Search

18.

19.

20.

21.

22.

23.

24,

25.

Article VII(

Assignment

Neither party shall assign, transfer or otherwise dispose of this AGREEMENT or any of its rights
hereunder or otherwise delegate any of its duties hereunder without the prior written consent
of the other party, Any such attempted assignment or other disposition without such consent
shall be null and void and of no force and effect.

Article IX

Indemnification

The Vendor agrees to indemnify and save MAPC, GBPC, and the Buyers harmless from any and
all manner of suits, claims, or demands arising out of any errors, omissions or negligence by
the Vendor (including ail its employees or agents) in performing under this AGREEMENT, or any
breach of the terms of this AGREEMENT, which constitute an obligation of ihe Vendor. The
Vendor shall reimburse MAPC, GBPC, and the Buyers for any and all costs, damages, and
expenses including reasonable attorney's fees which MAPC, GBPC, and the Buyers pays, or
becomes obligated to pay, by reason of such activities or breach. The provisions of this Section
shalt be in addition to and shall not be construed as a limitation on any other fegal rights of
MAPC, GBPC, and ihe Buyers expressed or not expressed in the RFP and with respect to this
AGREEMENT.

Articte X
Insurance
Before performing under this AGREEMENT, the Vendor shall obtain, and shall maintain
throughout the term of this AGREEMENT, insurance at limits specified in the RFP and provide

written documentation of such in the form specified in the RFP.

The Vendor shall give MAPC 20 days (twenty) written notice and copies of documentation in the
event of any change or cancellation of coverage.

Articie X!
Termination of Agreement
Either MAPC or the Vendor may terminate this AGREEMENT for cause upon written notice given
by the non-defaulting party. For the purposes of this provision, “cause” shall include the faiture

of a party to fulfill its material duties hereunder in a timely and satisfactory manner.

MAPC shall have the right to terminate this AGREEMENT for its convenience upon fourteen (14)
calendar days of written notice.

Following termination of this AGREEMENT, the parties shall be relieved of all further obligations
hereunder except that:

MAPC shall not be liable for payments for the services and/or expenses or lost profits of the
Vendor in the event of termination.

26.

27.

28,

29.

30,

The Vendor shall remain liable for any damages, expenses or liabilities arising under this
AGREEMENT (including ils indemnity obligations) with respect to work performed pursuant to
the AGREEMENT.

Article Xl
Entirety of Agreemen

This AGREEMENT, together with its Exhibits, the RFP referenced above and its Addenda, the
required supplemental documents and any additional exhibits, constitute the entire
AGREEMENT between MAPC and the Vendor with respect to the matters set forth therein and
may not be changed (amended, modified or terms waived) except by a writing signed by both
parties. Any notices required or allowed shail be sent by recelpt-verified mail, email, fax or
courier to the persons designated In Exhibit A.

The provisions of the RFP and the Vendor's Proposal are incorporated herein by reference. in
the event of any conflict among the Contract Documents, the documents shall be construed
according to the following priorities:

Highest Priority: Amendments to Contract (if any)
Second Priority: Contract
Third Priority: Addenda to the RFP (if any)
Fourth Priority: RFP
Fifth Priority: Vendor's Proposal
Articte Xiil
Severability

In the event any provision of this AGREEMENT is found by a court of appropriate jurisdiction to
be unlawful or invalid, the remainder of the AGREEMENT shall remain and continue in full force
and effect.

Article XiV

Governing Law and Jurisdiction

This AGREEMENT shall be governed by, construed and enforced in accordance with laws of the
Commonwealth of Massachusetts. MAPC, Vendors, and Buyers agree to submit their
respective jurisdiction and venue to the state and federal courts in the Commonwealth of
Massachusetts to resolve any disputes or disagreements that may arise under any provision of
this AGREEMENT.

Article XV

Notice
31. Except as otherwise expressly provided in this AGREEMENT, any decision or action by MAPC
relating to this AGREEMENT, its operation, or termination, shall be made only by MAPC or its
designated representative identified in Exhibit A.

IN WITNESS WHEREOF, the parties have caused this AGREEMENT to be executed by their duly
authorized officers on the date written below.

For MAPC by or on behaif of the Greater Boston Police Council and its Members:

NY fii)

Signature Date
Marc Draisen
Name

Executive Director

Title
For th DOR, }

x. lle September 27, 2018
* Signature * Date

David Eycleshymer
* Name
Vice President

* Title

~ Affix Corporate Seal (or
mark “n/a’)

EXHIBITA

Notice Addressees

For MAPC:

Marc Draisen
Name

Executive Director
Title

MAPC

Organization

6Q Temple Place
Street Address
Boston, MA_02114
City, State, ZIP
617.933.0700
Phone
617.482.7185

Fax
muraisen@mapc.org

email

For the VENDOR:

David Eycleshymer
* Name

Vice President

* Title

MHO, Inc.

