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23.

24.

25.

Article Vill

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 nul) and void and of no force and effect.

Article IX
ificati

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 all its employees or agents} in performing under this AGREEMENT, or any
breach of the terms of this AGREEMENT, which constitute an obligation of the 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
shall be in addition to and shall not be construed as a limitation on any other legal rights of
MAPC, GBPC, and the Buyers expressed or not expressed in the RFP and with respect to this
AGREEMENT.

Article X
insurance
Before performing under this AGREEMENT, the Vendor shail obtain, and shall maintain
throughout the term of this AGREEMENT, insurance at limits specified in the RFP and provide
written documentatian of such In the form specified in the RFP.

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

Article Xl
Termination of A
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" shalt Include the failure

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 (1.4)
calendar days of written notice.

Following termination of this AGREEMENT, the parties shail 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 shail remain liable for any damages, expenses or liabilities arising under this
AGREEMENT (incluging its indemnity obligations) with respect to work performed pursuant to
the AGREEMENT,

Article Xll
ir f @ ft

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 shall be sent by receipt-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 Priarity: Contract
Third Priority: Addenda to the RFP (if any)
Fourth Priority: RFP
Fifth Priority: Vendor's Proposal
Article XIII
Severabllity

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 behalf of the Greater Boston Police Councit and its Members:

x if lglg GY a / 1X

Sigrlature Date

re Draisen

Name

Executive Director

Title

For the VENDOR:

LZ, L (Ao Aa ty
* Signature * Date

VicGny c Choy.
* Name
Pr Wa Aes:

* Fitle

» Affix Corporate Seal (or
mark ‘17/a}

For MAPC:

Mare Draisen
Name

Executive Director
Title

MAPG

Organization

60 Temple Place
Street Address
Boston, MA 02113
City, State, ZIP
617.933.0700
Phone
617.482.7185

Fax
mdraisen@mapc.org

email

ExuteirA

Notice Addressees

For the VENDOR:
Ecco ¢ Chore

* Name

Yres dear

* Title

Colonies LOCO lec CMe
Colonie. owas: €ipet Gap
Organization

\A PAC a as Vel et

* Street Address
Plumodh WA asta

« Street Address

12 aD Cottae

* Phone

Qe Sd Cts

* Fax

Ethers uy S.C

x email

GORDCHE-02 JLABO
ACORD CERTIFICATE OF LIABILITY INSURANCE "10012018

THIS CERTIFICATE IS ISSUED AS A MATTER 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 HOLDER.

IMPORTANT:

If the cartificate holder is an ADDITIONAL INSURED, tha policy(ias) must have ADDITIGNAL INSURED provisions or be endorsed,
(f SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain policies may raquira an endorsement A statement on
this certificate doas not confer rights to the cartificate holder [n liau of such andorsementis).

propucer License # 1780862

HUB International New Engtand
600 Longwater Driva
Norwall, MA 02061-9146

EONTACT Patricia Condon

PHONE, ex: (781) 792-3243
| Rebkess, Patricia, condon@hubintamational.com

| FAX
(AIC, Ho}:

INSURER{S) AFFORDING COVERAGE. HAIC 8
insurer a: Union Insurance Company 25844
INSURED insurer B: Acadia Insurance Company 34325
Gordon Chevrolat, Inc. wsurer c: Independence Casualty Insurance Company [11984
173 Graat Road INSURER O:
Acton, MA 01720
INSURER E :
INSURER F :
COVERAGES CERTIFICATE NUMBER: 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 OFHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

iN TYPE OF INSURAHCE eee POLICY NUMBER anDre) (MDT uinacrs
A | X | COMMERCIAL GENERAL LABILITY EACH OCCURRENCE $ 1,000,000
Jcrams.mane [X]occur | x | (cpasi2ta7214 42/10/2017 | 12/10/2018 | BAKAGETORENTED | ¢ 500,000
= MED EXP {Any one parson) | $ 10,000
2 PERSONAL &ADViNsURY | $ 4,000,000
| GEIL AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,600,000
|__} POLICY [J 5B |__ joc PRODUCTS - COMPIOP AGG | $ 1,600,000
OTHER: $
B | auvomosite LABiLiTy COMBINED SINGLE GMI | 4,000,000
| X | ANY AUTO: Xx MGAS512764014 12/10/2017 | 12/10/2018 | soony muuRy er person) | $
OWNED SCHEDULED
AUTOS ONLY AUTOS | BODILY IRJURY (Per accideni}| 5
|_} RUSS ony ROTOS ONLY Perce eenp MACE s
x Garage 5
BX |umpretaiias |X | occur | EACH OCCURRENCE 3 5,000,000
EXCESS tian CLAMS.MADE CUA512197314 12/10/2017 | 12/10/2018 | ccrccare ; 5,000,000
pep |X| eventions _—«- 10,000 :
C |worKers COMPENSATION x | PER | [Sr
ANO EMPLOYERS’ LIABILITY STATUIE ER
ANY PROPRIETORPARTNERIEXECUTIVE N wal (WClootz6a01 1240/2017 | 12/10/2018 [ec cxcn accent —_| 500,000)
Rtisnastory to We , E.L DISEASE - EAEMPLOYEE) § 500,000
t yes. dascribe under $00,000
DESCRIPTION OF OPERATIONS below E. DISEASE ~POLICY Litt | g

