playgroud for all MOU.doc.pdf
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CITY OF NORTHAMPTON, MASSACHUSETTS
MEMORANDUM OF AGREEMENT FOR
RYAN ROAD SCHOOL PLAYGROUND FOR ALL
THIS AGREEMENT, executed this 26th day of August, 2024 by and between Northampton Central Services,
with an address of 240 Main Street, Room 11, Northampton MA 01060 hereinafter called "Grantee" and the City of
Northampton, acting through its Community Preservation Committee, c/o Office of Planning and Sustainability, 210
Main Street, Room 11, Northampton, MA 01060 a municipal corporation in the County of Hampshire, Commonwealth
of Massachusetts, party of the second part hereinafter called "Grantor".
WITNESSETH, that for the consideration hereinafter mentioned, the Grantor and the Grantee shall agree to the terms
and conditions contained in this Agreement, enumerated as follows: The Grantor-Grantee Agreement, Bidding
Documents, Agreement Forms, Specifications contained herein and all addenda issued prior to and all Modifications
issued after execution of the Agreement.
The Grantee shall use the funds for creation of an inclusive playground at the Ryan Road School, in accordance
with the City Council Appropriation dated: June 6, 2024. The Agreement is subject to the Project Application
submitted to the Northampton Community Preservation Committee (CPC), and subject to the following terms and
conditions:
THE GRANTOR shall pay the Grantee for the performance of this agreement in the sum of $720,000.00 (seven
hundred twenty thousand dollars) in accordance with the terms of this agreement.
This agreement shall not be altered in any particular without the consent of all parties to this agreement. All alterations
to this agreement must be in writing and authorized as such by the Mayor and a Majority vote of the Board, Agency, or
Committee signing this agreement.
The Grantee shall not delegate, assign or transfer any of its duties delineated in the scope of services without prior
written consent from the CITY.
In the event the Grantee is a corporation a certificate that the person executing this agreement is duly authorized to sign,
must accompany this agreement.
Notwithstanding anything in the Agreement documents to the contrary, any and all payments which the City is required
to make under this Agreement shall be subject to appropriation or other availability of funds as certified by the City
Auditor. Obligations for payments beyond the current fiscal year are subject to appropriation and this Agreement shall
be canceled in the event of non-appropriation.
Final payment on this agreement shall release and discharge the Grantor from any and all claims against the Grantor on
account of any work performed hereunder, or any alteration hereto.
The Grantee shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees against all suits,
claims or liabilities of every nature, arising out of, or in consequence of, the acts or omissions of the Grantee, its
employees, agents, or sub-contractors in connection with their rendering of services or goods under this AGREEMENT
and will, at the Grantee’s own cost and expense, defend any and all such suits and actions
By signing this agreement the Grantee agrees to subject any dispute to mediation, at the option of the City, prior to filing
suit in any forum.
This agreement shall be deemed to be a Massachusetts contract and its interpretation and construction shall be governed
by the laws of Massachusetts and the Charter and Ordinances of the Grantor.
The provisions of this agreement are severable. If any provision of this agreement shall be held unconstitutional by any
court of competent jurisdiction, the decision of such court shall not affect any other provisions of this agreement.
Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge
and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and
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withholding and remitting child support. I further authorize the City of Northampton to deduct from the amounts due
under this agreement, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the
grantee which become due and payable by the grantee or its officers, directors or agents during the term of this
agreement or until the final amounts due under this agreement are paid in full.
Standard Terms and Conditions for CPA Projects:
Term. The term of this Grant Award and the deadline for completion of all work is three years from the date of the
City's execution of this agreement. Funds not utilized on the Project may not be drawn down and must be returned to
the Community Preservation Fund Reserve and made available for future appropriation to other recipients. If the
Northampton CPC determines that funds have been spent on goods or services not included in the project budget or
otherwise not authorized under the CPA, the Grantee shall be responsible for repayment of such funds to the CPA
Fund.
Public Records. All reports and project documents submitted to the Northampton CPC shall become the property of
the City of Northampton and shall be available for use by the City and available to the public under the Massachusetts
Public Records Law.
Monitoring Annual preservation guarantee certifications will be required for the length of the preservation guarantee.
For perpetual preservation guarantees, the Community Preservation Committee reserves the right to require annual
preservation guarantee certifications for an amount of time that will best serve the community.
Guarantees. Projects funded through the Community Preservation Act shall be subject to preservation guarantees or
restrictions on the property limiting the use of the interest to the purpose of the funding. The guarantee/restriction
accepted by the Northampton CPC is incorporated into this Grant Agreement by reference.
Compliance with Laws and Agreement. Grantee understands and agrees that projects funded through this Award are
made pursuant to and must comply with the requirements of the Community Preservation Act, M.G.L. c. 44B. Grantee
also agrees to comply with all requirements of this Grant Agreement.
Permits and Licenses. It is the obligation of the Grantee to obtain all permits and licenses necessary for implementation
of the Project. The award of this Grant waives no federal, state or local permit or license.
No Liability of City. By making this award, the City does not accept any liability whatsoever for any acts, omissions or
errors associated with the Project. Grantee agrees to indemnify and defend the City from all claims, suits or demands
resulting from implementation of the Project.
Payment Terms. The Grantor shall pay the Grantee upon the completion of the project or portions of the project, upon
receipt and approval of invoices. The Grantee shall submit detailed invoices documenting that the work that has been
completed on the project and subcontractor invoices. The final payment will not be issued until the Final Report has
been submitted and approved. Invoices submitted to the Grantor may take up to 45 calendar days for processing and
payment, and shall be made payable to the Grantee. Payments will not be made prior to a service being provided and
paid by the Grantee unless specifically specified in the agreement.
Land Acquisitions: For approved land acquisitions, the City can provide a check directly to the seller of land IF all
information on the seller is provided upfront (taxpayer ID) and the City takes part in the closing to ensure that the final
disposition of the land and all agreement requirements are met. When the Grantee may request this, the name of the
Seller, the Seller’s taxpayer ID, evidence of no back taxes, must be provided in this agreement.
Included by reference is the complete grant budget submitted to the Community Preservation Committee as part of the
project application that accounts for (1) the expenditure of all funds awarded under this Grant Agreement; and (2) all
other sources of funding, if necessary, to complete the project as described herein.
Reports. Each year until the completion of the project, the Grantee shall provide the Northampton CPC with a written
update on the progress toward completion of the work. A Final Report, including photo documentation, is due not later
than 30 days after the date of completion. The Final Report shall be to the satisfaction of the Northampton CPC, which
approval shall not be unreasonably withheld. Grantee shall, upon request of the Northampton CPC, give an oral
presentation of its final report at a meeting of the Northampton CPC.
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Community Preservation Act Awareness. The Grantee shall identify that the Project was funded through the City of
Northampton Community Preservation Act in its written materials about the Project, including websites, social media,
press releases, brochures, etc.
Conditions Specific to the Playground for All project:
The applicant shall designate an owner’s project manager to oversee construction of the playground, and the work shall
be bid and constructed in a single phase
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Grantee: Northampton Central Services
_______________________________________it's
Patrick McCarthy
___________________________DATE________________
Director
CITY OF NORTHAMPTON:
BY: ________Community Preservation Committee_______________________
AGENCY NAME
Carolyn Misch, AICP, Director of Planning and Sustainability Date
___________________________________________Date ____________
Mayor Gina Louise Sciarra
Approved Pursuant to Spending Advisory
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