HomeMy WebLinkAboutContract #: 985 - From: 07-01-2017 To: 06-30-2018 - Perfecto Caffe - North Andover School DepartmentNORTH ANDOVER SCHOOL DEPARTMENT
CONTRACT
(GOODS / SERVICES)
CONTRACT #qK�-
DATE: JULY 1, 2017_
This Contract is entered into on, or as of, this date by and between the North Andover
School Department (the "School"), and
Contractor: Perfecto's Caffe
Address: 79 North Main Street
Andover, MA 01810
Telephone Number: 978-749-7022
Fax Number: 978-749-9433
1. This is a Contract for the procurement of the following:
The purchase of fresh bread products as bid in the FY18 Food Services RFB
2. The Contract price to be paid to the Contractor by the North Andover School Department
is:
2 oz bagels, 48 ct case $17.49 unit price
4 oz bagels, 40 ct case $17.49 unit price
3. Payment will be made as follows:
Upon successful delivery of product and receipt of invoice (net 30)
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
(Rev 1-2016) Contract by and between North Andover School Department and Page 1
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) Invitation to Bid, Request for Proposals, Instructions to Bidders/Proposers,
Proposal Form, General Conditions, Supplementary General Conditions, General
Specifications, Other Specifications included in Project Manual, Drawings, and all
Addenda issued during the bidding period or proposal. The Contract documents are
complementary, and what is called for by any one shall be as binding as if called for
by all. The intention of the document is to include all labor and materials,
equipment and transportation necessary for the proper performance of the Contract.
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. The Contractor's relationship to the School is that of an independent
contractor and not that of an agent or employee of the School.
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 Sub -Contractor: 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, 2018, unless extended pursuant to a
provision for extension contained in the Contract documents at the sole discretion of the
School, 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. The School may
(Rev 1-2016) Contract by and between North Andover School Department and Page 2
immediately terminate or suspend this Agreement without liability on the part of the School
for damages, penalties or other charges in the event the appropriation funding this
Agreement is terminated or reduced to an amount which will be insufficient to support
anticipated future obligations under this Agreement.
7. Permits and Approvals
Permits, Licenses, Approvals and all other legal or administrative prerequisites to its
performance of the Contract shall be secured and paid for by the Contractor.
8. Termination and Default
8.1 Without Cause. The School may terminate this Contract at its sole discretion 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.
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
(Rev 1-2016) Contract by and between North Andover School Department and Page 3
Contract, and (viii) failure to comply with any and all requirements of federal or
state law and/or regulations, and Town bylaws and/or regulations.
9. The Contractor's Breach and the 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 applicable to the Contract, the provisions of the Massachusetts
General Laws are incorporated by reference into this Contract, including, but not
limited to, the following:
M.G.L. Chapter 30B — Procurement of Goods and Services.
M.G.L. Chapter 30, Sec. 39, et seq: - Public Works Contracts.
M.G.L. Chapter 149, Section 44A, et seq: Public Buildings Contracts.
10.2 Wherever applicable law mandates the inclusion of any term and provision into a
municipal contract, then it shall be understood that this Agreement shall 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.
(Rev 1-2016) Contract by and between North Andover School Department and Page 4
10.4 The Contractor shall keep itself fully informed of all existing and future State and
Federal Laws and Municipal By-laws and Regulations and of all orders and decrees
of any bodies or tribunals having jurisdiction in any manner affecting those engaged
or employed in the work, of the materials used in the work or in any way affecting
the conduct of the work. If any discrepancy or inconsistency is discovered in the
Drawings, Specifications, Scope of Business or Contract for this work in violation
of any such law, by-law, regulation, order or decree, it shall forthwith report the
same in writing to the 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, and its duly
appointed agents against any claim or liability arising from or based on any
violation whether by it 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 c268A), 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. c268A 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 c62C, Section 49A (Requirement of Tax Compliance by All Contractors
Providing Goods, Services, or Real Estate Space to the Commonwealth or Subdivision).
13. Affirmative Action; Non -Discrimination
The Contractor will carry out the obligations of this Contract in full compliance with all of
the requirements imposed by or pursuant to General Laws c 151 B (Law Against
Discrimination) and any executive orders, rules, regulations, and requirements of the
Commonwealth of Massachusetts as they may from time to time be amended.
The Contractor shall comply with all federal and state laws, rules and regulations
promoting fair employment practices or prohibiting employment discrimination and unfair
labor practices and shall not discriminate in the hiring of any applicant for employment nor
shall any qualified employee be demoted, discharged or otherwise subject to discrimination
in the tenure, position, promotional opportunities, wages, benefits or terms and conditions
of their employment because of race, color, national origin, ancestry, age, sex, religion,
disability, handicap, sexual orientation or for exercising any rights afforded by law.
