HomeMy WebLinkAboutContract #: 1531 - From: 07-15-2022 To: 06-30-2023 - Health Resources in Action, Inc. - Health TOWN OF NORTH ANDOVER
CONTRACT
(GOODS / SERVICES)
CONTRACT # 15
DATE:
This Contract is entered into on, or as of, this date by and between the Town of North Andover (the
"Town"), and
Health Resources in Action, Inc.
2 Boylston Street, 4 h Floor
Boston, MA 02116
617-279-2234
sridini@hria.org
l. This is a Contract for the procurement of the following: Community Health Assessment per the
attached scope of services and in accordance with the Request for Proposals dated May 5, 2022
2. The Contract price to be paid to the Contractor by the Town of North Andover is: $200,000.00
3. Payment will be made as follows: Upon completion of services and receipt of invoice (net 30) in
accordance with the following schedule:
Upon completion of Phase 1 (tasks 1-4) $107,155.00
Upon completion of Phase 1 (task 5) $ 20,845.00
Upon completion of Phase 2 (tasks 1 and 2) $ 42,825.00
Upon completion of Phase 2 (tasks 4 and 4) $ 29,175.00
4. Definitions
4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by
the Town of North Andover. Proper acceptance shall be understood to include inspection of
goods and certification of acceptable performance for services by authorized representatives of
the Town to insure that the goods or services are complete and are as specified in the Contract.
4.2 Contract Documents: All documents relative to the Contract including(where used) Invitation
to Bid, Request for Proposals, Instructions to Bidders/Proposers, Proposal Form, General
Conditions, Supplementary General Conditions, General Specifications, Other Specifications
included in Project Manual, Drawings, and all Addenda issued during the bidding period or
proposal. The Contract documents are complementary, and what is called for by any one shall
be as binding as if called for by all. The intention of the document is to include all labor and
materials, equipment and transportation necessary for the proper performance of the Contract.
The Scope of Services is attached as Exhibit 1.
4.3 The Contractor: The "other party" to any Contract with the Town. This term shall (as the
sense and particular Contract so require) include Vendor, Contractor, Engineer, or other label
used to identify the other party in the particular Contract. Use of the term "Contractor" shall be
understood to refer to any other such label used. The Contractor's relationship to the Town is
that of an independent contractor and not that of an agent or employee of the Town. There is no
relationship of employment or agency between the Town and the Contractor and neither party
shall have or exercise any control or direction over the method by which the other performs its
work or functions aside from such control or directions as provided in this Contract which the
parties view as consistent with their independent contractor relationships.
4.4 Date of Substantial Performance: The date when the work is sufficiently complete, the services
are performed, or the goods delivered, in accordance with Contract documents, as modified by
approved Amendments and Change Orders.
4.5 Goods: Goods, Supplies or Materials.
4.6 SubContractor: Those having a direct Contract with the Contractor. The term includes one
who furnished material worked to a special design according to the Drawings or Specifications
of this work, but does not include one who merely furnishes material not so worked.
4.7 Work: The services or materials contracted for, or both.
5. Term of Contract and Time for Performance
This Contract shall be fully performed by the Contractor in accordance with the provisions of the Contract
Documents on or before June 30, 2023, unless extended pursuant to a provision for extension contained in
the Contract documents at the sole discretion of the Town, and not subject to assent by the Contractor, and
subject to the availability and appropriation of funds as certified by the Town Accountant. The time limits
stated in the Contract documents are of the essence of the Contract.
6. Subject to Appropriation
Notwithstanding anything in the Contract documents to the contrary, any and all payments which the Town
is required to make under this Contract shall be subject to appropriation or other availability of funds as
certified by the Town Accountant. The Town may immediately terminate or suspend this Agreement without
liability on the part of the Town for damages, penalties or other charges in the event the appropriation(s)
funding this Agreement is terminated or reduced to an amount which will be insufficient to support anticipated
future obligations under this Agreement.
7. Permits and Approvals
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its performance of
the Contract shall be secured and paid for by the Contractor.
8. Termination and Default
8.1 Without Cause. The Town may terminate this Contract at its sole discretion on seven(7) calendar
days notice when in the best interests of the Town by providing notice to the Contractor, which
shall be in writing and shall be deemed delivered and received when given in person to the
Contractor, or when received by fax, express mail, certified mail return receipt requested, regular
mail postage prepaid or delivered by any other appropriate method evidencing actual receipt by
the Contractor. Upon termination without cause, Contractor will be paid for services rendered to
the date of termination.
8.2 For Cause. If the Contractor is determined by the Town to be in default of any term or condition
of this Contract, the Town may terminate this Contract on seven (7) days notice by providing
notice to the Contractor, which shall be in writing and shall be deemed delivered and received
when given in person to the Contractor, or when received by fax, express mail, certified mail
return receipt requested, regular mail postage prepaid or delivered by any other appropriate
method evidencing actual receipt by the Contractor.
8.3 Default. The following shall constitute events of a default under the Contract:
1) any material misrepresentation made by the Contractor to the Town; 2) any failure to perform
any of its obligations under this Contract including, but not limited to the following: (i)
failure to commence performance of this Contract at the time specified in this Contract due
to a reason or circumstance within the Contractor's reasonable control, (ii) failure to perform
this Contract with sufficient personnel and equipment or with sufficient material to ensure
the completion of this Contract within the specified time due to a reason or circumstance
within the Contractor's reasonable control, (iii) failure to perform this Contract in a manner
reasonably satisfactory to the Town, (iv) failure to promptly re-perform within a reasonable
time the services that were rejected by the Town as unsatisfactory, or erroneous, (v)
discontinuance of the services for reasons not beyond the Contractor's reasonable control,
(vi) failure to comply with a material term of this Contract, including, but not limited to, the
provision of insurance and non-discrimination, (vii) any other acts specifically and expressly
stated in this Contract as constituting a basis for termination of this Contract, and(viii)failure
to comply with any and all requirements of federal or state law and/or regulations, and Town
bylaws and/or regulations.
9. The Contractor's Breach and the Town's Remedies
Failure of the Contractor to comply with any of the terms or conditions of this Contract shall be deemed
a material breach of this Contract, and the Town of Andover shall have all the rights and remedies
provided in the Contract documents, the right to cancel, terminate, or suspend the Contract in whole or
in part, the right to maintain any and all actions at law or in equity or other proceedings with respect to
a breach of this Contract, including damages and specific performance, and the right to select among
the remedies available to it by all of the above.
From any sums due to the Contractor for services, the Town may keep the whole or any part of the
amount for expenses, losses and damages incurred by the Town as a consequence of procuring services
as a result of any failure, omission or mistake of the Contractor in providing services as provided in this
Contract.
10. StatutoEy Compliance
10.1 This Contract will be construed and governed by the provisions of applicable federal, state and
local laws and regulations; and wherever any provision of the Contract or Contract documents
shall conflict with any provision or requirement of federal, state or local law or regulation,
then the provisions of law and regulation shall control. Where applicable to the Contract, the
provisions of the Massachusetts General Laws are incorporated by reference into this Contract,
including, but not limited to, the following:
M.G.L. Chapter 30B — Procurement of Goods and Services.
