Library Books SPECS.pdf

LIBRARY BOOKS

CITY OF LAWRENCE, MASSACHUSETTS

RELEASED: AUGUST 10, 2016

DUE BY: WEDNESDAY, AUGUST 24, 2016 BY 11:00 AM

DELIVER TO:

City of Lawrence Office of the Purchasing Agent 200 Common Street, Room 301

Lawrence, MA 01840

City of Lawrence Library Books IFB Page 2

CITY OF LAWRENCE

INVITATION FOR BIDS (IFB)

TABLE OF CONTENTS

Section Description

1. Introduction

2. General Bid Requirements

3. Price Sheet

4. Statement of Bidder’s Qualification

5. Clerk Certificate

6. Certificate of Non-Collusion

7. Certificate of Tax Compliance

8. W9 Form

9. City of Lawrence Standard Contract

City of Lawrence Library Books IFB Page 3

RESPONDENT’S CHECKLIST

Please ensure all documents listed on this checklist are included, and/or acknowledged with your submission. Failure to do so may subject the proposer to disqualification.

_____ Respondent’s Checklist (this form)

_____ Letter of Transmittal

_____ Form for General Bid (Bid Pricing)

_____ Statement of Bidder’s Qualification

_____ Certificate of Non Collusion

_____ Certificate of Tax Compliance

_____ Clerk Certificate

_____ W9 Form

_____ Acknowledgement of Addenda (submission of copy of addenda issued, if any)

City of Lawrence Library Books IFB Page 4

SECTION 1 INTRODUCTION

INTRODUCTION

The City of Lawrence, on behalf of the Lawrence Public Schools invites vendors interested in providing a variety of library books identified in this IFB as an immediate need for this upcoming school year. All vendors submitting bids must be engaged in the regular business of book sales, either wholesale or retail and carry a substantial stock of books in the major categories of children’s, young adults and adult in both fiction and nonfiction.

SECTION 2: GENERAL INSTRUCTIONS AND CONDITIONS

1. Pursuant to M.G.L. Chapter 30B, the City of Lawrence seeks bids from qualified vendors interested in providing Library Books to the Lawrence Public Schools. Bidder shall submit one (1) copy of their bid in a sealed envelope and properly labeled as “Library Books” Bids are due on or before 11:00 a.m. Wednesday, August 24, 2016 at the Office of the Purchasing Agent/CPO. Late bids will not be considered.

2. The bidder must have a substantial stock of books listed in this IFB and can be supplied immediately upon receipt of an authorized purchase order issued by the City of Lawrence Chief Procurement Officer.

3. The Chief Procurement Officer, after a recommendation from the initiating department head shall review and award. An award of contract will be made within thirty (30) days after the bid submission date or as soon as practicable thereafter. The time for award may be extended for up to thirty (30) days by mutual agreement.

4. If any changes are made to this IFB, an addendum will be issued. Addenda will be emailed or mailed to all bidders on record as having received the IFB package. If the City issues any addenda to this IFB, each bidder shall acknowledge on the Price Bid Form the receipt of each addendum by addendum number.

5. Questions concerning this IFB must be submitted in writing to Rita V. Brousseau, Purchasing Agent, before 3:00 p.m. Wednesday, August 17, 2016. Questions may be mailed, delivered, faxed to 978- 722-9120 or emailed to rbrousseau@cityoflawrence.com. Written responses will be emailed to all bidders on record as having received the IFB package. The City of Lawrence has identified a sole point of contact with bidders for the purpose of this IFB. Any attempt to contact any other City of Lawrence employee or to circumvent these procedures in any manner may be grounds for disqualification of the bidder from the procurement process.

6. All bids received by Lawrence in response to this IFB shall be considered “firm” and may only be withdrawn as provided by M.G.L. c.30B. A proposer may correct, modify or withdraw a bid by sealed written notice clearly marked as a correction, modification or withdrawal and received in the Office of the Purchasing Agent prior to the time and date set forth for bid submission.

7. After the bid submission deadline, a bidder may not change any provision of the bid in a manner prejudicial to the interests of the City or fair competition. Minor informalities will be waived or the proposer will be allowed to correct them. If a mistake and the intended bid are clearly evident on the face of the bid document, the mistake will be corrected to reflect the intended correct bid and the proposer will be notified in writing; the proposer may not withdraw the bid. A proposer may withdraw a bid if a mistake is clearly evident on the face of the bid document, but the intended correct bid is not similarly evident.

mailto:rbrousseau@cityoflawrence.com

City of Lawrence Library Books IFB Page 5

8. The City reserves the right to cancel this IFB, or reject in whole or in party any and all bids, if the City determines that cancellation or rejection serves the best interests of the City.

9. Bids which are incomplete, conditional, not properly endorsed, or signed, or which are otherwise contrary to these instructions may be rejected.

10. The contract award is subject to an appropriation by the City Council for the fiscal year in which the contract is executed and for any subsequent fiscal year during the contract term.

11. It is prohibited for any bid to be submitted that would constitute a violation of the conflict of interest statute, M.G.L. chapter 268A.

12. This Invitation for Bid (IFB), with all of its terms and conditions, will be part of the contract.

13. All invoices are to be submitted to the ordering department, Attention: Accounts Payable. Only invoices referencing a valid purchase order authorized by the City of Lawrence Comptroller and Purchasing Agent will be processed for payment.

14. All invoices submitted in the manner stated above will be processed and forwarded to the City

Comptroller’s Office for payment within sixty (60) days, provided the equipment, materials, supplies and/or services have been delivered, as directed and accepted by the City of Lawrence

FORM AND STRUCTURE OF BID

One complete copy of the bid must be submitted in a sealed envelope and labeled as follows: Library Books.

To be considered a complete bid, bidders must include all of the following in their submittal. The bid must be organized in the following manner:

Respondent’s Checklist (Page 3)

Letter of Transmittal. Each bid shall include a letter of transmittal, not to exceed two pages in length, which bears the signature of an authorized representative of the prime Vendor and designates by name not more than two (2) individuals who will execute the contract with Lawrence on behalf of the prime Vendor. The letter of transmittal shall also state that the proposal will remain in effect for a period of thirty (30) calendar days after the deadline for submission of proposals.

Statement of Bidder’s Qualifications. This form must be completed and submitted with the bid.

Bid Price Sheet. This form MUST be properly completed and submitted with your bid.

Absolutely no changes to this form will be accepted and will result in the rejection of your bid.

Required Forms. In this section shall be a fully completed and signed Clerk Certificate, Certificate of Non-Collusion, Certificate of Tax Compliance and W9 Form.

EVALUATION OF BIDS

These specifications contain Quality Requirements that will be applied to all bidders in order to be considered responsive and responsible. A responsive bidder is a bidder who has submitted a bid that conforms in all respects to the invitation for bids. A responsible bidder is a bidder who has the capability to perform fully the contract requirements and the integrity and reliability that assure good faith performance.

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All bids submitted in response to this IFB will be evaluated in accordance with the provisions established under Massachusetts General Law Chapter 30B, the Uniform Procurement Act. Bidders will be required to adhere to the guidelines established under this statute.

REJECTION OF BIDS

The City of Lawrence reserves the right to reject any and all bids received in response to this IFB. The City also reserves the right to waive any informality. A bidder’s bid may be rejected if the bidder:

1. Fails to adhere to one or more of the provisions established in this IFB.

2. Fails to submit its bid at the time and in the format specified herein or to supply the minimum information requested.

3. Fails to meet unconditionally or is unable to demonstrate competence to meet the mandatory technical and business specifications required by this IFB or fails to submit the required bid deposit or bid bond.

4. Fails to submit its bid to the required address on or before the deadline date established by the Transmittal Letter.

5. Misrepresents its products or provides demonstrably false information in its bid, or fails to provide material information.

6. Fails to submit the required Certificate of Non-Collusion, Tax Compliance, Clerk Certificate and W9

Form as detailed in Form and Structure of Bid in Section 2 of this IFB.

7. Individual or company owes taxes that are in arrears or has defaulted on a payment plan with the City of Lawrence.

8. Provides or offers conditional or alternate pricing not asked for in this IFB.

CONTRACT AWARD

Separate contracts shall be awarded, pursuant to M.G.L. c.30B, to the responsive and responsible bidder offering the lowest total price per item.

These specifications are in anticipation of funding. All contracts are voided if funds are not available.

In case a party to whom a Contract is awarded shall fail or neglect to execute the Contract within 14 days (Saturday’s, Sunday’s and Holiday’s excluded), the City may determine that the Bidder has abandoned the Contract and may award the contract to the next lowest bidder. THIS CLAUSE

WILL BE STRICTLY ENFORCED.

USE OF TRADE NAMES

The use of a proprietary or trade name in any description of equipment, materials or supplies in this IFB is not intended to restrict this IFB to the manufacturer or proprietor; instead it is intended only to describe, by convenient reference to familiar products, the features or characteristics required by the City of Lawrence. Further, the use of any trademark in any description of equipment, materials or supplies does not constitute any endorsement of the product by the City of Lawrence.

Any item that is the equivalent, in style, quality dimensions and color, to the brand specified will be acceptable to the City of Lawrence. Items not marked on the cost bid form, as being

City of Lawrence Library Books IFB Page 7 equivalent shall be evaluated as being the item specified and be ordered as such, if an award is made. The City of Lawrence will be the sole judge as to the fitness of any equivalent item for the purpose intended in this bid.

CITY OF LAWRENCE STANDARD CONTRACT

These specifications contain a copy of the City of Lawrence Standard Contract that the successful bidder will be required to sign upon notification of contract award. The City of Lawrence Standard Contract must be executed prior to the start of services.

Software License Agreements and Leases may be incorporated into the Standard Contract and are subject to the approval of the City Attorney. Any software licensing agreements or leases that are to be part of the Standard Contract, must be included with the bid documents in order to allow the City Attorney to review the agreement(s) or lease(s), prior to awarding of the contract(s).

