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HomeMy WebLinkAboutContract #: 887 - From: 03-10-2016 To: 06-30-2016 - Riddell-All American - North Andover School DepartmentNORTH ANDOVER SCHOOL DEPARTMENT CONTRACT DATE: MARCH 10, 2016 This Contract is entered into on, or as of, this date by and between the North Andover School Department (the "School"), and Contractor: Address: Telephone Number: Fax Number: Riddell/All American Sports Corp 4230 Paysphere Circle Chicago, IL 60674 This is a Contract for the procurement of the following: Reconditioning and replacement of athletic equipment for the FYI Season 2. The Contract price to be paid to the Contractor by the North Andover School Department is: NTE $20,000.00 for the FY16 school year per quotes 3. Payment will be made as follows: Upon completion of work/delivery of product and in accordance with standard payment practices of the Town of North Andover 4. Definitions: 4.1 Acceptance: All Contracts require proper acceptance of the described goods or services by the North Andover School Department. Proper acceptance shall be understood to include inspection of goods and certification of acceptable performance for services by authorized representatives of the School 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) Instructions to Bidders, Proposal Form, General Conditions, Supplementary General Conditions, General Specifications, Other Specifications included in Project Manual, Drawings, and all Addenda issued during the bidding period. 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. (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 1 4.3 The Contractor: The "other party" to any Contract with the School. 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. 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, 2016, 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 School is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the Town Accountant. In the absence of appropriation, this Contract shall be immediately terminated without liability for damages, penalties or other charges. 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 School may terminate this Contract on seven (7) calendar days notice when in the best interests of the School 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. (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 2 8.2 For Cause. If the Contractor is determined by the School to be in default of any term or condition of this Contract, the School 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 School; 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 School, (iv) failure to promptly re -perform within a reasonable time the services that were rejected by the School 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 Contact, and (viii) failure to comply with any and all requirements of state law and/or regulations, and Town bylaw and/or regulations. 9. The Contractor's Breach and the School'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 North Andover School Department 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 School may keep the whole or any part of the amount for expenses, losses and damages incurred by the School 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. Statutory 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 (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 3 applicable to the Contract, the provisions of the General Laws are incorporated by reference into this Contract, including, but not limited to, the following: General Laws Chapter 30B — Procurement of Goods and Services. General Laws Chapter 30, Sec. 39, et seq: - Public Works Contracts. General Laws 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 performs 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 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 School. 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 North Andover School Department, 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 School 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 School 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. Discrimination (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 4 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 151B (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. 14. Assi ng Ment: Assignment of this Contract is prohibited, unless and only to the extent that assignment is provided for expressly in the Contract documents. 15. Condition of Enforceability Against the School: This Contract is only binding upon, and enforceable against, the School if. (1) the Contract is signed by the School Superintendent 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. 16. Corporate Contractor: If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its Clerk's Certificate 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 North Andover School Department unless and until the Contractor complies with this section. The Contractor, if a foreign corporation, shall comply with the provisions of the General Laws, Chapter 181, Sections 3 and 5, and any Acts and Amendments thereof, and in addition thereto, relating to the appointment of the Commissioner of Corporations as its attorney, shall file with the Commissioner of Corporations a Power of Attorney and duly authenticated copies of its Charter or Certificate of Incorporation; and said Contractor shall comply with all the laws of the Commonwealth. 17. 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. 18. Indemnification: The Contractor shall indemnify, defend and save harmless the School, the Town of North Andover„ the Town's officers, 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) 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, and anyone directly or indirectly employed by any of them or anyone for whose acts any (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 5 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 School for damage to its property caused by the 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, unless the damage is caused by the School's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of the Contractor's indemnification under this contract. 19. 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 Contractor shall indemnify the School for all losses, claims, and actions resulting from the failure to provide the insurance required by this Article. The Contractor shall furnish to the School evidence of such insurance prior to the execution of this Contract before the same shall be binding on the parties thereto, except if specifically waived by the School. 20. 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 School, except as otherwise required by law. The Contractor shall comply with the provisions Chapter 66A of the General Laws of Massachusetts as it 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 School, in the United States or any other country. The School 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 School shall vest in the School at the termination of this Contract. The Contractor shall at all times, during or after termination of this Contract, obtain the prior written approval of the School 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. (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 6 21. Audit, Inspection and Recordkeeping At any time during normal business hours, and as often as the School 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. 22. Payment The School 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 School of the work completed. 23. 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 Agreement, 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. 24. 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. Any and all proceedings or actions relating to subject matter herein shall be brought and maintained in the courts of the Commonwealth or the federal district court sitting in the Commonwealth, which shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. 25. 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 North Andover School by being sent to the School Superintendent, 1600 Osgood, North Andover, Massachusetts 01845. (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 7 26. 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). 27. 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. 28. Supplemental Conditions: The foregoing provisions apply to all contracts to which the North Andover School Department shall be a party. One of the following "Supplements" must be "checked" as applicable to this Contract, shall be attached hereto, and shall in any event apply as the nature of the Contract requires. The Supplement contains additional terms governing the Contract: [ ] GOODS SUPPLEMENT "G" - Applicable to Contracts for the procurement of Goods (governed by the provisions of General Laws Chapter 3013) [ x ] SERVICES SUPPLEMENT "S" - Applicable to Contracts for the procurement of Services (governed by the provisions of General Laws Chapter 3013) [ ] CONSTRUCTION SUPPLEMENT "C" - Applicable to Contracts for Construction (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 8 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 SCHOOL 7 DivisiX/Department Head Contract Manauer THE CONTRACTOR RIDDELL Company Name U/1 3/23/16 School S ptendent Date Signature Date JAMES BRADY, BID DEPT. MGR. Print Name & Title APPROVED AS TO FORM: Town Counsel Date CERTIFICATION AS TO AVAILABILITY OF FUNDS: Town (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 9 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the RIDDELL held on 11/15/99 it was VOTED,THAT JAMES BRADY (Name) of RIDDELL BID DEPARTMENT MANAGER (Officer) be and hereby is authorized to execute contracts and bonds in the name and on behalf of said CORPORATION , and affix its corporate seal hereto; and such execution of any contract or obligation in the name of RIDDELL on its behalf by such officer under seal of JAMES BRADY , shall be valid and binding upon 3/23/2016 I hereby certify that I am the clerk of the above named that JAMES BRADY CORPORATION and is the duly elected officer as above of said CORPORATION , and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. %%` spoRis''-, 3/23/2016 (Date) G _ SEAL ° (Clerk) 1 '•. * ,:gyp . AW ARE (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 10 CERTIFICATIONS CERTIFICATE OF NON -COLLUSION The undersigned certifies under penalties of perjury that this bid or proposal has been made and submitted in good faith and without collusion or fraud with any other person. As used in this certification, the word "person" shall mean natural person, business, partnership, corporation, committee, union, club or other organization, entity, or group of individuals. Signature 6— JAMES BRADY, BID DEPARTMENT MGR. Date MARCH 23, 2016 RIDDELL Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE- Pursuant OMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I JAMES BRADY , authorized signatory for RIDDELL Name of individual Name of contractor do hereby certify under the pains and penalties of perjury that said contractor has complied with all laws of the Commonwealth of Massachusetts, and the Town of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting child support. 161__� MARCH 23, 2016 Sign ture Date (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 11 SUPPLEMENT "S" 1. This form supplements the general provisions of the Contract between the North Andover School Department, and RIDDELL , which Contract is a contract for the procurement of services. "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. Change Orders: Change orders for contracts subject to Massachusetts General laws Chapter 30B may not increase the quantity of services by more than twenty-five (25%) per cent, in compliance with General Laws Chapter 30B, §13. 4. 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), as shall be in force and as amended. 5. Insurance: The Contractor shall obtain and maintain the following insurance: 5.1 Workers Compensation Insurance of the scope and amount required by the laws of the Commonwealth of Massachusetts. 