Town of Barnstable. Request for Proposal FOR THE LEASE OF FUEL EFFICIENT VEHICLES FOR THE REGULATORY SERVICES DEPARTMENT

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1 Town of Barnstable Request for Proposal FOR THE LEASE OF FUEL EFFICIENT VEHICLES FOR THE REGULATORY SERVICES DEPARTMENT Issued: December 16, 2013 Contact: Johanna Boucher (508) RFP Due date: No later than January 24, 2014, 2 pm All potential Proposers are required to be registered on the Town of Barnstable Proposal & RFP System at This document and any addenda thereto are issued electronically only. It is the responsibility of every Proposer who receives this Proposal document and all associated documents to check the Town of Barnstable Proposal & RFP System for any addenda or modification to this solicitation, if they intend to respond. The Town of Barnstable accepts no liability to provide accommodation to Proposers who submit a response based upon an out of date solicitation document or documents obtained from a source other than the Town. Proposers may not alter (manually or electronically) the Proposal language or any Proposal documents. Unauthorized modifications to the body of the Proposal, specifications, terms or conditions, or which change the intent of this Proposal are prohibited and may disqualify a response.

2 TABLE OF CONTENTS Page Number I INTRODUCTION AND BACKGROUND 3 A. Background 3 II. KEY DATES FOR PROPOSAL r III. PROPOSAL INSTRUCTIONS 4 A. Instructions to Proposers 4 B. Questions and Clarifications 8 C. Notification of Award 8 D. Lease 8 E. Termination of Lease 9 F. Licenses and Permits 9 G. Town Monitoring 9 H. Subcontracting of Services 9 I. Minority/Women Owned Business Participation 9 IV. PROPOSAL REQUIREMENTS 10 A. Minimum Requirements 11 B. Technical Specification (include in proposal submittal) V. PROPOSAL EVALUATION 19 Minimum Evaluation Criteria 19 Comparative Evaluation Criteria 19 VI. PROPOSAL SUBMISSION REQUIREMENTS 21 APPENDICES A. Submission 21 B. Non-price Proposal 21 C. Price Proposal 21 D. Contact Information 21 APPENDIX A Price Proposal Worksheet (separate sealed envelope) APPENDIX B Certificate of Non-collusion State Taxes Certification Clause 26 APPENDIX C Lease 27 APPENDIX D Legal Advertisement 30 APPENDIX E Sample Non-appropriation of funds clause 31 SECTION I. INTRODUCTION AND BACKGROUND 2

3 The Purchasing Agent of the Town of Barnstable (the Town) on behalf of the Regulatory Services Division is soliciting proposals for the lease of the following new 2014/2015fuel efficient vehicles for the term of thirty-six (36) months commencing July 21, 2014: Quantity 2 Midsize Sedans Quantity 10 Midsize Hatchbacks Minimum fuel efficiency on vehicles 29 EPA combined fuel economy rating Town will consider hybrid and gas fueled fuel efficient vehicles. All electric cars are not to be considered for this requirement as we are unable to support them at this time. Note: The Town currently leases ten midsize hatchbacks and wishes to continue to do so, however, based on final cost, reserves the right to reduce the final ordering quantity by up to two vehicles. The Town will award a thirty-six (36) month lease to the responsive and responsible proposer that best meets the Town s needs, taking into account proposed lease vehicle quality and price. In order to be considered, lease proposal must include a nonappropriation of funding clause allowing for the termination of the lease at no cost to the Town in the event of a non-appropriation of funds for the purpose of the lease. This is a mandatory requirement in accordance with municipal finance rules. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all leases must be strictly awarded in accordance with the requirements of the Request for Proposal. The Town has no discretion under the law to consider proposals that fail to comply with those requirements, except for minor informalities as permitted by MGL Chapter 30B Section 5(f). If it becomes necessary to revise any part of this RFP or otherwise provide additional information, an addendum will be issued to all prospective proposers who received copies of the original request. A. BACKGROUND The Town of Barnstable is located on Cape Cod and was incorporated in The Town has an annual year-round population of over 48,000 and approximately 125, ,000 seasonal residents. The Town encompasses an area of 64.1 square miles and consists of seven distinct villages: Barnstable, Centerville, Cotuit, Hyannis, Marstons Mills, Osterville, and West Barnstable. It serves as the County Seat for Barnstable County. The Town of Barnstable is located approximately 65 miles from Boston and approximately 75 miles from Providence. The Town of Barnstable serves as the commercial center for Cape Cod. It houses the main hospital, regional social service agencies, the superior court, and the regional shopping mall to name a few. The Town functions under a Council-Manager form of government, with a charter-supported strong Manager, and thirteen Town Councilors elected by precinct. The Barnstable Town Council is the legislative and policy-making branch of the Town government. The council develops, adopts, and enacts policies and ordinances, which it believes promote and enhance the general welfare of the Town. The Regulatory Department, over the past several years, has leased a fleet of vehicles for the various services groups in their division including Parking, Building, Health, 3

4 and Conservation. Vehicles are utilized by Town employees in performing their duties as required to service the citizens of the Town of Barnstable. SECTION II. KEY DATES FOR THIS INVITATION FOR PROPOSAL Key dates for this Proposal December 16, 2013 December 22, 2013 January 1, 2014 January 15, 2014 January 24, 2014 Office Within 60 days July 21, 2014 Request for Proposal Issued Legal Advertisement in the Cape Cod Times Legal Advertisement & Goods & Services Bulletin Last date to submit questions to Purchasing Agent Proposals due, no later than 2:00 pm, Purchasing Agent s Notice of Award Deliver Vehicles to the Regulatory Department, 200 Main Street, Hyannis, MA SECTION III. PROPOSAL INSTRUCTIONS A. INSTRUCTIONS TO PROPOSERS 1. Attention of all proposers is directed to Chapter 30B of the General Laws of the Commonwealth of Massachusetts and to all other applicable sections of the General Laws as most recently amended which governs the award of this lease. 2. The Town of Barnstable may cancel this RFP, in whole or in part, or may reject all proposals submitted in response, or may procure only some goods and/or services outlined in this RFP whenever such action is determined to be fiscally advantageous to the Town or if it is otherwise in the best interest of the Town. 3. The Town of Barnstable may request that supplementary information be furnished to assure the Town that a proposer has the technical competence, the business and technical organization, and the financial resources adequate to successfully perform the necessary work. 4. No forms are provided by the awarding authority except the - Appendix A, the Price Proposal submission sheet; Appendix B - Certificate of Non Collusion/State Taxes Certification Clause; Appendix C - Lease Sample Form. However, all proposals shall be in ink or typewritten and must be completed according to the instructions contained herein. 5. Questions or clarifications rising from these documents shall be submitted to the Town in writing. They should be sent to the individual named in 4

5 section III, C. They must be submitted in accordance with section II Key Dates for This Proposal. 6. Each proposer shall acknowledge receipt of any and all addendum issued to the Request for Proposal by so indicating in the Cover Letter/General Response. Failure to do so shall be cause to reject the proposal as being non-responsive. 7. The lease will be awarded within sixty (60) days after the actual proposal opening date, subject to the availability of funds to the responsive, responsible proposer complying with the conditions and requirements set forth in the proposal document and further provided that the proposal, in the opinion of the awarding authority, is reasonable and is in the best interest of the Town of Barnstable to accept it. The Town reserves the right to reject any and all proposals. 8. All proposals shall be based on delivery of the vehicles to the Town of Barnstable, Regulatory Department, 200 Main Street, Hyannis, Massachusetts. At the end of the lease term, the Proposer shall pick up the vehicles at the same location and return to the appropriate location based on lease terms with no additional cost to the Town. 9. The proposer shall sign the proposal correctly in ink or in the case of an organization, firm, partnership or corporation, a person having the legal authority from said organization to sign the proposal will sign the document. 10. All proposals shall be submitted to the Purchasing Agent, Town of Barnstable, Procurement & Risk Management, 230 South Street, Hyannis, MA 02601, on or before the dated and time stated in the Legal Advertisement Appendix D. Each proposal shall be in SEALED envelopes, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the proposer. Sealed Non-price Proposals must be submitted in a separate, sealed envelope from the Sealed Price Proposal. 11. Proposers may correct, modify or withdraw the original proposals on or before the date and time as stated in the Legal Advertisement - Appendix D. Corrections or modifications shall be in sealed envelopes, clearly marked to indicate the contents, with the name and address of the vendor. Any late correction or modification to the proposal will not be accepted. A proposer who wishes to withdraw a proposal must make a request in writing. 12. Each proposer shall be presumed to have read and be thoroughly familiar with these documents. Unfamiliarity with these documents shall in no way relieve any proposer from any obligation in respect to his/her proposal. 13. The proposer s attention is directed to the fact that all applicable state laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over municipal finance shall apply to the lease throughout, and they shall be deemed to be included in the lease the same as though herein written out in full. 5