14. Condition of Enforceability Against the School
(Rev 1-2016) Contract by and between North Andover School Department and Page 5
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.
15. Corporate Contractor
If the Contractor is a corporation, it shall endorse upon this Contract (or attach hereto) its
Clerk's Certificate or if a Limited Liability Corporation, a Manager's Certificate or other
documentation satisfactory to the School 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, c181, §3, 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.
16. Liability of Public Officials
To the full extent permitted by law, no official, employee, agent or representative of the
North Andover School Department shall be individually or personally liable on any
obligation of the School under this Contract.
17. Indemnification
The Contractor shall indemnify, defend and save harmless the School, the School's
officers, attorneys, agents and employees, from and against any and all damages, liabilities,
actions, suits, proceedings, claims, demands, losses, costs, expenses, recoveries and
judgments of every nature and description (including reasonable attorneys' fees) 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 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
(Rev 1-2016) Contract by and between North Andover School Department and Page 6
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.
18. Workers Compensation Insurance
The Contractor shall provide by insurance for the payment of compensation and the
furnishing of other benefits under Chapter 152 of the General Laws of Massachusetts (The
Worker's Compensation Act) to all employees of the Contractor who are subject to the
provisions of Chapter 152 of the General Laws of Massachusetts.
Failure to provide and continue in force such insurance during the period of this Contract
shall be deemed a material breach of this Contract, shall operate as an immediate
termination thereof, and the Contractor shall indemnify the 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 in a form satisfactory to the School before the same shall be binding on the
parties thereto, except if specifically waived by the School.
18.1 The Contractor further understands and agrees that in rendering services to the
School under this Contract that the Contractor is an independent contractor and not
an employee of the School, that the Contractor is not covered by the Town's
Workers' Compensation, or liability insurance, that the Contractor shall not make
any claim against the School, its officers, agents and employees and that the
Contractor indemnifies, holds harmless, and releases the School from any claims of
the Contractor or of any other party that may arise in whole or in part out of or in
connection with the work being performed by the Contractor.
19. Documents, Materials, Etc.
Any materials, reports, information, data, etc. given to or prepared or assembled by the
Contractor under this Contract are to be kept confidential and shall not be made available to
any individual or organization by the Contractor (except agents, servants, or employees of
the Contractor) without the prior written approval of the School, except as otherwise
required by law. The Contractor shall comply with the provisions of Chapter 66 and
Chapter 66A of the General Laws of Massachusetts as they relates to public documents,
and all other state and federal laws and regulations relating to confidentiality, security,
privacy and use of confidential data.
Any materials produced in whole or in part under this Contract shall not be subject to
copyright, except by the 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.
(Rev 1-2016) Contract by and between North Andover School Department and Page 7
All data, reports, programs, software, equipment, furnishings, and any other documentation
or product paid for by the School shall vest in the School. 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.
20. Confidentiality
The Contractor shall comply with M.G.L. c66A if the Contractor becomes a "holder" of
"personal data". The Contractor shall also protect the physical security and restrict any
access to personal or other School data in the Contractor's possession, or used by the
Contractor in the performance of this Contract, which shall include, but is not limited to the
School's public records, documents, files, software, equipment or systems.
21. Record -Keeping and Retention, Inspection of Records
The Contractor shall maintain records, books, files and other data as specified in this
Contract and in such detail as shall properly substantiate claims for payment under this
Contract, for a minimum retention period of seven (7) years beginning on the first day after
the final payment under this Contract, or such longer period as is necessary for the
resolution of any litigation, claim, negotiation, audit or other inquiry involving this
Contract. The School shall have access during the Contractor's regular business hours and
upon reasonable prior notice, to such records, including on-site reviews and reproduction of
such records at a reasonable expense.
22. Assignment
The Contractor shall not assign or delegate, in whole or in part or otherwise transfer any
liability, responsibility, obligation, duty or interest under this Contract without the written
approval of the School.
23. Subcontracting By Contractor
Any subcontract entered into by the Contractor for the purposes of fulfilling the obligations
under this Contract must be in writing, authorized in advance by the School and shall be
consistent with and subject to the provisions of this Contract. Subcontracts will not relieve
or discharge the Contractor from any duty, obligation, responsibility or liability arising
under this Contract. The School is entitled to copies of all subcontracts and shall not be
bound by any provisions contained in a subcontract to which it is not a parry.
