Appendix_2.pdf

STANDARD CONTRACT DOCUMENT (FORM CM 10)

CITY OF BOSTON

CONTRACT ID:

Contractor Legal Name:

(and d/b/a):

City Department Name:

Department Head:

Contractor Address: Mailing Address:

Contractor Vendor ID: Billing Address (if different):

ACCOUNT FUND DEPT ID PROGRAM CLASS PROJECT BUD REF FUNCTION AMOUNT

Contract Details Description/Scope of Services: (Attach supporting documentation)

Begin Date: End Date:

Rate: $ (Attach details of all rates, units, and charges)

Not to Exceed Amount: $

Contract Signatures

AUDITOR CONTRACTOR AWARDING AUTHORITY/OFFICIAL

APPROVED AS TO AVAILABILITY OF

APPROPRIATION OR PURSUANT TO

ARTICLE 12.2 OF THE GENERAL

CONDITIONS

AGREES TO PROVIDE THE GOODS OR

SERVICES AS INDICATED IN

ACCORDANCE WITH THESE CONTRACT

DOCUMENTS.

ATTACH APPROVED LETTER OF AWARD AND

OTHER REQUIRED DOCUMENTS.

IN THE AMOUNT OF

SIGNATURE SIGNATURE

SIGNATURE TITLE DATE

DATE DATE

Approved as to form by Corporation Counsel September 2017 No payment will be made until the executed contract is filed with the Auditing Department

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(Form CM 11)

CITY OF BOSTON

STANDARD CONTRACT GENERAL CONDITIONS

ARTICLE 1 -- DEFINITION OF TERMS:

1.1 The following terms in these Contract Documents shall be construed as follows:

1.1.1 “City” shall mean the City of Boston, Massachusetts.

1.1.2 “Contract” and “Contract Documents” shall include, in the following hierarchy of document precedence, as applicable: the City’s Standard Contract Document; these Standard Contract General Conditions; the Invitations for Bids, Requests for Proposals, or other solicitations; the Contractor’s responses including Contractor Certifications and Applications, excluding any language stricken by City as unacceptable and including any negotiated statements of work contemplated by the solicitation; and Performance Bonds, which documents are incorporated herein by reference.

1.1.3 “Contractor” shall mean the individual, partnership, corporation or other entity to which this Contract is awarded.

1.1.4 “Official” shall mean the awarding authority/officer acting on behalf of the City in the execution of the Contract.

ARTICLE 2 -- PERFORMANCE:

2.1 The Contractor shall conform to all determinations and directions, in accordance with provisions of this Contract, of the Official concerning all questions which may arise relating to the performance of services under this Contract.

2.2 The Contractor shall, upon written request of the Official, remove from City premises and replace all individuals in the Contractor’s employ whom the Official determines to be disorderly, careless or incompetent or to be employed in violation of the terms of this Contract.

2.3 City is entitled to ownership and possession of all deliverables purchased or developed with Contract funds. All work papers, reports, questionnaires and other written materials prepared or collected by the Contractor in the course of completing the work to be performed under this Contract shall at all times be the exclusive property of the City. The Contractor shall not use such materials for any purposes other than the purpose of this Contract without the prior written consent of the Official. All Contractor proprietary rights shall be detailed in the Contract Documents.

2.4 Prior to beginning performance under this Contract, Contractor must receive a Purchase Order from City.

ARTICLE 3 -- ACCEPTANCE OF GOODS OR SERVICES:

3.1 Performance under this Contract shall include services rendered, obligations due, costs incurred, goods and deliverables provided and accepted by City.

The City shall have a reasonable opportunity to inspect all goods and deliverables, services performed by, and work product of the Contractor, and accept or reject such goods, deliverables, services, or work product.

ARTICLE 4 -- TIME:

4.1 It is understood and agreed that Contractor’s performance shall be timely and meet or exceed industry standards for the performance required.

ARTICLE 5 -- COMPENSATION:

5.1 The Contractor may, in the absence of a payment schedule, periodically submit to the Official invoices, itemizing goods, services, labor and expenses for which compensation is due and requesting payment for goods received or services rendered by the Contractor during the period covered by the invoice.

5.2 Thereupon the Official shall estimate the value of goods or services accepted by the City in accordance with the specific terms and conditions of a Contract, and City shall pay to the Contractor such amount less sums retained under the provisions of Article 8 of these General Conditions.

5.3 The City shall pay in full and complete compensation for goods received and accepted and services performed and accepted under this Contract in an amount not to exceed the amount shown on the face of this Contract paid in accordance with the rate indicated or in accordance with a prescribed schedule.

Acceptance by the Contractor of any payment or partial payment, without any written objection by the Contractor, shall in each instance operate as a release and discharge of the City from all claims, liabilities or other obligations relating to the performance of a Contract.

5.4 In the event that this Contract provides for reimbursement by the City to the Contractor for travel or other expenses, the Contractor shall submit such proposed expenses to the Official for approval prior to the incurrence of such expenses, unless the Contract specifically provides otherwise, and all travel reimbursement shall be consistent with the City’s Travel Policies and Procedures.

5.5 The Contractor shall furnish such information, estimate or vouchers relating to the goods or services or to documentation of labor or expenses as may be requested by the Official.

ARTICLE 6 -- RELATIONSHIP WITH THE CITY

6.1 The Contractor is retained solely for the purposes of and to the extent set forth in this Contract. Contractor's relationship to the City during the term of this Contract shall be that of an independent Contractor. The Contractor shall have no capacity to involve the City in any contract nor to incur any liability on the part of the City. The Contractor, its agents or employees shall not be considered as having the status or pension rights of an employee; provided that the Contractor shall be considered an employee for the purpose of General Laws c. 268A (the Conflict of Interest Law). The City shall not be liable for any personal injury to or death of the Contractor, its agents or employees.

6.2 Unless all the terms and conditions for the delivery or provision of goods or services by the Contractor to the City specified by this Contract are expressly set forth in a writing incorporated herein by reference, such delivery of goods or services shall require written approval of or direction by the Official prior to the incurrence of any liability by the City. The City has no legal obligation to compensate a Contractor for performance that is not requested and is intentionally delivered by a Contractor outside the scope of a Contract.

6.3 All alterations or additions, material or otherwise, to the terms and conditions of this Contract must be in writing and signed by the Official and Contractor and filed with the City Auditor. The City’s Standard Contract Document and Standard Contract General Conditions shall supersede any conflicting verbal or written agreements relating to the performance of a Contract, including contract forms, purchase orders, or invoices of the Contractor.

6.4 Forbearance or indulgence in any form or manner by a party shall not be construed as a waiver, nor in any way 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.

ARTICLE 7 -- ASSUMPTION OF LOSS AND LIABILITY:

7.1 The Contractor shall pay and be exclusively responsible for all debts for labor and material contracted for by Contractor for the rental of any appliance or equipment hired by Contractor and/or for any expense incurred on account of services to be performed under this Contract.

7.2 The Contractor shall bear the risk of loss for any Contractor materials used for a Contract and for all goods and deliverables, until possession, ownership and full legal title to the goods and deliverables are transferred to and accepted by the City.

7.3 To the fullest extent permitted by law, the Contractor shall indemnify, hold harmless, and assume the defense of the City, its officers, agents or employees, with counsel acceptable to City, which acceptance shall not be unreasonably withheld, from all liabilities, suits, claims, losses, and costs or any other damages against them or any of them arising from any act or omission of the Contractor, its agents, officers, employees, or subcontractors in any way connected with performance under this Contract.

ARTICLE 8 -- REMEDIES OF THE CITY:

8.1 If the Contractor provides goods and/or services that do not comply with Contract specifications and requirements as reasonably determined by the Official, the Official may request that the Contractor refurnish services or provide substitute goods at no additional cost to the City until approved by the Official. If the Contractor shall fail to provide satisfactory goods or services, the Official, in the alternative, may make any reasonable purchase or Contract to purchase goods or services in substitution for those due from the Contractor. The City may deduct the cost of any substitute Contract or nonperformance of services together with incidental and consequential damages from the Contract price and shall withhold such damages from sums due or to become due to the Contractor. The City otherwise retains all rights and remedies at law or in equity.

8.2 If the damages sustained by the City as determined by the Official exceed sums due or to become due, the Contractor shall pay the difference to the City upon demand.

8.3 The Contractor shall not be liable for any damages sustained by the City due to the Contractor's failure to furnish goods or services under the terms of this Contract if such failure is in fact caused by the occurrence of a contingency the nonoccurrence of which was a basic assumption under which this Contract was made, including but not necessarily limited to a state of war, act of enemies, embargoes, expropriation or labor strike or any unanticipated federal, state, or municipal governmental regulation or order, provided that the Contractor has notified the Official in writing of such cause as soon as practicable.

8.4 The City may terminate this Contract for cause if the Contractor has breached any material term or condition and has not corrected the breach within a reasonable period of time after written notice from the City identifying the breach. This Contract may be terminated at any time for the convenience of the City at the option of the Official by delivering or mailing to the Contractor at the Contractor's business address a written notice of termination setting forth the date, not less than seven (7) days after the date of such delivery or mailing, when such termination shall be effective. In the event of such termination for convenience, the Contractor shall be compensated for services rendered to the effective date of said termination in accordance with the rates of compensation specified in this Contract. The parties agree that if City erroneously, improperly or unjustifiably terminates for cause, such termination shall be deemed a termination for convenience, which shall be effective thirty (30) days after such notice of termination for cause is provided.

ARTICLE 9 -- REMEDIES OF CONTRACTOR:

9.1 If damages, other than loss on nonconforming services or on services not performed, are actually sustained by the Contractor due to any act or material omission for which the City is legally responsible, the City may allow a sum equal to the amount of such damages sustained by the Contractor as determined by the Official in writing, provided the Contractor shall have delivered to the Official a detailed written statement of such damages and cause thereof within thirty (30) days after the act or material omission by the City.

ARTICLE 10 -- PROHIBITION AGAINST ASSIGNMENT:

10.1 The Contractor shall not assign, delegate, subcontract or in any way transfer any interest in this Contract without prior written consent of the Official.

ARTICLE 11 -- COMPLIANCE WITH LAWS AND PUBLIC POLICY:

11.1 This Contract is made subject to all laws of the Commonwealth of Massachusetts. 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.

11.2 The Contractor shall provide, at its sole expense, all necessary licenses, permits or other authorizations required by the City, the Commonwealth of Massachusetts or any other governmental agency with proper jurisdiction.

11.3 The Contractor shall where applicable take out and maintain during the term of this Contract such Worker's Compensation insurance as may be reasonably necessary to protect the Contractor from claims under General Laws c. 152 (the Worker's Compensation Law). The Contractor shall at all times maintain professional, liability, and other appropriate insurance as required by the solicitation or as otherwise required by City, but in no event less than the amount and type of insurance coverage sufficient to cover the performance.

11.4 The Contractor agrees and shall require any subcontractor to agree not to discriminate in connection with the performance of work under the Contract against any employee or applicant for employment because of sex, race, color, sexual orientation, gender identity or expression, marital status, parental status, ex-offender status, prior psychiatric treatment, military status, religious creed, disability, national origin, ancestry, source of income, or age, unless based upon a legally permissible and bona fide occupational qualification. The Contractor agrees and shall require any subcontractor to agree to post in conspicuous places notices to be provided by the Massachusetts Commission Against Discrimination, setting forth provisions of the Fair Employment Practice Law of the Commonwealth.

11.5 The Contractor’s attention is called to General Laws c. 268A (the Conflict of Interest Law). The Contractor shall not act in collusion with any City officer, agent, or employee, nor shall the Contractor make gifts regarding this Contract or any other matter in which the City has a direct and substantial interest.

11.6 The Contractor shall keep himself fully informed of all City Ordinances and Regulations, and State and Federal laws, which in any manner affect the work herein specified. The Contractor shall at all times observe and comply with said ordinances, regulations or laws, and shall defend, hold harmless, and indemnify the City, its officers, agents and employees against any claim or liability arising from or based on the violations of such ordinances, regulations or laws, caused by the negligent actions or omissions of the Contractor, its agents, or employees.

11.7 In furtherance of the Mayor’s Executive Order “Minority and Women Business Enterprise Development” dated December 31, 1987 and the Ordinance entitled “Promoting Minority and Women Owned Business Enterprises in the City of Boston” (City of Boston, Chapter IV, Section 4-4), it is understood and agreed by the Contractor, and the Contractor by the execution of this Contract so certifies, as follows: (1) That the Contractor shall actively solicit bids for the subcontracting of goods and services from certified minority and women businesses; (2) That in reviewing substantially equal proposals the Contractor shall give additional consideration to the award of subcontracts to certified minority and women bidders.

11.8 The Contractor certifies that neither it nor any of its subcontractors are currently debarred or suspended by the U.S. government, the Commonwealth of Massachusetts, or any of its subdivisions.

11.9 The Contractor certifies that neither it nor any of its subcontractors have been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c149, c151, or the Fair Labor Standards Act within three (3) years prior to the date of the Contract; or certifies that it has provided copies of any and all of the above to the Official prior to the date of the Contract and any required wage bond or insurance; and certifies that while the Contract is in effect, it will report any instance of the above to the Official within five (5) days of Contractor’s receipt. The Contractor agrees and shall require any subcontractor to post in conspicuous places notices to be provided by the City, informing employees of the protections of applicable local, state, and federal law.

11.10 Contractor agrees that they shall comply fully with all state and federal laws and regulations regarding human trafficking and forced labor. Failure to do so will be considered a breach of this Contract.

11.11 If applicable, as determined by the Massachusetts Department of Labor Standards, the Contractor shall comply with the Massachusetts Prevailing Wage Law (M.G.L. c. 149, s.26, -27H) for public works projects, which establishes minimum wage rates for workers on such projects. The Contractor shall comply and shall cause its subcontractors to comply with M.G.L. c. 149, s. 27B, which requires that a true and accurate record be kept of all persons employed on a project for which the prevailing wage rates are required. The Contractor shall, and shall cause its subcontractors to, submit weekly copies of their weekly payroll records to the City, to the extent the Prevailing Wage Law is applicable.

ARTICLE 12 -- AVAILABLE APPROPRIATION:

12.1 This Contract and payments hereunder are subject to the availability of an appropriation therefor. Any oral or written representations, commitments, or assurances made by the Official or any other City representatives are not binding. Contractors should verify funding prior to beginning performance.

12.2 If the Contract is funded under a grant with the Federal Government, it is being executed without further appropriation pursuant to General Laws c. 44, s.53A.

12.3 When the amount of the City Auditor’s certification of available funds is less than the face amount of the Contract, the City shall not be liable for any claims or requests for payment by the Contractor which would cause total claims or payments under this Contract to exceed the amount so certified.

12.4 Unless otherwise expressly provided in a writing incorporated herein by reference, the amount certified by the City Auditor as available funds under this Contract may be increased or decreased by the Official with the written approval of such change by the City Auditor. In the event of any decrease in the amount certified, the Contractor shall be compensated for services rendered to the effective date of such reduction, in accordance with the rates of compensation specified in this Contract.

ARTICLE 13 -- RELEASE OF CITY ON FINAL PAYMENT:

13.1 Acceptance by the Contractor of payment from the City for final services under this Contract shall be deemed to release forever the City from all claims and liabilities, except those which the Contractor notifies the Official in writing within six (6) months after such payment.

ARTICLE 14 -- PUBLIC RECORDS AND ACCESS

14.1 The Contractor shall provide full access to records related to performance and compliance to the City for seven (7) years beginning on the first day after the final payment under this Contract or such longer period necessary for the resolution of any litigation, claim, negotiation, audit or other inquiry involving this Contract. Access to view Contractor records related to any breach or allegation of fraud, waste and/or abuse may not be denied and Contractor cannot claim confidentiality or trade secret protections solely for viewing but not retaining documents. Routine Contract performance compliance reports or documents related to any alleged breach or allegation of non-compliance, fraud, waste, abuse or collusion may be provided electronically and shall be provided at Contractor’s own expense. Reasonable costs for copies of non-routine Contract related records shall not exceed the rates for public records under 950 C.M.R. 32.00.

ARTICLE 15 -- STATE TAXATION CERTIFICATION:

15.1 Pursuant to M.G.L. c. 62C, s. 49A, the Contractor certifies under penalties of perjury, that to the best of Contractor’s knowledge and belief, Contractor has complied with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting of child support.

(NOTE: The Taxpayer Identification Number will be furnished to the Massachusetts Department of Revenue to determine compliance with the above-referenced law).

ARTICLE 16 -- MONIES OWED TO THE CITY:

16.1 Pursuant to M.G.L. c. 60, s. 93, the Contractor agrees that the Collector/Treasurer of the City of Boston may withhold from amounts owing and payable to the Contractor under this Contract any sums owed to any department or agency of the City of Boston which remain wholly or partially unpaid. This shall include but not be limited to unpaid taxes and assessments, police details, and any other fees and charges until such sums owed have been paid in full, and the Collector/Treasurer may apply any amount owing and payable to the Contractor to satisfy any monies owed to the City.

ARTICLE 17 -- BID COLLUSION:

17.1 The Contractor certifies under penalties of perjury that his/her bid or proposal has been made and submitted in good faith and without collusion, fraud, or unfair trade practice with any other person. As used in this article, the word "person" shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity or group of individuals. Any actions to avoid or frustrate fair and open competition are prohibited by law, and shall be grounds for rejection or disqualification of a Response or termination of this Contract.

ARTICLE 18 -- FORUM AND CHOICE OF LAW:

18.1 Any actions arising out of this Contract shall be governed by the laws of Massachusetts, and shall be brought and maintained in a State or federal court in Boston, Massachusetts which shall have exclusive jurisdiction thereof.

Approved as to form by Corporation Counsel September 2017

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CERTIFICATE OF AUTHORITY

Published May 2025

CM-06

INSTRUCTIONS

Corporations must complete this form and indicate the individual legally authorized to sign contracts on behalf of the corporation. The individual signing this form must be the clerk or secretary for the corporation as authorized by the corporation’s filings made with the Secretary of the Commonwealth, not the authorized contract signer.

REQUIRED CERTIFICATION

At a meeting of the Directors of the Name of Corporation duly called and held at Location of Meeting on Date of Meeting at which a quorum was present and acting, it was VOTED, that Name of Authorized

Individual the Position of Authorized

Individual of this corporation is hereby authorized and empowered to make, enter into, sign, seal and deliver in behalf of this corporation a contract for

Description of Service with the City of Boston, and a performance bond in connection with said contract.

I do hereby certify that the above is a true and correct copy of the record that said vote has not been amended or repealed and is in full force and effect as of this date, and that the authorized individual named herein is duly elected by this corporation.

Attest:

Name of Corporation Clerk or Secretary

Signature

Current Date

APPROVED AS TO FORM BY CORPORATION COUNSEL APRIL, 2025

THIS FORM IS VOID AND WITHOUT LEGAL EFFECT IF ALTERED IN ANY WAY

Affix Corporate Seal Here

CORI COMPLIANCE CERTIFICATION

CM-15A

The City of Boston is subject to City of Boston Code, Chapter 4, section 7, which is intended to ensure that persons and businesses supplying goods and/or services to the City of Boston deploy fair policies relating to the screening and identification of person with criminal backgrounds through the CORI system.

INSTRUCTIONS

Vendors entering into contracts with the City must affirm that their policies regarding CORI information are consistent with the standards set by the City of Boston.

• A Vendor should not check Line 1 unless it performs NO CORI checks on ANY applicant.

• A Vendor who checks Lines 2 certifies that the Vendor’s CORI policy conforms to the standards set forth in Form CM-15B.

• A Vendor with a CORI policy that does NOT conform to the standards set forth on Form CM-15B must check Line 3.

o Vendors who check Line 3 will not be permitted to enter into contracts with the City, absent a waiver, as provided for in CBC 4-7.4.

o For any waiver to be granted, a completed Form CM-15C must be completed by the awarding authority and attached hereto.

o NOTE: The Awarding Authority may grant a waiver of CBC 4-7.3 under exigent circumstance on a contract by contract basis.

CERTIFICATION

The undersigned certifies under penalties of perjury that the vendor is in compliance with the provisions of City of Boston Code, Chapter 4, section 7, as currently in effect.

1 CORI checks are not performed on any Applicants. All Vendors must check one option.

2 CORI checks are performed on some or all Applicants. The Vendor, by affixing a signature below, affirms under penalties of perjury that its CORI policy is consistent with the standards set forth on the attached Form CM-15B.

3 CORI checks are performed on some or all Applicants. The Vendor’s CORI policy is not consistent with the standards set forth on the attached Form CM-15B (a copy of the Vendor’s written CORI policy must accompany this form).

Name of person signing quotation, bid, or proposal

Name of Business

Signature

APPROVED AS TO FORM BY CORPORATION COUNSEL APRIL, 2025

CORI COMPLIANCE STANDARDS

CM-15B

By checking line 2 on the foregoing Form CM-15A, the Vendor affirms that its CORI-related policies, practices, and standards are consistent with the following standards:

1 The Vendor does not conduct a CORI check on an Applicant unless a CORI check is required by law or the Vendor has made a good faith determination that the relevant position is of such sensitivity that a CORI report is warranted.

2 The Vendor reviews the qualifications of an Applicant and determines that an Applicant is otherwise qualified for the relevant position before the Vendor conducts a CORI check. The Vendor does not conduct a CORI check for an Applicant that is not otherwise qualified for a relevant position.

3 If the Vendor has been authorized by the MDCJIS to receive CORI reports consisting solely of conviction and case-pending information and the CORI report received by the Vendor contains other information (i.e. cases disposed favorably for the Applicant such as Not Guilty, Dismissal) then the Vendor informs the Applicant and provides the Applicant with a copy of MDCJIS’ information for the Applicant to pursue correction.

4 When the Vendor receives a proper CORI report of an Applicant that contains only the CORI information that the Vendor is authorized to receive and the Vendor is inclined to question an applicant about their criminal history, or refuse, rescind, or revoke the offer of a position to an Applicant, then the Vendor complies with this section by, including, but not limited to, notifying the Applicant of the potential adverse employment action, providing the Applicant with a photocopy of the CORI report received by the Vendor, informing the Applicant of the specific parts of the CORI report that concern the Vendor, providing an opportunity for the Applicant to discuss the CORI report with the Vendor including an opportunity for the Applicant to present information rebutting the accuracy and/or relevance of the CORI report, reviewing any information and documentation received from the Applicant, and documenting all steps taken to comply with 803 CMR 2.17.

5 The Vendor makes final employment-related decisions based on all of the information available to the Vendor, including the seriousness of the crime(s), the relevance of the crime(s), the age of the crime(s), and the occurrences in the life of the Applicant since the crime(s). If the final decision of the Vendor is adverse to the Applicant and results in the refusal, rescission, or revocation of a position with the Vendor then the Vendor promptly notifies the Applicant of the decision and the specific reasons therefor. Nothing in these requirements modifies or affects a Vendor’s obligation to comply with Massachusetts or federal laws regarding CORI.

WAGE THEFT PREVENTION

CM-16

The City of Boston has established requirements for City contracts in an effort to prevent wage theft.

Prospective vendors must provide the following certifications or disclosures with their bids/proposals. Failure to provide the following shall result in rejection of the bid/proposal.

INSTRUCTIONS

A vendor must check box 1 or box 2 as applicable and must sign this form, certifying compliance with the requirements set out in this Form. This form must be included with the bid or proposal, and for multi-year contracts must be completed annually on the contract anniversary.

Pursuant to the above mentioned Executive Order, vendors who have been awarded a contract with the City of Boston must post the Massachusetts Wage and Hour Laws notice informing employees of the protections of G.L. c. 149, c. 151, and the Fair Labor Standards Act in conspicuous places.

This notice can be found at: mass.gov/ago/docs/workplace/wage/wagehourposter.pdf

CERTIFICATION

The undersigned certifies under penalties of perjury that the vendor is in compliance with the provisions of the Executive Order titled “Establishing Requirements for City Contracts in an Effort to Prevent Wage Theft,” as currently in effect.

1 Neither this firm nor any subcontractor has been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c149, c151, or the Fair Labor Standards Act within three

(3) years prior to the date of this bid/proposal submission.

Select one statement to certify, as applicable.

2 This firm, or a subcontractor of this firm, has been subject to a federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c149, c151, or the Fair Labor Standards Act within three

(3) years prior to the date of this bid/proposal submission and such documentation is included in the bid/proposal submission.

3 Any federal or state criminal or civil judgment, administrative citation, final administrative determination, order or debarment resulting from a violation of G.L. c149, c151, or the Fair Labor Standards Act imposed while any bid/proposal is pending and, if awarded a contract, during the term of the contract, will be reported to the Official within five (5) days of receiving notice.

All vendors must certify.

WAGE THEFT PREVENTION

CM-16

4 Vendors awarded a contract that have disclosed a federal or state criminal or civil judgment, administrative citation, final administrative determination, or order resulting from a violation of G.L. c149, c151, or the Fair Labor Standards Act within three (3) years prior to the date of this bid/proposal, or during the term of the contract and through the contract term shall furnish their monthly certified payrolls to the Official for all employees working on such contract and may be required to obtain a wage bond or other suitable insurance in an amount equal to the aggregate of one year’s gross wages for all employees. Vendors subject to a state or federal debarment for violation of the above laws or prohibited from contracting with the Commonwealth are prohibited from contracting with the City, and upon a finding or order of debarment or prohibition, the City may terminate the contract.

All vendors must certify.

5 Notice provided by the City, informing employees of the protections of the Order and applicable local, state, and federal law will be posted in conspicuous places.

Name of person signing quotation, bid, or proposal

Name of Business

Signature

Date

BOSTON JOBS, LIVING WAGE, AND

PREVAILING WAGE ORDINANCE

NOTICE TO VENDORS

Published March 2026

WAGE-1

FY 2027

Any City of Boston department that awards a service contract is required to provide an explanation of the requirements of the Boston Jobs, Living Wage, and Prevailing Wage Ordinance (“the Ordinance”). Under the Ordinance, a City department may award either a Covered Service Contract or Covered Building Service Contract.

Depending on the contract, you may be either a Covered Vendor or a Covered Building Service Vendor:

● Covered Service Contract: any contract of at least twenty-five thousand ($25,000.00) dollars or more awarded to a vendor by the City for the furnishing of services to or for the City.

o Covered Vendor: any for-profit employer or any not-for-profit employer that employs at least twenty-five (25) FTE's company-wide and that has been awarded a service contract or service subcontract of $25,000 or more from the City of Boston.

● Covered Building Service Contract: a contract or subcontract to provide building services to the City of Boston (regardless of contract size or number of employees). This work includes work performed in connection with the cleaning and maintenance of buildings and security guard services.

o Covered Building Service Vendor: an employer providing building services as contemplated under the Ordinance to the City of Boston through a contract or subcontract (regardless of contract size or number of employees).

If you are a Covered Vendor, you are required to pay employees covered by the contract no less than the living wage amount of $19.36 per hour starting July 1, 2026 (regardless of geographic location); this amount is subject to change each July.