ORDERS

Verbal Orders are not binding on the City of Lawrence and any delivery made or work performed without written order or written Contract are at the risk of the Seller or Contractor and may result in an unenforceable claim. The actual needs of City Departments shall govern the actual amount delivered under Contract to be drawn and entered into between the successful bidder and the City. Purchase Orders issued by the City to pay for goods or services shall be made part of the contract.

INVOICING REQUIREMENTS

All invoices are to be submitted in duplicate to the Lawrence Public Schools, North Common Education Complex, 233 Haverhill Street, Lawrence, MA 01841, Attention: Accounts Payable. Only invoices referencing a valid purchase order, authorized by the City of Lawrence’s Purchasing Agent and Comptroller, will be processed for payment.

To ensure a proper invoice, the invoice must include the following information and/or attached documentation:

1. Name of the business concern, invoice number and invoice date;

2. Contract number, or authorization for delivery of property or performance of services;

3. Description, price, quantity and services/supplies actually delivered or rendered;

4. Shipping and payment terms;

5. Name (where practicable), title, phone number, and complete mailing address of responsible official to who payment is to be sent; and

6. Other substantiating documentation or information as required by the contract.

City of Lawrence Library Books IFB Page 8

QUALITY REQUIREMENTS

City of Lawrence may disqualify any response that does not meet the minimum qualification requirements. A failure to respond to any of the following minimum standards may result in disqualification of your bid.

QUALITY REQUIREMENTS

YES

NO

1.

No documentable record of non-performance or significant unsatisfactory performance?

Bidders must list any unsatisfactory or non-performance reports against them by any Massachusetts municipalities. Listed shall be the reporting municipality, contact person & telephone number.

2.

Bidder has been engaged in the regular business of book sales, either wholesale or retail for more than five (5) years?

3.

Bidder can ship books awarded upon receipt of an authorized purchase order?

4.

Bidder has submitted a complete proposal with all required documents signed; i.e. Non Collusion, Tax Compliance, Clerk Certificate, Bidder’s Qualifications Form and W9; as instructed in Form and Structure of Bid in this IFB?

In order to provide verification of affirmative responses to items 1 - 4 under the qualification requirements listed above, bidders must submit written information that details the general background, experience and qualifications of the organization. Subcontractors, if applicable, must be also included.

City of Lawrence Library Books IFB Page 9

SECTION 3 PRICE SHEET

ESTIMATED QUANTITIES: The below estimated quantities do not guarantee the actual amount that will be purchased during the year, but the total amount will be used in determining and evaluating the low bidder.

Extraneous numbers, prices, comments, etc., appearing elsewhere on this shall be deemed to have no effect on the prices offered in the designated locations. No oral, telegraphic, telephonic or facsimile bids will be considered.

Purchases will be put into effect in the form of a purchase order executed by the City of Lawrence Chief Procurement Officer after bids have been awarded. The City of Lawrence will not be responsible for any goods delivered, or services performed without an authorized purchase order from the City of Lawrence Purchasing Department.

All products must be new and unused, unless otherwise specified, in first-class condition and of current manufacture. Design, strength, quality of materials and workmanship must conform to the highest standards of manufacturing and engineering practice.

# ISBN # TITLE

UNIT

PRICE

QTY EXT PRICE

1-457-62890-2 13: 9781457628900

BEDF 2014 Sources for Americas History to 1877 Vol. 1 (P)

$ 2 $

1-457-62891-0 9781457628917

BEDF 2014 Sources for Americas History Sources since 1865 Vol. 2 (P)

$ 2 $

1-457-65174-2 13: 9781457651748

BEDF 2014 Americas History Teacher Edition (High School) (P)

$ 2 $

0-321-80924-6 13: 9780321809247

Pren 2014 Chemistry A Molecular Approach

$ 100 $

0-06-239734-6 13: 9780062397348

Harp 2015 Peoples History of the United States 1492 to AD (P)

$ 100 $

1-457-62893-7 13: 9781457628931

BEDF 2014 Americas History W/Intergrated Media (High School Ed)

$ 100 $

0-06-231500-5 13: 9780062315007

Harp 2014 Alchemist AD (P) $ 500 $

0-7434-7756-1 13: 9780743477567

SIMO 2004 Merchant of Venice Y/A (P)

$ 300 $

0-321-71535-7 13: 9780321715357

ADDI 2014 College Physics $ 20 $

0-13-364749-8 13: 9780133647495

Pren 2009 Conceptual Physics $ 30 $

1-68240-455-2 13: 9781682404553

AMSC 2016 United States History Preparing for the exam (P)

$ 50 $

1-256-74147-7 13: 9781256741473

PREN 2013 CME Algebra 2 Common Core

$ 110 $

1-256-74181-7 13: 9781256741817

PREN 2013 CME Algebra 2 Common Core (Teachers)

$ 2 $

1-457-60606-2 13:9781457606069

BEDF 2013 Everythings and Argument (P)

$ 113 $

City of Lawrence Library Books IFB Page 10

PRICE

QTY EXT PRICE

15 978007872654-5 Glencoe Health Student Edition (National)

$ 30 $

16 978-0-07-872657-6 Glencoe Health National Teacher Wraparound Edition

$ 1 $

17 978-0-06-239734-8 Howard Zinn $ 50 $

18 9780316769174 The Catcher in the Rye $ 110 $

19 9780743477123 The Tragedy of Hamlet, Prince Of Denmark

$ 110 $

20 9781501117015 The House of The Spirits : $ 110 $

21 9780140268867 The Odyssey $ 110 $

22 9781400033416 Beloved : $ 110 $

23 9780141321097 The Adventures Of Huckleberry Finn

$ 110 $

24 9780143039433 The Grapes of Wrath $ 110 $

25 9780618706419 The Things They Carried : $ 110 $

26 9780345350688 The Autobiography of Malcolm X $ 110 $

27 978-1402754210 Classic Starts Peter Pan $ 100 $

28 978-0698113824 Lon Po Po $ 50 $

29 978-1587170003 Aesop’s Fables Face to Face with Wolves

$ 50 $

30 978-1426306983 Face to Face with Wolves $ 50 $

31 978-1553379546 One well: The Story of Water on Earth

$ 50 $

32 978-0545278492 Eight Days: A Story of Haiti $ 40 $

33 978-0141312354 Frightful’s Mountain $ 40 $

34 978-1400064168 Unbroken: A World War II Story of Survival, Resilience, and Redemption

$ 40 $

35 978-0345511010 A Mighty Long Way: My Journey to Justice at Little Rock Central High School

$ 40 $

36 978-0756545123 Little Rock Girl 1957: How a Photographer Changed the Fight for Integration

$ 40 $

37 978-1598454208 Poison Dart Frogs $ 55 $

38 978-1433957444 Deadly Poison Dart Frogs $ 55 $

39 978-0756682323 Everything You Need to Know about Frogs and Other Slippery Creatures

$ 55 $

City of Lawrence Library Books IFB Page 11

PRICE

QTY EXT PRICE

40 978-1607270690 Bullfrog at Magnolia Circle $ 55 $

41 978-0374403454 All the Small Poems and Fourteen More

$ 55 $

42 978-0375837289 Magic Tree House #37:Dragon of the Red Dawn

$ 33 $

43 978-0375830341 Magic Tree House #33: Carnival at Candlelight

$ 33 $

44 978-0375830327 Magic Tree House #34: Season of Sandstorms

$ 33 $

45 978-0375867958 Magic Tree House #45: A Crazy Day with Cobras

$ 33 $

46 978-1600146749 Exploring Countries: Japan $ 50 $

47 978-1600146732 Exploring Countries: Italy $ 33 $

48 978-1600145551 Exploring Countries: India $ 33 $

49 978-1600145926 Exploring Countries: Iraq $ 33 $

50 978-0736848176 The Iroquois: The Six Nations Confederacy

$ 100 $

51 978-0141301693 Eagle Song $ 100 $

52 978-0153052125 The Keeping Quilt $ 5 $

53 978-0802853028 A River of Words: The Story of William Carlos Willi

$ 5 $

54 978-1429672139 The Scoop on Clothes, Homes, and Daily Life in Colonial America

$ 100 $

55 978-0590451604 If You Lived in Colonial Times $ 100 $

56 978-1604130898 Animal Behavior: Animal Defense $ 5 $

57 978-1581960433 Venom $ 5 $

58 978-1429679961 Can You Survive in the Wilderness? An Interactive Survival Adventure

$ 5 $

59 978-0792258674 Divided Loyalties: The Barton Family during the American Revolution

$ 5 $

60 978-1554510870 The Inuit Thought of It: Amazing Arctic Innovations (We Thought of It)

$ 40 $

61 978-0786838653 The Lightening Thief $ 15 $

62 978-0440406945 D’Aulaires Book of Greek Myths $ 3 $

63 978-0761156079 World Without Fish $ 40 $

64 978-0375861253 Flush $ 40 $

City of Lawrence Library Books IFB Page 12

PRICE

QTY EXT PRICE

65 978-1590787847 Nadia’s Hands $ 3 $

66 978-0446314862 The Kill a Mocking Bird $ 35 $

MOVIE/Dir. Robert Mulligan

The Kill a Mocking Bird (movie) $ 1 $

TOTAL BID PRICE $ ______________________________

Expected delivery time following receipt of purchase order ___________________________

This bid includes addenda numbered ______

(Date)

(Name of General Bidder)

By_______________________________________ (Name of Person Signing Bid and Title)

(Business Address)

(City and State)

(Telephone) (Fax)

(Email Address)

City of Lawrence Library Books IFB Page 13

SECTION 4 STATEMENT OF BIDDER’S QUALIFICATION

This form must be completed and submitted with the bid.

Statement of Qualification

This statement is to certify that _______________________________ has been in the business (Company name) of _________________________________________________________________________ (Service(s) provided) for a period of ________ years. We, ________________________________, have the ability to

(Company name) perform the type, magnitude and quality of work within the scope of for the services specified herein. This company ____ has ____ has not been involved in any bankruptcy proceedings within the last five years. (If the company has been involved in bankruptcy proceedings, please give a detailed description below.) This company _______________has not undergone a name change within the last five years. (If the company name has changed, please provide a detailed description below.) This company can provide evidence of financial solvency.

Contractor Ability/Description:

Bankruptcy proceedings:

Name change information:

I certify to the best of my knowledge that all information above is true and correct.

Authorized Signature Position in Company

Date

City of Lawrence Library Books IFB Page 14

SECTION 5 CLERK CERTIFICATE

Clerk Certificate

Authorization to Sign Contract

At a duly authorized meeting of the Board of Trustees/Directors of the

___________________________________________________________ held on Name of Organization

____________________ at which all the Trustees/Directors were present and waived Date notice, it was VOTED, that ____________________________, ________________________ Name Officer of this organization, is authorized to execute contract in the name and behalf of said organization, and affix its corporate seal thereto; and such execution of any contract or obligation in this organization’s name on its behalf by such ________________________________ under the Officer seal of the organization shall be valid and binding upon this organization.

I hereby certify that I am the clerk of the __________________________________ Name of Organization and that ______________________ is the duly elected _____________________________ Type name Officer of said organization, and that the above vote has not been amended or rescinded and remains in full force and effect as of this date.

Corporate Seal Here:

(if no seal, print “none”) Signature

Type name

Date Title

City of Lawrence Library Books IFB Page 15

SECTION 6 CERTIFICATE OF NON-COLLUSION

Must be submitted with the bid

Certificate of Non-Collusion

The undersigned certifies under the penalties of perjury that this bid or bid 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.

Signature of person submitting contract/bid Date

Name of Business

City of Lawrence Library Books IFB Page 16

SECTION 7 CERTIFICATE OF TAX COMPLIANCE

Certificate of Tax Compliance

Pursuant to M.G.L. c. 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.

Social Security Number or Signature of Individual or Federal Identification Number Corporate Name

Corporate Officer (if applicable)

City of Lawrence Library Books IFB Page 17

SECTION 8 W9 FORM

W9 Form immediately follows this page.

City of Lawrence Library Books IFB Page 18

SECTION 9 STANDARD CONTRACT

CITY OF LAWRENCE

STANDARD CONTRACT

This AGREEMENT made as of by and between

, hereinafter referred to as “the

Contractor”, and the CITY OF LAWRENCE, MASSACHUSETTS, a municipal corporation organized and existing under the laws of the Commonwealth of

Massachusetts, hereinafter referred to as “the City.”

WITNESSETH THAT:

WHEREAS, the City desires to engage the Contractor to render certain services hereafter described, NOW THEREFORE, the parties hereto do mutually agree as follows;

**GENERAL PROVISIONS**

1. Employment of Contractor. The City agrees to engage the services of the

Contractor and the Contractor agrees to perform the services hereinafter set forth.

2. Scope of Services. The Contractor shall do, perform, and carry out, in a satisfactory and proper manner, as determined reasonable and fairly by the City, the tasks described within Schedule A, Scope of Services, attached hereto and made a part hereof.

The City shall have a reasonable opportunity to inspect all services performed by and work product of the Contractor and accept or reject such service or work product.

3. Directives Within Scope of Services. The above tasks and items are not intended to be all inclusive. The City may add to or delete any items, provided that any added items are of a similar nature, and provided that the total cost of such work does not exceed the total cost as specified in Paragraph 8 hereof. The Contractor shall undertake such work only upon the direction of the City. All directives and changes thereof in conformance with this Agreement shall be in written form, prepared and signed by the City and accepted and countersigned by the Contractor or his authorized representatives. Any added tasks or items which are not agreed to be within the Scope of Services by both the City and the Contractor, or which will incur costs beyond the total cost specified in Paragraph 8, shall be handled in accordance with Paragraph 13 hereof.

City of Lawrence Library Books IFB Page 19

4. Data to be furnished to Contractor. All information, data and reports as are existing, available, and necessary for the carrying out of work, shall be furnished to the Contractor upon request without charge by the City, and the City shall cooperate with the Contractor in the carrying out of the Scope of Services.

5. Personnel. (a) The Contractor represents that he has, or will secure at his own expense, all personnel required for the performance of the services under this

Agreement. Such personnel shall not be employees of or have any contractual relationship with the City except as employees of the Contractor. (b) All of the services required hereunder will be performed by the Contractor or under his supervision, and all personnel engaged in the work shall be fully qualified and shall be authorized under State and local law to perform such services. ( c ) None of the work or services covered by the Agreement shall be subcontracted without the prior written approval of the City.

5.1. The Contractor certifies that it is not disbarred, suspended, or otherwise excluded from receiving funds or bidding on any project by any State or Federal Agency.

6. Waiver of Workmen’s Compensation and Unemployment Compensation

Benefits. It is agreed that the Contractor and Contractor’s employees, agents, servants or other persons for whose conduct the contractor is responsible shall not be deemed to be employees of the city and shall not file any claim nor bring any action for any workmen’s compensation or unemployment benefits and compensation for which they may otherwise be eligible as a result of work performed pursuant to the terms of this Agreement.

