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THE CITY OF NASHUA “The Gate City’

Financial Services

Purchasing Department

November 14, 2018
Memo #20-052

TO: MAYOR DONCHESS
FINANCE COMMITTEE

SUBJECT: NPD 2020 THREE (3) FORD POLICE INTERCEPTOR UTILITY AWD VEHICLES

(UNMARKED) (VALUE: $104,457)
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 $104,457 to M-H-Q Municipal Vehicles of Marlborough, MA.

Respectful

Dan Kooken
Purchasing Manager

Co: K. Smith A. Lavoie

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

NASHUA POLICE
Date: 5 November 2019

DEPARTMENT

intradepartmental Communication

To: Dan Kooken, Purchasing Manger

From: Karen A. Smith, Business Manager

The Nashua Police Department is requesting to replace three (3) Chevrotet Impala vehicles with the 2020
Ford Police Interceptor utility vehicles, The vehicles will replace the following vehicles which are on the

FY2020 CERF replacement schedule.

YEAR UNIT# PLATE# | MAKE/MODEL VIN# MILEAGE AS
OF 11-1-19
2009 D-17 MP64655 Chevy Impala 2G1WS57M59 1300492 98,865
2012 D-18 MP64656 Chevy Impala 2G1WD5E31C1150506 96,755
2010 D-22 MP64659 Chevy Impala 2G 1 WDSEM8A 1256358 99,967

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

A quote from CMG Colonial Municipal Group is attached for your review showcasing the features and
options of the new vehicles and the associated costs and trade-in allowance.

The Nashua Police Department and Fleet Supervisor recommend the purchase in the amount of
$104,457.48 from CMG Colonial Municipal Group, Plymouth, MA.

Sincerely,

KL SA

Karen A. Smith
Business Manager

cc: David Fredette

TO:

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Nashva Police Department

Price Per GEPGIBAPERN

Date’

Page 1 of 2

Estimate

Customer (D:

Salesperson:

9/20/2049

Nashua PD

Mike Chase
508-280-6603

a : The are Z oS Be

3,00

3,00
3.00
3.00

3.00
3.00
3.00

3 00

3.00

6.00

3,00 . .

“3.00
3.00

4.00

1,00
4.00

Trade
‘Trade

Trade

20201 Ford Police uty A AWD Black

Dark Car Feature
Full Face Wheel Covers

Power Heated Mirrors

Reverse Sensing System . Oo

‘SYNC | Voice Activated System

Front Headlamp Housing

Rear View Mirror with Reat Camera .

Rear Liftgate Lock Disable

Fleet Key to 1284X Aftermarket _

Whelen: Super LED ION series lights, one pair model # 1ONB-

‘Whelen (4} LED Vertex. hideaway system, model # VTX609-4

(2White, 2 Red)

: Whelen model # SA31 5P 123DB speaker, composite with
Mounting br bracket

‘Whelen Super LED dual Avenger 2 mode! # avez

‘Whelen Headlamp flasher positive or negative output Model

‘UHF2150A
‘Havis Console C-VS~1400- IUNT-1

Havis Face Plate Coue3 372.4
‘Havis Face Plate Motorola APX6500-03

‘Havis / Armrest, track/tunnel mount flip up style model # C. ARM- -

404

" Havis Dual internal 11 degree angled cup holder model # C-CUP2-

Ait
Magnetic Mic Clips

Transfer Customer Supplied Radio

‘Customer supplied gps / siren swtiching

shop supploes

2009 Chevy Impala 97,000 261W57M591300492
2012 Chevy Impala 95,000 2G1WD5E31C1 180506
2010 Chevy impala 96,000 261 WDSEMB8A1256353

“nM AW. WH WH HM.

32, 200 00

24 25

88, 20

5B 20
286.75

*

.

225.00
312.00

518.00

340.00

- 375.00

98.00

325.00

130.42

30.00
195,00 ©

295, 0 §
(3,000.00)

(4,800.00)
(1,400.00)

waennnunuae aia

38.34

wn

Colonial Municipal Group 39s www buycmg.com = (774) 283-6400 61 Camelot Dr. Plymouth, MA 02360

98,700.00
72.75
174.66

1 74,60
800,25

675,00
936,00

4,554,00

1,020.00
1,125.00
294.00

975.00

391.26
115.02
180.00 ©
585.00 -

86. 00

a, 000, 0.00)
a, 800, 00)
(1,400.00)

Page 2 of 2

r

Special instructions: Custom or Special Orders are Non-Refundable Subtotal $104,457.48
This Estimate is for Budgetary Purposes and is Not a Guarentee of Cost for
Services Sales Tax
Estimate is Based on Current Information From Client About the Project tops ag
Requirments Grand Total $104,457.48

Actual Cost May Change Once Project Elements are Finalized

Thank you for your business

Colonial Municipal Group = www.buyemg com = (774} 283-6400 61 Cametot Dr. Plymouth, MA 02360

CONTRACT FOR GOODS AND SERVICES
BY AND BETWEEN
METROPOLITAN AREA PLANNING COUNCIL
AND

COLONIAL FoRD INC DBA COLONIAL MuNICcIPALGROUP

This AGREEMENT, dateo __‘\ | 24) , is made and entered into by and between
the Metropolitan Area Planning Council [“MAPC”], a public body politic and corporate, established by
Chapter 408, Sections 24 through 29 of the Massachusetts General Laws, with its principal office at.
60 Temple Place, Boston, Massachusetts 02111, acting as the collective purchasing agent for the
Greater Boston Police Council, Inc. [*GBPC"] and its Members [“Buyers”] pursuant to Chapter 7,
Section 22B of the Massachusetts General Laws and without liability to MAPC, COLONIAL Forpb Inc
DBA COLONIAL MUNICIPAL GROUP ["Vendor"], with Its principal office at Vendor's Address.

Witnesseth that the parties AGREE as follows:
Article |
| Description of the Wor!

1, Pursuant to the Terms and Conditions of this AGREEMENT, including any Additional and
Special Terms and Conditions listed in Exhibit C, the Request for Proposals [“RFP"] - RFP No.
GBPC 2019 Vehicles attached in Exhibit 8; and the Vendor's Price Proposal and Technicat
Proposal attached in Exhibit F, MAPC hereby engages the Vendor to provide the following
foods and/or services to the Buyers: Public Service Vehicles and Equipment.

Article Il
Services of the Vendor

2. The Vendor will provide the goods and/or services as described in the RFP cited in Article 1
(above).

3. The Vendor shall report, and be responsible, to MAPC ar its designee as set forth on Exhibit A.

4, There shall be no amendment to this AGREEMENT withaut the written approval of MAPC.
MAPC shall be under no obligation to pay for any goods provided or services performed by the
Vendor.

5. The Vendor represents and warrants to MAPC as follows:
i. Thatitand all its personnel (whether employees, agents or independent Vendors) are

qualified and duly licensed as required by law and/or local municipal code to provide
services and/or goods required by this AGREEMENT.

10.

ji. That it further agrees to perform services, including manufacturing, in a professional
manner adhering to a reasonable standard of care and in accordance with alt
applicable State or Federal laws, rules and regulations.

iii. That it will obtain any and all permits, bonds, insurances and other items required for
the proper and legal performance of the work.

iv. Thatitis nota party to any AGREEMENT, contract or understanding, which would in
any way restrict or prohibit it from undertaking or performing its obligations
hereunder in accordance with the terms and conditions of this AGREEMENT.

Article Il!
Pi e of the V:

In the performance of service under this AGREEMENT, the Vendor acts at all times as an
independent contractor. There is no relationship of employment or agency between MAPC, on
the one hand, and the Vendor on the other, and neither party shall have nor exercise any
control or direction over the method by which the other performs its work or functions aside
from such control or directions as provided in this AGREEMENT which the parties view as
consistent with their independent Vendor relationship.

The Vendor agrees to be responsible for and warrantee the work of its subcontractors listed in
Exhibit D and to ensure their compliance with all legal, quality and performance requirements
of the Request for Proposals {“RFP"] - RFP No. attached In Exhibit B; and the Vendor's Price
Proposal and Technical Proposat attached in Exhibit F. The Vendor may not use subcontractors
not named in Exhibit D without the prior written consent of MAPC, which will not unreasonably
be withheld,

Article tV
Tim

Time shail be of the essence in relation to Vendor's performance under this AGREEMENT.
Vendor shall complete performance as promised In its quote that accompanies the Buyer's
purchase order or other document confirming its authorization to the Vendor to proceed.
Reasonable extensions shail be granted by the Buyer at the written request of the Vendor,
provided the justifying circumstances are documented by and are beyond the reasonable
control of Vendor and without fault of Vendor. in the event of such an extension, all other
terms and conditions of this AGREEMENT, except the dates of commencement and completion
of performance, shall remain in full force and effect between the parties unless modified in
writing.

in the absence of such an extension, liquidated damages shall be due the Buyer in the amount
of 0.1% (one-tenth of one percent) of the face vaiue of the Vendor's quoted or modified
purchase price for each day performance exceeds the promised date(s). Such liquidated
damages may be acknowledged in Vendor's final invoice or taken by Buyer as a deduction to
such final invoice.

Any dispute in the amount of liquidated damages shall be submitted to arbitration by either
Buyer or Vendor through the American Arbitration Association within 10 (ten) business days of
written notice given by the party declaring impasse. Vendor and Buyer agree to fully comply
with the arbitrator's decision within a reasonable time.

12.

13.

14,

45.

16.

17.

Article V
lo: to Be ‘ormed

if during the Vendor's Time of Performance, Buyer requires revisions or other changes to be
made in the scope or character of the work to be performed, Buyer will promptly notify Vendor
in writing. For any changes to the scope of work, Vendor shall provide Buyer with a written
quote of change in price and/ar change in time of performance and shall proceed with such
changes only upon written consent of Buyer, which shall be construed as a modification to
Buyer's original purchase order.

Buyer will neither unreasonably request revisions nor unreasonably withhold final acceptance
of delivered products.

Article VI
Term o e

The term of this AGREEMENT shall commence upon execution and will continue until
September 30, 2019, or until otherwise terminated as provided by this AGREEMENT or the
RFP.

MAPC reserves the right at its sole discretion to extend the contract for up to two (2) additional
one-year terms ending September 30, 2020 and September 30, 2021 respectively.

In the event new contracts have not been procured and awarded before the end of a second
contract extension, MAPC reserves the right at its sole discretion to extend the contract for an
additional period of time until new contracts have been procured and awarded. However, inno
instance Shalt any contract term, including extensions, exceed three (3) years in total.

The Vendor agrees to perform promptly upon execution of this AGREEMENT and will diligently
and faithfully perform in accordance with the provisions hereof.

Article Vil
Orders, Fees, Invoices, and Payments

Orders, fees, invoices, and payment shall be processed and paid as Specified in Section 10-
Terms & Conditions of the RFP.

i, The parties agree that MAPEC will only process invoicing for items or services
specifically priced within the Vendor's Price Proposal as submitted to MAPC. MAPC
wiil reject any price quotes or invoices that include any items or services that are not
specifically priced in the Price Proposal. . in such instance, MAPC may require the
Vendor to submit a corrected quate or invoice, or to clearly identify those items not
included in the MAPC contract, to be labeled as “not on MAPC contract”.

18,

19.

20.

21.

22.

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.