Project Monitoring Responsibilities

The Board shall monitor Approved Projects by conducting such activities as the Board deems appropriate, which activities shall include one or more of the following: (a) periodic site visits; (b) review of annual reports submitted by the Agency under 810 CMR 2.08(2) and annual independent audits submitted by the Agency if such audits were required by the Board; and (c) periodic review of the public purposes set forth in the Project Proposal and compliance with any terms and conditions of the Project approval. Each Agency with an Approved Project shall file an annual report on the progress and performance of the Project for review by the Board. Said report shall be filed within 90 days of the end of each Fiscal year. Said report shall be signed by the individual identified pursuant to 810 CMR 2.06(2)(i) as responsible for Project implementation and shall include: (a) a review of the planned and actual performance of the Project for each of the items included in the Project Proposal under the provisions of 810 CMR 2.06(2)(a); (b) an explanation of any deviations between the planned and actual performance; (c) identification of any modifications in the Project anticipated to be necessary and the reasons therefor; and (d) identification of the parties to any contract awarded pursuant to the Project authorization, together with the value and term of the contract. The Board shall review the annual reports and other materials submitted pursuant to 810 CMR 2.08. The Board shall also notify the Agency of any specific respects in which the report does not comply with requirements of this 810 CMR 2.08(2) and any specific approvals voted by the Board, and may require an Agency to submit additional information. An Agency shall promptly report to the Board any change in the identification of the individual identified pursuant to 810 CMR 2.06(2)(i) as responsible for Project implementation. (5) All Agencies shall cooperate with the Board and its staff in its Project monitoring activities. (6) Any agreement executed to implement a Approved Project shall contain provisions granting the Board reasonable access to records and information necessary to adequately monitor the Project. For any Approved Project which includes one or more Contracts, the proposing Agency shall be responsible for obtaining information from any private individual or entity necessary for the Board to fulfill its monitoring obligations under 810 CMR 2.08. The failure of the proposing Agency or of the Board to fulfill its monitoring obligations hereunder shall not affect the rights of any private party under any such Contract. Every Contract shall specify that the failure of any private individual or entity upon written request to provide the Board or Agency material information necessary to permit the Board to fulfill its monitoring obligations pursuant to 810 CMR 2.08 shall be deemed a material breach of the private individual or entity's obligations under the Contract and may constitute grounds for termination of the Contract by the Commonwealth.