6.1 The Contractor is retained solely for the purposes of and to the extent set forth in this Contract. Contractor’s relationship to the City during the term of this

Contract shall be that of an independent Contractor. The Contractor shall have no capacity to involve the City in any contract nor to incur any liability on the part of the city. The Contractor, its agents or employees shall not be considered as having the status or pension rights of an employee; provided that the Contractor shall be considered an employee for the purpose of General Laws c. 268A

(the Conflict of Interest Law). The City shall not be liable for any personal injury to or death of the Contractor, its agents or employees.

7. Duration. The services of the Contractor are to commence as of the date first written above and shall be undertaken and completed in such sequence as to assure their expeditious completion in light of the purposes of this Agreement.

All of the services required pursuant to Schedule A, Scope of Services, herein shall be completed pursuant to Schedule C, Work Program and Schedule. Any changes in performance dates shall be handled in accordance with paragraph 13, herein. Additional services may be requested at the option of the City, which shall be completed by such date as may be established by the City at the time of authorization subject to mutual agreement of the parties thereto.

City of Lawrence Library Books IFB Page 20

7.1 It is understood and agreed that all specified times or periods of performance are of the essence of this Contract.

8. Compensation. The City agrees to pay the contractor the compensation specified in Schedule B, Compensation and Method of Payment, which is attached hereto and made a part hereof, for the above services which shall constitute complete compensation for all services rendered and for such reimbursable expenses as authorized per paragraph 9, Reimbursable Expenses. Appropriate sums will be paid, subject to receipt of a detailed requisition for payment from the Contractor specifying that he has performed the work and incurred authorized reimbursable costs under this Agreement in conformance with the Agreement, and that he is entitled to receive the amount requisitioned under the terms of the Agreement and approval of said requisition by the City department responsible for payment of this Contract.

8.1 The Contractor may, in the absence of a payment schedule, periodically submit to the Official invoices, itemizing service, labor and expenses for which compensation is due and requesting payment for services rendered by the

Contractor during the period covered by the invoice.

8.2 Acceptance by the Contractor of payment from the City for final services under this Contract shall be deemed to release forever the City from all claims and liabilities.

9. Reimbursable Expenses. The City agrees to reimburse the Contractor only for those direct costs incurred by the Contractor pursuant to the performance of work under this Agreement as set forth and authorized within Schedule B, Compensation and Method of Payment, herein. As the City is exempt from sales tax, sales tax charges are not reimbursable by the City.

9.1 In the event that this Contract provides for reimbursement by the City to the

Contractor for travel or other expenses, the Contractor shall submit such proposed expenses to the Official for approval prior to the incurrence of such expenses.

10. Termination of Agreement for Cause. If, through any cause, the Contractor shall fail to fulfill in a timely manner all obligations under this Agreement, or in the

Contractor shall violate any or all of the provisions of this Agreement, the City shall thereupon have the right to terminate this agreement by written notice to the Contractor of such termination specifying the effective date thereof at least five (5) days before the effective date of such termination. Cause shall also include, but not be limited to, dissolution, termination of existence, insolvency, appointment of receiver of any property, assignment for the benefit of creditors, or commencement of any proceeding under any bankruptcy or insolvency laws by or against the Contractor. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or

City of Lawrence Library Books IFB Page 21 other material prepared by the Contractor under this Agreement shall, at the option of the City, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other material.

Notwithstanding the above, the Contractor shall not be relieved of liability to the

City for damages sustained by the City by virtue of any breach of the Agreement by the Contractor, and the City may withhold any payments to the Contractor for the purposes of setoff until such time as the exact amount of damages due the

City from the Contractor is determined.

11. Termination for Convenience of City. The City may terminate this Agreement at any time by giving written notice to the Contractor of such termination and specifying the effective date of such termination. In that event, all finished or unfinished documents and other materials as described in Paragraph 11 above shall, at the option of the City, become its property. If the Agreement is terminated by the City as provided herein, the Contractor will be paid an amount which bears the same ratio to the total compensation as the services actually performed actually bear to the total services of the Contractor covered by this

Agreement, less payments of compensation previously made.

12. Changes. The City may from time to time require changes in the Scope of

Service of the contractor to be performed hereunder. Such changes, including any increase or decrease in the amount of the Contractor’s compensation or any change in the work schedule, which are mutually agreed upon by and between the

City and the Contractor, shall be incorporated in written amendments to this

Agreement.

13. If the Contractor shall provide services in a manner which is not to the satisfaction of the City, the City may request that the Contractor refurnish services at no additional cost to the City until approved by the City. If the Contractor shall fail to provide services or shall provide services which are not satisfactory to the City, the City, in the alternative, may make any reasonable purchase or Contract to purchase services in substitution for those due from the Contractor. The City may deduct the cost of any substitute Contract or nonperformance of services with incidental and consequential damages from the Contract price and shall withhold such damages from sums due or to become due to the Contractor.

13.1 If the damages sustained by the City exceed sums due or to become due, the

Contractor shall pay the difference to the City upon demand.