Organization

401 Elm Street

* Street Address

Marlborough, MA, 01752

4 City, State, ZIP
508-573-2614

* Phone

* Fax
deycleshymer@mha.com

* email

y 2]
ACCORD
ene

CERTIFICATE OF LIABILITY INSURANCE

DATE (UM/DDYYY YY}
ONI2018

=

THIS CERTIFICATE IS ISSUED AS A PAATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S}, AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLOER.

HAFORTANT: Mf the certlicate holder is an ADDITIONAL INSURED, the policytios} must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION (S WAIVED, subject to the terms and conditions of the policy, certain policias may require an endorsement. A statement on
this cortificate does not confer rights to the certificate holder in Neu of such endorsamant{s}.

PRODUCER GORTACT Brian Robillard
sr Pulman siieet FONE, an. 508-756-5159 [2 wo, 608-751-8747
Worcester MA 01606 Shovkss, carlificatas@henthygroup.com
INSURERS) AFFORDING COVERAGE HAIC
imnsuRERa: Travelers insurance Company
‘MHQ,. inc., et al HARRM INSURER B: Lloyds
401 Elm Street INSURER C
Marlborough MA 01752-4566 INSURER D:
INSURER E :
INSURER F ¢
COVERAGES CERTIFICATE NUMBER? 316862912 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHIGH THIS
CERTIFICATE MAY SE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORGED AY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIO CLAIMS.

KODE POLICY EFF] POLICY
oR TYPE OF INSURANCE ieptuaa| POLICY NUMBER gaporn imumorrrn uuirs
A 1X Tecoumercus cenerar UABIUTY y | ¥ [aapaxssune T2018 72019 | exCHOCCURRENCE 5 1,900,000
J) cLamsaane |X | occur | PREWISES (Ea conirence) | § 100.000
MED EXP (Any one person) 310,000
PERSONAL AAGV:HURY__| $ 1.000.000
GENT AGGREGATE UMIT APPLIES PER GENERAL AGGREGATE $3,000 000
X | povcy L_| BF Loc PRODUCTS -COMP/OP AGG | 3 3,000,000
OTHER $
A | AUTOMOSLE LIABILITY Y | ¥ | Apansaraty TAZO88 72019 | AMERED SINGLE Tait 1s ¢ 000.000
ANY AUTO BOOILY INJURY {Per person) | 5
"| owneo SCHEDULED
Rene Sc BOOILY INJURY (Per aceraant)| $
KX | MRED X | NONOMNED OPERTY DAMAGE 3
|X | AUTOS ONLY AUTOS ONLY ier poawen
$
¥ wyriect TAOLB 12019
A [|X] UMBRELLAUAB | X | occur ZUP: 25 ¥ EACH OCCURRENCE 5 25 000,000
X | Excess uas CLARAS-MADE AGGREGATE $25,900,000
pep | X | revennon$ won $
WORKERS CORPENSA RON | een gE f | OFM
AND EMPLOYERS" UABILITY vin ER.
ANYPROPRIGTOR/PARTHER/EXECUTIVE EL BACH ACCOENT $
OFFICERUMEMBER EXCLUDED? HIA <a
[Mandatory In 8H] EL DISEASE -EAEMPLOYEE| $
if yns, cronies unde :
DESERIBTION OF OPERATIONS dalow EL DISEASE - POLICY Lantt | 5
A | BPP sap bsiow ¥ 620-4K950488 7HQ016 THOS {515.445 645 $5 000 Deckuctitte
B | Dealers Physca! Damaga Y VOSAPO00082-02 TAQ FRO — | $437 605.464 31.000 Decuctite
Equpment Floaier Y $600,000 080 Dedyctibie

$5,000 Deductible.

Auto Only Umit: 1,000,000

DESCRIPTION OF OPERATIONS {LOCATIONS { VEHICLES [ACORO 161, Additional Remarke Schedule, may be attached lf mace space le required]
Property/Equipmant Floater for Toots - Policy 630-8K959488- $600,000 Limit, Speciat form Including Thefl. Replacement Cost, $5,000 Deducilbte.
BPP - Blanket Business Personal Property Limlt including Leased and Rented Equipment - $11,445,645, Special form inctuding Theft, Replacement Cost,

Pollution Liability - Policy# G46870533 001 Chubb Group of insurance Companies - $1,000,000/$1,000,000, Subject to $10.000 Deductible

Sea Attached...
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ASOVE GESCRIBED POLICIES SE CANCELLES BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE OELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS,
MAPC and GBPC

