801 CMR: EXECUTIVE OFFICE FOR ADMINISTRATION AND FINANCE
801 CMR 27.00: ASSISTING CITIES AND TOWNS IN THE COMMONWEALTH IN FINANCING THE CONSTRUCTION, RECONSTRUCTION REHABILITATION AND EXPANSION OF FACILITIES FOR CIVIC AND CONVENTION CENTERS AND EXHIBITION HALLS
27.01: Purpose and Authority
The purpose of the program is to assist cities and towns or consortiums of contiguous cities, towns or any combination thereof in undertaking any project to acquire land, and buildings thereon, to construct, reconstruct, rehabilitate, finish or expand facilities for use as municipal civic or convention centers or exhibition halls without acceptance by the Commonwealth of responsibility for maintenance.
801 CMR 27.00 is promulgated in accordance with M.G.L. c. 30A under the authority accorded the Executive Office for Administration and Finance under M.G.L. c. 7, § 4 and as initially mandated in St. 1980, c. 486.
Bonds & Notes - shall mean bonds and notes issued by the State Treasurer with the approval of the Governor and designated on their face as Civic & Convention Re-Imbursement Loan Act of 1980 or Exhibition Hall Re-Imbursement Loan Act of 1980 not to exceed $30,000,000, and bonds and notes of a city, town or consortium and designated as Civic & Convention Loan Act or Exhibition Hall Loan Act of 1980.
City, Town, Consortium - shall mean any city or town in the Commonwealth, consortium shall mean contiguous cities and towns or any combination thereof.
Commission - shall mean a body of five persons appointed by a vote of a city or town government to act on behalf of a city or town in carrying out a project. It shall be known as the Civic & Convention Center Commission or the Exhibition Hall Commission. The Commission shall elect chairman and treasurer. A consortium may by vote of a city or town government also appoint a Commission which shall have two members from each community, and a fifth member as provided in 801 CMR 27.03.
Grant Funds - shall mean funds provided to any city, town, or consortium by the Secretary to undertake a project.
Project - shall mean any undertaking to acquire land, including buildings, thereon, to construct, re-construct, rehabilitate, finish or expand facilities for centers and halls.
Secretary - shall mean the Secretary of Administration and Finance.
Special Fund - shall mean the Civic & Convention Center or the Exhibition Hall Fund in which shall be deposited grant funds from the Secretary as well as any money so determined to be deposited by the city, town or consortium.
Treasurer - shall mean the State Treasurer and the treasurer elected by the Commission.
27.03: Application by City, Town, Consortium or Commission
(1) Any city, town, consortium or commission appointed by a city, town, or consortium may apply for grant funds to undertake a project.
(2) A Commission to be known as the Civic & Convention Center Commission or Exhibition Hall Commission appointed by a city or town shall consist of five members who shall annually elect a chairman and a treasurer.
A Commission appointed by a Consortium shall consist of two members from each community within the Consortium who shall annually elect a chairman and treasurer. If only two cities or two towns or a combination of a city or town make up a consortium, then the one with the highest population shall appoint a third member.
(3) Each Commission shall establish a fund to be called a special fund in which to deposit grant funds received from the Commonwealth and any other funds to be used for a project to be expended by the treasurer upon majority vote of the Commission. An annual audit shall be submitted to the director of the Bureau of Accounts and the Secretary.
(4) Each Commission shall employ agents, managers, and employees who may enter into contracts and loans subject to approval as to form by the town counsel or city solicitor and they shall be employees of the city or town. The employees of a Commission appointed by a consortium shall be employees of the municipality designated by the Commission.
27.04: Project Information Requirements
(1) Site Description and Costs
. The City, Town, or Consortium shall provide the Secretary with the following information:
(a) Property location, description, buildings thereon, accessability to the general public.
(b) Current owners, earliest date of purchase projected, how title to be taken.
(c) Residential or commercial tenants, or owners currently thereon, relocation requirements, environmental zoning and licensing applications needed.
(d) Proposed costs for site preparation including demolition of existing structures, grading clearing, surfacing, resurfacing.
(e) An anticipated cost breakdown of all above pre-construction costs, including property purchase price if not already owned, to be expended on project.
(f) Proposed cost for actual construction of a new facility.
(g) If not a new facility then proposed cost for reconstruction, rehabilitation, finishing or expanding an existing facility or structure.
27.05: Construction Contract Requirements
(1) A standard construction contract proposal shall be submitted to the Secretary clearly indicating the type of work, labor and material the city, town, or consortium is seeking. Only qualified contractors shall be considered by applicants. Performance Bonds shall be required.
(2) Submission of plan, architecutural drawings, blueprints, specifications for the project, site plan, seating capacity, parking facility any related data.
(3) Suggested starting date for project initiation, cost estimates at various stages of construction prior to completion, dates for various stages of completion, projected date for final completion.
(4) The city, town, consortium or commission shall complete an Environmental Notification Form, as indicated by the Massachusetts Environmental Policy Act, 301 CMR 10.00, and file the completed form with the Secretary of Environmental Affairs. As part of said Environmental Notification Form, the grantee shall follow the procedures outlined in 950 CMR 71.00, Procedures to Protect the historic and Archaeological Properties of the Commonwealth, in filing a Notice of Effect to Historic Properties. The Environmental Notification Form and the Notice of Effect, and the responses to these reports by the appropriate executive office shall be submitted to the Secretary.
(5) Other information required shall include:
(a) The total amount of grant funds requested by the Commission, the projected cost of the project, alternate sources of funding to be applied to the project, i.e., federal grant, private investment, municipal bonds sale.
(b) The projected amount of revenue to be generated by the Commission undertaking for the first three years after completion.
(c) The number of people to be employed at the facility on a full time basis, once completed.
(d) The projected increase in revenue for the surrounding area due to an influx in conventions, exhibitions, tourism, trade, etc.
(e) Any significant alterations of preliminary plans and designs, amendments involving new activities, or significant alterations of existing activities that will alter the scope, location, or scale of approved activities, including but not limited to, whenever the cumulative effect of any changes exceeds ten percent of the parking facility award.
(f) Documentation that grant funds provided to the grantee shall be deposited in an interest bearing account, that all interest earned shall be returned to the Commonwealth, and that all excess grant funds shall be returned to the Commonwealth.
(6) All local zoning and licensing ordinances and by-laws shall be followed, including local environmental laws where applicable. The city, town, consortium or commission shall certify that all applicable state laws and regulations have been complied with.
(7) If land or buildings acquired for the purpose of a civic or convention center facility are to be taken by eminent domain, the provisions of M.G.L. c. 79 and M.G.L. c. 80A shall be followed by the city/town/commission/consortium.
27.06: Right of Review
(1) The Secretary shall have full power, and authority at anytime to cancel, rescind or revoke the awarding of grant funds, and to demand forthwith the return in full of any amounts so awarded if a city, town, consortium, a commission appointed by a city, town or consortium, or a contractor engaged by a city, town, consortium, or commission fails, neglects or refuses for any reason to complete the project for which the funds were awarded. The Secretary shall have the right to reject the selected bidder if for any reason he is unacceptable to the Commonwealth. The Secretary shall be empowered with the same authority as stated aforesaid if in his judgement the work performed by a city, town, consortium, commission or contractor is for any reason unsatisfactory and even though there may have been no act or omission sufficient to constitute a breach of 801 CMR 27.00 on the part of a city, town, consortium, commission or contractor.
(2) If a city, town, consortium, commission or a contractor, engaged by a city or town, consortium or commission is unable or unwilling for any reason to carry out one or more terms or provisions of a contract then either or both parties may be held jointly or severably liable by the Secretary on behalf of the Commonwealth for such failure to perform.
The Secretary shall have the right to initiate and make use of all rights and remedies, judicial and non-judicial, in seeking the return of grant funds awarded, including re-imbursement for reasonable expenses incurred, plus interest and attorneys fees if any.
(3) Any changes in the terms or conditions of a contract including extensions of time, waivers or amendments of specific sections or agreements in a contract shall be done only after review and approval by the Secretary.
(4) The Secretary shall have the right to waive, rescind, revoke, cancel or amend one or more of these regulations at any time without notice if in his judgement to do so would be in the best interest of the Commonwealth, a city, town, consortium or commission applying for grant funds or mutually beneficial to both ties.
(5) All applications for grant funds shall be reviewed by the Secretary and a determination made within 45 days from the date of application as to the amount of funds if any to be awarded which shall not in any event exceed 70% of the total projected cost.
27.07: Allocation of Funds
(1) The schedule for allocation of funds and for filing of reports and documentation of previous expenditures shall be tailored to the needs and purposes of the project and shall be contractually agreed upon.
(2) No grant funds shall be released to the grantee until all applicable state and local laws and regulations have been complied with.
(3) Grants shall be awarded in the form of contract grant agreements requiring the signature of a person or persons authorized to sign on behalf of the grantee and authorized to commit the city or town to the contract. The contract grant agreement shall require the city, town, consortium or commission, its employees, contractors, sub-contractors, agents, trustees and officers, to abide by such requirements of state and federal law and other such requirements as may be referred to or contained therein.
(4) Certification by the grantee through the Office of the Mayor, City Council, Selectmen, and Treasurer that the community's 30% funding share is in place and available must be forthcoming prior to the release of any state funds.
(5) A City, town, consortium or commission shall expend its 30% share of project cost prior to requesting release of state grant funds unless it is shown by the grantee, and determined by the Secretary, that this would be detrimental to the design and construction phase of the Project. If such a determination is made, and the grantee is not to expend the full amount of its 30% share prior to requesting release of state grant funds, the specific time of expenditure and use of the grantee's remaining funding share shall be specified in the contractual grant agreement aforementioned.
(6) Acceptance of grant funds by the city, town, consortium or commission, is a contractual acceptance of all the terms, requirements, and conditions of the regulations contained herein. Breach of any terms and/or requirements shall be considered a contractual breach, and be cause for revocation of grant funds.
27.08: State Funding
(1) Bonds & Notes. To meet expenditures for funding the State Treasurer shall upon the request of the Secretary of Administration, with the approval of the Governor issue bonds or notes to an amount specified by the Governor but not exceeding $30,000,000. The bonds or notes shall be designated on their face the words Civic & Convention Center Reimbursement Loan Act of 1980 or Exhibition Hall Reimbursement Loan Act of 1980.
(2) Alternate Funding. For the purpose of paying all or a portion not less than 30% of the total cost of a project any city or town may apply for federal grants and appropriate money raised by taxes or bonds or notes. Such borrowing will require city or town approval.
Such bonds and notes shall bear on their face the words Civic & Convention Loan Act of 1980 or Exhibition Hall Loan Act of 1980.
(3) Bonds and notes issued under this act shall not be included in determining the limit of indebtedness of the city or town as established by law.
801 CMR 27.00:M.G.L. c. 7, § 4; St. 1980, c. 486.