13.2 The Contractor shall not be liable for any damages sustained by the City due to the Contractor’s failure to furnish services under the terms of this Contract if such failure is in fact caused by the occurrence of a contingency with the nonoccurrence of which was a basic assumption under which this Contract was made, including but not necessarily limited to a state of war, act of enemies, City of Lawrence Library Books IFB Page 22 embargoes, expropriation of labor strike or any unanticipated federal, state or municipal governmental regulation of order, provided that the Contractor has notified the official in writing of such cause within fourteen (14) days after its occurrence.

14. Incorporation of Non-Discrimination Laws and Requisitions. It is understood and agreed that if this Agreement is funded in whole or in part by Federal money, that the Contractor is expected, and hereby agrees, to comply with all laws, ordinances, and duly promulgated regulations applicable to contracts of such a nature.

15. Interest of Members of the City. No officer, member, or employee of the City and no members of its governing body of the locality or localities in which the project is situated or being carried out who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of this project, shall participate in any decision relating to this Agreement which affects his personal interest or the interest of any corporation, partnership, or association in which he is, directly or indirectly interested or has any personal or pecuniary interest, direct or indirect, in this Agreement or the proceeds thereof. The Contractor’s attention is specifically called to the Conflict of Interest Law, M.G.L. c. 268A.

16. Interest of Contractor. The Contractor covenants that he has neither presently nor during the period of this Agreement shall have any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under this Agreement. The Contractor further covenants that in the performance of this Agreement no person having any such interest shall be employed. Conflicts of interest include, but are not limited to: (a) family relationships with officials of the City, (b) instances where the Contractor during the period covered by the Agreement was connected as an officer or employee of the City, (c ) instances where the Contractor has an interest in the Community

Development Department or any parcels of land therein, covered by the work to be performed under this Agreement.

17. Assignability. The Grantee shall not assign any interest in this Agreement and shall not transfer any interest in the same (whether by assignment or novation) without the prior written consent of the City thereto.

18. Findings Confidential. Any reports, information, data, etc. given to or prepared or assembled by the contractor under this Agreement which the City requests to be kept as confidential shall not be made available to any individual or organization by the Contractor without the prior written approval of the City.

19. Officials Not to Benefit. (Applicable to Contracts Pertaining to Community

Development Department) No Members or Delegates to the Congress of the

United States of America, and no Resident Commissioner, shall be admitted to any share or part hereof or to any benefit to arise herefrom.

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20. Identification of Documents. (Applicable to Contracts Pertaining to Community

Development Department) All reports, maps, and other documents completed under this Agreement other than documents exclusively for internal use within the City, shall carry the following notation on the front cover or title page, (or in the case of maps, in the title block):

“The preparation of this (report, map, document, etc.) was financially aided through the Department of Planning and Community Development of the City of Lawrence.”

21. Publication, Reproduction and Use of Material. (a) Material produced in whole or in part under this Agreement shall not be subject to Copy right, except by the

City, in the United States or in any other country. The City or its duly authorized representatives have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, or other materials prepared under this Contract. (b) The Contractor hereby agrees to provide to the City copies of the draft of the report, and associated material, in sufficient number, as may be requested by the City for review and/or working purposes. (c ) The

Contractor hereby agrees to provide copies of the final report as indicated in

Schedule A, Scope of Services.

22. Commission Prohibited. The Contractor warrants that he has not employed any person to solicit or secure this Agreement upon any agreement for a commission, percentage, brokerage, or contingent fee. Breach of this warranty shall give the

City the right to terminate this Agreement, or, in its discretion, to deduct from the Contractor’s fee the amount of such commission, percentage brokerage, or contingent fee.

23. This Contract is made subject to all laws of the Commonwealth of

Massachusetts.

24. The Contractor shall provide, all its sole expense, all necessary licenses, permits of other authorizations required by the City, the Commonwealth of Massachusetts or any other governmental agency with proper jurisdiction.

25. The Contractor shall where applicable take out and maintain during the term of this agreement such Workmen’s Compensation Insurance as may be reasonably necessary to protect the Contractor from claim under General Laws c. 152

(the Workmen’s Compensation Law).

26. The Contractor agrees and shall require any subcontractor to agree not to discriminate in connection with the performance of work under the Contract against any employee or applicant for employment because of sex, race, religious creed, national origin or age. The contractor agrees and shall require any sub-contractor to agree to post in conspicuous places notices to be provided by the

City of Lawrence Library Books IFB Page 24

Massachusetts Commission Against Discrimination, setting forth provisions of the Fair Employment Practice Law of the Commonwealth.

27. The Contractor shall keep himself fully informed of all City Ordinances and

Regulations, and State and Federal laws which in any manner affect the work herein specified. The Contractor shall at all times observe and comply with said ordinances, regulations or laws, and shall protect and indemnify the City, its officers, agents and employees against any claim or liability arising from or based on the violations of such ordinances, regulations or laws, caused by the negligent actions of the Contractor, his agents or employees.

