2017 03 10 ATV CONTRACT.pdf

Town of Nantucket

AGREEMENT BETWEEN

TOWN OF NANTUCKET

AND

VENDOR

This AGREEMENT, effective , 2017, made by and between the TOWN OF NANTUCKET, acting by and through its Town Administration, (hereinafter, the "TOWN") and (“VENDOR”).

A. Whereas, the TOWN desires to engage VENDOR as an independent contractor for the purchase of five (5) new Honda TRX500 Foreman FourTrax ATV’s with power steering (the "Procurement");

B. Whereas, VENDOR agrees to accept the engagement by the TOWN in accordance with the terms set forth herein;

NOW, THEREFORE, the parties, in consideration of the mutual covenants contained herein, agree as follows:

1. The TOWN hereby retains VENDOR to perform the Procurement and VENDOR agrees to perform the Procurement as provided herein.

2. The term of this Agreement will commence upon execution and terminate upon satisfactory delivery and warranty considerations.

3. VENDOR will perform the Procurement in a first class, professional manner and in compliance with all applicable federal, state and local laws, regulations and ordinances.

4. The TOWN will pay VENDOR for the procurement as shown in APPENDIX A. This agreement may be subject to budgetary limits and, in such case, the TOWN shall not be obligated to pay VENDOR any amount of fees or expenses not yet incurred.

5. The parties acknowledge that VENDOR is an independent contractor and not an employee of the TOWN. VENDOR shall not be entitled to any employment fringe benefits to which TOWN employees are entitled.

6. To the extent permitted by VENDOR’S professional liabilities and/or liability insurance, VENDOR agrees to indemnify and hold harmless the TOWN and its agents, officers and employees from any losses, claims or costs, of whatever kind or nature, suffered by the TOWN or any third party which result from, or are related to, the performance (or failure to perform) by VENDOR for the Procurement subject to this Agreement.

IN WITNESS THEREOF:

FOR THE VENDOR: FOR THE TOWN OF NANTUCKET:

C. Elizabeth Gibson, Town Manager

NAME:

DATE: ____________________ DATE: ____________________

VENDOR TAX EIN: ____________________________

DEPARTMENT ORG/OBJ: 27251 58504

As to the Availability of Funds:

____________________________________________ DATE:________________

Finance Department

EXHIBIT A

1. Cost Summary for equipment.

ITEM QUANTITY UNIT PRICE TOTAL

New Honda TRX500

EPS Foreman Fourtrax

ATV

TRADE-IN CREDIT

Used ATV’s

DELIVERY CREDIT to Steamship Dock- Hyannis in lieu of FOB Nantucket.

TOTAL PRICE

2. Payments from the Town to VENDOR will be made within 30 days from the date upon which bills are received by the Town from VENDOR for the Procurement rendered hereunder.

3. Invoice shall be sent to: Town of Nantucket- Police Dept. Accounts Payable, 4 Fairgrounds Rd., Nantucket, MA. 02554

4. Shipping shall be to Nantucket Police garage at 4 Fairgrounds Road, Nantucket, MA unless credit is accepted by the Town for delivery to Hyannis Steamship dock where delivery will be accepted by the Town.

EXHIBIT B

TAX COMPLIANCE CERTIFICATION

Pursuant to M.G.L. 62C, §49A, I certify under the penalties of perjury that, to the best of my knowledge and belief, I am in compliance with all laws of the Commonwealth relating to taxes, reporting of employees and contractors, and withholding and remitting child support.

EIN:

Federal Employer Identification Number

VENDOR:

SIGNATURE:

NAME:

DATE:

EXHIBIT C

CERTIFICATION OF NON COLLUSION

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 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.

VENDOR:

SIGNATURE:

DATE: