRELIMINARY STATEMENT The Grantee desires to obtain funding from EOAF in the amount specified in paragraph 1.1, as authorized under the Commonwealth of Massachusetts Five-Year Capital Investment Plan FY2023 FY2027 and Chapter 140 of the Acts of 2022, Section 2, Item 1100-2515 for a Municipal ADA Improvement Grant to Project, subject to the terms and conditions set forth in this Agreement and in compliance with all applicable state laws and regulations governing the disbursement and expenditure of state funds. The Grantee shall exercise complete management and oversight responsibility of the Project and agrees construed as the Commonwealth assuming responsibility or liability for the completed Project. SECTION 1. PROJECT SCOPE 1.1 The scope of the Project to be funded under the EOAF Grant will include: The Grantee will hire vendors with EOAF Grant funds to conduct the following scope of work: Complete a ADA Self- facilities, activities, programs and services. The maximum EOAF Grant amount authorized is $75,350. Disbursement of funds to between the date of contract execution and June 30, 2025, as described in Section 2. SECTION 2. DISBURSEMENT OF EOAF GRANT 2.1 Disbursement of the EOAF Grant under this Agreement shall be made pursuant to the FY2023- FY2027 Capital Investment Plan; the information provided in the grant application; and any other information EOAF or MOD may require. The grant award will be disbursed reimbursement, including itemized invoices showing expenses incurred by Grantee, as set forth in paragraphs 2.2 through 2.6. Grantees should submit all invoices with the request for reimbursement at the end of the grant and should not send them individually throughout the grant cycle. 2.2 It is understood and agreed that the grant provided under this Agreement shall be used solely to pay for expenses associated with the Project. Expenses relating to project administration and management shall be assumed by the Grantee, including without limitation: (i) salaries and wages of Grantee staff; (ii) legal fees; (iii) travel, meal and entertainment expenses; (iv) overhead and supplies; (v) project costs
Page 2 of 3 incurred prior to the execution and subsequent to termination of this Agreement; and (vi) costs of any other service or activity not related to the Project. 2.3 The Grantee shall keep detailed records of all activities associated with the Project, including without limitation all disbursements made pursuant to this Agreement. EOAF shall have the right to examine all records kept by the Grantee related to the Project. 2.4 The Grantee shall be responsible for any cost overruns that occur during implementation of the Project. 2.5 All approved expenses must be incurred by June 30, 2025. Grantee will forfeit reimbursement for any remaining award unused by June 30, 2025. The Executive Office for Administration and Finance shall give due consideration to any extenuating circumstances presented in writing by the applicant and may waive this restriction at its discretion. 2.6 Upon completion of the Project, and no later than July 11, 2025, Grantee shall submit a request for reimbursement that includes a cover letter stating the total amount of reimbursement sought by Grantee; and itemized invoices of all reimbursable costs incurred for the Project. The itemized invoices shall not include costs excluded from reimbursement in paragraph 2.2. The Commonwealth may reject any requests for reimbursement received after July 11, 2025. SECTION 3. REPORTING 3.1 Once the Project is completed, the Grantee shall furnish to MOD, in addition to a report certifying project completion, the following documentation: (i) copies of all permits and approvals issued in connection with the Project, unless this information was previously supplied; (ii) any outstanding expenditures in connection with the Project; (iii) documentation evidencing commitment of funds to the Project from sources other than EOAF, including documentation associated with the issuance of bonds or notes to finance the cost of the Project; (iv) a certificate of occupancy of the Project or portions of the Project as applicable by law; (v) a statement from the Grantee certifying to the best of their knowledge that the Project was undertaken in conformance with all applicable laws, rules and regulations; (vi) photo documentation of the project in its before, during, and after phases; and (vii) a statement from the Grantee describing how the project improved accessibility access in its community. SECTION 4. COMPLIANCE WITH ALL APPLICABLE LAWS/REGULATIONS 4.1 The Grantee and its consultants and contractors shall comply with any and all federal, state and local laws, rules and regulations, orders or requirements that apply to the Project, including but not limited to: (i) Executive Order 592 relating to nondiscrimination, diversity, equal opportunity and affirmative action in hiring and employment practices; (ii) the State Prevailing Wage Law (M.G.L. Ch.149, Sections 26 to 27H); (iii) Title VI of the Civil Rights Acts of 1964, as amended; (iv) Environmental Impact Requirements (M.G.L. Ch.30, Sections 61 to 62I); (v) Historic Preservation Requirements (M.G.L. Ch.9, Sections 26 to 28) and applicable regulations; (vi) Title II of the Americans with Disabilities Act (42 USC 12132) and applicable regulations and guidance, including the 2010 ADA Design Standards; (vii) Architectural Access Board Requirements (M.G.L. Ch.22, Section 13A) and applicable regulations; (viii) the MBTA Communities Act (M.G.L. Ch. 40A, Section 3A); and (ix) legal requirements relating to
Page 3 of 3 municipal or state-assisted construction and design projects, including those under M.G.L. c. 30B, c. 7C, c. 7, and c. 149, as applicable. Specifically, the Grantee agrees that any work completed under the project will conform with either 521 CMR or the 2010 ADA Design Standards, whichever is more stringent. 4.2 This Agreement shall in no way relieve the Grantee from the full force and application of any laws, rules, regulations and orders or requirements. SECTION 5. INTEREST OF MEMBERS OR EMPLOYEES OF THE GRANTEE 5.1 No officer, servant, agent, or employee of the Grantee has participated or will participate in any decision relating to the development and implementation of the Project that affects directly or indirectly their personal interest or the interest of any corporation, partnership or proprietorship with which they are directly or indirectly affiliated. Furthermore, no officer, servant, agent or employee of the Grantee shall have any interest directly or indirectly in any contract in connection with the Project or shall in any way violate M.G.L. Chapter 268A. SECTION 6. AMENDMENTS 6.1 No amendment to this Agreement or any significant modification of the scope of the Project funded under this Agreement shall be made by the Grantee without the prior written approval of EOAF. SECTION 7. SEVERABILITY OF PROVISIONS 7.1 If any provision of this Agreement is held invalid by any court of competent jurisdiction, the remaining provisions shall not be affected thereby, and all other parts of the Agreement shall remain in full force and effect. For the Municipality: ________________________ (Signature) ________________________ (Name and Title) ________________________ (Date) For the Commonwealth: ________________________ (Signature) (Name and Title) ________________________ (Date)