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Home My WebLink AboutContract #: 1612 - From: 05-01-2023 To: 12-31-2023 - Ridgewood Cemetery - Veterans CONTRACT NO. D t3�_ VENDOR NO. `- 0's CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR CEMETERY LOTS THIS CONTRACT made and entered into this 51, day of May, 2023, by and between The Ridgewood Cemetery Association, a domestic nonprofit corporation duly authorized by law and having a principal place of business at 177 Salem Street, (P.O. Box 22) North Andover, MA 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 TOWN and the VENDOR agree to the following conditions and agreements herein contained regarding the acquisition of 31 cemetery lots; NOW,THEREFORE, IT IS AGREED by and between the Parties as follows: -1- The VENDOR agrees that it will provide 31 cemetery lots in Plot 6 at the Ridgewood Cemetery, North Andover as described more fully in the attachment. -2- The VENDOR will deliver the deed to the 41 lots upon payment in full by the Town. -3- Total payments under this CONTRACT shall not exceed $49,600 DOLLARS. Pursuant to this Agreement, the thirty-one lots will cost $1,600 each. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an invoice. Any payment under this Contract shall not constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which the TOWN may have against the VENDOR for breach of this Contract. -5- The VENDOR agrees that no obligation shall be considered to have incurred under this CONTRACT unless and until a purchase order shall have been duly 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. -6- 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. -7- 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 to the TOWN; 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); and before commencement of work hereunder the VENDOR agrees to furnish the TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. 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 under each policy or policies, except Workers' Compensation. For the purpose of the Contract, the VENDOR shall carry the following types of insurance in at least the limits specified below. Workers' Compensation—the required statutory amount Employer's Liability—$500,000 Bodily Injury & Property Damage Liability Except Automobile—$500,000 Automobile Bodily Injury & Property Damage Liability — $1,000,000 combined single limit for each accident. Excess Umbrella Liability—$5,000,000 for each occurrence -8- 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 non-performance of this Contract, then the VENDOR, without reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out of the VENDOR'S performance or non-performance of the CONTRACT. 2 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. -9- This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and local, which are applicable to this Contract or work with a public entity; and it is presumed that 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 shall have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal rights of the parties. -10- 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. -11- This contract is only binding upon, and enforceable against the TOWN if: 1) the Contract is signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN Counsel as to form. -12- This instrument, and the other components of the contract documents, constitutes the entire contract between the parties, with no agreements other than those incorporated herein. Any Amendments to this Contract must be made in writing and executed by all signatories to the original Contract, prior to the effective date of the amendment. -20- 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 to the Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. 3 IN WITNESS WHEREOF, the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these presents, together with said duplicate and triplicate, to be signed in their name and behalf by their duly authorized officers the day and year first above written. APPROVED: VENDOR MT)t� By Me C w lissa Murphy-Rodrigues Scar vl,� ba Town Manager, North Andover Fed.I.D. or Social ecurity No. APPROVED AS TO FORM: TOWN OF NORTH ANDOVER U - -A - X ... .. Christine P. O'Connor Town Counsel De t Head 1 Lyne age I Town Accountant Date: 4 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the e cocak U%ke" SOG, held on De$Pk r 1 , ZOZ 1 it was VOTED, THAT (Name) (Officer) of �� 4�u. �t� and herreby is authorized to execute contracts and bonds in the name and on behalf o 'taml "od affix its corporate se hereto; and such execution of any contract or obligation in the t name of{ ' p on its behalf by such officer under seal of ux3ad� � S+ 'shall be valid and binding upon �y �tJ�P �s6 C VT, I hereby certify that I am the-clerk of the above named1%Vi odc� l.� �c_ and that �')S-�rAh �.�t _ is the duly elected officer as above of said 6c, and that the above vote has not been amended or rescinded and remains in full force and effect as the date of this contract. oco� C'Z-�2-02:3 0'e 4'2-� (Date) -{.�erk� �f. P 2 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION undersigned certifies under penalties of pe6ury 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 word "person7' shall mean natural person, business, partnership, corporation, cornmittee,union,club or other organization, entity, or group of individuals. Si Date to o,nntnrk 0 V1 Pre q-,A(PP-t000A kssor .- 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 0�- I 06A CKMeL-r%-A N550c, Name of individual Name of contractor do hereby certify under the pains and penalties t said contractor has complied with all laws of the Commonwealth of Massachusetts, and the To of North over, relating to taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting child support. Si ure Date