HomeMy WebLinkAboutContract #: 1781 - From: 07-01-2024 To: 06-30-2024 - Thurston Foods - School CONTRACT NO. ) -7 d J
VENDOR NO. 21684
CONTRACT FOR SUPPLIES WITH THE DISTRICT OF NORTH ANDOVER
(COOPERATIVE PURCHASING GROUP)
THIS CONTRACT made and entered into this 1st day of July, 2024, by and between Thurston
Foods, a domestic profit corporation duly authorized by law and having a principal place of
business at 30 Thurston Drive, Wallingford, Connecticut 06492, hereinafter called "VENDOR",
and the and the North Andover Public Schools, ("DISTRICT") a municipal corporation duly
established by law and located at 566 Main Street, North Andover, Essex County, Commonwealth
of Massachusetts.
WHEREAS, the VENDOR was awarded the contract through a cooperative procurement
administered by The Educational Cooperative of which North Andover is a member 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-
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The VENDOR agrees that it will provide supplies selected by the DISTRICT as described in the
attached Schedule of Supplies and Unit Pricing Sheet. The Schedule of Supplies, the Unit Pricing
Sheet,the Cooperative's Invitation for Bid,the Specifications,the Bid, required Certifications, and
Insurance Binders 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 July 1, 2024 and terminating June 30, 2025. Any
extensions of time must be by written NOTICE per paragraph 19 from the DISTRICT, and are at
the sole discretion of the DISTRICT.
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Total payments under this CONTRACT shall not exceed six hundred thousand dollars and 00/100
($600,000.00). This Contract is expressly subject to and contingent upon an appropriation of
funds.
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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.
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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.
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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 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). 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.
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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.
2
To the full extent permitted by law, no official, employee, agent or representative of the DISTRICT
or Town of North Andover shall be individually or personally liable on any obligation of the
DISTRICT under this Contract.
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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.15113 (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.
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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.
3
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It is further agreed that the DISTRICT may terminate this CONTRACT without cause, upon
fourteen (I4) days' written notice to the other party, sent by certified mail, to the usual place of
business of the other party. The D|5TR|& 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. /\s used |nthis
certification, the word "person" shall mean any natural person, business, partnership, `
corporation, union, committee, club or other organization, entity, or group of individuals.
-16'
TheVENDQRcertif\esthatanyandaUtaxesandnnunicipa|feesdueandom/inBtotheDiSTRi[Tof
North Andover have been paid infull.
-17-
This contract is only binding upon, and enforceable against the DISTRICT if: l\ the Contract is
signed by the DISTRICT Manager or her designee; 2\ and endorsed with approval of DISTRICT
Counsel astoform.
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,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
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 tDthe effective date of the aDOeOdrneD1,
-19-
AAynotice permitted or required under the provisions of this Contract tobe given mrserved by
either of the parties hereto upon the other party hereto shall beinwriting and signed iO 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, School Administration Building at 566 Main Street, North Andover, Essex
County, Commonwealth of Massachusetts.
IN WITNESS WHEREOF, the VENDOR and the said 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.
OVED: VENDOR µ` V
Pamela Lathrop, SuperinVenclent of Schools
-
North Andover Public Schools Fed.I.D. or Social Security No.
APPROVED AS TO FORM:
Christine P. O'Connor
Town Counsel
Kyl am
Town Acc r)tant
Date:
CERTIFICATIONS
CERTIFICATE OF NON-COLLUSION
The Undersigned certifies tinder penalties of peijury 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,
Z 11
Signatur Date CT
if' hell
A
Print Name & Title Company Name
CERTIFICATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of the Massachusetts General Laws, Section 49A (b), I
C ._fA 0 r,"
authorize signatory for Foodfllrr
Name qfindividual Name oftontractor
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 Town of North Andover, relating to
taxes, permit or other fees, reporting of employees and contractors, and withholding and remitting
child support.
d
Date
signat plre"�
Certificate of'Atlthorization
(NOTFI : A certified vote of the corporation may he substituted fur this turns.)
'file vendor. i-I 1(,IY jUf") l'LGt�J i // )�- is: (CFIf°.CK ONE
(Name of Compam CunsultanrCurporationi
>/ A. a corporation formed and existing under the lays of the state of
_ ��'i' J,7�41I C U�- and pursuant to the corporate bS--la«s.
(Insert Name and Title of Authorized Representative)
is authorized to execute contracts in the name ofsaid corporation. Such execution ofany
contract or obligation in this corporation's name oil its behalf by such duly authorized
individual shall be valid and bi ndulg 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 liability company
agreenlent or partnership agreement,
(insert Name and Title of Authorized Representative)
is authorized to execute contracts in the name ofsaid company or partnership. Such
execution of an}' contract of-obligation in this company or partnership's name on its
behalf by such duly authorized individual shall be valid and binding upon the company of-
partnership.
— _ C. is a sole proprietorship o"ned an operated exclusively by the undersigned.
(insert Name and Title of Authorized Representative)
Fxecution orariv contract or obligation in this sole proprietorship's hassle by such duly
aUtIlOrrled individual shall be valid and binding
S1g116��Ir�: ---
(Must be signed by Corporate Officer, Partner, or Sole
P►•oprietor)
Print Name of Above
Title ----_ ..
Date ---- --