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HomeMy WebLinkAboutContract #: 1775 - From: 07-01-2024 To: 06-30-2027 - WB Mason - Town Manager CONTRACT NO. VENDOR NO. 88 STATE VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER THIS CONTRACT made and entered into this—day of July, 2024,by and between W.B. Mason,a domestic profit corporation duly authorized by law and having a principal place of business at 59 Centre St. Brockton,Massachusetts 02301,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 VENDOR is an accepted supplier by Massachusetts per State Contract No. OFF53 and; WHEREAS, the TOWN 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 office supplies as described in the attached Schedule of Supplies and Unit Pricing Sheet. The Schedule of Supplies, the Unit Pricing Sheet, the Commonwealth'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. -2- The Contract Period will commence on July 1, 2024 and terminating June 30, 2027. Any extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the sole discretion of the TOWN. -3- 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,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 TOWN may have against the VENDOR for breach oft is Contract. -5- The VENDOR agrees that no obligation shall be considered to have incurred underthis 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 for (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 TOWN 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 TOWN is sued in a court of law or equity, or demand is made upon the TOWN for payment of any damages arising out oft 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. 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, is are applicable tothis 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, is 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 or 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 oft 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. -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 TOWN. 3 -14- It is further agreed that the TOWN 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 TOWN 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 TOWN of North Andover have been paid in full. -17- 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. At any time during normal business hours, and as often as the TOWN 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 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 TOWN by being sent to the Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts. 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 P/. R. 114ASoc, By Melissa Murphy-Rodrigues /a✓sR„ i _Ie.. Town Manager, North Andover Fed.I.D. or Social Security No. 0 `/-a Y frn-Y/ APPROVED AS TO FORM: TOWN OF NORTH ANDOVER Christine P. O'Connor Town Counsel Department Head tW ne w n ccountant Date: 5 CERTIFICATIONS CERTIFICATE OF NON-COLLISION The undersigned certifies under penalties ofperjury that our bid or proposal has been made submitted in good faith and without collusion or fraud withother 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. Signature: Date: " Print Name & Title Company Name CERTIFICATE OF TAX COMPLIANCE Pursuant to Chapter 62C oft e Massachusetts General Laws,Section 49A ( ,I 004 n authofized signatory for _ e of individual� e of contractor o hereby certify under the pains and penalties of perjury that saidcontractor has complied with all laves of the Commonwealth of Massachusetts, and the Town of North Andover, relating t taxes,permit or other fees,reporting of employees and contractors,and withholding and remitting child support. Si atu Date Certificate of Authorization (NOTE: A certified vote oft a corporation may be substituted for this forin.) The Vendor, W,16. a .7�� , .is:(CHECK ONE) (Name rat'Conipm ay/ 'on m,ittant4:,'orpormition), __�/A. a corporation formed and existing under the laws of the state of Ag s&f&m�h� and pursuant to the corporate by-laws, '66hok"t iver-J''. -,-49410,I00- V.A (insert Name and Title of Authorized Representative) is authorized to execute contracts in the name 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 fonned and existing under the laws of the state of __0 and pursuant to the limited liability company agreement or partncrship­agreement, (insert Name and Title of Aufliorized 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 Natne and Title of Authorized Representative) Execution of any contract or obligation in this sole proprietorship's name by such duly authorized individual shall be valid and binding. Signature: (Must be signed by Corporate Officer,Partner,or Sole Proprietor) Print Name of Above Title Date 7