HomeMy WebLinkAboutContract #: 1589 - From: 02-27-2023 To: 02-26-2026 - Common Cents EMS Supply, LLC - Fire CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER
STATE VENDOR
THIS CONTRACT made and entered into this 2811 day of February, 2023, by and between
Common Cents EMS Supply, LLC, a domestic profit corporation duty authorized by law and
having a principal place of business at 304 Boston Post Road, Old Saybrook, CT 06475,
hereinafter called "VENDOR", and the and the TOWN of North Andover, ("TOWN") a
municipal corporation duly established by law and located at 120 Main Street, North Andover,
Essex County, Commonwealth of Massachusetts.,
WHEREAS,the VENDOR is a vendor accepted by Massachusetts per to Contract PSE01;
'WHERE-AS, the VENDOR represents that it is duly qualified in this field, and has agreed to
provide goods requested by the TO", ; and
WHEREAS, the TOWN has accepted the VI NDOR!S proposal subject tot conditions and
agreements herein contained;
NOW,THEREFORE,IT IS AGREED by and between the Parties as follows:
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The VENDOR agrees that it will provide fire equipment supplies and services, EMS equipment
supplies and services and police equipment supplies and services as described in accordance
with Massachusetts State Contract PSE-1. The Commonwealth's Invitation for Bids,
Specifications,, the Bid, required Certcations, all Insurance Binders, and the Schedule of
Minimum Wage Rates,are incorporated herein and made a part of this CONTRACT.
The VENDOR will report to the signatory Department Head of this CONTRACT.
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The Contract Period will commence on February 27, 2023 and terminating February 26, 2026.
Any extensions of time must be by written NOTICE per paragraph 23 from the TOWN, and are
at the sole discretion of the TO".
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of payments under this CONTRACT shall not exceed N/A DOLLARS. This Contract is
expressly subject to and contingent upon an appropriation of funds.
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The TOWN agrees to use best efforts to pay for services within thirty(30) days of receiving an
invoice, so long as all services provided are sufficiently detailed. in the invoice, and that the
invoice has filed with the contracting department. Any payment under this Contract shall not
constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which
the TO may have against the VENDOR for breach of this Contract.
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The VENDOR agrees that no obligation shall be considered to have incurred under this
C(.)NTRACT unless and until a purchase order shall have been duty issued and approved. And
further, that the obligation incurred shall be limited to the amount set forth in purchase order or
purchase orders duly issued and approved.
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The VENDOR states that it is qualified, and is in all relevant aspects, in good standing. The
VENDOR certifies that performance under this Contract will meet ethical business standards and
good stewardship of taxpayer and public funding to prevent waste or abuse.
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The VENDOR shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c.152), Public Liability, and Property Damage
Insurance, including contractual liability coverage. All insurance shall be for policy limits
acceptable tote TOWN; all required insurance shall be certified by a duly authorized
representative of the insurers on the "MIIA" or "ACORM Certificate of Insurance form
(incorporated into and made a part of this agreement).The certificates shall contain the following
express obligations: "In the event of cancellation or material change in a policy affecting the
certificate holder, thirty(30)days prior written notice will be given the certificate holder. Where
notice is not provided by VENDOR's insurer,the notice will be provided by the VENDOR."The
TOWN shall be named as an additional insured ere policy or policies, except Workers'
Compensation.,
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It is further agreed by the VENDOR that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
VENDOR'S performance or nonperformance ofthis Contract, then the VENDOR, without
reservation, all indemnify and hold harmless the TOWN against any and all claims arising out
of the VENDOR'S performance or nonperforniance of the CONTRACT.
To the full extent permitted by law,no official, employee, agent or representative of the TOWN
of North Andover all be individually or personally liable on any obligation of the TOWN
under this Contract.
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This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, is are applicable tothis Contract or work with a public entity; and it is presumed that
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the VENDOR is cognizant thereof Any and all proceedings or actions relating to the subject
matter herein shall be brought and maintained in the courts of the Commonwealth, which all
have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal
right.-,oft e parties.
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'Me VENDOR agrees to comply with all the provisions of General Laws, Chapter 30B and all
related sections, including amendments thereto, in performing all work under this CONTRACT,
and the provisions of said sections are made a part oft is CONTRACT and are to be considered
as covenants, terms and conditions hereof as though all the provisions were specifically
incorporated herein,and the provisions of the said sections shall apply even though it may appear
they are not applicable tot work of the type to be performed under this CONTRACT.
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The VENDOR 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, §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.
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The VENDOR 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 VENDOR 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 denoted, 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.
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The VENDOR. all give its personal attention constantly to the faithful perforniance of the or
and 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
TOWN.
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It is further agreed that the TOWN may terminate this CONTRACT without cause, upon
fourteen (14)days' written notice to the other party, sent by certified mail, to the usual place of
business of the other party. The TOWN may also terminate this CONTRACT at any time for
cause. To the full extent permitted by law, no official, employee, agent, or representative of the
TOWN shall be individually or personally liable on any obligation of the TOWN under this
contract.
is
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 any natural person, business, partnership,
corporation,union,committee,club or other organization,entity,or group of individuals.
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It is understood and agreed by the TOWN and the VENDOR that a Contract Performance
Record Forrn must be completed on this contract by the Department Head or his designee who is
supervising this contract, and such Contract Perfonnancc Record Form must be submitted to the
TOWN Manager, TOWN Accountant, and Purchasing Agent prior to release of final payment
under this contract, If requested by the VENDOR a copy of the Contract Performance Record
Form shall be fumished to the VENDOR.
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The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
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All fees for TOWN permits or licenses required for these services shall be waived.
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Notwithstanding anything in the Contract documents to the contrary, any and all payments is
the TOWN is required to make under this Contract shall be subject to appropriation or other
availability of funds by the TOWN Accountant. The TOWN may immediately terminate or
suspend this CONTRACT without liability on the part of the TOWN for damages, penalties or
other charges in the event the appropriation funding this CONTRACT is terminated or reduced
to an amount which will be insufficicnt to support anticipated future obligations under this
CONTRACT,
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This contract is only binding upon, and enforceable against the TOWN if. 1) the Contract is
signed byte TOWN Manager or her designee; 2) and endorsed with approval of TOWN
Counsel as to form.
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At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the V17NDOR forte 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.
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This instrument:, and the other components of the contract documents, constitutes the entire
contract between the parties, with no agreements of than those incorporated herein. Any
Amendments to this Contract must be made in writing and executed by all signatories to the
original Contract, for to the effective date of the amendment.
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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 VENDOR shall be deemed sufficient if sent
to the address set forth in the Contract and to the TOWN by being sent tote Town Manager,
North Andover Town Hall at 120 Main Street,North Andover, Essex County,Commonwealth of
Massachusetts,
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CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The undersigned certifies under penalties of perjury that our 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 or "person" all mean natural person, business, partnership, corporation,
committee, union,club or other organization, entity,or group of individuals.
Signatur Date 2
1-11 X'9
o
�r-in'-t'—Name&-Tifle ----—------............ Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to C pter 62C oft e Massachusetts General Laws,Section 49A(b),I
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authorized signatory for
q-f" individual Manse of contractor
do hereby certify under the pains and penaltics of perjury that said contractor has complied with
all laws of the Commonwealth. of Massachusetts, and the To of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and
remitting child support.
Si/at u r 4" Date
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IN WITNESS WHEREOF, the VENDORS and the said TOWN OF NORTH ANDOVER have
hereto and to a duplicate hereof, caused their corporate seals to be affixed and these presents,
together with said duplicate, to be signed in their name and behalf by their duly authorized
officers the day and year first above written.
THE TOWN THEVENDOR
(e 2,
i sion/Department Head Company Name
own Manager Date Sign, a ate
'Td"
Print Name&Title
Federal Identification
APPROVED AS TO FORM:
;i� vm Counsel Date
CERTIFICATION AS TO AVAILABILITY OF FUNDS:
ATownjcc(o4untant Date
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