HomeMy WebLinkAboutContract #: 1157 - From: 07-01-2018 To: 06-30-2018 - Papa Gino's Inc. - School NORTH ANDOVER SCHOOL DEPARTMENT
CONTRACT
(GOODS / SERVICES)
CONTRACT# t,5r7
DATE:
This Contract is entered into on, or as of, this date by and between the North Andover
School Department(the "School"), and
Contractor: Papa Gino's Inc
Address: 600 Providence Highway
Dedham MA 02026
1. This is a Contract for the procurement of the following:
Pizza products per the Invitation to Bid dated June 20,2018
2. The Contract price to be paid to the Contractor by the North Andover School Department
is:
The unit price per 16" pizza is $5.75 each
3. Payment will be made as follows:
Upon successful delivery 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
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
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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
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
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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 cl51B (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
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
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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.
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.
(Rev 1-2016)Contract by and between North Andover School Department and Page 7
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 049, §§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. Pament
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 parry 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
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.
(Rev 1-2016)Contract by and between North Andover School Department and Page 9
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 c30B, §13.
This Contract for purchase includes the following delivery, installation or setup
requirements:
- 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
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
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 Date /
cavtm Weal low'd C/1 Ta-,o 0, 1 V, J ,S � il 'C' -
Print 14ame & Title Corrillany Name
CERTIFICATE OF TAX COMPLIANCE
cPursuant t Chapter 62C of the Massachusetts General Laws, Section 49A (b I� 1 , authorized signatory for J✓l 0 S
Name of individual I 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.
ZS l�
Signature Date
CERTIFICATE OF VOTE
Glv\dj At a duly authorized meeting the Board of Directorsofthe
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held on C1 I;�S (« it was
VOTED, THAT
e�r�al I and CFI_
ame) - Officer
of 1N0 a Sl t)`0 � -T be and hereby is authorized to execute contracts and bonds in
the name and on behalf of said 0, r i D'r Sr< , , and affix its corporate seal hereto;
and such execution of any contract or obligation in the name of Pcyc' 6 r a', -Tru, on
its behalf by such officer under seal of VaDe Beira 5 j� , shall be valid and binding
upon Is- �(�
I hereby certify that I am the clerk of the above named 1'(hip �9 I n��s =Pi , and
that C� \/1J(-r-J 1 Ct vl is the duly elected officer as above of said
I�r 6'1")a J and that the above vote has not been amended or rescinded and
remains in full force and effect as the date of this contract.
IN011 .
A 'QPQ•�oFwoq�s�y
(Date) (Clerk)
? 19,91
Certification of the Corporate Clerk
SPECBRA-01 C LEB1
ACORO" CERTIFICATE OF LIABILITY INSURANCE o10/03/2018Y)
`—� 10/03/2018
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(ies)must have ADDITIONAL INSURED provisions or 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 RMIACT
Krauter&Company PHONE FAX
260 Franklin Street ac No,Ext: 617)861-8330 A/C,No:(617)861-8334
16th Floor
Boston,MA 02110
INSURE S AFFORDING COVERAGE NAIC#
INSURERA:United States Fire Insurance Company 21113
INSURED INSURERB:Pilgrim Insurance Company
Specialty Brands Holdings,LLC INSURERC:XL Catlin
600 Providence Highway INSURERD:
Dedham,MA 02026
INSURER E
INSURER F
COVERAGES CERTIFICATE NUMBER: 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.
INSR LTR TYPE OF INSURANCE ADDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS
A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
CLAIMS-MADE a OCCUR 643-221601-4 06/30/2018 06/30/2019 pRA AGE TEMISESO RENTED $ 1,000,000
MED EXP one son $
PERSONAL BADVINJURY $ 1,000,000
GEML AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000
X POLICY❑yea LOC PRODUCTS-COMP/OP AGG $ 2,000,000
OTHER: $
B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000
(Ea accKiert)ANY AUTO CSC-00001002881 06/30/2018 06/30/2019 BODILY INJURY Per $
OWNED X SCH€DOLED
AUTOS ONLY AU�TNuSy�� p BODILY INJURY Per accident $
X AUTOS ONLY X AUTO O W �eOP�ERZY AMAGE $
C X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 25,000,000
EXCESS LIAB CLAIMS-MADE US00079103LI18A 06/30/2018 06/30/2019 AGGREGATE $ 25,000,000
DED I X I RETENTION$ 10,000
A wORKERSCOMPENsmioN X I PER OTH-
AND EMPLOYERS'LIABILITY Y/N 408-73"16-8 06/30/2018 06/30/2019 STATUTE ER 1,000,000
ANY�PpROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $
QFCER/MEn BER EXCLUDED? N/A 1,000,UUU
�m tlamrY I N11) E.L.DISEASE-EA EMPLOYE $
tf yyes describe Under 1,000,000
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $
A Liquor Liability 543-221501-4 06/30/2018 06/30/2019 Aggregate 2,000,000
A Liquor Liability 643-221501-4 06/30/2018 06/30/2019 Common Cause 1,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
This certificate is Issued as Evidence of Insurance coverage only.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
North Andover Public Schools THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
566 Main Street ACCORDANCE WITH THE POLICY PROVISIONS.
North Andover,MA 01845
AUTHORIZED REPRESENTATIVE
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