City of Gloucester

City of Gloucester

GRANT AGREEMENT

Between the

COMMUNITY PRESERVATION COMMITTEE

And

MAGNOLIA LIBRARY CENTER

This Grant Agreementexecuted this day of______, 2012__, by and between the City of Gloucester, acting through its Community Preservation Committee (hereinafter “CPC”), c/o Community Development Department, 3 Pond Road, Gloucester, MA 01930 (hereinafter "CITY"), and ______Magnolia Library Center (hereinafter “Grantee”), with an address of ______P. O. Box 5552, Gloucester, MA 01930. The purpose of this Grant Agreement is to implement the following grant award:

The City shall pay the Grantee for the performance of this contract in the sum of $7,500 (seven thousand five hundred dollars) ______($ ) in accordance with the terms of this Agreement.

The Grantee shall hire a sprinkler engineer to develop a plan for a sprinkler system to protect and preserve the building in the event of fire and/or hiring an architect to draft plans for a handicap compliant bathroom. shall {Project Description}

This contract is subject to the Project Application submitted to the Gloucester Community Preservation Committee and subject to the following terms and conditions:

1. Award – Subject to the terms of this Agreement, the City agrees to award the Grantee the amount of seven thousand five hundred dollars ($7,500){spell out in words and numbers} for the above referenced Project.

2. Project Application – The Project Application submitted to the CPC, as may be amended by conditions of the CPC upon award, is incorporated into this Agreement by reference.

3. Term – The term of this Grant Award is___ one years from the date of the City’s execution of this Agreement or December 31, 2014, whichever occurs first, unless the CPC grants an extension for good cause shown. The project shall commence on ______January 2014 and work on the project shall continue with due diligence until completed. If the Grantee fails to substantially complete the project in accordance with the schedule attached hereto, then the Grantee shall request an extension, which shall be granted for good cause shown. Funds not utilized on the Project must be returned to the Gloucester Community Preservation Fund Reserve and will be made available for future appropriation to other recipients.

4. Budget – Prior to the commencement of the Work, the Grantee must submit a complete project budget that accounts for (1) the expenditure of all funds awarded under this Agreement; and (2) all other sources of funding, if necessary, to complete the project as described herein. The Grantee shall not expend any grant funds unless sufficient sources of funding have been secured to complete the Work and the Project Budget has been approved by the CPC. If the 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.

5. Disbursement of Funds – Grant funds are to be dispersed according to the Project Schedule - Attachment A. The Grantee shall prepare and submit requests for payment to the City, along with back-up reasonably required by the City. Grantee understands and agrees that it may not request payment from the City for any costs covered by or charged to any other funding source. Unless specifically otherwise agreed in writing by the City, the Grantee shall use all other funds available for the project prior to using the CPA funds. The Grantee shall submit such documentation as may be required in this Agreement as a condition to such periodic disbursements. Requests for payment should be addressed to:

CPA Project Manager

Community Development Dept., Grants Office

3 Pond Road, 2nd Floor

Gloucester, MA 01930

6. Reports – The Grantee shall provide the CPC with a written update on the progress toward completion of the work, due on the 15th day of January, April, July and October until the Project is complete. The recipient shall also provide an interim report at the 50% Completion Stage, along with budget documentation. The Grantee shall provide high-resolution digital photos of the project to the Committee before, during, and after construction, where appropriate. A Final Report, including digital photo-documentation of the project, where appropriate, is due within 30 days after the date of completion.

The Final Report shall be to the satisfaction of the CPC, whose approval shall not be unreasonably withheld.

All reports and project documents submitted to the CPC shall become the property of the City of Gloucester and shall be available for use by the City and be available to the public under the Massachusetts Public Records Law.

7. Records and Monitoring – The Grantee agrees to maintain such records with respect to utilization of the grant funds and income derived there from as are kept in the normal course of business and such additional records as may be required by the City. The City shall periodically evaluate the performance of the Grantee and may make a determination as to whether the Grantee has conformed with this Agreement and has a continuing capacity to carry out the funded activities in the manner required pursuant to this Agreement.

Said records shall be available for inspection by the City during normal business hours and as often as the City may deem necessary. The Grantee shall make available all such records and documents as requested by said parties for audit and/or monitoring. The City shall be entitled to examine and make copies of such records and may audit all contracts, procurement records, invoices, materials, payrolls, personnel records, conditions of employment, and all documents relating to all matters covered by this Agreement provided said record does not contain proprietary information of the Recipient.

8. Project Liaison – The CPC may designate a Project Liaison for the project being funded by this Grant Agreement. The Project Liaison may be either a City employee or a consultant retained by the CPC for that purpose. The Grantee shall cooperate with the Project Liaison, including providing access to the project site at reasonable times and with reasonable notice. The Project Liaison shall serve as the agent of the CPC for monitoring project compliance with the terms of this Agreement and shall periodically report to the CPC regarding the progress of the Project funded by this Agreement and the compliance of the Grantee with the terms of this Agreement.

9. Deed Restrictions – Pursuant to Massachusetts General Laws Chapter 44B, § 12, every project that involves the acquisition of any interest in real property with CPA funds shall be bound by a permanent deed restriction that meets the requirements of M.G.L. c. 184, limiting the use of the interest to the purpose for which it was acquired. Where applicable, the Grantee agrees to the imposition of such deed restriction in a form acceptable to the CPC. Additionally, every project that involves the use of funds for historic preservation of real property through CPA funds shall be bound by a permanent historic preservation restriction or a façade easement that meets the requirements of M.G.L. c. 184. Every project that involves the use of funds for affordable housing shall be bound by a permanent affordable housing restriction that meets the requirements of M.G.L. c. 184. Said restrictions shall be in a form acceptable to the CPC.