SEE ATTACHED ACORD 10%

DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, me be attached if more 2
Named Insured includes: Gardon Chevrolet, Inc., Colonial Automotive Group, City SI

Colonial Dodga, Inc., Colonial Ford, Inc., Colonial Import South, Inc. dba Colonial Honda of Dartmouth, Colonial imports West, Inc. dba North End Mazda,
Colonial imports, Inc. dba Narth End Subaru, Colonial Nissan of Modford, Inc., Colonial South Chovrolet, Inc., Calontal Volkswagen Inc, dba Catontal VW of
Medford, Colonial West Chevrolat, Inc., Gordon Valkswagen, Inc. dba Colonial Volkswagen, Wallasiey Volkswagen, inc., Colonial South Autamatlve, inc.,
Gordon Colonial, Inc. dba Colonial Cadillac, Colonial Ford of Marlborough, Inc., 100-184 Mystic Avanue, LLC, Empire Managament Corp., Source One
Financial Corp., Wamasit Place LLC, Lower Village LLC, Colonial Municipal Group

de Subaru, Inc.,

ce Is Sof,
olontal of Watertown, Inc. dba Colonial Bulck GMC,

CERTIFICATE HOLDER

CANCELLATION

60 Temple Place
6th Floor
Boston, MA 02111

Metropolitan Area Pianning Council

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOS, NOTICE WILL BE DELIVERED iN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

Pp Pm

ACORD 25 (2016/03)

The ACORD name and logo ara ragisterad marks of ACORD

© 1988-2015 ACORD CORPORATION. Ail rights reserved,

AGENCY CUSTOMER Ip: GORDCHE-02 - JLABO

er ond

aa Loc#: 1
ACCORD
—— ADDITIONAL REMARKS SCHEDULE Page 1 of 4

AGENCY License # 1760862] wamen insured

UB International New England PF oa oe ne:
POLICYRUMBER ‘Acton, MA 01720

EE PAGE 1 |

CARRIER — NAIG CODE

EE PAGE 1 SEEP1 EFFECTIVE DATE: GEE PAGE 1

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,
FORMNUMBER: ACORD25 FORM TITLE: Certificate of Liability Insurance —

Description of Operations/Locations/Vehicles:
Metropolitan Area Planning Gouncif (MAPC) and Greater Boston Pollce Council (GBPC) are named as an additional insured subject
to the terms and conditions af the General Liabllity and Automobile Liabllity when required by written contract.

ACORD 101 (2008/01) © 2608 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registerad marks of ACORD

i |! A » Ec SMART GROWTH AND REGIONAL COLLABORATION

WETROPOLITAN ARGA FLAHMING COUNCIL

August 27, 2019

Frank C. Chase

President

Colonial Fard, Inc.

dba Colonial Municipal Group
61 Camelot Drive

Plymouth, MA 02360

Re: RFP # GBPC 2019 Aftermarket Equipment
Contract Extension

Dear Clay:

Piease 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 Colonial Ford, Inc. dba Caloniat Municipal Group 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 cantract 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 (kchampley@mapc.org) as
soon as possible. Once approved, the new pricing will be added onto the MAPC website for municipal
buyers {0 use.

On behalf of ihe Greater Boston Police Council (“GBPC") and MAPC, | thank you for your continued
services.

