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Home My WebLink AboutContract #: 1760 - From: 07-01-2024 To: 06-30-2025 - Ockers Company - School CONTRACT NO. 1V V VENDOR NO. 6327 STATE VENDOR CONTRACT FOR SUPPLIES WITH THE NORTH ANDOVER PUBLIC SCHOOL DISTRICT THIS .CONTRACT made and entered into this. day of July, 2024, by and between Ockers .Company, a domestic profit corporation duly authorized by law and having a principal place of' business at 83.0 West Chestnut Street, 'Brockton, Nlassachus.etts. 02301,. hereinafter called. "VE.NDOR. and. the and the North Andover. Public School District, ("SCHOOL01 a municipal corporation. duly established by law :and located at 120 Main Street, North Andover, Essex. .County,Commonwealth of Massachusetts. WHEREAS, the VENDOR is an accepted supplier by.Massachusetts per State Contract No. ITC73 and.; WHEREAS, the SCHOOL 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 hardware as described.in the attached Quote#004402.. The Quote, the Commonwealth's Invitation for Bid,. the Specifications, the Bid, required Certifications,and Insurance Binders are Incorporated herein and made apart of this CONTRACT. The VENDOR will report to the signatory Department Head ofthis.CONTRACT. -2- The .Contract Period will commence on July 1, 2024 .and terminating June 30, 2025. Any extensions.of time must be by written N.OTICE.per paragraph 19 from the SCHOOL,and are at the sole discretion.of the SCHOOL. -3- 'Total payments under this CONTRACT shall not exceed.Ninety-nine.Thousand two hundred forty and 00/100..($99,240.00) Dollars. This Contract is expressly subject to and contingent upon an appropriation of funds. -4- The SCHOOL 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..An' payment under this Contract shall not constitute or be deemed a waiver,relinquishment;release,.or abandonment of any claim which the SCHOOL may have against the VENDOR for breach of this Contract. 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 SCHOOL; 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). 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 SCHOOL shall:be named as an additional insured under each policy or policies, except Workers'Compensation. =8- It is further agreed.by the VENDOR that, in the event the SCHOOL or Town.of North Andover is sued. in a court of law or equity, or demand is made upon the SCHOOL foc 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 SCHOOL and the Town of North Andover against any and all claims arising out.of.the:VENDOR'S performance or non- performance of the CONTRACT. 2 To the full extent permitted bylaw,.no official,employee,agent or representative-of the SCHOOL or Town of North Andover shall be Individually or personally liable on any obligation ofthe School or 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, -1U- The VENDOR agrees to comply with all the provisions of General Laws,.Chapter 3pB 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 ofthesaid 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, 41,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.151B (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. -13- The VENDOR shall riot 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 SCHOOL. 3 -14- it.is further.agreed that the SCHOOL 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 SCHOOL may also terminate this CONTRACT at any time for cause. -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. -16- 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. -17- This contract. is only binding upon, and enforceable against the SCHOOL if. ) the Contract is signed by the School.Superintendent or her designee; 2) and endorsed. with approval of TOWN Counsel as to form. 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. VENDOR 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. -18- This.instrument, and the other components of the contract docurher ts; constitutes the entire contract between the parties, with no agreements other than those IIncorporated 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.. -]9- Any notice permitted or required'.under the provisions..of this Contract to be given or served by either ofthe 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 some. 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 moiling properly addressed. Notice to the VENDOR shall be deemed sufficient I-f sent to the. address set forth in the Contract and. to the SCHOOL by being sent to the School 4 Superintendent; North Andover School Administration. Building 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 bytheir.duly authorized officers the day and year first above written. APPROVED: VENDOR '� 14-t °�\(�`�A l �r" �`��' y � �Ockers:Company Parrs Lathrop Acting School Superintendent. Fed.I.D.or Social Security.No. 04-2072070 APPROVED AS TO FORM: Christine:P.O'Connor Town Counsel Ky War Town Acc untant Dater s CERTIFICATIONS CERTIFICATE..OF'NON-COLLUSION The-undersigned certifies under penalties biperjury that our bid or proposal has been made and -submitted in good faith and without collusion or ftaud with any other person. As used in this. certification, the word "person" shall mean .natural person. busirim, partnership, corporafion, coMmItteei union,club or other organizatiori,entity., or grdup of individuals. Signature: Date: —7/8/2.4 _David Mitchell Contract Manager —The Ockers.Company_____ Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE. Pursuant to Chapter 62C of the Massachusetts General Laws,Section 49A(h),I David Mitchell authori=d signatory for—The Ockers Company 'Vanze q J findliddual Name of contractor do.hereby-certify under the pains.and penalties of perjury that said contractor has complied with all laws of the.6rnnionwealtli 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. 7/8/24 Signature Date 6 Certificate of Authorization (NOTE:A certified vote of the corporation may be-substituted for this form.) TheVendor,. The.Oekers Compnay is:(CHECK ONE) / (Name of Company/Gonsultam/Cotporation) v A. a.co oration formed and existing.under the laws of the state of rP g. _Massachusetts ,and pursuant to the corporate by-Iaws, _David Mitchell Contract Manager_ (Insert Name and Title of Authorized.Representative) is-authorized to execute contradis in.the.naine of said corporation_Such execution of any contract or obligation in this corporation's name on its behalf by such duly authorized individual.shall be valid and binding upon the corporation. B. a limited liability company.or a partnership formed and existing under the laws of the state of ,.and pursuant to the.limited liabiiity'c.ompany agreement or partnership agreement,. (Insert Name and Title of Authorized Representative) is authorized to execute contracts in the.name:of said company or partnership,Such execution of any contract or obligation in this company or partnership's name on its behalf by such duly authorized individual shall be valid and binding upon the company or partnership. C. is:a sole proprietorship owned an.operated exclusively by, the undersigned.. (Insert Name and Title of Authorized Representative Execution of any contract or obligation in this sole oprietorship's name bysuch duly authorized:individual shall be valid and binding. !' jJ Signature (Must be siigped Corporate Officer,Partner,.or Sole Proprietor) John Houser Print Name of Above President ' Title _7I8124 Date: 7