HomeMy WebLinkAboutContract #: 1632 - From: 07-18-2023 To: 07-18-2024 - Colonial Ford - DPW CONTRACT NO.
VENDOR NO. _129QQ
PLYMOUTH COUNTY COMMISSIONERS VENDOR CONTRACT FOR SUPPLIES WITH THE TOWN
OF NORTH ANDOVER
THIS CONTRACT made and entered into this day ooj r , 2023, by and between Colonial
Ford. Inc. dba Colonial Municipal Group a domestic profit corporation duly authorized by law
and having a principal place of business at
61 Bringham Street, Marlborough MA 01752, hereinafter called "VENDOR", and the and the
TOWN of North Andover, ("TOWN") a municipal corporation duly established by law and located
at 120 Main Street, North Andover, Essex County, Commonwealth of Massachusetts.
WHEREAS, the VENDOR is an accepted supplier by the Plymouth County Commissioners
Contract for Public Service Vehicles & Equipment Bid PCC#23 to 26and;
WHEREAS, the TOWN has accepted the VENDOR'S proposal, subject to the conditions and
agreements herein contained;
NOW,THEREFORE, IT IS AGREED by and between the Parties as follows:
-1-
The VENDOR agrees that it will provide one Ford Super Duty F-350 DRW(F3H) XL 4WD Reg Cab
as described in the attached Estimate dated 7-17-2023. The Estimate, the Plymouth County
Commissioners Invitation for Bid, the Specifications, the Bid, required Certifications, and
Insurance Binders are incorporated herein and made a part of this CONTRACT.
The VENDOR will report to the signatory Department Head of this CONTRACT.
-2-
The Contract Period will commence on July 18. 2023 and terminating July 18, 2025. Any
extensions of time must be by written NOTICE per paragraph 19 from the TOWN, and are at the
sole discretion of the TOWN.
-3-
Total payments under this CONTRACT shall not exceed $145,487.50 DOLLARS. This Contract is
expressly subject to and contingent upon an appropriation of funds.
-4-
The TOWN agrees to use best efforts to pay for services within thirty (30) days of receiving an
invoice, so long as all services provided are sufficiently detailed in the invoice, and that the
invoice has filed with the contracting department. Any payment under this Contract shall not
constitute or be deemed a waiver, relinquishment, release, or abandonment of any claim which
the TOWN may have against the VENDOR for breach of this Contract.
-5-
The VENDOR agrees that no obligation shall be considered to have incurred under this
CONTRACT unless and until a purchase order shall have been duly issued and approved. And
further, that the obligation incurred shall be limited to the amount set forth in purchase order
or purchase orders duly issued and approved.
-6-
The VENDOR certifies that performance under this Contract will meet ethical business standards
and good stewardship of taxpayer and public funding to prevent waste or abuse.
-7-
The VENDOR shall at all times during the Contract maintain in full force and effect Employer's
Liability, Worker's Compensation (MGL c.lS2), Public Liability, and Property Damage Insurance,
including contractual liability coverage. All insurance shall be for policy limits acceptable to the
TOWN; all required insurance shall be certified by a duly authorized representative of the
insurers on the "MIIA" or "ACORD" Certificate of Insurance form (incorporated into and made a
part of this agreement). The certificates shall contain the following express obligations: "In the
event of cancellation or material change in a policy affecting the certificate holder, thirty (30)
days prior written notice will be given the certificate holder. Where notice is not provided by
VENDOR's insurer, the notice will be provided by the VENDOR."The TOWN shall be named as an
additional insured under each policy or policies, except Workers' Compensation.
-8-
It is further agreed by the VENDOR that, in the event the TOWN is sued in a court of law or
equity, or demand is made upon the TOWN for payment of any damages arising out of the
VENDOR'S performance or non-performance of this Contract, then the VENDOR, without
reservation, shall indemnify and hold harmless the TOWN against any and all claims arising out
of the VENDOR'S performance or non-performance of the CONTRACT.
2
To the full extent permitted by law, no official, employee, agent or representative of the TOWN
of North Andover shall be individually or personally liable on any obligation of the TOWN under
this Contract.
-9-
This Contract is subject to all laws of the Commonwealth of Massachusetts, federal, state and
local, which are applicable to this Contract or work with a public entity; and it is presumed that
the VENDOR is cognizant thereof. Any and all proceedings or actions relating to the subject
matter herein shall be brought and maintained in the courts of the Commonwealth, which shall
have exclusive jurisdiction thereof. This paragraph shall not be construed to limit any other legal
rights of the parties.
-10-
The VENDOR agrees to comply with all the provisions of General Laws, Chapter 30B and all
related sections, including amendments thereto, in performing all work under this CONTRACT,
and the provisions of said sections are made a part of this CONTRACT and are to be considered
as covenants, terms and conditions hereof as though all the provisions were specifically
incorporated herein, and the provisions of the said sections shall apply even though it may
appear they are not applicable to the work of the type to be performed under this CONTRACT.
-11-
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.151, §1, et seq. (Minimum Wage Law)
and any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended. The VENDOR will, if applicable,
comply with the wage rates as determined by the Commissioner of the Department of Labor
and Industries, under the provisions of General Laws c.149 (Prevailing Wage), and shall be in
force and as amended.