M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts.
M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts.
10.2 Wherever applicable law mandates the inclusion of any term and provision into a municipal
contract, this Section shall be understood to import such term or provision into this Contract.
To whatever extent any provision of this Contract shall be inconsistent with any law or
regulation limiting the power or liability of cities and towns, such law or regulation shall
control.
10.3 The Contractor shall give all notices and comply with all laws and regulations bearing on the
performance of the Contract. If the Contractor perfi rms the Contract in violation of any
applicable law or regulation, the Contractor shall bear all costs arising therefrom.
10.4 The Contractor shall keep itself fully informed of all existing and future State and National
Laws and Municipal By-laws and Regulations and of all orders and decrees of any bodies or
tribunals having jurisdiction in any manner affecting those engaged or employed in the work,
of the materials used in the work or in any way affecting the conduct of the work. If any
discrepancy or inconsistency is discovered in the Drawings, Specifications, Scope of Business
or Contract for this work in violation of any such law, by-law, regulation, order or decree, it
shall forthwith report the same in writing to the Town. It shall, at all times, itself observe and
comply with all such existing and future laws, by-laws, regulations, orders and decrees; and
shall protect and indemnify the Town of North Andover, and its duly appointed agents against
any claim or liability arising from or based on any violation whether by him or its agents,
employees or subcontractors of any such law, by-law, regulation or decree.
11. Conflict of Interest
Both the Town and the Contractor acknowledge the provisions of the State Conflict of Interest Law
(General Laws Chapter 268A), and this Contract expressly prohibits any activity which shall
constitute a violation of that law. The Contractor shall be deemed to have investigated the application
of M.G.L. c. 268A to the performance of this Contract; and by executing the Contract documents the
Contractor certifies to the Town that neither it nor its agents,employees,or subcontractors are thereby
in violation of General Laws Chapter 268A.
12. Certification of Tax Compliance
This Contract must include a certification of tax compliance by the Contractor, as required by General
Laws Chapter 62C, Section 49A (Requirement of Tax Compliance by All Contractors Providing
Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).
13. Affirmative Action; Non-Discrimination
The Contractor will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws Chapter 151 B (Law Against Discrimination)
and any executive orders,rules,regulations,and requirements of the Commonwealth of Massachusetts
as they may from time to time be amended.
The Contractor shall comply with all federal and state laws, rules and regulations promoting fair
employment practices or prohibiting employment discrimination and unfair labor practices and shall
not discriminate in the hiring of any applicant for employment nor shall any qualified employee be
demoted, discharged or otherwise subject to discrimination in the tenure, position, promotional
opportunities, wages, benefits or terms and conditions of their employment because of race, color,
national origin, ancestry, age, sex, religion, disability, handicap, sexual orientation or for exercising
any rights afforded by law.
14. Condition of Enforceability Against the Town
This Contract is only binding upon, and enforceable against, the Town if. (1) the Contract is signed
by the Town Manager or its designee; and (2) endorsed with approval by the Town Accountant as to
appropriation or availability of funds; and (3) endorsed with approval by the Town Counsel as to
form.
15. Corporate Contractor
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's
Certificate or if a Limited Liability Corporation, a Manager's Certificate or other documentation
satisfactory to the Town certifying the corporate capacity and authority of the party signing this
Contract for the corporation. Such certificate shall be accompanied by a letter or other instrument
stating that such authority continues in full force and effect as of the date the Contract is executed by
the Contractor. This Contract shall not be enforceable against the Town of North Andover unless and
until the Contractor complies with this section.
16. Liability of Public Officials
To the full extent permitted by law, no official, employee, agent or representative of the Town of
North Andover shall be individually or personally liable on any obligation of the Town under this
Contract.
17. Indemnification
To the fullest extent permitted by law, the Contractor shall indemnify, defend and save harmless the Town,
its officers, attorneys, agents and employees from and against any and all damages, liabilities, actions, suits,
proceedings, claims, demands, losses costs, expenses, recoveries and judgments of every nature and
description (including reasonable attorneys' fees) brought or recovered against them that may arise in whole
or in part out of or in connection with the work being performed or to be performed, or out of any act or
omission by the Contractor, its employees, agents, subcontractors, material men, or anyone directly or
indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of
whether or not it is caused in part by any party indemnified hereunder. The Contractor further agrees to
reimburse the Town for damage to its property caused by Contractor, its employees, agents, subcontractors
or material men, and anyone directly or indirectly employed by any of them or anyone for whose acts any
of them may be liable, including damages caused by his, its or their use of faulty, defective or unsuitable
material or equipment regardless of whether or not it is caused in part by any party indemnified hereunder.
The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this
Contract.
In any and all claims against the Town or any of their agents or employees by any employee of the
Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose
acts any of them may be liable, the indemnification obligation under this paragraph shall not be limited in
any way by any limitation on the amount or type of damages, compensation or benefits payable by or for
the Contractor or any Subcontractor under Workmen's Compensation Acts, disability benefit acts or other
employee benefit acts.
The duty to defend, indemnify and hold harmless shall immediately accrue and be owing upon the utterance
of such a claim by any person or entity regardless of merit and shall not be dependent upon a finding of
negligence or any other finding of fact at trial. The duty to defend shall be absolute and shall not be
defeated or in any way undermined by the utterance of claims not covered by this Contract.
The intent of the Specifications regarding insurance is to specify minimum coverage and minimum limits of
liability acceptable under the Contract. However, it shall be the Contractor's responsibility to purchase and
maintain insurance of such character and in such amounts as will adequately protect it and the Town from
and against all claims, damages, losses and expenses resulting from exposure to any casualty liability in the
performance of the Work.
18. Workers Compensation Insurance
The Contractor shall provide by insurance for the payment of compensation and the furnishing of
other benefits under Chapter 152 of the General Laws of Massachusetts(The Worker's Compensation
Act)to all employees of the Contractor who are subject to the provisions of Chapter 152 of the General
Laws of Massachusetts.
Failure to provide and continue in force such insurance during the period of this Contract shall be
deemed a material breach of this Contract, shall operate as an immediate termination thereof, and the
Contractor shall indemnify the Town for all losses, claims, and actions resulting from the failure to
provide the insurance required by this Article.
The Contractor shall furnish to the Town evidence of such insurance prior to the execution of this
Contract in a form satisfactory to the Town before the same shall be binding on the parties thereto,
except if specifically waived by the Town.
18.1 The Contractor further understands and agrees that in rendering services to the town under
this Contract that the Contractor is an independent contractor and not an employee of the
Town, that the Contractor is not covered by the Town's Workers' Compensation, or liability
insurance, that the Contractor shall not make any claim against the Town, its officers, agents
and employees and that the Contractor indemnifies, holds harmless, and releases the Town
from any claims of the Contractor or of any other party that may arise in whole or in part out
of or in connection with the work being performed by the Contractor.
19. Documents, Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the Contractor
under this Contract are to be kept confidential and shall not be made available to any individual or
organization by the Contractor(except agents, servants, or employees of the Contractor) without the
prior written approval of the Town, except as otherwise required by law. The Contractor shall comply
with the provisions of Chapter 66 and Chapter 66A of the General Laws of Massachusetts as they
relates to public documents, and all other state and federal laws and regulations relating to
confidentiality, security, privacy and use of confidential data.