28. Audit and Inspection. (a) At any time during normal business hours, and as often as the City, HUD/or representatives of the Comptroller General of the

United States may deem it necessary, there shall be made available to audit, examine and make excerpts or transcripts, all records, contracts, invoices, materials, payrolls, records or personnel conditions of employment and other data relating to all matters covered by the Contract. (b) For a period of three years after final payment under this Agreement, the Contractor shall make its work papers, records and other evidence of audit available to the City or its duly authorized representatives.

29. The Contractor shall furnish such information, estimate or vouchers relating to the services or to documentation of labor or expenses as may be requested by the Official.

30. The Contractor shall pay and be exclusively responsible for all debts for labor and material contracted for by Contractor for the rental of any appliance or equipment hired by Contractor and/or for any expense incurred on account of services to be performed under this Contract.

31. The Contractor shall bear all loss resulting from any cause before performance of service if the service or work product fails to conform to specifications.

32. The Contractor shall assume the defense of and hold the City, its officers, agents or employees, harmless from all suits and claims against them or any of them arising from any act or omission of the Contractor, its agents or employees in any way connected with performance under this Contract.

33. This Contract is subject to the availability of an appropriation therefor.

33.1 If the Contract is funded under a grant with the Federal Government, it is being executed without further appropriation pursuant to General Laws c.44, s. 53A.

33.2 When the amount of the City Auditor’s certification of available funds is less than the face amount of the Contract, the City shall not be liable for any claims or requests for payment by the Contractor which would cause total claims or

City of Lawrence Library Books IFB Page 25 payments under this Contract to exceed the amount so certified.

34. Any waiver, expressed or implied, by the City or the Official of any rights, terms or conditions of this Contract shall not operate to waive such rights, terms or conditions or any other rights, terms or conditions, beyond the specific instance of waiver.

35. Attachments. Attached hereto are the following schedules which are incorporated into this Agreement and made a part hereof:

Schedule A - Scope of Services

Schedule B - Compensation and Method of Payment

Schedule C - Work Program and Schedule

Schedule D - Attestation Pursuant to M.G.L. c.62c, sec.49A

Schedule E - Certificate of Good Standing

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SCHEDULE A

SCOPE OF SERVICES

City of Lawrence Library Books IFB Page 27

SCHEDULE B

COMPENSATION AND METHOD OF PAYMENT

Invoices are to be submitted to the ordering department, Attention: Accounts Payable.

Only invoices referencing a valid purchase order, authorized by the City of Lawrence’s

Purchasing Agent and Comptroller, will be processed for payment.

All invoices submitted for payment must have the Name of the business concern, invoice number and invoice date; Contract number, or authorization for delivery of property of performance of services; Description, price, quantity and services actually delivered or rendered; Shipping and payment terms; Name (where practicable), title, phone number, and complete mailing address of responsible official to who payment is to be sent; and any other substantiating documentation or information as required by the contract. These invoices will be processed and forwarded, to the City Comptroller’s Office, for payment, within sixty (60) days, provided the materials, supplies and/or services have been delivered and/or rendered, as directed, and accepted by the City of Lawrence.

The amount of this contract shall not exceed $

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SCHEDULE C

DELIVERABLES AND SCHEDULE

City of Lawrence Library Books IFB Page 29

SCHEDULE D

LEGISLATION ENACTED BY THE COMMONWEALTH OF MASSACHUSETTS,

EFFECTIVE JULY 1, 1983, REQUIRES THAT THE ATTESTATION BELOW BE

SIGNED.

A T T E S T A T I O N

Pursuant to M.G.L. Ch. 62C, Sec. 49A, I certify under the penalties of perjury that I, to my best knowledge and belief have filed all state tax returns and paid all state taxes required under law.

*Signature of Individual **Social Security Number or Corporate Name (Mandatory) (Voluntary) or Federal Identification Number

By:_________________________ Date:______________________________

Corporate Officer

(Mandatory, if Applicable)

* Approval of a contract or other agreement will not be granted unless this certification clause is signed by the applicant.

** Your social security number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment of obligations. Providers who fail to correct their non-filing or delinquency will not have a contract or other agreement issued, renewed, or extended.

This request is made under the authority of Mass. G.L.C. 62C, S. 49A.

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SCHEDULE E

STATEMENT OF GOOD STANDING

In accordance with State and Federal regulations, I ________________________ hereby certify that we are not disbarred, suspended or otherwise excluded from receiving funds or bidding on any project by any State or Federal agency.

Signature Date

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**SIGNATORIES**

IN WITNESS WHEREOF the parties hereto have executed this Agreement in quadruplicate as of the day first written above in the City of Lawrence, Essex County, Massachusetts.

CONTRACTOR CITY OF LAWRENCE

Reviewed and Authorized by:

By______________________________

Date

By____________________________

Department Head Date

I hereby certify this contract complies with the provisions of M.G.L. Chapter 30B:

By______________________________ By____________________________

Procurement Officer Date Mayor Date

APPROVED AS TO FORM:

By_______________________________

City Attorney Date I hereby certify that an appropriation is available for and encumbered against this contract in the amount of:

Fund

Account This contract is subject to the availability of an appropriation. No payments shall be

Processed without a fully executed purchase order certifying that funds are available for said purchase.

By____________________________

Comptroller Date