-12-
The VENDOR will carry out the obligations of this Contract in full compliance with all of the
requirements imposed by or pursuant to General Laws c.15113 (Law Against Discrimination) and
any executive orders, rules, regulations, and requirements of the Commonwealth of
Massachusetts as they may from time to time be amended.
-13-
The VENDOR shall not assign or delegate, in whole or in part or otherwise transfer any liability,
responsibility, obligation, duty or interest under this Contract without the written approval of
the TOWN.
3
-14-
It is further agreed that the TOWN may terminate this CONTRACT without cause, upon fourteen
(14) days' written notice to the other party, sent by certified mail, to the usual place of business
of the other party. The TOWN may also terminate this CONTRACT at any time for cause.
-15-
The undersigned certifies under penalties of perjury that this bid or proposal has been made
and submitted in good faith and without collusion or fraud with any 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.
-16-
The VENDOR certifies that any and all taxes and municipal fees due and owing to the TOWN of
North Andover have been paid in full.
-17-
This contract is only binding upon, and enforceable against the TOWN if: 1) the Contract is
signed by the TOWN Manager or her designee; 2) and endorsed with approval of TOWN
Counsel as to form.
At any time during normal business hours, and as often as the TOWN may deem it reasonably
necessary, there shall be available in the office of the VENDOR for the purpose of audit,
examination, and/or to make excerpts or transcript all records, contracts, invoices, materials,
payrolls, records of personnel, conditions of employment and other data relating to all matters
covered by this Agreement.
-18-
This instrument, and the other components of the contract documents, constitutes the entire
contract between the parties, with no agreements other than those incorporated herein. Any
Amendments to this Contract must be made in writing and executed by all signatories to the
original Contract, prior to the effective date of the amendment.
-19-
Any notice permitted or required under the provisions of this Contract to be given or served by
either of the parties hereto upon the other party hereto shall be in writing and signed in the
name or on the behalf of the party giving or serving the same. Notice shall be deemed to have
been received at the time of actual service or three (3) business days after the date of a certified
or registered mailing properly addressed. Notice to the VENDOR shall be deemed sufficient if
4
sent to the addrfts set forth In the Contract and to the TOWN by in sent to the To"
Manager, North Andover Town Hall at 120 Main Street. North Andovef, Essex Counly,
Commonwealth of Massachusetts.
IN WITNESS WHEREOF,the VENDOR and the said TOWN OF NORTH ANDOVER have hereto and
to a duplicate and triplicate hereof, caused their corporate seals to be affixed and these
presents, together vAth said duplicate and triplicate, to be signed In their narne and behalf bV
their duly authorized ricers the day and year first above vvritten.
VENDOR
Melisu Murphy-Rodirtgues
To Manager.Nooh Andover FedJA of Social Security No.
APPROVED AS TO FORM: TOWN OF NORTH ANDOVER
N
Christine P.O'Connor
Town Counsel Depa ont Head
pa Ont Head
eyrie Sa a&
c
A:M untant
'town Accountant
CERTIFICA FNON-COLLUSION
ponalaos of pedury Ow our bidand
WhnuttCd In good f0ith and vAthout callusion ° As used in this
onlificidion. the word 'Vervoif shall mean natural person, busi iork
i
committact,union.club or other,organivition.entity,or group of indivkhmls.
Signature
011
Print Name '11c Company Nam
CERTMCATE OF TAX COMPLIANCE
Pursuant to Chapter 62C of tine massubuscus cionami Ives.Sermon 4 A ), i
autJhoriaet sipatory for � � w:
Saw 4fgxx'11r'M0tW
underdo hemby codify f pajury that said contraclor has complied `t
d1l laws of ft Cmmonwcwth of Mossmhuseft W the Town of North An&va. Making to
it or other loes.mporting of employees and coubutom and withholdingitti
cwtd Support.
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ATTACHMENT
Page 1 of 2
Estimate
-
ti� ��.L Z Z J ., r Date: 7/17/2023
M Lb " r C B r�A L C-3 Fq C) U F-
Estimate#
Customer ID:
To: Town of North Andover
Tim Willet
978-688-9574
nrt�°na_no�/erl�na, o�
_ Salesperson: Jay Matisko
k�✓Illett
774-556-2548
Plymouth County contract "rx1ati uyr.mg..00 rn
1"00 F3H Ford Super Duty F-350 DRW(F3H)XL 4WD Reg Cab $44,500.001 $44,500.00f
1.00 . _ ....... ._...,. W6. . .,, Color: ..,r...... . ,_..� _.... ... .......... _.. ".. a,,. .._,..., . ,. ..._._ -a;
Green Gem _ $855 W $837.90
1.00 Engine:6.7 Diesel Engine $9,995 00� $9 795.103
. _... . . . .. ., _. . .. ,,.. Y,
eluded i 1.00 SYNC in nnolude„d
..a w, . .... ..
11.00 ;Estimated model increase $8,000m $8„000"00
100 SYNC included included;
1.00 TBM (All terrain tires $165.00t $16t*
1.00 X4N Limited Slip Ratio"- ,. .
� `Power E ui ment Grou $c dedi . . $387.101 tided
b w/4.30 Axle o }
1.00 90L q p p n
1.00 . ,....�,... ,.a... 18B .,. Running Boards, .� .. .. $320 00 " $313 60}
1.00 473 Snow 250 C8d9( $245 00{
1 00 52B r�erPBrake CoPackage
roll a ,,.., irclude&" included E
1.00 61 L" " s Front Wheel well Liners _- $180 00� $176A0j
too 62R PTO included i included'
11.00 872 Rear View Camera&Prep $415 00 $406 70�
1.00 " 512 Spare Tire&Wheel $350 00' $343.00
1.00 9'"Steel service body $17,515
regeneration 004... ...........$1 7515.00`
100 98R Operator Command will
1 00 j Surface Mounted LED SIT _.,....- . .
1.00 Paint upgrade to match $?091 00 $2 091 00,'
339 00 $339 00 a
1.1 00 Receiver and Trailer plug $848 001� $848 00s,
1.00 - C Tech Drawer system $2us43 00! $2,543.00Q
$2
1.00 Stainloss Rock Guards $283 00( $283 00'
., .. ... .. ,v,., t.. . ....,N.,_. .. ,
1.00 " 1Crane
� " Reinforcement nt - � _... ,., $1.,.865 0µ" � �$1,865"0.
0
1.00 500 LB lee Crane All Power $24013 00 $2401300,
.., ..
1.00 - _ °Crank downwn outriggers $4 238 00�" $4 238 00i
r
.$400�
, . .,.., .. h .rack .� .. ..,
'
1.00 Wireless remote $4 520 00
1.00 �pCM Aluminum Headache rack $961 00 $961961 00
1 Light brack
et for Lightbar on Headache Rack $113 00' $113 00
1 00 Back up al
arm $103 00` $103 00
1,00 Rhino Spray $1 526 00 $1 526 00'
1 00 Upgrade rhino Tops of Utility BcrodY $a 170 00n $170 00i
_
1.00 Upgrade Rhino Bumer $283 00 $283 00
_
p
1 00 LED Interior Lights per compartment $678 00 $678 00�
1 00 Whelen Mini I rg htbar $1,195 00 $1 195 00�
1.00 O back $780 00f $780 00r
LED IONS 4 front and ba " " ,,- ..r
1.00 _ .. ..... Whelen ... , .......
_ ....."A ;
10o Fusher s�He Plow $9,944 ao $s 944 rya;
. �. _.. . .. ro ..
Rubber Sno Foil $565 I ....,, . .."...$565 00 i
Colonial Municipal Group www.buycmg.com (774)283-6400 61 Camelot Dr. Plymouth, MA 02360
Page 2 of
,....
100 �Ventshades $12 001 $12500
11.00 * h ech Floor Mats $145 00 $145 00
w
nstall Rear View camera $,,�. .. . -.. ,_ ....�,. 2S3 00 ..,. $28,13..,1 00 I
1 00 Shop Supplies $295 00� $295 00y
1.00 �Estimated equipment increase $4 900 00 $4 900 00
a s
.. .... ...... .. .... ........ 1 _......
i
t y
Special Instructions: Custom or Special Orders are Non-Refundable Subtotal $ 145 487 50
This Estimate is for Budgetary Purposes and is Not a Guarantee of Cost for
Services. Sales Tax
Estimate is Based on Current Information From Client About the Project � �
Reelukernents Grand Total j ..,
$ 145,487Z0
Actual Cost May Change Once Project Elements are Finalized
Thank You For Choosing The Colonial Way!
Colonial Municipal Group www.buycmg.com (774)283-6400 61 Camelot Dr. Plymouth, MA 02360
Plymouth County Commissioners
Contract for Providing Ford Motor Company
Public Vehicles and Equipment
Awarded on Bid PCC 2023 to 2026 to
Colonial Ford, Inc. dba Colonial Municipal Group
RFP Released July 25, 2022
Contract October 1, 2022
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC#23 to 26
Memorandum of Agreement dated as of this I"day of October 2022 between the
Plymouth County Commissioners and Colonial Ford,Inc. dba Colonial Municipal Group,
11 Pilgrim Hill Road, Plymouth, MA 01360 which shall be considered the commencement date
for the agreement between the parties.
Article 1 Description of Contract and Parties
The Plymouth County Commissioners (hereinafter "Plymouth County Commissioners" or the
"County") and various political subdivisions listed on the attached Cooperative Bid List,with any
amendments attached thereto, (hereinafter referred to, each individually, as the "Buyer"), and as
authorized by Massachusetts General Laws, Chapter 7, Section 22B, and Chapter 30B, awarded a
Vehicle Bid to Colonial Ford,Inc. dba Colonial Municipal Group (hereinafter"Contractor"). This
Contract is for the then current model year Motor Vehicles and Trucks manufactured by Ford
Motor Company. This Contract also provides for equipment, options, and accessories available
for purchase by the Buyers under the prices stated in the Contractor's Response to the Plymouth
County Commissioners' Invitation for Bids (hereinafter "Response"), subject to any increase as
described by this Contract.
Article 2 Contract Term
2.1 Term. The Term of this Contract shall be for the initial term starting the date of this
contract and ending October 31, 2023,with the possibility of four(4), one(1)year contract
extensions subject to the sole discretion and option of the Plymouth County Commissioners. The
Plymouth County Commissioners shall inform the Contractor in writing within thirty (30)
calendar days of its intent to extend the Contract.
2.2 Termination. This Contract shall terminate on October 31, 2023,unless extended
pursuant to Article 2.1 above,or unless terminated under the following conditions detailed in this
Article and in this Contract.
2.3 Without Cause. The Plymouth County Commissioners reserve the right to cancel
this Contract, without cause, at any other time with at least thirty (30) calendar days written
notice to the Contractor.
2.4 For Cause. If, in the opinion of the Plymouth County Commissioners,the Contractor
fails to fulfill its obligations under the Contract,the Plymouth County Commissioners may
terminate the Contract by giving thirty (30) calendar days written notice to the Contractor at any
time. The Contract shall be terminated immediately in the event of fraud or program abuse.
2.5 Emergency. The Plymouth County Commissioners may terminate or suspend the
Contract for up to sixty (60) calendar days by providing written notice to the Contractor stating
the Plymouth County Commissioners' action if the Plymouth County Commissioners determine
that immediate action is necessary to protect the County,Buyers, State or Federal funds or
property,or to protect persons from injury. Such termination or suspension shall be effective
upon receipt by the Contractor of notice of either suspension or termination. In the case of a
pg-2
Plymouth County Commissioners Contract for Public Service Vehicles& Equipment Bid PCC#23 to 26
suspension under this Article, the notice of suspension shall be accompanied by instructions from
the Plymouth County Commissioners specifying requisite action(s)by the Contractor to remove
the suspension, a proposed timetable for meeting those requirements and a description by the
Plymouth County Commissioners of allowable activities and costs, if any, during the suspension
period. Failure by the Contactor to remedy the stated deficiencies according to the timetable
prescribed by the Plymouth County Commissioners shall be cause for immediate termination.
2.6 Plymouth CounV Commissioners' Remedies Upon.Termination for Cause or
Emergencies. Notwithstanding the terms contained in this section,in the event of
termination, the Contractor shall not be relieved of liability to the Plymouth County
Commissioners for injury or damages sustained by the Plymouth County Commissioners by
virtue of any breach by the Contractor of the Contract. In the event of termination pursuant to
this section,the Plymouth County Commissioners may withhold any payments to the Contractor
for the purpose of set-off until such time as the exact amount of damages due to the Plymouth
County Commissioners from the Contactor is determined. In addition to and notwithstanding the
above,the Contractor covenants and agrees that, in the event of termination of the Contract,the
Contractor shall pay to the Plymouth County Commissioners as damages: (a) such sum as, at the
time of termination, the Plymouth County Commissioners reasonably determines that it shall
require to compensate a subsequent Contractor to complete the delivery of service; and(b) the
sum reasonably determined by the Plymouth County Commissioners for all the direct and
indirect costs resulting from the delay in the delivery of services upon the Contactor's default.
The Contractor further covenants and agrees with the Plymouth County Commissioners that the
Contractor shall pay all the Plymouth County Commissioners' costs and expenses (including
attorney's fees) incurred or paid in obtaining and enforcing any court order favorable to the
Plymouth County Commissioners for any obligation of the Contactor under the Contact.
2.7 Obli ag tion in the Event of Termination. Upon termination of the Contract, all
documents, finished or unfinished, data, studies and reports prepared by the Contractor pursuant
to the Contract shall become the property of the Plymouth County Commissioners and copies
shall be delivered to the Plymouth County Commissioners within thirty (30) calendar days of the
termination. The Plymouth County Commissioners shall promptly pay the Contractor for all
services performed and for all costs and non-retractable commitments reasonably incurred in the
performance of the Contract to the effective date of termination,provided the Contractor is not in
default of the terms of the Contract and submits to the Plymouth County Commissioners
properly completed invoices, with supporting documentation, covering such services no later
than forty-five (45)calendar days after the effective date of termination, and that the Contractor
make every reasonable effort to minimize or recover costs incurred.
Article 3 Contract Price with Buyers
3.1 Contract Prices. Colonial Ford, Inc. dba Colonial Municipal Group, by signing this
Contract agrees to all terms and conditions contained in its Response to the Plymouth County
Commissioners' Invitation for Cooperative Procurement Specifications: 2023 Model Year Public
Service and Municipal Vehicles Manufactured by the Ford Motor Company. and Associated
Equipment—Bid 2023-2026, for which they were awarded the Bid upon the prices stated in their
Response for all vehicles, accessories,options, and equipment. The base price for the Ford
PZ
0
Plymouth County Commissioners Contract for Public Service Vehicles& Equipment Bid PCC 423 to 26
Motor Company Vehicle Bid and Award is listed in a copy of Colonial Ford, Inc. dba Colonial
Municipal Group's Response and is attached to this Contract as "Attachment A." The Award for
accessories, options, and equipment for these vehicles is attached as a copy of the Response, and
attached to this Contract as"Attachment B." The Contractor has assumed the risk associated
with offering specific pricing for the options, accessories, equipment, and vehicles contain in its
Response to the County's Invitation for Bids and the prices contained therein have been
incorporated into this Contract, unless otherwise herein provided.
Prices contained in the Contractor's Response to the Invitation for Bids are firm for the duration
of the Contract and any extension option exercised by the County, except as provided for in this
Contract. See 3.7 and 3.8 for exceptions.
3.2 Delivery Charges. The prices listed by the Contractor in their response to the
County's Invitation for Bids included delivery of all items to the Buyer as stated on the Purchase
Order. The Contractor shall not charge for packing, crating, shipping,freight, delivery, etc. as
these charges are already reflected in the contract prices described in Article 3.1.
3.3 Discounts. Any discounts offered by the Contractor for timely payment will be
computed from the date of delivery or the date a correct invoice is presented for payment,
whichever is later.
3.4 Taxes. Purchases made by municipalities and government entities are exempt from
Federal excise taxes and Massachusetts Sales Taxes.
3.5 Orders. Verbal orders are not binding on a Buyer and deliveries made or work
done without a written and signed Purchase Order issued by the Buyer are at the risk of the
Contractor. Written Purchase Orders must be issued by each Buyer.
3.6 Quantfty. No enforceable obligation exists beyond the amount of available funds for
each Buyer. Quantities stated by the County in its Invitation for Bids reflected estimates derived
from either information obtained from a limited survey of local municipal departments, or past
experience with Contracts of similar nature and scope.
3.7 Contractor's Riaht to Elect Price Increase. Should the Plymouth County
Commissioners elect to exercise an option to extend this Contract, the Contractor may, at that
time, request an increase in the Contract price(s). Price increases will be allowed only in an
amount equal to a documented increase in the Contractor's cost from the manufacturer of the
vehicle(s) or equipment, and/or manufacturer supplied options or accessories. Unless otherwise
provided, in no event shall any price increase(s) allowed in accordance with this provision
exceed 5%per year. If at the time of extension there has been a decrease in price,the lowered
price will be offered by the Contractor to all participating Buyers.
3.8 Price Increases. Government Regulations - Any increase in cost to the Contractor
due to a mandated change in Government regulations may be allowed; the amount of the increase
will be determined by the Plymouth County Commissioners.
pg. 4
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC#23 to 26
Escalation for Steel Mill Products—Items listed which contain 90% steel, as determined by the
Plymouth County Commissioners,may be subject to a price escalation.
Adjustment in the prices will be made based on the Producer Price Index(PPI) for Commodities
for Metals and Metal Products/Steel Mill Products (Series ID WPU1017) published by the U.S.
Department of Labor's Bureau of Labor Statistics. Publication occurs monthly in the PPI Detailed
Report and can also be found at http://www.bls.gov/ppi. The Index is not seasonally adjusted.
Adjustments will be applied on a quarterly basis during the term of the awarded contract and any
extensions and use the latest final PPI data published. Price adjustment calculations shall be made
on the 26 h day of the month following the last month of the preceding quarter. Example: Price
adjustments for a contract beginning September (0 Quarter — September, October, November)
will be made on the 26ffi of December.
The Price adjustment will be based on a simple percentage method. The base contract price for
each applicable item will be changed by the same percentage as that calculated for the PPI based
on the index at the time of adjustment divided by the index at the time the base price was set at the
start of the contract(i.e. price as bid).
Example:
Index at the time of calculation 115.5
Divided by Index at Time Base Price was Set 110.0
Equals 1.05
Base price should be increase by 5%
Base Price $1,000
Multiplied by 1.05
Equals Adjusted Price $1,050
Due to historically unusual supply chain shortages and price fluctuations, Vendors are allowed to
petition the Plymouth County Commissioners for price changes in vehicles, accessories, and
equipment as market forces dictate. These price changes must by supported by documentation
from the manufacturers and or suppliers and be presented to the Commissioners. Plymouth
County Commissioners do not guarantee that price adjustments will be approved but will be
investigated on a case by case basis.
3.9 Pa.yMent of Purchase. The Buyer shall pay the Contractor for purchases in the
amount of One Hundred(100%)percent following delivery and acceptance of the vehicle.
Acceptance by the Buyer will be indicated by the Buyer's signature on the delivery receipt that
the vehicle arrived in good condition with all options, equipment, and accessories ordered.
Payment shall be due forty-five (45)days after the receipt of an Invoice.
3.10 Invoices. Contractor shall prepare a separate Invoice for each Buyer purchasing
items under this Contract. Monthly sales reports shall be submitted by the Contractor to the
County reflecting gross monthly sales.
3.11 Most Favorable Customer. Contractor warrants and represents that the prices,
warranties,conditions, benefits and terms set forth in its Response are, and will continue to be
for the duration of this Contract,at least equal to or more favorable than the prices,warranties,
pg. 5
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC #23 to 26
conditions, benefits and terms charged or offered by the Contractor to other purchasers for the
same or substantially like products with like features and in quantities as described in this
Contract. A violation of this Article will obligate the Contractor to issue rebates. The rebates
will be the amount of the difference between the price contained in the Contractor's Response
and the subsequently offered lower price to each entity that purchased the relevant item under
this Contract.
Article 4 Payment to the Plymouth County Commissioners
The Contractor shall pay to the County a"Transaction Fee" of 0.75% (3/4 of one percent)
of the aggregate delivered price of all items purchased including all vehicles, options,
accessories, upgrades, off contract equipment and up-fitted equipment,not including trade in
reductions in price. The County may lower the Transaction Fee at any time and will not increase
the Transaction Fee at any time during the term of this Contract or any extension of this
Contract. Contractor shall reflect any Transaction Fee reduction as a discount on the quote
provided to the Buyer. Transaction Fees shall be paid monthly to the County and shall be
delivered to the County by the 15th of the following month of sales.
Article 5 Warranty
5.1 Warranty. Contractor guarantees that each item purchased under this Contract shall
perform in conformance with the manufacturer's published or proposed specifications,
whichever is applicable. Contractor further agrees to replace the same, at no cost to the Buyer
for labor or materials, if said items fail to meet said specifications within one (1)year after
installation. If, after three (3)service calls for the same fault,the item cannot be returned to full
operation, then the item will be replaced by the Contractor at no cost to the Buyer.
5.2 Replacement Pasts. The Contractor or its designated Maintenance Contractor agrees to
maintain a stock of replacement parts for each accessory item purchased under this Contract, and
to replace such part or parts as may be required for a period consistent with the warranty of the
equipment. At a minimum,the Contractor shall guarantee availability of replacement parts for
three (3)years.
Article 6 Delivery
6.1 Delivery to Buyers. Vehicles shall be delivered to individual Buyers completely
equipped and marked in accordance with Buyer's specifications,prepped, cleaned, waxed and
ready to place into service. A Buyer will provide the Contractor with written instructions as part
of the Purchase Order including Specifications, delivery locations and times of delivery, if other
than normal business hours. The Contractor shall adhere to reasonable Buyer Specifications for
delivery.
6.2 Time. Contractor shall complete all deliveries of vehicles ordered by a Buyer no later
than sixty (60) days after the receipt of a written and signed Purchase Order. This delivery date
may be extended with written approval of the Buyer.
pg. 6
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC#23 to 26
6.3 Failure of Timely Delivery. Contractor will be excused from the requirement of Article
6.2 above only to the extent that it may document that failure to comply is solely due to the
manufacturer's schedule for production of the vehicle(s) ordered. In such event,the Contractor
must be able to document that an order has been placed with and accepted by the manufacturer
and a date for the production of the vehicle(s)has been scheduled. Contractor shall provide to
the Buyer a firm date in writing by which it intends to complete delivery. Failure to complete
delivery by the date provided in writing will be subject to the provisions of Article 6.5 below.
6.4 Stock. In no event shall Contractor be excused from the requirements of Article 6.2 due
to failure to have the required stock on hand as specified in Article 11.10,Police Patrol Vehicle
Availability.
6.5 Remedies for Improper Delivery. Should Contractor fail to accomplish delivery in
accordance with the provisions of this requirement,the Buyer at its sole discretion shall have the
following options:
(a) Revoke the Purchase Order and procure the required vehicle(s)through an
alternate source; or
(b) Agree to continue waiting for the ordered vehicle(s). If the Buyer selects this
option,the Contractor shall deduct Five Hundred($500.)Dollars from the invoice
price of each vehicle which has been delayed for the first five infractions during
the annual contract and then Seven Hundred and Fifty ($750.)Dollars from the
invoice price of each vehicle for all following infractions.
If the Contractor can document that the delivery of a purchased vehicle to the buyer is caused by
unusual market conditions as documented by the Manufacturer,then the Vendor will not be
subject to any penalties as noted for the delay. If a purchaser decides to not honor the purchase
agreement due to delays in delivery, then the Buyer can be subject to a 2%restocking fee to the
Vendor.
6.6 Risk of Loss. The risk of loss,damage or destruction of any equipment resulting from
any cause shall be borne by the Contractor until such time as said equipment has been delivered
to and accepted by the Buyer.
6.7 Location. Contractor agrees to pick up and deliver vehicles to be serviced which
were purchased pursuant to this contract and located within seventy(70)miles(as the crow flies)
of the Boston city limits, within twenty-four(24)hours of a request by the Buyer.
Article 7 Insurance and Indemnification
7.1 Insurance. The Contractor, in addition to any insurance required by State or Local
law, shall maintain in force during the term of this Contract and any extension of this Contract
the following insurance issued by an Insurance Company licensed to do business in the
Commonwealth of Massachusetts:
pg. 7
Plymouth County Commissioners Contract for Public Service Vehicles& Equipment Bid PCC #23 to 26
(a) Comprehensive general liability insurance, including owner's protective liability
insurance and contractual liability insurance covering against personal injury and
property damage in the amount of$250,000 per person and$1,000,000 per
occurrence for personal injury, including death, and$500,000 per occurrence for
property damage; and
(b) An Insurance Certificate giving evidence of said insurance must be supplied to the
County upon execution of this Contract.
7.2 Indemnification. Contractor shall indemnify and save harmless the County,the
members of this cooperative purchasing endeavor, and all persons acting for or on behalf of any
of them from all suits and claims against them, or any of them, arising from or occasioned by the
use of any material, equipment or apparatus, or any part thereof, which infringes or is alleged to
infringe on any patent rights. In case such material, equipment or apparatus, or any part thereof,
in any suit is held to constitute infringement, the Contractor, within a reasonable time, will at its
expense, and as the County and/or the members of this collective purchasing group may elect,
replace such material, equipment or apparatus with non-infringing material, equipment or
apparatus, or remove the material, equipment or apparatus and refund the amounts paid
therefore.
The Contractor shall be liable, and agrees to be liable for, and shall indemnify, defend
and hold the County and the Plymouth County Commissioners harmless from all liability,
claims, suits,judgments, expenses or damages including court costs and attorney's fees arising
out of the intentional acts, negligence or omissions by the Contractor or any subcontractor
utilized by the Contractor, in the course of the operations of the Contract.
Article 8 Vehicle Catalog
8.1 Vehicle Catalog. Within forty-five(45) days of execution of this Contract and any
extension issued under this Contract,the Contractor shall produce and distribute a catalog for
distribution to all members of the County's Collective Bid, which shall have the approval of the
Plymouth County Commissioners prior to printing and distribution. The catalog shall describe
all vehicles under the Contract and shall include base vehicle price and description and pricing
for all options, equipment, and accessories as awarded in the Contractor's Response. If any
contract extensions are executed,the Contractor is required to notify all members of this
Collective Bid within fifteen (15) days of its notification by the Plymouth County
Commissioners.
8.2 Review. At least a two (2) week lead time must be given to the Plymouth County
Commissioners to review and approve the proposed catalog prior to printing and distribution.
Advertising will be limited in the catalog to those items and options that were included in the
County's Invitation for Bids and this resulting Contract. All items listed in the catalog must be
taken directly from this Contract and the County's Invitation for Bids.
Article 9 Applicable Laws.
pp.8
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC #23 to 26
9.1 Compliance. The Contractor shall comply with all applicable Federal, State, and Local
laws and regulations. The Contractor shall promptly comply with all applicable laws, rules,
regulations, ordinances, orders or requirements of any governmental authority relating to the
delivery of the service described in the Contract. Unless otherwise provided by law,the
Contractor shall promptly pay all fines,penalties and damages that may arise out of or are
imposed because of the Contractor's failure to comply with the provisions of this section and
shall indemnify the Plymouth County Commissioners against any liability incurred as a result of
a violation if this section.
9.2 Familiarity with Requirements. Colonial Ford, Inc. dba Colonial Municipal Group by
signing this Contract attests that it is thoroughly familiar with their Response and this Contract
and how those requirements relate to Plymouth County and the Participants in the Cooperative
Bid 2023-2026. Ignorance of these requirements will not relieve Colonial Ford, Inc. dba
Colonial Municipal Group from any obligations or liabilities under the Contract.
9.3 Collusion. Contractor has executed a Non-Collusion Certificate with its Response to
the County's Invitation for Bids. By signing the Non-Collusion Certificate, the Contractor
declared that its Response was formulated without collusion with any person,representative,
agent or party submitting a competing Response.
9.4 Tax Compliance. Contractor has executed a Tax Compliance Certificate with its
Response to the County's Invitation for Bids. By signing the Tax Compliance Certificate,the
Contractor declared the fact that all Massachusetts Tax Obligations have been met by the
Contractor.
9.5 Choice of Law. The Contact shall be construed under and governed by the laws of
the Commonwealth of Massachusetts. The Contractor and agents thereof agree to bring any
State or Federal legal proceeding arising from the Contract, in which the Plymouth County
Commissioners are a party, in a court of competent jurisdiction within the Commonwealth of
Massachusetts. This paragraph shall not be construed to limit any rights a party may have to
intervene in any action,in any court or wherever pending, in which the other is a party.
Article 10 Assignment and Sub-Contracting
10.1 Assignment, The Contractor shall not assign in whole or in part or otherwise transfer
any interest in the Contract without the prior written consent of the Plymouth County
Commissioners;provided,however,that present and prospective claims for money due and
owing to the Contractor may be assigned to a bank,trust company or financial institution
insured by the Federal Deposit Insurance Corporation(FDIC)without such consent so long as
notice of such assignment is promptly furnished to the Plymouth County Commissioners. Any
complete or partial assignment of the Contractor's interest in the Contract shall require the
assignee, at the discretion of Plymouth County Commissioners,to supply such further
information as the Plymouth County Commissioners deems necessary. Any such assignment, in
whole or in part, shall also be expressly made subject to all defenses, set-offs or counter-claims
which would have been available to the Plymouth County Commissioners against the Contractor
in the absence of such assignment.
P6. 9
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC #23 to 26
10.2 Sub-Contracting. None of the services to be provided by the Contractor pursuant to
the Contract shall be subcontracted or delegated in whole or in part to any other organization,
association, individual, corporation,partnership or other such entity without the prior written
approval of the Plymouth County Commissioners. No subcontract or delegation shall relieve or
discharge the Contractor from any obligation or liability under the Contract except as specifically
set forth in the instrument of approval. All subcontracts shall be in writing and shall contain
provisions that are functionally identical to and consistent with the provisions of this Contract.