Sincerely,

J YA~AAL

MARK SAMUEL FINE

DIRECTOR, MUNICIPAL COLLABORATION

Metropolitan Area Planning Council

O#: (617) 933-0789 / CH: (617) 455-9446 / mfine@mapc.org

Metropolitan Area Planning Council ; 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, 2019
Memo #20-054

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: PURCHASE OF NPD AMMUNITION (VALUE: $58,189)
DEPARTMENT: 150 POLICE; FUND: AMMUNITION AND SUPPLIES ACCOUNT

Please see attached communications from Karen A. Smith, Business Manager dated November 8, 2019
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 $58,189 from Eagle Point Gun/TJ Morris & Son of Thorofare, NJ.

Respectfully,
LZ

an Kooken
Purchasing Manager

Ce: K Smith M Carignan

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

NASHUA POLICE

DEPARTMENT Date: 8 November 2019

A a7 3

Intradepartmental Communication

To: Dan Kooken, Purchasing Manager
From: Karen A. Smith, Business Manager

Subject: Nashua Police Department ammunition and supplies

The below request is to purchase ammunition. The State of NH contract #166490 awarded to Eagle Point
Gun/TJ Morris & Son is effective through October 31, 2020.

MAKE MODEL CALIBER | DESCRIPTION QUANTITY cost

Federal | BCONTS3 9 MM 100 GRN no lead frangible | 80 cases $29,271.20
RHT ballisticlean 1000rd

Speer 54266 9MM 147 GRN Gold Dot II 12 cases $4,596.00
Hollow Point CC} 1000 rd

Federal | AE223N 223 62 GRN American Eagle | 25 cases $3,598.00
FMJ — 500 rd

Federal | LE223T3 223 63 gr Federal Tactical 37 cases $8,682.79
Bonded — 200 rd

Federal | BC223NT5A | .223 55GRN no lead frangible - | 20 cases $7,673.00
500 rd

Federal | XMBC13200 | t2GA 8 Pellet frangible 00 Buck 18 cases $4,367.88

LS Bailisticlean
TOTAL: $58,188.87

The Nashua Police Department recommends purchasing the ammunition order from Eagle Point/TJ
Morris & Son of Thorofare, NJ under the NH state contract. Funding is available in the Police Ammunition
and Supply account General Fund budget.

Sincerely,

Karen A. Smith
Business Manager

STATE OF NEW HAMPSHIRE
Department of Administrative Services
Division of Procurement and Support Services
Bureau of purchase and Property
Concord, New Hampshire 03301
DATE: October 24, 2018

NOTICE OF CONTRACT
CONTRACT: AMMUNITION - Speer & Federal
CONTRACTNO.: 8002360
NIGP CODE: 680-0400
CONTRACTOR: EAGLE POINT GUN CONTRACTOR# 166490
1707 THIRD STREET
THOROFARE NJ 08086

CONTACT PERSON: THOMAS J. MORRIS Ill

TELEPHONE, NO.: 856-848-6945
FACSIMILE, NO.: 856-384-2938

E-MAIL: majortimorrisii@comcast.net
EFFECTIVE FROM: November 1, 2018 through October 31, 2020

DELIVERY :

Orders are to be tailgate delivered F.O,8. Destination to any point within the State of New Hampshire. Inside
or expedited shipping will have additional freight charges. No surcharges, regulatory charges,
custom/duties, special charges, or fuel charges of any kind will be allowed as an add-on to orders.

FEDERAL LAW:
lt will be the responsibility of the Contractor to comply with all federal regulations and procedures regarding
all sales and transactions made as a result of this RFB and any resulting contrac).

TAX EXEMPT CERTIFICATE:
All prices are io be offered less Federal Excise Tax. A Tax Exemption Certificate will be furnished to the
Contractor upon request to the using agency.

ABILITY TO PROVIDE:
Successful Contractor must be capable of providing each State of New Hampshire agencies and eligible
participants with their entire requirements of the items required in this cantract without any delay or substitution.

ORDERING PROCEDURE:
State agencies will place their orders by electronic order entry, by e-mail, by facsimile, or they may establish a
standard delivery order. Eligible participants will utilize their own individually established ordering procedures.

QUESTIONS: Loretta Razin, Purchasing Manager
PHONE: 271-0579 E-MAIL: Lorelia Razin@nh.qov

AUDITS AND ACCOUNTING:

The Contractor shall allow representatives of the State of New Hampshire lo have compleie access to all records
for the purpose of determining compliance with the terms and conditions of this contract.

At intervals during the contract term, and prior to the termination of the contract, the Contractor may be required
to provide a complete and accurate accounting of all products and quaniities ordered by each agency and
institution and by polilical sub-divisions and auihorized non-profit organizations.