If you are a Covered Building Service Vendor, you are required to pay employees covered by the contract no less than standard compensation. The wage schedule to determine standard compensation will be provided to you by the City department awarding the contract; this amount will be updated on the anniversary of the contract execution.

Covered Vendors and Covered Building Service Vendors have other obligations under the Ordinance, which include:

● the completion of the Boston Jobs, Living Wage, and Prevailing Wage Ordinance Vendor Agreement (Form

Wage-2),

● the completion of quarterly reports (Form Wage-9),

● the completion of the First Source Hiring Agreement (Form Wage-10),

● the maintenance and reporting of payroll records and site visits,

● providing information to employees regarding possible eligibility for the State and/or

Federal Earned Income Tax Credit (https://www.irs.gov/credits-deductions/individuals/earned-income-tax-credit-eitc); and

● other obligations as required by the Ordinance.

You can find the Ordinance and requirements for Covered Vendors and Covered Building Service Vendors in the City Municipal Code and at boston.gov/living-wage. To request a hard copy of the Ordinance, please reach out to the Office of Labor Compliance and Worker Protections by calling (617) 918-5236 or emailing workers@boston.gov.

Covered Service Vendors or Covered Building Service Vendors shall forward a copy of the Ordinance requirements to any subcontractors.

The Office of Labor Compliance and Worker Protections of the Worker Empowerment Cabinet is the City’s Designated Department responsible for the overall implementation, compliance, and enforcement of the Ordinance. The Contracting Department is the agency awarding the contract.

Any questions concerning the Ordinance, regulations, or the current living wage hourly rate should be referred to the Office of Labor Compliance and Worker Protections. The Office of Labor Compliance and Worker Protections is located at 43 Hawkins Street, Boston, MA 02114 and can be reached at (617) 918-5236.

https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-15515 https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-15554#JD_24-1 http://boston.gov/living-wage

THE BOSTON JOBS, LIVING WAGE, AND

PREVAILING WAGE ORDINANCE

VENDOR AGREEMENT

WAGE-2

FY 2027

At the same time the City of Boston (the “City”) awards a service contract, the vendor must complete this form and submit it to the City, agreeing to pay at least the annual living wage ($19.36 per hour) or standard compensation associated with the contract in accordance with the Boston Jobs, Living Wage, and Prevailing Wage Ordinance (the “Ordinance”).

INSTRUCTIONS

Please print in ink or type all required information. No service contract will be executed until this agreement is completed, signed, and submitted to the City department awarding the contract.

Assistance in completing this form may be obtained by calling the Office of Labor Compliance and Worker Protections, which is located at 43 Hawkins Street, Boston, MA 02114 and can be reached at

(617) 918-5236.

PART 1. VENDOR INFORMATION

Vendor Name

Contact Name

Vendor Address

Contact Phone

Contact Email

PART 2. CONTRACT INFORMATION

Name of Program/Project

City Contracting Department

Contract Amount

Contract Start Date

Contract End Date https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-15515 https://codelibrary.amlegal.com/codes/boston/latest/boston_ma/0-0-0-15515

PART 2B. ADDITIONAL LIVING WAGE INFORMATION

Total Number of “FTE” employees company-wide

(Full-time and combined part time) Example: 24 full-time staff + 2 part-time staff working 20hrs per week = 25 FTEs

Total Number of individual employees who will be assigned to work on the above contract

Do you plan to hire additional employees to perform work on the above contract?

If yes, how many additional FTEs do you plan to hire?

PART 2C. VENDOR TYPE DETERMINATION

Please select one option below to indicate the type of contract you have been awarded and then review and complete the corresponding parts of the form:

Service Contracts of $25,000 or More

25 or more Company-Wide FTE Employees (a “Covered Vendor”)

Company-wide “FTE” employees equals 25 or more ( full-time and combined part-time)

Review and Complete the following: Part 3 Part 3A Part 4 Part 5 Part 6 Part 7

Less than 25 Company-Wide FTE Employees

Company-wide “FTE” employees equals 24 or less ( full-time and combined part-time)

Review and Complete the following: Part 7

Building Service Contracts (a “Covered Building Service Vendor”) or Leases (a “Covered Lessee” or “Covered Lessor”)

Any employer providing building services, including cleaning and maintenance of buildings and security guard services, to the City of Boston through a contract or subcontract (regardless of contract size or number of employees), or any non-governmental person or entity that (1) contracts for, leases, or rents space from the City, or (2) enters into a Covered Lease.1

Review and Complete the following: Part 3 Part 3B Part 4 Part 5 Part 6 Part 7

1 Any agreement whereby the City contracts for, leases, or rents commercial office space or commercial office facilities from a non-governmental entity provided the City, whether through a single agreement or multiple agreements, rents no less than 51% of the total square footage of the buildings to which the lease applies. If this is not a Covered Lease, only fill out Part 7 of the form.