The Plymouth County Commissioners shall have the right to obtain a copy of any subcontract
upon request.
Article 11 Miscellaneous
11.1 Manuals. Contractor shall provide a Service Manual, or web link,to the Plymouth
County Commissioners for all models of vehicles. Said Service Manuals are due to the County
within fourteen (14)days of the execution of this Contract and any extension of this Contract.
11.2 Inspection. Representatives of the Plymouth County Commissioners may inspect
vehicles delivered under this Contract at random to ascertain compliance with the terms of this
Contract.
11.3 Independent Part . Contractor declares itself to be at all times acting and performing
as an independent party, and nothing in this Contract is intended to constitute a partnership or
joint venture between the Contractor and the County.
11.4 Conflict of Interest. No officer or employee of the Plymouth County Commissioners
shall participate in any decision relating to this Contract which affects his/her financial or
personal interest or the interest of any corporation,partnership,or association in which he/she is
directly or indirectly interested.None of the service to be provided by the Contractor shall be
used for any partisan,political activity or to further the election or defeat of any candidate for
public office.
11.5 Intellectual Property Rights. The Contractor shall at all times obtain the prior written
approval of the Plymouth County Commissioners before it, any of its agents, employees or
subcontractors, either during or after termination of the Contract,make any statement bearing on
the work performed or data collected under the Contract to the press or issues any material for
publication through any medium of communications.
11.6 Notice. Unless otherwise specified, any notice hereunder shall be in writing and
shall be deemed delivered when given in person to either party or deposited in the U.S. Mail,
postage prepaid and addressed to the persons and addresses indicated on the signature page in the
Contract.
11.7 Severability. If any provision of the Contract is declared or found to be illegal,
unenforceable or void,both parties shall be relieved of all obligations under that provision. The
remainder of the Contract shall be enforced to the fullest extent permitted by law.
pg. 10
Plymouth County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC#23 to 26
11.8 Price Quote Form and Reporting. Contractor will utilize a"price quote form for
public service vehicles."Prior to the 15th of the following month,Vendors must deliver to
Plymouth County a scanned copy of a signed(by the customer)detailed purchase order(price
quote)for each vehicle that is ordered by an entity under this Bid showing the price of each
vehicle and all additional items ordered such as options, accessories and added equipment along
with individual pricing for each item. Monthly sales reports shall be submitted by the Vendor to
the County of Plymouth reflecting gross monthly sales as set forth above along with the
remittance of any applicable Transaction Fees which may be due.Transaction Fees for the
previous month must be paid by the 15th day of the following month.,Monthly sales reports will
be emailed monthly to Plymouth County,prior to the 15th of the following month, on an Excel
spreadsheet to include vehicle order date,date vehicle arrives on Vendor premises, delivery date
to Buyer,vehicle make, VIN,and total sale cost of vehicle.
11.9 Installation of Accessories and Options. All radios,sirens,prisoner cages and lights
removed from vehicles to be reinstalled in new vehicles or installation of new radios,sirens,
prisoner cages,lights or other non-manufacturer supplied options and accessories will be
performed by a qualified installer. The Contractor will be responsible for ensuring that this work
is done in a professional and acceptable manner. Contractor will be responsible for these costs.
Contractor will be responsible for the conduct of its subcontractors and agents for installation of
accessories and options.
11.10 Police Patrol Vehicle Availability. Contractor shall maintain a ready stock of forty-five
(45)police patrol vehicles of which there will be twenty-five(25)marked and twenty(20)
unmarked police patrol vehicles as replacements for departments that will have lost vehicles due
to accident or other events. This requirement is reduced by seventy-five (75%)percent for the
last two(2)months of this Contract or the Contract extension. The required vehicle stock must
be on hand and available within sixty(60)days of the execution of this Contract. The Contractor
will be excused from this requirement only to the extent it may document that failure to comply
is solely due to the manufacturer's schedule for production of the vehicle(s)ordered. 1n such
event, Contractor must be able to document that an order has been placed with and accepted by
the manufacturer and a date for the production of the vehicle(s)has been scheduled. Should
Contractor fail to comply with the requirements of this Section,the purchase price of the marked
and unmarked patrol vehicles shall be reduced by Five Hundred($500.00)Dollars each for the
life of this Contract and any extension granted under this Contract.
Continued to signature page
pg. 11
Plymoutb County Commissioners Contract for Public Service Vehicles&Equipment Bid PCC#23 to 26
IN WITNESS WHEREOF,the parties have executed this Contract separately,on the dates
indicated by their respective signatures.
COLONIAL FORD,INC.DBA COLONIAL MUNICIPAL GROUP
11 Pilgrim Hill Road,Plymouth,MA 01360
by
Print Name and Title:
Date: 16 -
PLYMOUTH COUNTY COMMISSIONERS
44 Obery Street,Pl oath MA..12W,
by:
Pran or
As authorized by the uth County Commissioners by vote on September 16,2022
Date:October 1,2022