6 14. It is understood that the proposer has submitted the Proposal in good faith and has not colluded with any other individuals, firms, or corporations in creating the proposal to subvert the market process. See Certificate of Non-Collusion - Appendix B. 15. All costs involved in preparing the Proposal will be borne by the vendor; the Town will not be liable for any costs associated with the creation of the Proposal. The proposer shall be familiar with all state, local and other laws relating to this type of work and shall obtain all permits, if required and shall pay all expenses for same. 16. All responses are to include a statement that the Proposal is in accordance with this Request for Proposal and that the proposer has read and understands all sections and provisions herein. Exceptions, if any, are to be clearly stated. 17. Proposals, which are incomplete, conditional or obscure, will be rejected. No award will be made to any proposer who cannot satisfy the awarding authority that he/she has sufficient ability and sufficient capital to enable him/her to meet the requirements of these specifications. The awarding authority s decision or judgment on these matters shall be final, conclusive and binding. 18. Any proposal received after the date and time stated in the Legal Advertisement Appendix D, will be deemed non-responsive and shall not be opened. Unopened proposals will be returned to the proposer. 19. The evaluation of the Non-Price Proposals will be conducted by a team/committee appointed by the Chief Procurement Officer with the direction of the Town Manager. The judgment of the evaluators will be based upon the evaluation criteria set forth in this RFP and shall be final. 20. The Non-Price Proposals will be opened on the date and at the time stated in the Legal Advertisement Appendix D. The name of the person or organization submitting a proposal will be read and recorded. The contents of all proposals will Not be Public until after an award is made. A register of proposals will be completed indicating the name of the proposer and the number of proposal modifications submitted by each proposer. This register may be viewed upon request. The names of the witnesses will also be recorded. The Price Proposals will be opened only after the evaluation has been completed. 21. Any lease resulting from this RFP shall be awarded to the proposer whose Proposal is deemed to be the most Highly Advantageous to the Town of Barnstable. The Town alone will be the sole judge in determining whether a vendor s proposal satisfies the requirements of this RFP and whether or not the Proposal will prove advantageous to the Town. The selected vendor will be under contractual agreement to the Town per the attached lease document. 22. Response to this Request for Proposal acknowledges the vendor's acceptance of all sections and requirements of this document. The Request for Proposal will be written into the successful vendor's proposal as part of 6

7 the lease. If the vendor s proposal does not comply with the requirements of this request for proposal, or if an item is not understood in anyway, a copy of that section of the request for proposal must then be included in the proposal and all its copies clearly stating the deviation, additions, or other comments. 23. If at any time the vendor is unable to furnish materials or services as ordered by the awarding authority within the Town may order such materials or services from such supplier as who can furnish materials or services and the vendor shall pay to the Town all expenses incurred above the lease price. 24. If services of the vendor are subsequently deemed to be unsatisfactory to the Town and are in violation of these specifications, the Town shall notify the said proposer in writing. If mutually agreeable arrangements cannot be achieved between the Town and the vendor, the lease will be terminated. Notice of termination shall be in writing and notification will be sent by registered or certified mail. Termination will become effective seven (7) days after mailing said notification. 25. New equipment and accessories proposed in this RFP, unless otherwise specified, shall be the manufacturer s latest model and design. The successful proposer shall supply all standard items contained in the manufacturer s published specifications, unless the enclosed specifications call for an optional item to replace the standard item. The manufacturer s published specifications must be included in the proposal submitted. All equipment and accessories must meet all Federal, State, and Local safety standards. 26. Proposer is to supply equipment in turn-key condition suitable for its intended operation. All components must function together as an integrated unit. The owner's decision or judgment on these matters shall be final, conclusive and binding. 27. Non-Appropriation of Funds Clause - The lease term for the vehicles is to be thirty-six (36) months. Funds have will have been appropriated for Fiscal Year 2015 by the time of the signing of the lease document for the lease of these vehicles. Future funding for the lease beyond this fiscal year (effective 7/1/2015) is subject to the yearly appropriation of funding by the Town Council. If the Town does not appropriate funds for the stated purpose of this lease, the contract will be terminated at no additional cost to the Town. Non-appropriation of funds clause must be included in the lease document or added supplementally to the lease by the proposer. 28. Lease term to commence upon delivery and acceptance of all vehicles complete at 200 Main Street, Hyannis, MA. 7

