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Home My WebLink AboutContract #: 1746 - From: 07-01-2023 To: 06-30-2024 - Bertucci's Pizza - School CONTRACT NO, VENDOR NO. 25367 CONTRACT WITH THE NORTH ANDOVER SCHOOL DEPARTMENT FOR GOODS THIS CONTRACT made and entered into this 1st day of July 2023, by and between Bertucci's,a domestic profit corporation duly authorized by law and having a principal place of business at 435 Andover Street, North Andover, MA 01845,hereinafter called "VENDOR", and the and the North Andover Public School District, ("DISTRICT") a municipal corporation duly established by law and located at 120 Main Street, North Andover, Essex County, commonwealth of Massachusetts. WHEREAS,the DISTRICT requested a quote from the vendor for pizza,and; WHEREAS, the DISTRICT has accepted the VENDOR'S proposal subject to the conditions and agreements herein contained; NOW,THEREFORE,IT IS AGREED by and between the Parties as follows: -1- The VENDOR agrees that it will provide Pizza as described in accordance with the Invitation for Quote, Specifications, and the Bid. The Invitation for Quote, the Specifications, the Bid, all required Certifications,all Insurance Binders,and if applicable,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. -2- The Contract Period will commence on July 1, 2023 and terminating June 30, 2024. Any extensions of time must be by written NOTICE per paragraph 19 from the District,and are at the sole discretion of the DISTRICT. -3- Total payments under this CONTRACT shall not exceed Thirty Two Thousand and 00/100 ($32,000.00) DOLLARS. This Contract is expressly subject to and contingent upon an appropriation of funds. .4 The DISTRICT agrees to use best efforts to pay for sew-vices within thirty(30)days of receiving an Invoice, so Ilordg 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 consfitute or be deemed a waiver,relinquishirrient,release,or abandonment of any claim which the DISTMU 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 CONTRA0" unless and until a purchase order shall have been duly issued and approve&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- "rhe VIENDOR 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 Uability,and Property Damage Insurance, including contractual liability coverage.All insurance shall be for policy limits acceptable to the DISTRICT, all required insurance shall be certified by a duly authorized representative of the Insurers on the nMIIA*or'ACORD'Certificate of Insurance form(incorporated into and made a part of this agreement); and before commencement of work hereunder the CONTRACTOR agrees to furnish the DISTRICT with certificate(s)of insurance or other evidence satisfactory to the DISTRICT 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 DISTRICT 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,ODO Bodily Injury&Property Damage Liability Except Automobile—$500,0010 Automobile Bodily Injury& Property Damage LiabilitV$1,000,000 combined single limit for each accident. Excess Umbrella Liability—$1,000,000 for each occurrence 2 WIN" Will 4. It !is further agreed by the VENDOR that,In the event:the DISTRICT` s sued In a court of law or' equity, or demand Is made upon the DISTRICT for payment of any damages arlsIng out of the CONTRACTOR'S performance or non-perforniance of this Conti-ict,then the VENDOR,without reservation,shall inderrinify and hold harmless the TOWN against any avid all claims arlsiing out of the VENDOR'S performance or non-perl'cuTnance of the CONTRACT To the full extent permitted by law, no official, employee, agent or representative of the DISTRICT of North Andover shall be individually or personally liable on any obligation of the DISTRICT under this Contract. 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 DISTMCT 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. The 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 CONTRAU, and the provisions of said sections are made a part of this 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 to the work of the type to be performed under this CONTRACT', The VENDOR will carry out the obligadons of this Contract In full compliance with all of the requirements imposed by or pursuant to General Laws c.151,§1.,et seq. (Minimurn Wage Law) and any executive orders, rules, regulations, and requirements of the Commonwealth of Massachusetts as they may from time to time be arnended. The VENDOR wI111J, If applicable, comply with the wage rates as determined by the Commlissioner of the Departrnerjt of Labor and Industries, under the provilsions of General Laws c.149 (prevailing Wage), and shall be In force and as amended. -12 The VENDOR will carry out the obligations of this Contract in full ron'upflarlce with all of the requiirernents imposed by or pursuant to General Laws c4151.13(11-aw Against Discrimination)and 3 p aWW'ti or9�4WP@n'IWwaP 4PIIm.W,wP1, 1Pn➢u'wtta WPwpp4 ammNh ff"N .4pfvC ril9,t a of tt4'aPw u.,MPrn1'°rM'.Pr'IoMmaim4t1,P (0 Mu^,oqwPPiii 4qW q mppa vn pdumwtt m 4yp puo mP