HomeMy WebLinkAboutContract #: 1791 - From: 10-01-2024 To: 04-30-2027 - Northeast Two Way Radio - Fire CONTRACT NO. I J 9 �—
VENDOR NO. 13223
STATE VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN OF NORTH ANDOVER
THIS CONTRACT made and entered into this 15t day of October, 2024, by and between Northeast
Two Way Radio Corporation, a domestic profit corporation duly authorized by law and having a
principal place of business at 7 McKay Avenue, Unit 4, Winchester, Massachusetts 01890,
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. PSE-01,
Categories 1, 3 and 5 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 two way radios,fire equipment supplies and services and
police equipment supplies and services as described in the Bidder's response spreadsheet. The
Bidder's response spreadsheet, 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 October 1, 2024 and terminating September 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-
Payments under this CONTRACT shall not exceed pricing provided in the Massachusetts State
Contract PSE-01. This Contract is expressly subject to and contingent upon an appropriation of
funds.
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 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.M), 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 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 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 of the
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-
2
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.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 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.
-14-
3
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.
-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 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.
-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 TOWN by being sent to the
Town Manager, North Andover Town Hall at 120 Main Street, North Andover, Essex County,
Commonwealth of Massachusetts.
4
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
9
Melissa Murphy-Rodrigues '3gSpN /Ljgn fi,G 10 pAtS: ~
Town Manager, North Andover Fed.I.D. or Social Security No. 1
APPROVED AS TO FORM: TO OF NORTH ANDOVER
Christine P. O'Connor K6 L, _V-r�-t C� ,,,_ '
Town Counsel Department Head
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Town ccountant
Date: