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Home My Public Portal About209-2023 - Lenco - Bearcat SWAT armored vehicle • PURCHASE AGREEMENT THIS PURCHASE AGREEMENT made and entered into this -14--day of , 2023, by and between the City of Richmond, Indiana, a municipal corporation acting by and through its Board of Public Works and Safety (hereinafter referred to as the "City") and Lenco Industries, 10 Betnr Industrial Drive,Pittsfield, Massachusetts, 01201 (hereinafter referred to as the "Contractor"). SECTION I. STATEMENT AND SUBJECT OF AGREEMENT City hereby retains Contractor to furnish one (1) BearCat G3 steel armored vehicle with related equipment and accessories for the SWAT team (hereinafter referred to as "Vehicle" or"Equipment") for the City of Richmond Police Department. Requests for Quotes were made in August of 2023. Responses to said request are on file in the office of the Richmond Police Department, and are hereby incorporated by reference and made a part of this Agreement. Contractor agrees to abide by the same. The response of Contractor dated August 22, 2023, is attached hereto as "Exhibit vhich Exhibit consists of two (2) pairs, and is hereby incorporated by reference and made a part or finis Agreement. Contractor agrees to comply with all terms and conditions contained in "Exhibit A." Delivery of any Vehicle that does not meet all specifications listed on "Exhibit A" will be considered a breach of this Agreement. Contractor shall not modify or alter any standard warranty from the manufacturer of the above described Vehicle. Nothing contained herein shall prevent Contractor from providing any additional or supplemental warranty in addition to that provided by the Manufacturer. Further, Contractor shall provide City with copies of its warranty upon receiving a written or verbal request to receive such warrant Should any provisions, terms, or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions, terms, or conditions of this Agreement, this Agreement shall be controlling. The Contractor shall fiarnish all labor material, equipment, and services necessary for and incidental to the proper completion of this Purchase Agreement. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; and 2. A purchase order has been issued by the Purchasing Department. Contract No. 209-2023 Page 1 of 6 SECTION H. STATUS OF CONTRACTOR. Contractor shall be dmmed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide, at its own expense, competent supervision of the completion of this Purchase Agreement. SECTION III. CO.MPENSA.TION City shall pay Contractor the quote amount described on "Exhibit A" for the Vehicle, provided that Contractor's total compensation shall not exceed Three Hundred Twenty Thousand Five Hundred Thirty-three Dollars and Zero Cents ($320,533.00) for purchase of the Vehicle pursuant to this Agreement. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all parties and shall continue in effect until satisfactory delivery and acceptance of the Vehicle. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part, for cause, at any time by giving at least five (5) working days written notice specifying the effective date and the reasons f 4: termination which shall include but not be limited to the following: a. failure, for any reason of the Contractor to fulfill in a timely and proper manner its obligations under this Agreement; b, submission by the Contractor to the City of reports that are incorrect or :incomplete in any material respect; c, ineffective or improper use of funds provided under this Agreement; d. suspension or termination of the grant finding to the City under which this Agreement is made; or e. unavailability of sufficient funds to make payment on this Agreement. In the event of such termination, the City shall be required to make payment for all work per:fern:led prior to the effective date by Contractor, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part, by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination, the portion to be terminated. This Agreement may also be terminated by the City if a force-majeure event occurs and the results or aftereffects of said event causes the performance of this Agreement to become impossible or highly impracticable. Said event or results or aftereffects of said event would include events or effects Page 2 of 6 A, which the parties to this Agreement could not have anticipated or controlled. Examples of a force- majeure event, or its results, would include, but would not be limited to, events such as an Act of God, an Act of Nature, an Act of Law, or an Emergency Act of Executive Enforcement of the Federal government, the State of Indiana, or local government. SECTION V. INDEMNIFICATION AND INSURANCE Contractor agrees to obtain insurance and to indemnify the City for any damage or injury to person or property or any other claims which may arise from the Contractor's conduct or performance of this Agreement, either intentionally or negligently; provided, however, that nothing contained in this Agreement shall be construed as rendering the Contractor liable for acts of the City, its officers, agents, or employees. Contractor shall as a prerequisite to this Agreement, purchase and thereafter maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's operations under this Agreement, whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them, or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation & Statutory Disability Requirements B. Employer's Liability $100,000 C. Comprehensive General Liability Section 1, Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all provisions of the Indiana Worker's Compensation law, and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another stalie's worker's compensation law, Contractor may choose to comply with all Page 3 of 6 ) provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. 1RAN INVESTMENT ACTIVITIES Pursuant to Indiana Code (IC) 5-22-16.5, Contractor certifies that Contractor is not engaged in. investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety (90) days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor, the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. in the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION VIII. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire, tenure, terms, conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color, sex, disability, national origin, or ancestry. B. Pursuant to :Indiana. Code 5-16-6-1, the Contractor agrees: I. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder, Contractor, any subcontractor, or any person acting on behalf of Contractor or may sub-contractor, shall not discriminate by reason of race, religion, color, sex, national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor, any sub-contractor, or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, religion, color, sex, national origin or ancestry: 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and 4. That this Agreement may be canceled or terminated by the City arid all monies due or to become due hereunder may be tbrfeited., .for a second or any subsequent violation of the terms or conditions of this section of the Agreement. Page 4 of 6 C. Violation of ':he terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement. SECTION IX. RELEASE OF 11..,IABILITY Contractor hereby agrees to release and hold harmless the City and all officers, employees, or agents of the same from all liability for negligence which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. SECTION X. MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. It shall be controlled by Indiana law and shall be binding upon the parties, their successors and assigns. It constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and suit arising under this Contract, if any, must be filed in said courts. The parties specifically agree that no arbitration or mediation shall he required prior to the commencement of legal proceedings in said Courts. Any person executing:his Contract in a representative capacity hereby warrants that he has been duly authorized by his or h.ur principal to execute this Contract. in the event of'any breach of this Agreement by Contractor, and in addition to any other damages or remedies, Contractor shall be liable for all costs incurred by City due to the enforcement of this Agreement, including but not limited to City's reasonable attorney's fees, whether or not suit is filed. [Signature Page to Follow.] Page 5 of 6 . - In the event that an ambiguity or question of intent or a need for interpretation of this Agreement arises, this Agreement shall be construed as if drafted jointly by the parties, and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond, Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" THE CITY OF RICHMOND, LENCO INDUSTRIES INDIANA BY AND THROUGH ITS 'BOARD 10 Betnr Industrial Drive OF PUBLIC WORKS AND SAFETY Pittsfield, MA 01201 Vicki Robinson, President By: Printed: 1 ,mi y Pa ner, ember By: Title: Li± LJLad Matt Evans, Member Date: Date: 0 (' APPROVED: n ,nineires"-)r Date: z6 z3 Page 6 of 6 uotation 101484 ARMORED',,x,VEHICLES Customer Code: RiLIN Protecting 014Y Nation's DefetiOersui Quotation Date: 08/22/23 10 Betnr industrial Drive-Pittsfield,MA 01201 PH:413-443-7359-FAX 413-445-7865 Lenco Tax ID* 04-2719777 Page#: 1 of 2 Bill To Ship To Richmond Police Department Richmond Police Department SO N 5th St. 50 N 5th St. Richmond,IN 47374 USA Richmond,IN 47374 USA -- — Payment Terms Shipping Terms Ship Via — , Net 30 Days FOB; Destination Common Carrier Estimated Completion Lenco Contact Inspection&Acceptance 12+months ARO(Est.) Jim Massery At Lenco's Facility,Pittsfield,MA Item: Product# Qty Unit Price Total Vehicle configuration 2963 MM. Lenco BearCat BC55003-BASE 1 $200,704.00 $200,704,00 Options: LED Red and Blue LED_RED_BEUE 1 Exterior Paint Color:Lusterless Black LUSTERLESS BLACK 1 Gasoline Engine BCGSEN 1 BearCat G3 4-Wheel Off-Road Upgrade Pkg w/Run-Fiats BC3WOFFRD 1 $34,958,00 $34,958.00 4-Door Configuration BC4DR j 1 $7,858.00 $7,858,00 (1)7"Vertical GunPort Upgrade BCGP7 8 $152,00 $1,216.00 Electric Power Mirrors BCMIR 1 $1,508 00 $1,508.00 .. 