5.2.1 Broad Form Commercial General Liability coverage with limits of at least $1 Million per occurrence and $3 Million aggregate, and which shall cover bodily injury, death, or property damage arising out of the work. 5.3 Automobile Liability Coverage, including coverage for owned, hired, or borrowed vehicles with limits of at least $1 Million per person, and $1 Million per accident. 5.4 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, the School 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. 5.5 All required insurance shall be certified by a duly authorized representative of the insurers on the "MIIA" or "ACORD" Certificate of Insurance form incorporated into and made a part of this agreement. Properly executed certificates signifying adequate coverage in effect for the duration of the contract with renewal certificates issued not less than 30 days prior to expiration of a policy period, must be submitted to the School prior to commencement of this Agreement. (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 12 i , r F 5.6 The School and the Town shall be named as an additional insured on the above referenced liability policies, and the Contractor's insurance shall be the primary coverage. The cost of such insurance, including required endorsements or amendments, shall be the sole responsibility of the Contractor. 6. Indemnification: The Contractor shall indemnify, defend and save harmless the School, the Town, its officers, 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, and 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 School for damage to its property caused by Contractor, its employees, agents, subcontractors or material men, and anyone directly or indirectly 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, unless the damage is caused by the School's gross negligence or willful misconduct. The existence of insurance shall in no way limit the scope of this indemnification. APPROVED AS TO FORM ONLY: 44)ltd' Zd �ii Town Counsel I CERTIFY THAT FUNDS ARE AVAILABLE IN ACCOUNT NO 4'',t Ju Town Acc ntant Date: MARCH 23, 2016 NORTH ANDOVER SCHOOL DEPARTMENT School Supedriendent epartment/Division Hea THE CONTRACTOR: RIDDELL (Rev 5-2007) Contract by and between North Andover School Department and Riddell/All American Sports Page 13 �L� V CERTIFICATE OF LIABILITY INSURANCE D0�101/2015D�) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER MARSH USA INC. 540 W. MADISON CHICAGO, IL 60661 Attn: Chicago.CedRequest@marsh.com I Fax: 212-948.0710 CON ACT AME` PHONE FAX IAIC. No -AIC No): E-MAIL AD R SS: INSURERS AFFORDING COVERAGE NAIC q INSURER A: Zurich American Insurance Company 16535 RIDDEL INSURED BRG SPORTS, LLC INCLUDING RIDDELL AND ALL AMERICAN SPORTS CORPORATION INSURER B : James River Insurance Company 12203 INSURER C : Navigators Insurance Company 42307 INSURER D: AND THE ADDITIONAL SUBSIDIARIES & AFFILIATES AS SHOWN ON THE ATTACHED GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- F—] LOC OTHER: 9801 WEST HIGGINS ROAD, 8TH FLOOR INSURER E: INSURER F: ROSEMONT, IL 60018 rnVFRAC,FS rFRTIFICATF NLIM6ER: CHI -005211186-12 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER MMIDD�YY MMIDDIYYYY POLICY EXP LIMITS A BX X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR X PR00-COMP/OP SUBJECT TO Manashi Mukherjee �lautanti.: `u GLOO179405-00 00056354.2 (PRODUCTS ONLY) 07/01/2015 01/3112015 07101/2016 01131/2016 EACH OCCURRENCE 3 1,000,000 AMAGE TO RERTET_ PREM SES Ea occurrence S 1,000,000 _ MED EXP (Any one person $ 10,000 X 500K/1MM SIR Per OCC PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY ❑ PRO- F—] LOC OTHER: GENERAL AGGREGATE $ 2,000,000 PRODUCTS -COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIREDAUTOS AUTOS BAP 0179407-00 COMPICOLL DED. $1,000 07101/2015 07/01/2016 COMBINED SINGLE LIMIT $ 2,000,000 Ea accident) BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ (Per accident $ C X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE NY15UMR8484731V 07/01/2015 07101/2016 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 DED I X I RETENTION $10,000 $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YN OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA WC 0179406-00 07/0112015 01/01/2016 X STATUTE ETH E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 B EXCESS PRODUCTS 056352-2 01131/2015 01/31/2016 EACH OCCURRENCE 10,000,000 AGGREGATE 20,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) North Andover Public Schools is included as an additional insured (except workers' compensation) as their interest may appear, but only to the extent such status is required by their written contractlagreement with the named insured. rFRTIFIrATF HOMIER CANCELLATION North Andover Public Schools SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1600 Osgood Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN North Andover, MA 01845 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh USA Inc. Manashi Mukherjee �lautanti.: `u @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: 402960 _ LOC #: Chicago A C40RV ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSURED MARSH USA INC. BRG SPORTS, LLC INCLUDING RIDDELL AND ALL AMERICAN SPORTS CORPORATION AND THE ADDITIONAL SUBSIDIARIES & AFFILIATES POLICY NUMBER AS SHOWN ON THE ATTACHED 9801 WEST HIGGINS ROAD, 8TH FLOOR ROSEMONT, IL 60018 CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance NAMED INSURED INCLUDES: 4078624 CANADA INC. (CANADA) ALL AMERICAN SPORTS CORPORATION (DELAWARE) ALL AMERICAN SPORTS LTD. (CANADA) BELL CHINA INVESTMENTS, INC. (TEXAS) BELL POWERSPORTS, INC. (BRAND NAME ONLY) BELL RACING COMPANY (DELAWARE) BELL SPORTS CANADA, INC. (CANADA) BELL SPORTS CORP. (DELAWARE) BELL SPORTS FITNESS ACCESSORIES (BRAND NAME ONLY) BELL SPORTS, INC. (CALIFORNIA) BRG RUBBER PRODUCTS, LIMITED (HONG KONG) CDT NEVADA, INC. (NEVADA) EB SPORTS CORP. (DELAWARE) EQUILINK LICENSING, LLC (DELAWARE) GIRO SPORTS DESIGN INTERNATIONAL, INC. (BRAND NAME ONLY) MACGREGOR CORPORATION (DELAWARE) MACMARK CORPORATION (DELAWARE) RIDDELL SPORTS GROUP, INC. (DELAWARE) RIDDELL, INC. (ILLINOIS) RIDMARK CORPORATION (DELAWARE) BRG SPORTS, INC (DELAWARE) BRG SPORTS HOLDING CORP. BELL TECHNOLOGY AQUISITION LLC (DELAWARE) BELL MOTOHELMETS S.R.L. (ITALY) ACORD 101 (2008101) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD