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HomeMy WebLinkAboutContract #: 1747 - From: 07-01-2023 To: 06-30-2024 - Costa Fruit - School CONTRACT NO. I I VENDOR NO. 1666 CONTRACT WITH THE NORTH ANDOVER SCHOOL DEPARTMENT FOR GOODS THIS CONTRACT made and entered into this 1st day of July 2023, by and between Costa Fruit and Produce Company, Inc. a domestic profit corporation duly authorized by law and having a principal place of business at 18 Bunker Hill Industrial Park, Boston, Massachusetts, 02129, 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 vendor for fruit and vegetables,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: -I- The VENDOR agrees that it will provide fruits and vegetables as described in accordance with the Request for Quote, Specifications, and the Bid. The Request 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 One Hundred Thousand and 00/100 ($100,000.00) 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 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 DISTRICT 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 DISTRICT; 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 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—$500,000 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—$1,000,000 for each occurrence -8- 2 It is further agreed by the VENDOR that, in the event the DISTRICT is sued in a court of law or equity, or demand is made upon the DISTRICT 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 DISTRICT against any and all claims arising out of the VENDOR'S performance or non-performance 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. -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 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 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. -11- 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. The VENDOR will, if applicable, comply with the wage rates as determined by the Commissioner of the Department of Labor and Industries, under the provisions 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 compliance with all of the requirements imposed by or pursuant to General Laws c.15111(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. 3 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 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. -13- The VENDOR 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 DISTRICT. -14- It is further agreed that the DISTRICT 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 DISTRICT may also terminate this CONTRACT at any time for cause. -15- 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. -16- The VENDOR certifies that any and all taxes and municipal fees due and owing to the DISTRICT of North Andover have been paid in full. -17- This contract is only binding upon, and enforceable against the DISTRICT if: 1) the Contract is signed by the DISTRICT Manager or her designee; 2) and endorsed with approval of DISTRICT Counsel as to form. At any time during normal business hours,and as often as the DISTRICT may deem it reasonably necessary, there shall be available in the office of the VENDOR for the purpose of audit, examination, and/or to make excerpts or transcript all records, contracts, invoices, materials, 4 payrolls, records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. -18- 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. -19- 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 DISTRICT by being sent to the School Superintendent, North Andover School Department at 566 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. IN WITNESS WHEREOF, the VENDOR and the said North Andover Public School District 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 ...._. N9 Superintendent o Schoo �� �,� North Andover School District Fed.I.D.or Social Security No. s s APPROVED AS TO FORM: Christiney P. O'Connor Kyle me Town Counsel To Acc ntant Date: 5 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 word "person" shall mean natural person, business, partnership, corporation, committee,union,club or other organization,entity,or group of individuals. r �` �fA • 0 P Signature . �w:� e � �, ._.__ Date �w„�M �_�n....� Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A(b),I . . ,authorized signatory fore 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 DISTRICT of North Andover, relating to taxes, permit or other fees, reporting of employees and contractors, and withholding and remifti g child support. Signat re " Date 6 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the held on it was VOTED,THAT Z (Name) (Officer) 017 be and hereby is authorized to execute contracts and bonds in the name and on behalf of said L,.1_,and affix its corporate seal hereto; and such execution of any contract or obligation in the name of on shall I be valid and binding its behalf by such officer under seal of upon I hereby certify that I am the clerk of the above named( and that —c" is the duly elected officer as above of said -T­yjg� above and that the vote has not been amended or rescinded and remains in full force and effect as the date of this contract. 6- (3 - za 2.v (Date) (Clerk) 8