PART 3. WORKFORCE PROFILE OF EMPLOYEES WORKING ON THE CONTRACT

Total number of employees

Number of employees who are Boston residents

Number of employees who are minorities

Number of employees who are women

PART 3A. COVERED VENDORS MUST COMPLETE THIS SECTION OF THE FORM

List all of the covered employees’ job titles with wage ranges (use additional sheets of paper if necessary).

Identify the number of covered employees in each wage range. Remember, covered employees are only those employees that expend work hours on the contract. Additionally, all covered employees MUST be paid at least $19.36/hr for hours worked on this contract. This applies regardless of geographic location of the vendor or employee.

Job Title Wage Ranges

PART 3B. COVERED BUILDING SERVICE VENDORS MUST COMPLETE THIS SECTION OF

THE FORM

List all of the covered building service employees’ job titles and standard compensation (use additional sheets of paper if necessary). Identify the number of covered building service employees in each prevailing wage classification. Remember, covered building service employees are only those employees that expend work hours on the contract. *When calculating standard compensation, all covered building service employees MUST be paid at least the living wage amount of $18.78 or their standard hourly rate.

Job Title *Standard Hourly Rate

Paid Leave

Health ($) Other Benefits

Standard Compensation

Anticipated Hours on Contract

PART 4. SUBCONTRACTS

List all service subcontracts either awarded or that will be awarded to vendors with funds from the contract.

NOTE

Any Covered Vendor awarded a service contract must notify the contracting department and the Office Labor Compliance and Worker Protections within three (3) working days of signing a service contract with a vendor. Subcontractors working on the service contract are required to comply with the requirements of the ordinance.

Subcontractor Name Address Phone & Email Subcontract Amount

PART 5. VENDOR’S PAST EFFORTS & FUTURE GOALS

Use additional sheets of paper if necessary in answering these questions.

Describe your past efforts and future goals to train covered employees.

Describe the potential for advancement and raises for covered employees.

Describe your past efforts and future goals to hire low and moderate income Boston Residents.

PART 6. REQUESTING AN EXEMPTION OR WAIVER FROM THE ORDINANCE

NOTE

Unless you receive written confirmation from the Office of Labor Compliance and Worker Protections approving your exemption request or general waiver, you remain covered by the Boston Jobs, Living Wage, and Prevailing Wage Ordinance.

Requesting an Exemption

Any vendor who qualifies may request one of the four categories of exemptions from the provisions of the Ordinance by completing the section below. Attach any pertinent documents to this application to prove that you are exempt from the Ordinance. Note, exemptions do not apply to building service contracts nor leases.

Please check the appropriate box(es) below indicating the category of your exemption request.

Construction contract awarded by the City of Boston and is subject to the state prevailing wage law;

Contract awarded to a youth program, provided that the contract is for stipends to youth in the program.

“Youth Program” means any city, state, or federally funded program which employs youth, as defined by city, state, or federal guidelines, during the summer, or as part of a school to work program, or in other related seasonal or part time program;

Contract awarded to a work-study or cooperative educational program, provided that the contract is for stipends to students in the program; or

Contract awarded to a vendor who provide services to the City and is awarded to a vendor who provides trainees with a stipend or wage as part of a job training program and provides the trainees with additional services, which may include but are not limited to room and board, case management, and job readiness services, and provided further that the trainees do not replace current City-funded positions.

Please give a full statement describing in detail which of the four exemptions applies to your contract and the reasons your contract is exempt from the Ordinance (attach additional sheets if necessary).

What is the net increase and decrease in the number of jobs or jobs maintained by classification that will result from the awarding of this service contract?

Requesting a General Waiver

I hereby request a general waiver from Ordinance. The application of the Ordinance to my contract violates the following State or Federal statutory, regulatory or constitutional provision(s):

Please give a full statement describing in detail the reasons the specific State or Federal statutory, regulatory or constitutional provision(s) makes compliance with the Ordinance unlawful (attach additional sheets if necessary). Please attach a copy of the conflicting statutory, regulatory or constitutional provision(s).

PART 7. VENDOR AFFIDAVIT

I, the undersigned, a principal officer of the Covered Vendor/Covered Building Service Vendor certify, swear, and affirm that the information provided on this Boston Jobs, Living Wage, and Prevailing Wage Ordinance Vendor Agreement is true, within my own personal knowledge and belief, and consistent with the Ordinance.

Signed under the pains and penalties of perjury.

Signature

Date

Name

Title

APPROVED AS TO FORM BY CORPORATION COUNSEL, MARCH 20, 2026