10. Compliance with Laws and Agreement – The 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. The Grantee also agrees to comply with all requirements of this Agreement. All CPC funded historic preservation projects shall comply with the Standards for Rehabilitation stated in the United States Secretary of the Interior’s Standards for the Treatment of Historic Properties codified in 36 C.F.R. Part 68.

11. Permits and Licenses – It is the obligation of the Grantee to obtain all permits and licenses necessary for implementation of the Project. No local permit or license is waived by the award of this Grant.

12. 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. The Grantee agrees to indemnify and hold harmless, the City and all 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. The Grantee agrees to defend the City from all claims, suits or demands, and costs and expenses, including attorney’s fees resulting from implementation of the Project.

13. Community Preservation Act Awareness – Prior to beginning work on this Project, the Grantee agrees to post, in an appropriate location mutually acceptable to the parties, a temporary sign, to be provided by the CPC, stating, “This Project received funding assistance from the Citizens of Gloucester through the Community Preservation Act.” The temporary sign will be returned to the Project Manager of the CPC in the same condition as it was provided for re-use. The Grantee shall also identify that the Project was funded through the City of Gloucester Community Preservation Act in its written materials about the Project, including but not limited to; press releases and brochures.

14. No Assignment – This Agreement may not be assigned by the Grantee without prior written agreement by the City of Gloucester.

15. Recapture of Funds – If the Grantee fails to comply with the requirements of this Agreement, the funds shall revert to the City, and the Grantee shall be liable to repay the entire amount of the funding to the City. The City shall take such steps as necessary, including legal action, to recapture such funds.

16. Default and Termination – If the CPC determines that the Grantee has failed to fulfill all obligations set forth under the terms of this Agreement as so defaulted in said obligations, the City shall so notify the recipient in writing, setting forth the nature and details of the default and in its sole discretion, to terminate this Agreement upon written notice to the Grantee.

17. Return of Funds – Upon completion of the Project, any funds granted to the Grantee under this Agreement and not yet expended shall be returned forthwith to the City without further expenditure thereof.

18. Contract Interpretation – This agreement shall be construed as a Massachusetts contract and any interpretation of its meaning, effects or consequences shall be determined with reference to Massachusetts statutory and common law.

In the event this Agreement is terminated pursuant to the provisions of Section 16 hereof, any funds granted to the Grantee under this Agreement and not yet expended shall be returned forthwith to the City without further expenditure thereof.

If this Agreement is terminated as a result of negligent or intentional acts or omissions of the Grantee, the Grantee shall be liable to repay to the City the entire amount of funding provided under this Agreement, and the City shall take such steps as are necessary, including legal action, to recover said funds.

In the event the City is required to take legal action under this Agreement, the Grantee shall be liable for all of the City’s costs expended for the enforcement of this Agreement, including but not limited to reasonable attorney’s fees and court costs.

19. Notice – Any and all notices or other communications required or permitted under this Agreement, shall be in writing and delivered by hand or by first class mail to the respective addresses set forth below.

To the City of Gloucester:

CPC c/o Community Development Department

3 Pond Road, 2nd Floor

Gloucester, MA 01930

To the Grantee:

Mr. James O’Hara, Jr.

Magnolia Library Center

P.O. Box 5552

Gloucester, MA 01930

20. Severability – If any term or condition of this Agreement or any application thereof shall to any extent be held invalid, illegal or unenforceable by a court of competent jurisdiction, the validity, legality, and enforceability of the remaining terms and conditions of this Agreement shall not be deemed affected thereby.

21. Governing Law – This Agreement constitutes the entire agreement between the parties hereto, and may be amended only in writing executed by both the City and the Grantee. Signatory below acknowledges and avers that he/she has the authority to execute this Agreement on behalf of the Recipient.

22. Other provisions – All other provisions, if any, are set forth within the following schedules attached here to and made a part hereof as listed below:

1. Funds to be utilized for hiring a sprinkler engineer to develop plans for the installation of a fire protection system and/or an architect to draft plans for a handicap bathrooms.

2. An historic preservation restriction will be required.

FEDERAL ID ##237089725

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Grantee SignatureDate

COMMONWEALTH OF MASSACHUSETTS Essex ss, Gloucester

On the above date, the above named personally appeared before me, proved to me through satisfactory evidence of identification, to be the person whose name is signed on this document and acknowledged the execution of this agreement to be his/her free act and deed.

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Notary Public My Commission Expires

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Community Development Director Date

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Purchasing Agent Date

CERTIFICATION OF FUNDS

I hereby certify the funds in the amount of $ $7,500 ( (SEVEN THOUSAND FIVE HUNDRED DOLLARS and 00/100) are available to the City from the Community Preservation Program, for the purpose of this project and the expenditure of said funds has been approved by the City of Gloucester, with the condition that all financial obligations of the City under this project shall be subject to the continued availability of said Community Preservation funds.

ACCOUNT NUMBER # 275017.10.194????.52000.0000.00.000.000.052

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City Auditor Date

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Carolyn A. Kirk, Mayor Date

APPROVED AS TO FORM

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General Counsel Date

ATTACHMENT A

PROJECT SCHEDULE

CITY OF GLOUCESTER

community preservation COMMITTEE

(MAGNOLIA LIBRARY AND COMMUNITY CENTER RENOVATIONINSERT PROJECT NAME)

Estimated Funds / Activity / Estimated Date
$7,500 / Hire professional engineer to plan a sprinkler system and/or architect to draft plans for handicap accessible restrooms / January 2014