8 B. QUESTIONS AND CLARIFICATIONS Questions requiring clarification shall be submitted in writing to the Purchasing Agent, Johanna Boucher, via at or FAX (508) prior to the date indicated above in Section II, Key Dates, in order to afford the Town adequate time to respond with a correction or additional information prior to the deadline for submission of proposals. Should it be found necessary, a written addendum will be incorporated into the RFP and will become part of the lease. Those who have received a copy of the RFP will be notified of such changes. C. NOTIFICATION OF AWARD All proposers will be notified of the selection decision within 60 days of the date proposals are due to the Town unless otherwise notified by the Town. In no case will the award be made beyond 90 days unless the vendor agrees to extend the period of time in which the proposal is valid. D. LEASE This Request for Proposal, as well as the selected vendor's proposal, and any addenda to that proposal will become part of the final lease. The sample lease the Town will sign is attached as Appendix C. If other lease proposed, include with your submittal. The lease period will be for the terms as written in the Legal Advertisement document included in Appendix D. Firm pricing limits to be established and bound as part of price portion of proposal based on evaluation committee determination. This must be in the price proposal to be considered. The lease shall be subject to Force Majeure considerations. Either party hereto shall be excused for performance of any act under the contract if prevented from performance of any act required by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonable within the control of the party. The period for the performance of such obligation shall be extended for an equivalent period for no additional cost to the Owner. Continued failure to perform for periods aggregating sixty (60) or more days, even for causes beyond the control of the Vendor, shall be deemed to render performance impossible, and the Owner shall thereafter have the right to terminate this agreement in accordance with the provisions of the section entitled Termination of Contract. E. TERMINATION OF LEASE Subject to the provisions of the section explaining Force Majeure, if the Vendor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Town shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after 8

9 written notice of such failure or violation is received by the vendor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the vendor of such termination and ing the effective date thereof, at least seven (7) days before the effective date of such termination. F. LICENSES AND PERMITS The proposer is responsible for obtaining and holding in good standing all relevant licenses and certificates associated with the completion of these services, if applicable. Evidence of these requirements is to be made part of the proposal. If a permit is not currently held or the application process is pending, the vendor should indicate such. The Town reserves the sole right to decide if the lease may be awarded to the vendor despite the failure to produce the actual permits or copies thereof. They must be held in force throughout the terms of the services as contracted. G. TOWN MONITORING On a periodic basis, Procurement staff will review Vendor s performance to lease terms and conditions to assure compliance. H. SUBCONTRACTING OF SERVICES The subcontracting of services under this lease is not allowed unless it is specifically presented in the proposal by the proposer with a clear understanding of the responsible party submitting the proposal. The Town reserves the right to not allow the use of any subcontractors who are not capable of demonstrating their proficiency and expertise. I. MINORITY OR WOMAN BUSINESS ENTERPRISE PARTICIPATION Minority-Owned Business Enterprises (MBE) or Woman-Owned Business Enterprises (WBE) are strongly encouraged to submit proposals in response to the Request for Proposal (RFP). For the purposes of this RFP, the term MBE or WBE shall mean a vendor who is certified as a minority business enterprise by the State Office of Minority and Women-Owned Business Assistance (SOMWBA), and who is certified at the time the vendor s proposal is submitted. All minority owned businesses are encouraged to apply for SOMWBA certification. For further information on SOMWBA qualifications, or access to SOMWBA vendor lists, contact the State Office of Minority and Women-Owned Business Assistance at (617) The Town of Barnstable will require vendors and subcontractors involved in local municipal projects to abide by the Equal Opportunity Anti-Discrimination Program guidelines below, which form a part of the lease generating from this RFP. EQUAL EMPLOYMENT OPPORTUNITY ANTI-DISCRIMINATION PROGRAM 9

10 During the performance of this lease, the Vendor and all of (his) Subcontractors (wherein after collectively referred to as the Vendor), for himself, his assignees, and successors in interest, agree as follows: 1. The Vendor, in the performance of all work after award and prior to completion of the lease work, will not discriminate on grounds of race, color, religious creed, national origin, age or sex in employment practices, in the selection or retention of subcontractors, or in the procurement of materials and rentals of equipment. Fair Employment Practices Law of the Commonwealth (M.G.L. Chapter 151B) SECTION IV. PROPOSAL REQUIREMENTS A. MINIMUM REQUIREMENTS The evaluation committee shall reject Proposals which do not meet the following certain minimum requirements: 1. Submitting vendor firm must have been in business a minimum of five (5) years in the distribution via sales and leasing of motor vehicles. 2. The Proposal must be from an individual or established business, corporation, partnership, sole proprietorship, joint stock company, joint venture, firm, or other entity engaged in the practice of providing such services as the principal business for which the entity was formed. 3. Possess all necessary current licenses and registrations as to qualify under Massachusetts law to perform the stated services. 4. Not be debarred under M.G.L., chapter 149, section 44C, or disqualified under M.G.L., chapter 7, section 38H, as applicable. 5. All Proposals shall be submitted to the Purchasing Agent as stated in the Legal Advertisement - Attachment B. Each Proposal shall be in SEALED envelopes, clearly marked on the outside of the envelope to indicate the contents, and the name and address of the proposer. Sealed Price Proposals must be submitted in a separate, sealed envelope from the sealed technical Proposal, using the Price Submittal Form (Attachment C ). Please note: No element of the pricing proposal may be contained in the technical proposal submittal. 6. The Proposal must be received by the Purchasing Agent before the deadline for receipt of Proposals indicated in Section II, Key Project Dates and Schedule, and must be complete (must include or address all items specified in Section VI Proposal Submission Requirements). Do not rely upon stated delivery times from contracted package delivery services. 10