AUTHORIZED REPRESENTATIVE

eo fF thstis, He

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER 1D; HARRM

LOC #:
ie
ACOR ADDITIONAL REMARKS SCHEDULE Page 1 of 1
AGENCY WAMED INSURED
Hariihy insurance Group BHA, lng,, otal
e:

POLICY HUMBER Marborough MA 01752-4566
CARRIER NAIC CODE

EFFECTIVE DATE;
ADDITIONAL REMARKS

THiS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORM NUMBER: 25 FoRM TITLE; CERTIFICATE OF LIABILITY INSURANCE

** Garage Liability **
ach Accident Other Than Auto Only; 1.000,000/3,000,000
Garage Keepers Liability

Garage Keepers Liability

Loc f - 96-100 Gold Star Worcester, MA: $1,000,000
Loc 2 - 110-112 Gold Star Worcester, MA: $400.000

Loc 4 - 29 Glennie St Worcester, MA ; $1,000,000

Loc $- 401 Elm St Marborough, MA: $7,250,000

Loc 6 ~ 112-114 Gokistar, Worcester, MA: $875.000

Loc 7 -t - 18 Industrial Park, East, Oxford, MA: $602.000
Loc 7-2 - 12 industriat Park, East, Oxford, MA: $365,000
Loc. 8 -— 6 Viking Road, Webster, MA: $106,000

“* Supplemental Names °°

Automotive Management Inc,

Harr Imports Inc dba Harr Toyola Scion DBA HARR Loan Express
EJR Real Estale Trust

MHO Truck Equipment

MHO Pdunicipal Vobiclas of CT MHQ Supply Inc

EJR Assocates United Partnership

The Ham Motor Company DBA Loan Express DBA Harr Imports, inc.
Charlas K. Ridakoff, Il

Certificate holder ts included as Additional Insured 2s respects General (iabitity, Auto Liability and Excess Liability, on a primary and on-cantributory basis for
ongoing and completed operations, where required by wniten contract, subject to the forms, conditions, and provisions of the paficies. A Waiver of Subrogation
appiles on the Ganeral Liabillty and Auto Liability when required by writlan contract,

MAPC {téelropalitan Ares Planning Council) and GBPC (Greater Boston Police Council} shall be named as additional insured at the Ume of and for the duration
‘of contract,

ACORB 101 (2008/01) ® 2068 ACORD CORPORATION. Ail rights reserved.
The ACORD name and loge are ragistared marks af ACORD

MAP

METROPOLITAN AREA PLANKING COUNCIL

SMART GROWTH AND REGIONAL COLLABORATION

August 27, 2019

David Eycleshymer

Vice President

MHQ, Inc.

401 Elm Street
Marlborough, MA 01752

Re: RFP # GBPC 2019 Public Service Vehicles
Contract Extension

Dear David:

Please accept this letter as notice that the Metropolitan Area Planning Council (“MAPC"), in
accordance with Section 3.7 of the contract referenced above, hereby exercises its retained option
to extend its contract with MHQ, Inc. for an additional one-year term from September 30, 2019
through September 30, 2020.

As per the contract, your company is allowed to submit renewed pricing for the new contract year.
Price escalations are contractually limited to 10% for any product under contract. Please send your
revised pricing, in the same format as currently Is used, to Kelsi Champley (kchampfey@mapc.org) as
soon as possible. Once approved, the new pricing will be added onto the MAPC website for
municipaj buyers to use.

On behalf of the Greater Boston Police Council (*"GBPC") and MAPC, i thank you for your continued
services.

Sincerely,

MARK SAMUEL FINE

DIRECTOR, MUNICIPAL COLLABORATION

Metropolitan Area Planning Council

O#: (617) 933-0789 / C#: (617) 455-9416 / mfine@meanc.ore

Metropolitan Area Planning Councl! | 60 Temple Place | Boston, Massachusetts 02111 | 617-933-0700 [ 617-482-7185 fax | mapc.org

THE CITY OF NASHUA "The Gate City"

Financial Services

Purchasing Department

November 14, 2018
Memo #20-051

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NPD 2020 FORD POLICE INTERCEPTOR UTILITY AWD VEHICLE (UNMARKED)

(VALUE: $42,583)
DEPARTMENT: 150 NASHUA POLICE DEPARTMENT; FUND: CERF

Please see the attached communication dated November 5, 2019 from Karen A. Smith, Business
Manager for the information related to this purchase.

Pursuant to § 5-84 Special purchase procedures A. (3) Purchases which can be procured through
cooperative intergovernmental purchase agreements with other governmental jurisdictions.

The Nashua Police Department and the Purchasing Department recommend the award of this purchase
in the amount of $42,583 to M-H-Q Municipal Vehicles of Marlborough, MA.