Hmm e WPP WWmmPa pmmw rimemPdsww�d p dwa 'W Mma)Wtt ahgH P mmoampjijV w "i, ;At Il1100tM at omd gtMo Wawa'M �as amrmmtt fail Pggjqd IVIrpaNPp pwwmm,W4m pPll PPw IPMmPp101d4441g W'wwmVpplfoy�Iwo Pt f,PvW9mH willIfo l pond III"W r A pmwat11'4f,e",;dmm'tdl '6111 noo Pl vo 04uwu ImWmm hm Whm�w dmhhtop PPd Roy aplmpmph not II''P:wir mNPPopPhr#twmwaW iVif 00,01 amp CJIPJrfflfi;-rJ m,mmwpOuvr"a W.ma mdm,pmmw.mWmwwd, �ttmhmgeo PPm P41fee tv, vibled Wttm 4P 1he WVmU�M, �mw4u�mllWpuwmP� III tto m fItt kmifl WWpPpmaPWpnsomW4pWPaa W appe% pmphapWWa w WollmmW a,lom W�W'may" Wn4MmpttdwmM,4m4mw4wp IWam.m.qp of matey, gidgmmw mnaWWmWmmal orlghow amn estr , age, sex, ma 190n, 63,14u44Y, d'Wattmmik m'WWttw WmammPWmwp' m°nW I'Pm PpIerflIfiNg Homy WWQ hlq afforded him� paw. d .. 41wmw VrIND 14 admPndp gIvP @Wm paanv,wad aWWaPPWiPmmP co'"aNPmwtt 1 to the ttaWtthhA pwvfrPmmmmarq'AW'of Ow wodc rol d 46"R Wmmttd attapgill mPm mdeleg'WWw:, p" whuhI or Na part or Wathomswa lmammPfoil,° aiiTy ViiiabWpdy, Ie4pon ldIANY, n4NhgalaWoo, duty PPtt PilematW W4h am tthk Contract withoW W@ra written api�mmovad Df Me MOM(- -14, 14 N WWWrotter ampaamd 0101 the DiSrWttM' may WamPahiate this 4°4':WIN'TRAC4 WptthawmmttCause, 1pon, p'm m W q" Wed wmmaWWw t the usual place of d.m � PWnPWo"44 (i W"�mp 4 rrftirly.m-I1m (ttlWW1RK.p M atso Imip 4m nm atte-kh'�p's Ctt�4pW" ACT at any 4Wmmma for i The 4Wm4(IaCsilitied WefflpWas under pWamaallW s t4 peFlury that Whos b: or p°ooposap has been made aWntj suiortt v� j pmm Wjow pa0h au d Mtt0 oul wwA(adara or fraud Mth 011V DtheW person, As used In 16 the 9VPhurd wWp�mm'P4'°%P:ai" rdliall o nm*a n any m'maturap proamaam, p"M'cM'wess, pmawttmWP!°rshlpaw m m totprigtic)tmw aWmmWon,tt omM4"l4ttev,a,6ab am othhumttm ottorAaAon,entity,ar group of dWwdMdua is, Me 44W:: II)O t aamtt@d@mma tthatt ony and afl Waaaa and m unidliiiMu l ttaatt cdaaw and awing uas ChO D14TIRICT of Nrwh Andovor 1maaa dWaamm pma6Pd In full 4- M1% gmnlWaap is urfly dttWmid , up un, wid m oifoi(vPMble a aInst the TOWN Ifi 11 the Conttmaaffi Is aW mwaPd toy Wdma IOWN Managm or dmon deslgs e; ) and endorsed wfth a pmovai of SOWN ttwPmWmm°Pttap as to fora ma �W h ro v At any finie during norrnW! i us0'wss hours, and as often as the TOWN may deem it reasonably necessary, there shail be avafl&e in the office of the CONTRACTOR for the purpose of audit, examMation, and/or to make excerpts or transcript all records, contracts, involces, mat erblis, payrafls, records of personnel,canditions of ernp oyrrwnt and other data rq!qating to all matters 4:overed by this Agreement, This irmtrurnent, and the other conipoineats of the contract doc urn eruts,constitutes the entire contract between the pardes, Wth no agreements other than those irworporated iwreln.Any Amendments to tws Contract: rnust be made in wirffing and executed by all sigaatories to the original Contract,pdor to the effective date of the amendment, Any notice perr-rofted or required under the provisions of this Contract to be given or served by either of the partles hereto upon the other party hereto shall be In writing and signed in the name or on the behaif of the party giving or serving the same. Notice shaU be deemed to have been received at the time of ac.tual service or three(3)business days after the date of a certffled or, registered Tnalllng prof edy addressed. Notice to the VENDOR shaH be deemed sufficient if sent to the address set forth In the Contract and to the DURICT by being sent to the School Superinte.mdent, North Andover School Departrnent at 566 Main Street, North Andov er, Essex County,Commonwealth of Massachusetts. 1114 WITNESS WHERf.::OF, the CONTRACTORS 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 chAy authorized officers the day and year first above w6tten. • APPROVED: VENDOR NA Superintendent oifSchoo North Andover School District Fed.I.D.or Social Security No., APPROVED AS TO FORM: TOWN OF NORTH ANDOVER 5 yt arn c Christine R O'Connor Kyl 'ccp Town Counsel ToYAcc ntant Date:—.� MONO i CERTIFIC' p fr OF NON-COLLUSION N'' ¢n a nd asilyi rd ce!dff es sunder d nualtaA��!s of peyjwy that our bid or proposal has been made and submitted in domed f"altfu and %vilho ut c ullusio n or fraaad witki any a:rdner person. its used an this certif wation, the word ')xrson" shall mean natural person, bnsuncss partnership,, co,rprx nV�au�.n, f � p. I a aaurmmrunAtice,union,club or offia,r organization,tztpt ,sac group of individuals. I, I Sir . . . .:._ ".... Data: . :.. ._ lakc -o(- ,sa1P.s t ,'n't la.rrae 'T ide Company Nwune CERTIFICATE OF TAX COMPLIANCE is Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A ),f mm . i art6nrl7ed signatory for .� . Name cof indfvhlual Name oy ro n.trrr t'rar do hereby ce ff"y sander ttae pains and pcnalfics of prcrjury that said contractor has aomplicd with all fawns of the C:pomnionwMth of Massachusetts, and the Town of North .Andover, relating g to taxes, iprernnft: or other fees, reporting of employees and contnictors, and warftliholding and remitting child support. I i I ignaN= Date i i i .t