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agreementSection 00 52 00 Section 00 52 00 City of Northampton CONTRACT FOR ROOFING WORK AT THE R.K. FINN RYAN ROAD & LEEDS ELEMENTARY SCHOOLS Section 00 52 00 March 02, 2015 CITY OF NORTHAMPTON MASSACHUSETTS CONTRACT FOR Roofing Work at the R.K. Finn Ryan Road And Leeds Elementary Schools THIS AGREEMENT, executed this day of 20 by and between (type in Vendor name and address, remember to check Northampton vendors for overdue taxes) hereinafter called "Vendor" and the City of Northampton, a municipal corporation in the County of Hampshire, Commonwealth of Massachusetts, party of the second part hereinafter called "Owner". WITNESSETH, that for the consideration hereinafter mentioned, the Owner and the Vendor shall agree to the terms and conditions contained in this contract, enumerated as follows: The Owner-Vendor Agreement, Bidding Documents, Contract Forms, Specifications contained in (attach you specification or vendor quote and reference the document here, if services are going to be rendered on City Property contact the Chief Procurement Officer regarding appropriate insurance requirements), and all addenda issued prior to and all Modifications issued after execution of the Contract. THE OWNER shall pay the Vendor for the performance of this contract in the sum of (type in the dollar amount) dollars in accordance with the terms of this contract. This contract shall not be altered in any particular without the consent of all parties to this contract. All alterations to this contract must be in writing and authorized as such by the Mayor and a Majority vote of the Board, Agency, or Committee signing this contract. The Vendor shall not delegate, assign or transfer any of its duties delineated in the scope of services without prior written consent from the CITY. In the event the Vendor is a corporation a certificate that the person executing this contract is duly authorized to sign, must accompany this contract. Notwithstanding anything in the Contract documents to the contrary, any and all payments which the City is required to make under this Contract shall be subject to appropriation or other availability of funds as certified by the City Auditor. Obligations for payments beyond the current fiscal year are subject to appropriation and this Contract shall be canceled in the event of non-appropriation. Final payment on this contract shall release and discharge the Owner from any and all claims against the Owner on account of any work performed hereunder, or any alteration hereto. The Vendor shall indemnify and hold harmless, the CITY and all of its officers, agents, and employees against all suits, claims or liabilities of every nature, arising out of, or in consequence of, the acts or omissions of the Vendor, its employees, agents, or sub-contractors in connection with their rendering of services or goods under this AGREEMENT and will, at the Vendor’s own cost and expense, defend any and all such suits and actions Section 00 52 00 By signing this contract the Vendor agrees to subject any dispute to mediation, at the option of the City, prior to filing suit in any forum. This contract shall be deemed to be a Massachusetts contract and its interpretation and construction shall be governed by the laws of Massachusetts and the Charter and Ordinances of the Owner. The provisions of this contract are severable. If any provision of this contract shall be held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect any other provisions of this contract. The City of Northampton is not bound by this contract until approved by the Mayor of Northampton. Pursuant to M.G.L. Chapter 62C, Section 49A, I certify under the penalties of perjury that I have, to my best knowledge and belief, complied with the law of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support. I further authorize the City of Northampton to deduct from the amounts due under this contract, any overdue taxes, real or personal, or any other fees due to the City of Northampton from the vendor which become due and payable by the vendor or its officers, directors or agents during the term of this contract or until the final amounts due under this contract are paid in full. Check one: The vendor does not have a Northampton office. IN WITNESS WHEREOF the Owner caused these presents to be signed in quadruplicate and approved by David Narkewicz its Mayor and the said Vendor has caused these presents to be signed in quadruplicate and its official seal to be hereto affixed by its officer or agent thereunto duly authorized (by the attached corporate resolution). This instrument shall take effect as a sealed instrument. Vendor: Vendor it's Authorized Signatory Title Date Certificate by Corporation to Sign Contract At a duly authorized meeting of the Board of Directors of the (Name of Corporation) held on . (Date) At which all the Directors were present or waived notice, it was voted that, the Authorized Signatory of this company, be and he hereby is authorized to execute contracts and bonds in the name and behalf of said company, and affix its Corporate Seal thereto, and such execution of any contract or obligation in this Section 00 52 00 company's name on its behalf by such officer under seal of the company, shall be valid and binding upon this company, A TRUE COPY, ATTEST: (Clerk) Place of Business Date of this Contract Section 00 52 00 CITY OF NORTHAMPTON: BY: Northampton’s Board or Commission Signatures of the Board or Commission Date __________________________ Date _______________ Supt. Of Schools __________________________ Date ________________ Director of Central Services Date Chief Proc. Officer, approved as to form and c. 30B compliance Date City Auditor, approved as to appropriation. Date Mayor David Narkewicz