Any materials produced in whole or in part under this Contract shall not be subject to copyright,except
by the Town, in the United States or any other country. The Town shall have unrestricted authority
to, without payment of any royalty, commission, or additional fee of any type or nature, publicly
disclose, reproduce, distribute and otherwise use, and authorize others to use, in whole or in part, any
reports, data or other materials prepared:under this Contract.
All data,reports,programs, software, equipment, furnishings,and any other documentation or product
paid for by the Town shall vest in the Town. The Contractor shall at all times, during or after
termination of this Contract, obtain the prior written approval of the Town before making any
statement bearing on the work performed or data collected under this Contract to the press or issues
any material for publication through any medium.
20. Confidentiality
The Contractor shall comply with M.G.L. ch. 66A if the Contractor becomes a"holder" of"personal
data". The Contractor shall also protect the physical security and restrict any access to personal or
other Town data in the Contractor's possession, or used by the Contractor in the performance of this
Contract, which shall include, but is not limited to the Town's public records, documents, files,
software, equipment or systems.
21. Record-Keeping and Retention, Inspection of Records
The Contractor shall maintain records, books, files and other data as specified in this Contract and in
such detail as shall properly substantiate claims for payment under this Contract, for a minimum
retention period of seven (7) years beginning on the first day after the final payment under this
Contract, or such longer period as is necessary for the resolution of any litigation, claim, negotiation,
audit or other inquiry involving this Contract. The Town shall have access during the Contractor's
regular business hours and upon reasonable prior notice, to such records, including on-site reviews
and reproduction of such records at a reasonable expense.
22. Assignment
The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility, obligation, duty or interest under this Contract without the written approval of the
Town.
23. Subcontracting By Contractor
Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations under this
Contract must be in writing, authorized in advance by the Town and shall be consistent with and
subject to the provisions of this Contract. Subcontracts will not relieve or discharge the Contractor
from any duty, obligation, responsibility or liability arising under this Contract. The Town is entitled
to copies of all subcontracts and shall not be bound by any provisions contained in a subcontract to
which it is not a party.
24. Risk of Loss
The Contractor shall bear the risk of loss for any Contractor materials used for this Contract and for
all deliveries, Town personal or other data which is in the possession of the Contractor or used by the
Contractor in the performance of this Contract until possession, ownership and full legal title to the
deliverables are transferred to and accepted by the Town.
25. Minimum Wad/Prevailing Wage
The Contractor will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws Chapter 151, §1, et seq. (Minimum Wage
Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The Contractor will at all times comply
with the wage rates as determined by the Commissioner of the Department of Labor and Industries,
under the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage Law), as shall be in
force and as amended. The Contractor will, in addition to any other submissions required by the
Prevailing Wage Law, submit certified weekly payrolls to the Town with the information described
in General Laws Chapter 149, §2713.
26. Audit, Inspection and Recordkeeping
At any time during normal business hours, and as often as the Town may deem it reasonably
necessary,there shall be available in the office of the Contractor for the purpose of audit,examination,
and/or to make excerpts or transcript all records, contracts, invoices, materials, payrolls, records of
personnel, conditions of employment and other data relating to all matters covered by this Agreement.
27. Pam
The Town agrees to make all reasonable efforts to pay to the Contractor the sum set forth in the
Contractor's bid or proposal within thirty (30) days of receipt of an invoice detailing the work
completed and acceptance from the Town of the work completed.
28. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation contained in
this Contract may be made only by written amendment executed by all signatories to the original
Contract, prior to the effective date of the amendment.
To the extent allowed by law, any conditions, duties, and obligations contained in this Contract may
be waived only by written agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor
in any manner limit the legal or equitable remedies available to that party. No waiver by either party
of any default or breach shall constitute a waiver of any subsequent default or breach of a similar or
different matter.
29. Forum and Choice of Law
This Contract and any performance herein shall be governed by and be construed in accordance with
the laws of the Commonwealth of Massachusetts. Any and all proceedings or actions relating to
subject matter herein shall be brought and maintained in the courts of the Commonwealth of
Massachusetts, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed
to limit any other legal rights of the parties.
30. Notices
Any notice permitted or required under the provisions of this Contract to be given or served by either
of the parties hereto upon the other party hereto shall be in writing and signed in the name or on the
behalf of the party giving or serving the same. Notice shall be deemed to have been received at the
time of actual service or three (3) business days after the date of a certified or registered mailing
properly addressed. Notice to the Contractor shall be deemed sufficient if sent to the address set forth
in the Contract and to the Town of North Andover by being sent to the Town Manager, Town Hall,
120 Main Street, North Andover, Massachusetts 01845
31. Binding on Successors
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or successors in
interest (and where not corporate, the heirs and estate of the Contractor).
32. Complete Contract
This instrument, together with its endorsed supplements, and the other components of the contract
documents, constitutes the entire contract between the parties, with no agreements other than those
incorporated herein.
33. Contractor Certifications
33.1 By signing this contract, the Contractor certifies under the penalties of perjury that pursuant
to General Laws Chapter 62C sec. 49A, the Contractor has filed all state tax returns, paid all
taxes and complied with all laws of the Commonwealth relating to taxes; and that pursuant to
General Laws Chapter 151 A, sec. 19A, the Contractor has complied with all laws of the
Commonwealth relating to contributions and payments in lieu of contributions.
33.2 By signing this contract,the Contractor certifies under the penalties of perjury that this contract
has been obtained in good faith and without collusion or fraud with any other person. As such
in this certification, the word "person" shall mean any natural person, business, partnership,
corporation, union, committee, client or other organization, entity or group of individuals.
33.3 Qualifications. The Contractor certifies it is qualified and shall 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 of State's website as licensed to do business in
Massachusetts, as required by law.
33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies that
performance under this Contract,in addition to meeting the terms 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.
33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are currently
debarred or suspended by the federal or state government under any law or regulations
including, Executive Order 147, M.G.L. ch. 29, §29F, M.G.L. ch 30, §30R, M.G.L. ch. 149,
§27C, M.G.L. ch. 149, §44C, M.G.L. ch. 149, §14813 and M.G.L. ch. 152, §25C.
34. Additional Provisions:
34.1 Applicable to Contracts for the Procurement of Goods
34.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the
Contract.
34.1.2 Change Orders:
Change orders may not increase the quantity of services by more than
twenty-five (25.0%)percent, in compliance with Massachusetts General Laws
Chapter 30B, §13.
This Contract for purchase includes the following delivery, installation or setup
requirements:
34.2 Applicable to Contracts for Services
34.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor. This
term shall not include employment agreements, collective bargaining agreements, or
grant agreements.
34.2.2 Change Orders:
Change orders for contracts subject to Massachusetts General laws Chapter 30B may
not increase the total contract price by more than twenty-five(25%) per cent and
shall be, in compliance with General Laws Chapter 30B, §13.
34.2.3 Minimum Wage/Prevailing Wage:
The Contractor will carry out the obligations of this Contract in full compliance with
all of the requirements imposed by or pursuant to General Laws Chapter 151, §1, et
seq. (Minimum Wage Law) and any executive orders, rules, regulations, and
requirements of the Commonwealth of Massachusetts as they may from time to time
be amended. The Contractor will at all times comply with the wage rates as
determined by the Commissioner of the Department of Labor and Industries, under
the provisions of General Laws Chapter 149, 26 to 27D (Prevailing Wage Law), as
shall be in force and as amended. The Contractor will, in addition to any other
submissions required by the Prevailing Wage Law, submit certified weekly payrolls
to the Town with the information described in General Laws Chapter 149, §27B.
34.2.4 Insurance:
II'he Contractor shall obtain and maintain the following insurance:
34.2.4.1 Workers Compensation Insurance of the scope and amount required
by the laws of the Commonwealth of Massachusetts.
34.2.4.2 Broad Form Commercial General Liability coverage with limits of at
least $1 Million per occurrence and $2 Million aggregate, and which
shall cover bodily injury, death, or property damage arising out of the
work.
34.2.4.3 Automobile Liability Coverage, including coverage for hired or
borrowed vehicles with limits of at least $1 Million per combined
single limit.
34.2.4.4 The intent of the Specifications regarding insurance is to specify
minimum coverage and minimum limits of liability
acceptable under the Contract. However, it shall be the Contractor's
responsibility to purchase and maintain insurance of such character
and in such amounts as will adequately protect it and the Town from
and against all claims, damages, losses and expenses resulting from
exposure to any casualty liability in the performance of the work.
34.2.4.5 All required insurance shall be certified by a duly authorized
representative of the insurers on the Certificate of Insurance form
incorporated into and made a part of this agreement. Properly
executed certificates and endorsements acceptable to the Town
signifying adequate coverage in effect in accordance with the
requirements of this Contract for the duration of the contract must be
submitted to the Town prior to execution of this Contract by the
Town, with renewal certificates and endorsements issued not less than
30 days prior to expiration of a policy period. The Contractor shall
submit copies of all policies to the Town within 7 days of such a
request. All insurance carriers shall be authorized by the
Massachusetts Commissioner of Insurance to do business in the
Commonwealth of Massachusetts..
34.2.4.6 The Town and its employees and officials shall be named as an
additional insured on the above referenced liability policies, with the
exception of Workers Compensation, and the Contractor's insurance
shall be primary and non-contributory with respect to any other
coverage available to additional insureds.. The cost of such insurance,
including required endorsements or amendments, shall be the sole
responsibility of the Contractor. .
Contractual liability must recognize the indemnities contained in this
Agreement..
34.2.4.7 Coverages are to be maintained for a period of_3_years after final
payment.
34.2.4.8 The Contractor shall maintain all required insurance in full force and
effect as required by this Contract or the Contractor shall be in
material breach hereof.
34.2.4.9 The above referenced liability policies shall include a Waiver of
Subrogation in favor of the Town
IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set forth their
hands the day and year first above written.
THE TOWN THE CONTRACTOR
rn I �
Town Manager I Date Copany Name
7-
DivisioAeparode"nyAead Date Signature Date
Contract Manager
Print Name & Title
� ...
Federal Identification No:
APPROVED AS TO FORM:
00
� ..
.... .
7-20-22
Town Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
Town Ac untant Date
Exhibit I
Scope of Services
SCOPE OF SERVICES
PROJECT MANAGEMENT AND PARTNER ENGAGEMENT (ONGOING)
HRiA believes in actively engaging the client and project partners in regular project updates. We
recommend check-in conference calls every other week(twice monthly) (approximately 60 minutes
in length) with the project leads from Andover and North Andover, any other key individuals (e.g.,
members of the Community Advisory Committee), and the HRiA team to provide updates on the
project, ensure the process has open communication, and allow space to discuss opportunities and
challenges as they arise.
Engagement of Community Advisory Committee
To ensure that community voice is present throughout the community needs assessment process, HRiA
proposes engaging a Community Advisory Committee (CAC) for this project. Examples of individuals
that could be engaged for the CAC include key community leaders (e.g., religious leaders, members of
local government), stakeholders from target populations (e.g., leaders of cultural organizations, small
business owners), and local experts from any topics of interest (e.g.,transportation,health care, aging).
The CAC will be engaged to ensure that the needs assessment's approach, methods, and data collection
tools are culturally relevant and reflective of community needs and interest.
While the specific role of the CAC can be decided on at project start, examples of potential activities
include review of data collection tools (e.g., focus group guides), identification of target segments for
qualitative data collection, review, and prioritization of key findings from the assessment,and
participation in the planning and implementation process.
As there will be overlap in the goals and activities of the Towns' assessment and planning processes,
HRiA proposes engaging one Advisory Committee that includes representation from both communities.
Engagement of the CAC will emphasize opportunities for collaboration between North Andover and
Andover, while still ensuring that each town has its own process that reflects its unique context and
needs.
At the beginning of the project, HRiA will hold a kick-off meeting with North Andover and Andover
project staff and their project Community Advisory Committee to discuss the overall CNA-CHIP
project approach and timeline. Consistent with best practices for community health improvement',
HRiA recommends that members of the CAC participate in this kick-off meeting to advise on the
overall approach. In addition to discussing the overall project approach,this kick-off meeting will also
be used to identify specific topics of interest to delve deeply into through the CNA qualitative data
collection and secondary data review.
'We propose using an adapted MAPP process that reflects the direction of the updated MAPP process. However, it is
important to note that the official update to the MAPP tools and process will not be released until Summer 2023.
HRiA will conduct a CNA that identifies the key health needs and assets of the North Andover and
Andover communities, building off and expanding upon any past work conducted by the Towns and
their partners to identify trends or differences in sub-population groups. The CNA will be structured to
meet the requirements of a Comprehensive Community Health Assessment as part of the PHAB
Accreditation process. In summary, HRiA proposes the following methods for the components of the
CNA:
• Engagement of Community Advisory Committee
• Secondary data review: provide guidance on the review and analysis of social, economic, and
health indicators for the area
• Quantitative data collection: community health survey
• Qualitative data collection:
o Individual or small group key informant discussions with a range of stakeholders and
community leaders, conducted by telephone
o Focus groups conducted with a variety of audience segments, including but not
limited to different racial or ethnic groups, age groups, or issue groups, conducted
virtually
For each of these activities, HRiA will document (via meeting minutes and notes) any planning
meetings and/or decision-making processes in alignment with requirements for PHAB accreditation.
These will be shared with Andover and North Andover.
1. SECONDARY DATA REVIEW (JULY-OCTOBER)
HRiA will manage the collection of secondary data sources and indicators for the Assessment. HRiA's
staff will oversee compiling, reviewing, synthesizing, and analyzing secondary data relevant to the target
communities. The secondary data will incorporate a social determinants of health perspective by
examining the multitude of upstream social and economic issues that have an impact on health(e.g.,
unemployment, education, and housing). Where available, data will be examined by race/ethnicity to
understand the ongoing impact that systemic racism has had on individuals and community health and
wellbeing. HRiA will create all graphs, tables, maps, and other data visualizations needed for the
primary CNA report and appendices.
2. QUALITATIVE DATA COLLECTION - KEY INFORMANT INTERVIEWS & FOCUS
GROUPS (AUGUST - NOVEMBER)
While existing quantitative and survey data provide benchmarks on key indicators as well as insight on
the magnitude and severity of specific risk factors and health outcomes, it may not tell the whole story.
Qualitative data can engage community members, leaders, and organizations in the CNA process to
provide insight into the risk and protective factors that have an impact on the health of the community,
identify where there are gaps in services, programs, and policies, and elicit feedback on what the
community views as the biggest needs to address.
z Association for Community Health Improvement(ACHI)Community Health Assessment Toolkit:
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6
During the qualitative data collection, HRiA will probe on specific issues including those that
emerged during the kick-off discussion and any other issues of interest identified by the Towns
or by the CAC. For example, qualitative data collection can gather information on specific
disease topics (e.g., mental health, addiction, diabetes), related social needs(e.g., food
insecurity), social and other context(e.g., the COVID-19 pandemic; the ongoing national
movement for racial justice), specific health care or social service utilization patterns (e.g., use
of local food banks or urgent care centers), and specific populations.
HRiA proposes conducting 20 interviews with key stakeholders and 10 resident discussions
with residents in the Andover and North Andover communities.Conducting the resident
discussions in languages other than English can be discussed at project start. HRiA will work
with project leadership, the CAC, and local stakeholders to identify interviewees and focus
group segments. Opportunities to conduct overlapping data collection (e.g., an interview with
a community-based organization that serves both communities) will be identified and discussed
with project leadership and the CAC.
Interviews. Interviews of 30-60 minutes will be conducted by telephone or video. A semi-
structured interview guide will be used to guide the discussions and will include questions
related to the community assets and opportunities in Andover and North Andover, as well as
prioritization of community needs. Interviewees could represent a wide range of organizations
from different sectors including health care providers, local government, education, human
services, housing, transportation, community-based organizations, and faith- based
organizations.
Resident Discussions. Resident discussions of 3-6 participants for a duration of 60-90 minutes
will be conducted by video or in-person focus groups. The resident discussion format will
encourage group-based qualitative data collection in a manageable and productive manner apt
for a virtual format. A semi-structured guide will be used to guide the discussions and will
include questions related to the community assets and opportunities in North Andover and
Andover, as well as prioritization of community needs. Resident discussions can explore
residents' priorities for community needs to be addressed, the strengths of their community
that can be leveraged, and areas that are ripe for future action. Resident discussions can also
explore the specific challenges and barriers that residents encounter in seeking services as well
as what factors have supported their efforts. Resident discussions can be with populations
segmented by different characteristics including age group, race/ethnicity, town of residence,
health care utilization, parental status, language spoken, or other important characteristics.
HRiA's practice is to provide stipends to community-based organizations for recruiting
participants ($150/organization) and to resident discussion participants for their participation
($35 in cash or gift card/participant).
Analysis of collected qualitative data will be conducted in a manner that distinguishes between
Andover and North Andover,though areas of overlap or potential opportunities for
collaboration between the two communities will be highlighted.
Page 7
3. QUANTITATIVE DATA COLLECTION—COMMUNITY SURVEY
(SEPTEMBER- NOVEMBER)
To gather quantitative data that has not been included in secondary sources, HRiA proposes
conducting an online community survey of Andover and North Andover residents. This survey
will focus on the health-related issues, social determinants of health, and service and
programming priorities among residents and would include questions to provide information on
social context and root causes of inequities. HRiA recommends approaching the development,
distribution, and analysis of the survey through a health and racial equity lens to ensu re
that appropriate demographic information is gathered, that the survey reaches diverse
populations, and that the results are analyzed by subgroups as feasible. Analysis will be
conducted to distinguish findings between the two focus communities, though areas of overlap
or potential opportunities for collaboration will be highlighted.
To minimize the burden placed on community organizations engaged to support survey
dissemination and on respondents themselves and increase the likelihood of response, HRiA
recommends identifying any concurrent data collection efforts (e.g., other community survey
efforts) and, where possible, identifying opportunities to align with those efforts. In the
opportunity arises to coordinate with other initiatives, HRiA can adjust the budget accordingly.
This scope assumes that HRiA would develop the survey in English but can discuss additional
languages to meet the needs of Andover and North Andover. There would be an additional
$2,000 fee to cover translation, pilot testing and programming for the surveys in additional
languages. HRiA would program the survey into an online link for dissemination. HRiA
would then work with the Towns and the CAC to disseminate the survey to community
networks. The email link could be promoted on professional and personal list serves in the
community, sent to organizational rosters, and be advertised in the local newspaper, website, or
via social media(e.g., an advertisement on Facebook only for users from the two
communities). HRiA will provide technical assistance on survey dissemination, with an eye
towards strategies to reach diverse populations and the organizations that serve them.
However, it is assumed in this scope that the Towns and their stakeholders
will conduct most of the marketing work for disseminating the online survey. This scope also
assumes that the Towns are responsible for entering data from any paper copies of survey
responses that are collected.
It should be noted that the online methods of survey administration do not use probability
sampling and thus produce samples that may not be representative of the town. These survey
methods, however, can help engage the community and still elicit important feedback for the
assessment.
4. CNA PRESENTATION AND PRIORITIZATION OF ASSESSMENT RESULTS
(DECEMBER)
Once the assessment is drafted, HRiA will develop PowerPoint presentation on key findings
for presentation at the Community Health Implementation Plan (CHIP) kick-off and
prioritization meetings. Priorities are used as the basis for developing goals, objectives,
strategies and action plans to implement the CHIP. HRiA will facilitate a prioritization process
Page 8
that allows for the identification for shared or overlapping priorities, as well as priorities that
may be town specific.
The prioritization process takes place once a health assessment has been conducted and key
themes/strategic issues/significant health issues have been identified for the community. The
process considers priorities to be "strategic issues". When synthesizing the data from the
CNAs, HRiA refers to potential priorities as "key themes" or"key health issues" that emerged
from the data gathering. Identifying a set of 3-5 priorities for each community is important for
.focusing the health improvement planning efforts to best take advantage of the resources
available to make the improvements needed on the health of the community. Numerous key
themes/health issues/strategic issues may be identified as part of an assessment- as many as
10-15. The prioritization process narrows that larger list to a manageable set of priorities -
priorities that partners can reach consensus on and commit to planning efforts around.
There are several methods for reaching consensus on priorities. HRiA utilizes a rating tool
where each key theme/health issue/strategic issue is rated against a set of agreed upon criteria.
Participants cast votes for their top-rated issues, and the highest voted 3-5 issues are then
agreed to be the Priorities for health improvement planning.
The PowerPoint slide deck from the assessment key themes and prioritization session will be
available for North Andover and Andover to use in any additional presentations to
stakeholders such as town leadership, community leaders, and policymakers. This scope
assumes that project leads from North Andover and Andover are responsible for
presenting the CNA to town leadership and obtaining any necessary approvals.
5. ANALYSIS AND DEVELOPMENT OF DRAFT AND FINAL CNA REPORT
(DECEMBER - FEBRUARY)
HRiA will develop a final assessment report. Data from these tasks will be analyzed to provide
a portrait of each of the two target communities, their needs and assets, current infrastructure,
and strategic opportunities for the future. The qualitative data gathered during the CNA will be
analyzed thematically, as HRiA team members examine and code notes for similarities and
differences across responses. Extracted themes will be summarized, highlighting community
and sub-group priority concerns and perceived assets. The aggregate secondary data will be
integrated with the qualitative information.
HRiA anticipates that the CNA report will be organized by topic and will focus on the themes
that emerged across the community, noting specific differences by demographic sub-
population where appropriate. The goal will be to build off past work, identify trends and
changes, and drill-down into the data to identify specific, action-oriented findings. The
CNA report will include an introduction; methodology; findings from all the data collection
activities by key theme/topic area; and a final section discussing key issues and larger
strategic directions to consider when moving forward with a planning process for that
community.
Page 9
A draft assessment report will first be submitted to Andover and North Andover for review.
This step will provide an opportunity for key stakeholders to give additional input into the
information being gathered for the report. Based on this feedback, HRiA will finalize the
report. HRiA aims for the final assessment report to be salient to multiple audiences, written
in lay language, and be visually interesting. To this end, we suggest that the final report be no
more than 50-60 pages (without appendices) and focus on the main findings from this work.
Any additional information that is important for Andover or North Andover but not critical for
the main report will be provided in an appendix. Once the final report is reviewed and
approved, HRiA will develop up to eight (8), 1-page data infographic sheets (four(4)per
town) detailing key findings on prioritized topics selected by the two communities. These
infographics can be used for public dissemination and communication.
The final report will be delivered as a Microsoft Word document including a table of contents,
main report, and appendices (including infographic sheets). The Towns of North Andover and
Andover may provide logo(s)/artwork for use on the cover pages if desired. HRiA can provide
an estimate for graphic design services to develop a more elaborately illustrated and formatted
final document at Andover and North Andover's request. HRiA will also provide a
PowerPoint presentation for Andover and North Andover's use in presenting the assessment to
their Boards, Leadership, and other key groups.
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Following the completion of the community needs assessments, the work will move into
development of two community health improvement plans.
1. CHIP KICK-OFF, CAPACITY BUILDING SESSIONS, AND
PREPLANNING MEETINGS (JANUARY 2023)
HRiA will conduct two virtual 90-minute meeting (one with Andover and one with North
Andover project staff and their project CAC)to kick off the planning processes and discuss
current/emerging initiatives from the recently completed Community Needs Assessments
(CNAs). During the Kick-Off Meetings, HRiA will review the CHIP process, define
outcomes, deliverables, project timeline, the roles and responsibilities for leadership and
participants in the planning process, and scheduling for the planning sessions.
Preparation is required to meaningfully engage diverse stakeholders in the development and
implementation of a CHIP. Informed by the findings from the assessment and conversations
with the Community Advisory Committee, HRiA will craft a set of capacity building sessions
to prepare planning participants for the CHIP planning process. HRiA proposes to lead two, 2-
hour interactive capacity building sessions to engage the planning participants. While the
content of each session will be similar to build a common foundational experience across all
participants, approaches and examples might vary slightly depending on the unique needs of
participants and their respective community. Potential topics might include, but are not limited
to:
• Foundations in health and racial equity: Define health equity, racial equity, health
Page 10
inequities, structural racism, and other related concepts and frameworks.
• Identifying root causes of inequities: Prioritize approaches that meaningfully address
disparities and advance equity, uncover the root causes of inequities in our work, and
explore the ways power perpetuates inequities.
• Advancing health equity through systems change: Explore upstream and
downstream approaches to health; and identify narratives and mental models that
hold inequities in place, opportunities to shift relationships and power more
equitably, and opportunities for structural change—through policies, practices,
community engagement, and resource flows.
• Power, privilege, and facilitating collective ownership and accountability: Recognize
how intersecting social identities interact with systems and health outcomes, identify
how power, oppression, and privilege
intersect—along with opportunities for change, and explore individual, interpersonal, and
institutional roles and responsibilities to advance health and racial equity.
Not all topics listed above will included in the two, 2-hour sessions; HRiA will work with the
Community Advisor;- Committee to prioritize topics. HRiA will support the Community
Advisory Committee to recruit and plan the logistics for each capacity building session. Once
planned, HRiA will deliver these interactive capacity building sessions—with attention to
building knowledge and skills, ensuring the actionability of learning, and creating a learning
environment that encourages trust- and relationship-building. HRiA will also collect participant
feedback for continuous quality improvement.
HRiA will also develop content and conduct two 1-1.5-hour virtual pre-planning sessions for
all participants of the upcoming CHIP planning sessions. These sessions will cover the
identified priorities and relevant data to support the priorities chosen. The CHIP planning
processes and session expectations will also be covered. This meeting provides a foundation
for participants and allows more time for priority group planning during the CHIP sessions.
This meeting will be recorded and shared with any invitees who are unable to attend the live
virtual meeting.
DELIVERABLES FOR CHIP KICK-OFF, CAPACITY BUILDING SESSIONS AND
PRE-PLANNING MEETING
• Agenda(Word document) and presentation (PowerPoint document) for the Kick-Off
Meetings
• Documented outcomes of the Kick-Off Meetings (Word document)
• Agenda(Word document) and presentation (PowerPoint document) for the Capacity
Building Sessions
• Agenda(Word document), presentation (PowerPoint document) for Pre-Planning
Meetings
• Link to recording of the Preplanning Meetings
2. CHIP PLANNING SESSIONS (FEBRUARY—MARCH 2O23)
HRiA's planning process aims to be both inclusive and focused. The goal is to engage a
representative group of stakeholders to ensure support and buy-in as well as develop plans that
Page 11
are actionable and will meet the needs of the Towns of North Andover and Andover. HRiA's
facilitated approach permits in-depth conversation, ensures feedback from multiple points of
view, and allows participants to have input on all elements of the plans.
The CHIPS will be 5-year plans to address health issues that are prioritized as most appropriate
for North Andover and Andover to address. The plans will focus on developing goals and
measurable objectives for the communities' recommended initiatives, selecting strategies
(including identifying what is already being implemented by others), developing outcome
indicators and targets aligned with community planning processes, and determining which
community partners will help facilitate implementation.
To this end, HRiA will design and facilitate two separate processes, each comprised of four
virtual sessions with stakeholders, to develop CHIPs that are in alignment with current
initiatives,the respective CHNAs, and other identified priorities in the community. HRiA will
then facilitate conversations in work groups, one for each priority area, capturing key elements
to develop the following plan components during this working meeting:
• Goals for each of the priority areas
• Measurable objectives for each of the goals (approximately 3-4 per goal)
• Outcome indicators for each objective (baseline, target, and data sources)
• Strategies to meet each of the objectives, with annual timeline benchmarks
• Potential Partners/Resources
Between sessions, working group participants will provide feedback on the plan components
drafted for all priority areas.