24. Risk of Loss
The Contractor shall bear the risk of loss for any Contractor materials used for this Contract
and for all deliveries, and personal or other data which is in the possession of the
Contractor or used by the Contractor in the performance of this Contract until possession,
(Rev 1-2016) Contract by and between North Andover School Department and Page 8
ownership and full legal title to the deliverables are transferred to and accepted by the
School.
25. 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 cl51, §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 c149,
§§26 to 27D (Prevailing Wage Law), as shall be in force and as amended. The Contractor
will, in addition to any other submissions required by the Prevailing Wage Law, submit
certified weekly payrolls to the School with the information described in General Laws
c149, §27B.
26. 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.
27. Pam
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.
28. Waiver and Amendment
Amendments, or waivers of any additional term, condition, covenant, duty or obligation
contained in this Contract may be made only by written amendment executed by all
signatories to the original Contract, prior to the effective date of the amendment.
To the extent allowed by law, any conditions, duties, and obligations contained in this
Contract may be waived only by written agreement by both parties.
Forbearance or indulgence in any form or manner by a party shall not be construed as a
waiver, nor in any manner limit the legal or equitable remedies available to that party. No
waiver by either party of any default or breach shall constitute a waiver of any subsequent
default or breach of a similar or different matter.
29. Forum and Choice of Law
(Rev 1-2016) Contract by and between North Andover School Department and Page 9
This Contract and any performance herein shall be governed by and be construed in
accordance with the laws of the Commonwealth of Massachusetts. Any and all
proceedings or actions relating to subject matter herein shall be brought and maintained in
the courts of the Commonwealth of Massachusetts, which shall have exclusive jurisdiction
thereof. This paragraph shall not be construed to limit any other legal rights of the parties.
30. Notices
Any notice permitted or required under the provisions of this Contract to be given or served
by either of the parties hereto upon the other party hereto shall be in writing and signed in
the name or on the behalf of the party giving or serving the same. Notice shall be deemed
to have been received at the time of actual service or three (3) business days after the date
of a certified or registered mailing properly addressed. Notice to the Contractor shall be
deemed sufficient if sent to the address set forth in the Contract and to the North Andover
School Department by being sent to the School Superintendent, North Andover School
Department, 566 Main Street, North Andover, Massachusetts 01845.
31. Binding on Successors
This Contract shall be binding upon the Contractor, its assigns, transferees, and/or
successors in interest (and where not corporate, the heirs and estate of the Contractor).
32. Complete Contract
This instrument, together with its endorsed supplements, and the other components of the
contract documents, constitutes the entire contract between the parties, with no agreements
other than those incorporated herein.
33. Contractor Certifications
33.1 By signing this contract, the Contractor certifies under the penalties of perjury that
pursuant to General Laws c62C §49A, the Contractor has filed all state tax returns,
paid all taxes and complied with all laws of the Commonwealth relating to taxes;
and that pursuant to General Laws c 151 A, § 19A, the Contractor has complied with
all laws of the Commonwealth relating to contributions and payments in lieu of
contributions.
33.2 By signing this contract, the Contractor certifies under the penalties of perjury that
this contract has been obtained in good faith and without collusion or fraud with
any other person. As such in this certification, the word "person" shall mean any
natural person, business, partnership, corporation, union, committee, client or other
organization, entity or group of individuals.
(Rev 1-2016) Contract by and between North Andover School Department and Page 10
33.3 Qualifications. The Contractor certifies it is qualified and shall at all times remain
qualified to perform this Contract, that performance shall be timely and meet or
exceed industry standards for the performance required, including obtaining
requisite licenses, registrations, permits, resources for performance, and sufficient
professional, liability, and other appropriate insurance to cover the performance. If
the Contractor is a corporation, the Contractor certifies that it is in good standing
with the office of the Secretary of State. If the Contractor is a foreign business, the
Contractor certifies that it is listed under the Secretary of State's website as licensed
to do business in Massachusetts, as required by law.
33.4 Business Ethics and Fraud, Waste and Abuse Prevention. The Contractor certifies
that performance under this Contract, in addition to meeting the terms of the
Contract, will be made using ethical business standards and good stewardship of
taxpayer and other public funding and resources to prevent fraud, waste and abuse.
33.5 Debarment. The Contractor certifies that neither it nor any of its subcontractors are
currently debarred or suspended by the federal or state government under any law
or regulations including, Executive Order 147, M.G.L. c29, §29F, M.G.L. c30,
§39R, M.G.L. c149, §27C, M.G.L. c149, §44C, M.G.L. c149, §14813 and M.G.L.
c152, §25C.
34. Additional Provisions:
34.1 Applicable to Contracts for the Procurement of Goods
34.1.1 "Goods" shall mean Goods, Supplies, or Materials, as described in the
Contract.
34.1.2 Change Orders:
Change orders for contracts subject to M.G.L. c30B may not increase the total
contract price by more than twenty-five (25.0%) percent and shall be in compliance
with Massachusetts General Laws c3 OB, § 13.
This Contract for purchase includes the following delivery, installation or setup
requirements:
Deliveries must be made no later than 10:00 a.m. on the scheduled delivery day.
Deliveries may not be left outside the receiving door of the building.
Refrigerated and frozen product must be placed in the refrigerator or freezer upon
delivery by the delivery person.
34.2 Applicable to Contracts for Services
34.2.1 "Services" shall mean furnishing of labor, time, or effort by the Contractor.
This term shall not include employment agreements, collective bargaining
agreements, or grant agreements.
(Rev 1-2016) Contract by and between North Andover School Department and Page 11
34.2.2 Change Orders:
Change orders for contracts subject to Massachusetts General Laws c30B
may not increase the total contract price by more than twenty-five (25%) per
cent and shall be in compliance with Massachusetts General Laws c30B,
§ 13.
34.2.3 Minimum Wage/Prevailing Wage:
The Contractor will carry out the obligations of this Contract in full
compliance with all of the requirements imposed by or pursuant to General
Laws c151, §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
c149, §§26 to 27D (Prevailing Wage Law), as shall be in force and as
amended. The Contractor will, in addition to any other submissions
required by the Prevailing Wage Law, submit certified weekly payrolls to
the School with the information described in General Laws c149, §27B.
34.2.4 Insurance:
The Contractor shall obtain and maintain the following insurance:
34.2.4.1 Workers Compensation Insurance of the scope and amount
required by the laws of the Commonwealth of Massachusetts.
34.2.4.2 Broad Form Commercial General Liability coverage with limits of
at least $1 Million per occurrence and $2 Million aggregate, and
which shall cover bodily injury, death, or property damage arising
out of the work.
34.2.4.3 Automobile Liability Coverage, including coverage for owned,
hired, or borrowed vehicles with limits of at least $1 Million per
person, and $1 Million per accident. The intent of the
Specifications regarding insurance is to specify minimum coverage
and minimum limits of liability acceptable under the Contract.
However, it shall be the Contractor's responsibility to purchase and
maintain insurance of such character and in such amounts as will
adequately protect it and the School from and against all claims,
damages, losses and expenses resulting from exposure to any
casualty liability in the performance of the work.
34.2.4.3 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
(Rev 1-2016) Contract by and between North Andover School Department and Page 12
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 Contract.
34.2.4.4 The School 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.
34.2.4.5 Contractual liability must recognize the indemnities contained in
this Agreement.
34.2.4.6 Coverages are to be maintained for a period of two (2) years after
final payment.
34.2.4.7 The Contractor shall maintain all required insurance in full force
and effect as required by this Contract or the Contractor shall be in
material breach hereof.
(Rev 1-2016) Contract by and between North Andover School Department and Page 13
IN WITNESS WHEREOF the parties have hereto and to two other identical instruments set
forth their hands the day and year first above written.
THESCHOOL
�" 21" -
Di ' 1on/Department Head
/11/14 -7117117
School $Krierintendent Date
THE CONTRACTOR
14,P kV,4-,4
Sig re ate
Print Name & Title
Federal Identification
No.: (3 N3 ? DC7 `1
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
mil ,®► . �� s� . s.
ccountant
I s -
(Rev 1-2016) Contract by and between North Andover School Department and Page 14
CERTIFICATE OF VOTE
At a duly authorized meeting the Board of Directors of the
held on it was
VOTED, THAT
C' Art 81Q,
(Name)
of &:�,—f:oz- C�;[N* be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said , and affix its corporate seal hereto;
and such execution of any contract or obligation in the name of on
its behalf by such officer under seal of
upon
that
I hereby certify that I am the clerk of the above named
shall be valid and binding
and
is the duly elected officer as above of said
and that the above vote
remains in full force and effect as the date of this
A
(Date)
Certification of the Corporate Clerk
been amended or rescinded and
(Clt4k)
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.
4
4
Signature Date
T rQ
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
, authorized signatory for
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 s ipport.
SijjnattYe Date
.
kill
\
|
|!|
||��
:;l,
!■!,)!
: ■
H
::
--
I
\'
\
|
|�
|
.«;r
-
-�
-
--
-
\
!!
m
!.
!
•!\��
/���|
!
I
!�f
|||||||||}|
|||||
\|
�
!
!!}\!•,!_!!
!�!!!
\
|
_;
��l ZI
12111-..;,
sg?