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HomeMy WebLinkAboutContract #: 2025 - From: 10-15-2026 To: 06-30-2027 - Interboro Packing Corp. - School CONTRACT NO. �I VENDOR NO:. 26842 CONTRACT WITH THE NORTH ANDOVER SCHOOL DEPARTMENT fOR SUPPLIES THIS CONTRACT made and•entered'Into this 15 day of October,2026;:by and between lnterboro Packing Corp.,:a domestic profit corporation duly authorised by law"and.ha-ving.a principal,place of business•at 114. Bracken Road,. NY 12549, hereinafter called "VENDOR'; and the;Ind the North Andover. Public•Scho6J District, ("District").a municipal corporation duly established -by law and located -at 566, Main 'Street, North Andover, Essex 'County, Commonwealth of Massachusetts. WHEREAS,the DISTRICT issued its Invitation for Quotes for Plastic Bag Liners,and; WHEREAS, the DISTRICT has accepted the VENDOR'S proposal subject to the conditions:and agreerhehtshefein to itained; NOW;THEREFORI,,IT I5 AGREED by and between the.Parties as follows: ' =1- The'VENDOR:agrees that it will provide Plastic Bag Liners as described In accordance with the invitation for Quote,.Specifications, and the Bid. The Invitation for Bid, 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. You have won ihei,bid forthe following item: Small Plastic Liners CBlack) • Size:16"x14"%36" ,e. Gauge:16 Micron s Packaging:Must be•rolled sleeves—NO loose'bags in case -Case-Count:500 lhiers.per case(25.per roll,20 rolls.per case) UNIT PR10E;:$18.24/case,delivered Purchasing 300 Cases$5472.00 The VENDOR will report to the signatory Department Head of this CONTRACT. -2- The 'Contract ;Period will commence. on July 1, 2026 and terminate June- 30, 2027. Any extensions of'time must be by written NOTICE per paragraph 19 fro-m the DISTRICT, and are-at the sole discreti6h.cf,the DISTRICT. _3. Total :payments under this CONTRACT shall not exceed $5472.00 DO1:lARS. This Contract Is expressly'subject to and-contingent upon an appropriation of funds. -4- The DISTRICT agrees to use best efforts to pay for seryices-withln thirty. (30)days of receiving an invoice, -so brig as- all services provided are sufficiently detailed in the.invoice, and that the Invoice has,been filer- 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. The VENDOR. agrees that .no •obligation• shall be considered to have incurred under this CONTRACT unless and,until a:pdrehase order shall have,beeri duly issued and approved: And further; tharthel obligation.incurred shall be limited'to-the amount set'forth in purdha-se7drder 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,dt-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 InsU ance, 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"M1lA" or "ACORD" Certificate of Insurance form (incorporated into and made a part of this agreement); and before commencemerit of work hereuhderthe-VENDOR agrees:t6 furnish the DISTRICT .with certificates) of insurance or other evidence satisfactory to the 2 DISTRICT. The certificates shall contain the following express obligations: "In the event of caneellatiorv.or material change in a policy affecting the certificate holder;thirty(301 days prior written notice will be glyen to the certificate holder:Where notice Is not;provided-by.-VENDOR'.s insurer, the, obtice will be provided by the VENDOR." The DISTRICT 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 Sodily-lnju y,8i,Property Damage Liability Except Automobile�$500,000 Automobile'i3odlly=Injury•& Property. Damage Liability— $1;000;000 corhbined single limit-for each accident., Excess Umbrella,.I;labil"Ity—$1,000;000 for each occurrence -8- 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 reservatioh, shal[ indemnify acid hold harmless the DISTRICT 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 DISTRICT of North `Andover shall'.be-individually or personally liable on any obligation of the DISTRICT underthis-'Contract. -9- This Contract,ls subject to all Paws of the Commonwealth of Massachusetts, federal, state and local, which:•are:applicab[a 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 mbtt6r herein shall be brought and maintained in the courts of the Commonwealth,which shall have exclusive.jutisdlction thereoL 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. p'roVisions of the said sections shall apply even though it,may appeartheY are.not applicable to the work.of the type-to be performed under this CONTRACT. 3 -11- The VENDOR wiP 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. -Z2- 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. The VENDOR shall comply with all federal and state laws, rules and regulations promoting fair employment practices or prohibiting employrent 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 orlentation or for exercising any rights afforded by law. -13- The VENDOR shall not.assign or delegate, in whole or in part or otherwise transfer any fiablilty, responsibility, obligation, duty or Interest under this Contract without the written approval of the TOWN., -14- It is further agreed that the DISTRICT may terminate this CONTRACT without cause, upon fourteen (lei•) 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- 4 The undetmghed.•certifies urider penalties of perjury-that this bid or proposal has been made and submitfed'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;'unlbn;committee,club or other organization, entity,or group of=individuals; -1.6- The VENDOR certifies that-any and all taxes an-d municipal fees due and owing to the.DISTRICT of North Andover-have been paid in fall. -17- This contract Zs only binding'upon; and enforceable against the DISTRICT if:-1.) the Contract is signed by ttie DISTRICT Manager or her designee; 7) and endorsed with approval of DISTRICT Counsel'as to form. r 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 covereU--by thisAgreernent. . 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- Anynotice permitted or required under the provlsions.of this Contractto: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 Contractand-to the'DISTRICT by being sent to the Superintendent, North Andover School Department at 566 Main 'Street, North.Andover Essex.County,�Commonwealth of Massachusetts.: IN WITNESS WHEREOF, the VENDOR and the said NORTH ANDOVER 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 by-their duly.authorized officers the day and year first above written. 5 PPROVED: VENDOR 11-263341 Pamela Lathrop Superintendent of Schoo Interboro Packaging Corp. North Andover School District Fed.i.D. or Social Security No. APPROVED AS TO FORM: Christine " ....... m: P. O'Connor Kyl ar e Town Counsel To A ountant Date:_ 1 n/1 /26 6 CERTIFICATIONS CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury 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, commiitee,.union,plub-or other organization,entity,or-group of individuals. Signature: Date: 10/19/26 Toby Hecht,,Secretary Int'erboro Packaging Print Name&Title Company Name CERTIFICATE OF TAX COMPLIANCE. Pursuant to.Chapter 62C of the Massachusetts General Laws,Section 49A(b),I Toby Hecht authorized signatory for Interboro Packaging Name-of indyidual Name of contractor 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. 4 10/19/26 Signature. Date 7 CERTIFICATE OF VOTE At a duly authorized meeting the Board of Directors of the_ Interboro Packaging_ held on January 7 , 2025 it was VOTED,THAT T_oby Hecht Secretary (Name) (Officer) of Interboro Packaging be and hereby is authorized to execute contracts and bonds in the name and on behalf ofsaid Interboro Packaging ,and affix its corporate seal hereto; and such execution of any contract or obligation in the name of Interboro Packaging on its behalf by such officer under seal of Interboro Packaging , shall be valid and binding upon Interbora Packaging I hereby certify that I am the clerk of the above named Interboro Packaging and that Toby Hecht is the duly elected officer as above of said Interboro Packaging , and that the above vote has not been amended or rescinded and remains-in full force'and effect as.the date of this contract. 90/19/26 Fdmmy Berkowitz. (Date) (Clerk) 8