Preplanning Session Orientation and Planning Overview 1.5 hours
Session 1 Draft Goal Statements 1.5 hours
Session 2 Finalize Goal Statements, Draft Objective Statements 2.5 hours
Session 3 Finalize Objectives, Brainstorm Strategies 2.5 hours
Session 4 Finalize Strategies 1 2 hours
For the purposes of this proposal, HRiA has provided cost options for HRiA staff members to
facilitate work groups for eight(8)potential priority areas, and two (2) staff to coordinate
logistics, materials, and technology.
DELIVERABLES FOR CHIP PLANNING SESSION
• Agenda(Word document), presentation (PowerPoint document), and any handouts
(Word document) for CHIP Planning Sessions
• Summary notes and outcomes of priority area discussions (Word documents)
3. DRAFT AND FINAL CHIP REPORTS (APRIL—MAY 2023)
The CHIP reports will synthesize the outcomes from the planning sessions, identify or refine
the indicators that may be helpful in tracking the success of the CHIPs, and outline how
organizations and agencies in Andover and North Andover can work together to focus on
common priorities. HRiA aims for the final CHIP reports to be salient to multiple audiences,
Page 12
with a focus on the main findings, written in lay language. To this end, the final documents
will clearly articulate the health priorities and provide a"roadmap" of goals, objectives, and
strategies for how to achieve these priorities. From the collaborative, interactive nature of the
CHIP processes, it would also be expected that this plan would have support and buy-in from a
range of stakeholders. The CHIPs will ideally become living documents as key leaders
involved in this CHIP processes secure commitments from stakeholders for CHIP
implementation.
Upon receipt of each draft, North Andover and Andover project leadership and the CAC will
disseminate the CHIPs to the appropriate subject matter experts (SMEs) and other reviewers
for their input. North Andover and Andover project leadership will identify, and assign a team
of subject matter experts (SMEs) and/or epidemiologists (EPIs) to do the following review and
refinement of the planning session outcomes as part of each feedback/review cycle:
• Refine strategies for evidence-base and feasibility
• Add to partners and resources list
• Identify current, relevant plans for CHIP alignment
• Identify appropriate baselines, targets, and data sources for outcome indicators
for each defined objective (data table)
For each feedback/review cycle, project leadership will identify one point person for each
priority area to collect and organize feedback from the multiple reviewers into one submission
to HRiA. For the purposes of this proposal, HRiA has budgeted for two (2)review/feedback
cycles. Following each electronic review and feedback cycle, HRiA will incorporate
recommended changes into a revised and ultimately final drafts of the CHIPs. HRiA
will be happy to conduct additional review/feedback cycles at the client's request for a mutually
agreed uponcost.
The drafts and final reports will be delivered as Microsoft Word documents including a table of
contents, main report, and appendices. The main body of the reports will be formatted with
headings, written narrative, and tables containing the plan components. The client may
provide logo(s)/artwork for use on the cover page if desired. HRiA can provide an estimate for
graphic design services to develop a more elaborately illustrated and formatted final document
at the client's request.
HRiA will also develop a PowerPoint presentation for use in communicating the CHIPs to the
community and other stakeholders.
DELIVERABLES FOR DRAFT AND FINAL CHIP REPORTS
• First Drafts of the 2022 Community Health Improvement Plans (Word document)
• Instructions for review/feedback cycles (emails)
• Second Drafts of the 2022 Community Health Improvement Plans (Word document)
• Final 2021 Community Health Improvement Plans (Word document)
• CHIP presentations (PowerPoint)
Page 13
4. CHIP YEAR 1 ACTION PLANNING & REPORT DEVELOPMENT (JUNE 2023)
HRiA will design and facilitate virtual planning sessions, working with a diverse group of
stakeholders to:
• Identify which objectives and/or strategies will be implemented in Year 1 of the two
CHIP Action Plans.
• Develop the components of the two Action Plans that include specific activities to
accomplish strategies, target dates, resources available and/or required, lead
person/organization, potential partners, and anticipated product or result.
For the purpose of this proposal, HRiA would provide facilitators for six (three per CHIP), two-
hour virtual planning sessions, one facilitator for each of the priority area work groups.
HRiA will use the work outputs of the action planning sessions, as well as input from Andover
and North Andover leadership, to develop draft Year One Action Plans to include: goals,
objectives, strategies from the CHIPs, and the Action Plan components for the Year 1
strategies (specific activities, target dates, resources available and/or required, lead
person/organization,potential partners, and anticipated product or result). The goal of the
Year One Action Plans will be to provide a realistic blueprint of activities and action steps that
can be implemented and tracked as well as indicate roles and responsibilities to which
organizations can be held accountable.
Upon receipt of the draft,North Andover and Andover leadership will disseminate the plans to
the appropriate reviewers/subject matter experts for their input. Project leadership will then
collect/organize feedback from the multiple reviewers into one submission to HRiA. HRiA
recommends conducting one (1)review and feedback cycle. Following the feedback cycle,
HRiA will incorporate recommended changes into a revised/final draft of the Action Plans.
The draft and final reports will be delivered as a Microsoft Word document including a table of
contents, main report, and appendices. The reports will contain minimal narrative. The client
may provide logo(s)/artwork for use on the cover pages if desired.
DELIVERABLES FOR YEAR 1 ACTION PLANS
• Agendas and materials for Action Planning Sessions (Word and PowerPoint documents).
• Recommendations for set-up, logistics, and supplies/materials required for session.
• Drafts of the Year 1 Action Plans (Word document)
• Final Year 1 Action Plans (Word document)
Page 14
Town of North Andover—American Rescue Plan Act(ARPA)Contract Addendum
Notice: The contract to which this addendum is attached is made using federal assistance provided to the
Town of North Andover by the US Department of Treasury under the American Rescue Plan Act
("ARPA"), Sections 602(b)and 603(b)of the Social Security Act, Pub. L. No. 117-2 (March 11, 2021).
The following terms and conditions apply to you, the contractor or vendor, as a contractor of the Town of
North Andover, according to the Town's Award Terms and Conditions signed on May H, 2021; by
ARPA and its implementing regulations; and as established by the Treasury Department.
1. Equal Opportunity. Contractor shall comply with Executive Order 11246, "Equal
Employment Opportunity," as amended by EO 11375, "Amending Executive Order 11246 Relating to
Equal Employment Opportunity,"and as supplemented by regulations at 41 CFR part 60, "Office of
Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor."
Minority and Women Business Enterprises(if applicable to this Contract) Contractor hereby agrees
to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432
(concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when
applicable. Accordingly,the Contractor hereby agrees to take affirmative steps to assure that women and
minority businesses are utilized when possible as sources of supplies, equipment, construction and
services. Affirmative steps shall include the following:
a. Including qualified women's business enterprises and small and minority businesses
on solicitation lists;
b. Assuring that women's enterprises and small and minority businesses are solicited
whenever they are potential sources;
c. When economically feasible, dividing total requirements into smaller tasks or
quantities so as to permit maximum participation by small and minority business, and
women's business enterprises;
d. Where the requirement permits, establishing delivery schedules which will encourage
participation by women's business enterprises and small and minority business;
e. Using the services and assistance of the Small Business Administration, and the U.S.
Office of Minority Business Development Agency of the Department of Commerce;
and
f. If any subcontracts are to be let,requiring the prime Contractor to take the affirmative
steps in a through e above.
