HomeMy WebLinkAboutContract #: 1790 - From: 10-01-2024 To: 04-30-2025 - Mid Atlantic Rescue - Fire CONTRACT NO. 7. C)
VENDOR NO. 25846
CONTRACT WITH THE TOWN OF NORTH ANDOVER FOR SUPPLIES
THIS CONTRACT made and entered into this 30th day of September, 2024, by and between Mid-
Atlantic Rescue Systems, Inc., a domestic profit corporation duly authorized by law and having a
principal place of business at 11 Byte Court,Suite A,Frederick,Maryland 21702-2805, 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 TOWN issued a Request for Quotes for a rescue boat, 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:
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The VENDOR agrees that it will provide one 1660 Rescue Boat as described in the attached
Estimate (Quote).The 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. ,
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The Contract Period will commence on October 1, 2024 and terminating April 30, 2025. Any
extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the
sole discretion of the TOWN.
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Total payments underthis CONTRACT shall not exceed Thirty-seven thousand two hundred thirty
three and 00/100($37,233.00) dollars.This Contract is expressly subject to and contingent upon
an appropriation of funds.
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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 is the TOWN
may have against the VENDOR for breach of this Contract.
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The VENDOR agrees that no obligations be considered to have incurred under is 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.
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 insurances be for policy limits acceptable to the
TOWN;all required insurances l e 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 TOWN with certificate(s) of insurance or other evidence satisfactory to the TOWN. 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 bythe VENDOR."The TOWN 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
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It is further agreed by the VENDOR that,in the eventthe TOWN issued in a court of law or equity,
or demand is made upon the TOWN for payment of any damages arising out of the VEND R's
performance or non-performance oft is Contract,then the VENDOR, without reservation, shall
indemnify and holdharmless the TOWN against any and all claims arising out of the V DOR's
performance or non-performance of the CONTRACT.
To the full extent permitted by law, no official, employee, agent or representative of the TOW
f North Andover shall be individually or personally liable obligation of the TOWN under
this Contract.
is Contract is subject to allI the Commonwealth of Massachusetts, federal, state and
local, which areapplicable to thisContract or work withpublic 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 limital
rights of the parties.
_10-
The
VENDOR agrees to comply with allprovisions of general Laws,Chapter 30B and allrelated
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 areconsidered as
covenants, terms and conditions hereof as though all the provisions were specifically
incorporated herein,and the provisions of the saidsections shall apply even though it may appear
they are not applicable to the workthe type to be performed under this CONTRACT.
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VENDOR ill carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to general Laws c.151, , et seq. (Minimum Wage La
and y executive orders, rules, regulations, and requirements of the Commonwealth o
Massachusetts as they may from timei 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.1 (Prevailing Wage), and shall be in force
and as amended,
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The
VENDOR ill carry out the obligations of thisContract in full compliance with all of the
requirements imposed by or pursuant to general Laws c. s1B (Law Against Discrimination) and
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any executive orders, rules, regulations, and requirements oft Commonwealth of
Massachusetts as they may from time to time be amended.
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.
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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
TOWN.
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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.
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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.
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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.
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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 fort purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
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payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
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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.
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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 seats 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
1rlBy �s r_......
Melissa Murphy-Rodrigues
Town Manager, North Andover Fed.i.D.or Social Security No.
20-5083301
APPROVED AS TO FORM: tTN OF NORTH ANDOVER
Christine P. O'Connor
Town Counsel Department Head
I Wa e
Dated: �I Town countant
S
CERTIFICATIONS
CERTIFICATE OF NON-C(➢LLUSION
The undersigned certifies under penalties of petJury 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" shah mean natural person, business, partnership, corporation,
committee, union,club or other organization,entity, or group of individuals.
mm
Signature:Zel-, 12,
Date: October 1.M4
Jennifer Lynch,Presidwit— Mid-Atlantic Rescue Systems Inc._
Print Name&Title Company Narne
CERTIFICATE OF TAX COMPLIANCE
Pursuant,to Chapter 62C of the Massachusetts General I.Aws, Section 49A(b), I
Jennifer authorized signatory far Mid-Atlantic Rescue Systems Inc.
Name of individual Name f contractor
do hereby certify under the pains and penalties of perjury that said contractor has complied with
alI laws of the Commonwealth of Massachusetts, and the To of North Andover, relating to
taxes,permit or other fees,reporting of employees and contractors,andwithbolding and remitting
child support.
October 1, 2024
t11 g iia-iii re Date
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Certificate of Authorization
(NOTE:A certified vote of the corporation may be substituted for this formi.)
The Vendor,Mid-Atlantic Rescue Systems Inc. is: (CHE-CK ONE)
(Nwne of CompaTk)�/Consult4uiVCorporatidea)
A. a corporation formed and existiAg under the laws of the state of
.,Maryland,and pursuant to the corporate by-laws,Jennifer Lynch,
President
(insert Nair—e title ofuthor°ized 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 formed and existing under the
laws of the state u. and pursuant to the limited liability company
agreement or partnership agreement,
(insert Narne mid Tide of Authorirxd 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 proprietorship's name by such duly authorized
individual shall be valid and binding,
S-17jn'atur'w."7
(Must be signed by Corporate Officer,Partner, or Sole
Proprietor)
Jennnifer Lynch
Print N r ame of Above
PTesident
Title
October 1,2024
Date
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