Respectfully
FUE »

Dan Kooken

Purchasing Manager

Cc: K. Smith A. Lavoie

229 Main Street * Nashua, New Hampshire 03061 « Phone (603) 589-3330 » Fax (603) 589-3233

NASHUA POLICE
DEPARTMENT

Intradepartmental Communication

Date: 5 November 2019

To:

Dan Kooken, Purchasing Manger

From: Karen A. Smith, Business Manager

The Nashua Police Department is requesting to replace one (1) 2017 Ford Police interceptor Utility with
the 2020 Ford Police Interceptor utility vehicle. The vehicles will replace the following vehicle which is on
the FY2020CERF replacement schedule.

YEAR UNIT# PLATE # | MAKE/MODEL VIN# MILEAGE AS
OF 10-18-19
2017 20 MP64620 Ford Interceptor IFMSK8AR8HGCO07455 97,800

Pursuant to NRO 5-84 (A) (3), the replacement vehicle will be purchased through the State of
Massachusetts Greater Boston Police Council Vehicle Procurement Contract #GBPC2019/2020.

A quate from MH@Q is attached for your review showcasing the features and options of the new vehicle and

the associated casts and trade-in allowance.

The Nashua Police Department and Fleet Supervisor recommend the purchase in the amount of
$42,582.70 from M-H-Q, Inc. Municipal Vehicles, Marlborough, MA.

cc: David Fredette

Sincerely,

KIA

Karerl A. Smith
Business Manager

i
4
tad

Ee Sack
#
&

2 Fi By EY
Bak ia

2

ad

Prt

é

LIKI
ome

t

VEHIGits & CQUIPMENY MOLAR

CUSTOMER

Contact Name: _—_ Brian Sojka Date: 10/25/2019
Company/Dept: Nashua NH Police Dept. Valid For: 60 days
Street Address: 0 Panther Dr Customer #: 12051

City, State, Zip: | Nashua, NH 03062 Contract: GBPC
Phone: {603) 594-3624 Sales Rep: Kris Wright
Email: SojkaB@nashvand.com SGT. SUV

Please find below a budget quote for 2020 Ford Police interceptor Utility AWD per the Greater Boston
Police Councit Contract RFP # GBPC 2019/2020 - Law Enforcement Equipment Ford

Vehicle: _

co ua ae
“S REFERENCE

2020 Ford Utility Police Interceptor Hybrid - 3.3L V6 Direct-
Injection Hybrid System - 10 Speed Automatic Transmission -
Heavy Duty 18” Steel Wheels Small Chrome Center Hub Caps-
Heavy Duty Vinyl Flooring - 1st Row Police Grade Cloth Dual
K8A Front 8ucket Seats (Driver's Side Six Way Power Seat; Passenger | $ 36,850.00] 1 7$ 36,850.00
side Manual) - 2nd Row Vinyl 60/40 Split Bench Seats - 3 Year
36,000 mile Bumper to Bumper Warranty- 5 Year 100,000 mile
Drivetrain Warranty- 8 Year 100,00 mile Hybrid/Electric
Component Warranty

Optional Engine: 3.3L V6 Diract-Injectian Gasoline (FFV) -inc:
(136-MPH Tap Speed) Nate: Deletes Regenerative Braking and
S998 Lithuim-lon Battery Pack; adds 250-Amp Alternator, replaces H7 | $ {3,489.40}) 1 5 (3,459.40)
AGM battery (800 CCA/80-amp} w/H7 SLI battery (730 CCA/80-
amp) and replaces 19-gallon tank w/21.4-gallon *CREOIT*

UM Exterior Color: Agate Black $ : 1 |$
Global Lock / Untock feature {Door-panel switches will
18D lock/unlock afl doors and rear liftgate. Eliminates the overhead |[ $ - 1 I$ -
console liftgate unlock switch}
87R Rear View Camera (Mirror Display} $ - 1 4$ :
153 License Plate Bracket - Front $ - 1 |$ -
527 Trailer hitch wiring - Class lif $ 78.40 1 {$ 78.40
85R Rear Console Mounting Plate $ 44.10; 1 = 1$ 44.10
43D Dark Car Feature — Courtesy lamp disable when any doar is 5 24.50 i Is 24.50
opened
51R Spot Lamp - Driver only (Unity LED} $ 387.10| 1 {5 387.10
549 Mirrors - Heated Side View S 58.80 1 {$ 58.80
Hidden Door-Lack Plunger -inc: rear-door contrals inoperable
52P (locks, handles and windows) Locks/windows operable from 5 156.80 1 15 156.80
driver's door switches
76R Reverse Sensing $ 269.50| 1 |5 269.50
Standard Hands Free/ Bluetooth $ : i |{s -
Standard Trailer hitch - Class Ilt $ - 1 |$ -
VEHICLE TOTAL: $ 34,409.86

MHQ Quote - 2020 Ford INUT -SGT Veh Revi Page iof3