For the purposes of these requirements, a Minority Business Enterprise(MBE) is defined
as an enterprise that is at least 51 percent owned and controlled in its daily operation by
members of the following groups: Black, Hispanic, Asian or Pacific Islander, American
Indian, or Alaskan Natives. A Women Business Enterprise (WBE) is defined as an
enterprise that is at least 51 percent owned and controlled in its daily operation by women.
The Town of Andover maintains an online directory of W/MBE businesses, which can be
accessed at:
2. Suspension and Debarment.(applies to all purchases.)(A)This contract is a covered transaction
for purposes of 2 CFR pt. 180 and 2 CFR pt. 3000. As such, the Contractor is required to verify that none
of Contractor's principals (defined at 2 CFR § 180.995) or its affiliates (defined at 2 CFR § 180.905) are
excluded(defined at 2 CFR§ 180.940)or disqualified(defined at 2 CFR§ 180.935).
(B) The Contractor must comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart C, and must
include a requirement to comply with these regulations in any lower tier covered transaction it enters into.
Page 1 of 5
(C) This certification is a material representation of fact relied upon by the Town of Andover. If it is later
determined that the contractor did not comply with 2 CFR pt. 180, subpart C and 2 CFR pt. 3000, subpart
C, in addition to remedies available to the Town, the Federal Government may pursue available remedies,
including but not limited to suspension and/or debarment.
(D)The Contractor agrees to comply with the requirements of 2 CFR pt. 180, subpart C and 2 CFR pt.3000,
subpart C while this offer is valid and throughout the period of any contract that may arise from this offer.
The Contractor further agrees to include a provision requiring such compliance in its lower tier covered
transactions.
3. Byrd Anti-Lobbying Amendment,31 U.S.C. § 1352, as amended. (Applies to all purchases.)
Contractor certifies that it will not and has not used Federal appropriated funds to pay any person or
organization for influencing or attempting to influence an officer or employee of any agency, a Member of
Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Contractor shall
also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal
award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the
certification(s)to the awarding agency.
*Purchases over$100,000- Contractors must sign the certification on the last page of this
addendum*
4. Access to Records. (applies to all purchases.) (A) The Contractor agrees to provide the Town of
Andover, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their
authorized representatives access to any books,documents,papers,and records of the Contractor which are
directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions. The Contractor agrees to permit any of the foregoing parties to reproduce by any means or
to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.
(B) The Contractor agrees to provide the Treasury Department or authorized representatives access to
construction or other work sites pertaining to the work being completed under the contract.
(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury
Department or the Comptroller General of the United States.
5. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the
performance of experimental, developmental, or research work shall provide for the rights of the Federal
Government and the recipient in any resulting invention in accordance with 37 CFR part 401, "Rights to
Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants,
Contracts and Cooperative Agreements,"and any applicable implementing regulations.
6. Contract Work Hours and Safety Standards Act(40 U.S.C.327 through 333)(applies only to
purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in
excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for
compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as
supplemented by Department of Labor regulations (29 CFR part 5). Under Section 3702 of the Act, each
contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard
workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker
is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40
hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provides that no laborer or mechanic shall be required to work in surroundings or under working conditions
which are unsanitary,hazardous or dangerous.These requirements do not apply to the purchases of supplies
or materials or articles ordinarily available on the open market, or contracts for transportation or
transmission of intelligence.
Page 2 of 5
7. Clean Air Act& Federal Water Pollution Control Act(applies to purchases of more than
$150,000.)
(A) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.
(B) The Contractor agrees to comply with all applicable standards,orders,or regulations issued pursuant to
the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.
(C)The Contractor agrees to report each violation of the Clean Air Act and the Water Pollution Control Act
to the Town of Andover and understands and agrees that the Town will, in turn, report each violation as
required to assure notification to the Federal Emergency Management Agency, and the appropriate
Environmental Protection Agency Regional Office.
(D) Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in
whole or in part with Federal assistance.
8. Prohibition on certain telecommunications and video surveillance services or
equipment(Huawei and ZTE)
Contractor is prohibited from obligating or expending loan or grant funds to:
(1) Procure or obtain;
(2) Extend or renew a contract to procure or obtain;or
(3) Enter into a contract(or extend or renew a contract)to procure or obtain equipment, services, or
systems that uses covered telecommunications equipment or services as a substantial or essential
component of any system,or as critical technology as part of any system. As described in Public Law
115-232, section 889, covered telecommunications equipment is telecommunications equipment
produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of
such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure,and other national security purposes,video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company(or any
subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
9. Buy USA-Domestic Preference for certain procurements using federal funds. Contractor
should,to the greatest extent practicable under a Federal award,provide a preference for the purchase,
acquisition, or use of goods,products, or materials produced in the United States(including but not
limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this
section must be included in all subawards including all contracts and purchase orders for work or
products under this award. For purposes of this section:
(1)"Produced in the United States"means, for iron and steel products,that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States.
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(2)"Manufactured products"means items and construction materials composed in whole orin
part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
10. Procurement of Recovered Materials: (applies only if the work involves the use of materials)
(A) In the performance of this contract, the Contractor shall make maximum use of products containing
recovered materials that are EPA-designated items unless the product cannot be acquired:
i. Competitively within a timeframe providing for compliance with the contract performance
schedule;
ii. Meeting contract performance requirements; or
iii. At a reasonable price.
(B) Information about this requirement, along with the list of EPA-designated items, is available at
EPA's Comprehensive Procurement Guidelines web site,
(C) The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the
Solid Waste Disposal Act.
11. Publications.Any publications produced with funds from this award must display the
following language: "This project [is being] [was] supported, in whole or in part, by federal
award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department
of the Treasury."
12. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62
FR 19217 (Apr. 18, 1997),Contractor is encouraged to adopt and enforce on-the-job
seat belt policies and programs for your employees when operating company-owned,rented
or personally owned vehicles.
13. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR
51225 (Oct. 6,2009), Contractor is encouraged to adopt and enforce policies that ban text messaging
while driving,and establish workplace safety policies to decrease accidents caused by distracted
drivers.
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- This form is required only for purchases of more than $100,000-
31 CFR Part 21 -New Restrictions on Lobbying-CERTIFICATION REGARDING
LOBBYING
The undersigned certifies,to the best of their knowledge and belief,that:
L No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,
to any person for influencing or attempting to influence an officer or employee of an agency, a
Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract, the making of any Federal grant, the
making of any Federal loan, the entering into of any cooperative agreement, and the extension,
continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or
cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for
influencing or attempting 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
this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and
submit umdan,] _i ��u�rr � ,l,p_,,, "Disclosure Form to Report Lobbying," in accordance with its
instructions.
3. The undersigned shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under
grants, loans, and cooperative agreements) and that all contractors shall certify and disclose
accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction
was made or entered into. Submission of this certification is a prerequisite for making or entering into this
transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required
certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each
such failure.
The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and
disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. Ch.
38, Administrative Remedies for False Claims and Statements, apply to this certification and disclosure, if
any.
Date: bw-)
Signature of Contractor's authorized official
r ,
(Print nam of person signing above)
(Print title of person signing above)
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