360 Camera System BC360DEG 1 $4,422.00 $4,422.00 Radio Prep Package,(1)Max(2) BCINSRA 1 1 $502,00 $502.00 Rear A/C-Heating Systems:High Capacity Upgrade BCHACUP 1 $7,182.00 $7,182,00 Hydraulic Ram Upgrade wFront Mounted Receiver with Ram Post and Plate BCHYDRAM 1 $12,479,00 $12,479,00 Break and Rake BCBAR 1 $1,200.00 $1,200.00 VSP Style Low Profile&Scene Lighting?kg BCVSPL. 1 $4,068.00 $4,068.00 Roof Mounted Remote Control Spot Light-LED BCSLLED 2 $1,404,00 $2,808,00 Take Down Light(Bumper Mounted) BCTOL 1 $1,853,00 $1,853 00 Police Cupola w/Glass&Barn Doors BCPCUPOLA 1 $26,321,00 $26,321 00 Armored Oil Pan Guard BCAOPG 1 $1,936,00 $1,936.00 Ballistic Skip Round Shield BCBSRS 2 $1,936.00 $3,872.00 intercom System Inside to Outside BCINT 1 $2,871.00 $2,871.00 5 Pack Nag Kii BCMAGKIT 1 $975.00 $975,00 Configuration Subtotal: $315,733.00 ...._. Lena)BearCk _____ - NEWCONFIG 1 --- $316,733.00 $316,733.00 Vehicle Freight FREIGHTVEHICLE 1 $3,800.00 $3,800.00 Net Total $320,533.00 ,1\ } — 1 X!' !F.31f A PA i OF 7 1 ___ -_ , _ uotation 1 14 4 iT:rintiongiiix veinal:1-Es Customer Code: RILIN Protecting Our Nation's Defenbersv, Quotation Date: 08/22/23 10 Betnr Industrial Drive-Pittsfield,MA 01201 Lenco Tax ID#: 04-2719777 PH:413-443-7359-FAX:413-445-7865 Page If: 2 of 2 Notes: WARNING; lei' The written approval of the Directorate of LISIDefense Trade Controls and Lenco Industries Inc.must be obtained before reselling,transferring,transshipping or disposing of a defense article to any end user,end use or destination other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption Is claimed under this subchapter ITAR 3,23,9(A), Acceptance of this quotation or entering into a purchase agreement with tenet),the purchaser agrees to Lencors full Terms and Conditions of Sale,available upon request,This quote will be valid for 90 days. ACCEPTANCE Of.PROPOSAL Authorized //' --' - Authorized Signature: „,A0 , Signature: avr.e4,rt• Pleas1411i)rOsed're'turn' Or im Massery Thank you, 1\ ZXH IF' II)(4PAGL , . N Quotation 101484 Prolectino 0wr0xbow's Customer Code: R|L|N zoaet»,Industrial Drive Pittsfield,wwo1zo1. Quotation Date: 08/22/23 p*:4o-44o-/any'FAX:ea�4^s'7om5 Lenco Tax|D#: 04'3719777 Pmge#: lmf Z Bill To Ship To Richmond Police Department Richmond Policeoepaumen, - m47374Usx 73/4USx Payment T�oms �h|p�|nBTanns ------ / _ Ship Via _ Net 5o Days ____ FOB: Destination cv�m"ocvn�r -- Es�nmatmd Completion ��-- ------- ----- �n�pmc�|on ��cc�ptance | _ u+months^Ru/Est�y /|mwassery xt��vm'smcU/�.no�8go.�x Item; ___ � ______ Product 4� Unit Total v*NdcmmU u --------- ----- �� nn zeoo �nmur^^�� acssnos'uASE----- � $�ou.7u*.u0 --- $zVo'm400 Options: ---------- ` ---- LED�d^ndV|ve �— ��sn_n �u�----- � ---- -- -- ---- � ---------- | Exterior Paint Color:Lusterless Black LUSTERLESS —�------- ---- Ga,v|incsnninc ----' -------- acnss---�--- � z ------- — ue*Cat G3+Wx el Off-Road Upgrade P«nw/Run+lats____ _ _ncsWornRD/ —_-- --- I i - $3 -4.95i3o0 ------- $a*z ..s�zV�.V000 4'»pv Configuration ncvnR z v/� � �7.aosVu <z>7^v��ogGunPo�Upmmdx ecnp7 x ____ c|rctr�pvwew|nqo ocw|R z $z�—o—m—o $ �nm. ____ o 360 Camera System ec360DEG z $4.422,00 ^ $w.wz.nu Radio Prep Package,(1)Max(2) momsxA z s�� .no y /«cxoauoosys,c��*��puci�upn�oo �- ' � mc*^cop z 7��r ' ---- ! _$��o�� $7.1ozon *yumv|�Ram Upgrade wFomtwuvmom Receiver wthRam Post anuriu�c acx��-- / z ' »zz*/eno $��«7yun' � Break and Rake � ^ ' � ` � U Roof Mounted Remote Control Spot Light-LED.--...—.— BCSLLED 2 $1,404.00 $2,808.00 Take Down Light(Bumper Mounted) K-TDL 1 $1,853.00: Armored Oil Pan Guard BCA0PG $1,936.00.. -----$1,93600 Ballistic Skip Round Shield BCBSRS $1,93600 $3,87200 Intercom�YTtWfnslde to Outside BCINT LcomBea,cm / ��u�u/ $szor � �rnim� - ------ -- �--�� vv�-- $n' o o Vehicle ~ - __-�s�� . o—u� oo " m:�rv�m| --- ---- _____ $oan,ss�.no � \ � \ ' \ 1 N Quotation 101484 Ali[OOHED x VEHICLES Customer Code: RUN Protecting Or Nation's Defembers'm Quotation Date: 08/22/23 10 Betnr Industrial Drive-Pittsfield,PIA 01201 Lenco Tax ID#: 04-2719777 PH:413-443-7359-FAX:413-445-7865 Page#: 2 of 2 Notes:. WARNING Information Sublect to Ecport Control Lava The written approval of the Directorate of US Defense Trade Controls and Lenco Industries,Inc,roust be obtained before reselling,transferring,transshipping or disposing of a defense article to any end user,end use or cbstinatIon other than as stated on this Lenco quote or the shipper's export declaration in cases where an exemption Is claimed under this subchapter ITAft 123,9(A). Acceptance of this quotation or entering irrtc"a purchase agreement with Lenco,the purchaser agrees to Lenco's full Terms and Conditions of Sale,available upon request.This quote will be valid for 90 days, ACCEPTANCE OF PROPOSAL Authorized4....7 , f Authorized / Signature: 7 ,,- , , - Signature: icv",,e4-141004.e4.7 Please , a ." .turn Jim Massery Thank you I , \ .