11 7. The proposer must have signed the Certificate of Non-Collusion and the State Taxes Certification Clause, and all other required Proposal forms and shall include them in the Proposal package. 8. The Proposal must be signed by an agent of the company who has authority to bind the company to a firm Proposal price. 9. All responses are to include a statement that the Proposal is in accordance with this Request for Proposals and that the proposer has read and understands all sections and provisions herein. Exceptions, if any, are to be clearly stated. 11

12 NON PRICING TECHNICAL SECTION FOLLOWING TO BE SUBMITTED IN SEPARATE ENVELOPE 5 COPIES. B. TECHNICAL SPECIFICATIONS FOR REGULATORY VEHCILE LEASE (page 12 18) MANDATORY TO COMPLETE AND SUBMIT IN NON PRICE PROPOSAL VEHICLE PROPOSAL DETAILED SPECIFICATION TABLE Quantity 2 Midsize Sedans, 4 door, 5 passenger Quantity 10 Midsize Hatchback, 4 passenger Minimum fuel efficiency on all vehicles 29 EPA combined fuel economy rating It is the intent of these specifications to describe the minimum requirements for vehicles listed above. The vehicles will be used by the Regulatory Services Division for routine transportation in performing their duties for the Town of Barnstable. These vehicles shall be new, 2014/2015 models, in production for over one (1) year with the minimum specified requirements as stated below. They shall be furnished with all standard equipment advertised even if not specifically called for here, except where the item is replaced by optional over standard equipment of if conflicting equipment is specified. The units shall be complete with all equipment required and ready for immediate operation to function as listed above. All transportation charges shall be included. The units must meet all applicable codes, regulations and standards. Following are the lease requirements of the Town of Barnstable: Acknowledge each requirement by initialing box next to item number: 1. Lease term - 36 months commencing 7/21/2014. Lease only, to be turned in at the end of the lease term. Lease documents may not include options or evergreen clauses. 2. Yearly mileage allowance 10,000 (minimum). 3. Warranty Repairs any required warranty repairs or recalls are to be performed at a local authorized dealer or service center. Dealer to services vehicles to be stated below. 12

13 4. No money down, 36 equal monthly lease payments for each lease vehicle on one consolidated monthly billing. 5. The Town is tax exempt. 6. Proposed lease price MUST include all costs and fees except license and registration fees. No additional costs shall be paid by the Town other that the successful vendors monthly lease price. 7. Below are the minimum requirements for each vehicle. Please in space allotted that you are meeting the requirement, and if exceeding, provide additional detail. 8. All vehicles proposed under each requirement must be the same manufacturer and model. Proposers may submit more than one Proposal for different vehicle brands. Each proposal submittal will be evaluated individually and each proposal package must be complete per the RFP instructions. (ie. If you are a dealer for vehicle brand X and vehicle brand Y, you may submit one proposal for brand X and one for brand Y if you wish. 9. There shall be no additional charges for the lease and completion of the lease transaction. 10. The Town of Barnstable will not sign any lease documents that contradict the terms stated herein. (sample must be included in proposal submittal). 11. Invoices to be submitted on a monthly basis to Town of Barnstable, Regulatory Services Director, 200 Main Street, Hyannis, MA PLEASE COMPLETE THE FOLLOWING, SPECIFY PROPOSED VEHICLE INFO BELOW: LEASE REQUIREMENT #1 4 DOOR SEDAN OFFER SPECIFY YOUR Description of Minimum SPECIFY Equipment Requirements Offer Quantity 2 Yearly Mileage Allotment 10,000 (minimum) Specify 13

14 Manufacturer Please state Specify Manufacturer s Model # Please state Year New, 2014/2015 Body Type 4 door, mid size sedan Vehicle Mileage Minimum 29 mpg EPA combined fuel Economy Rating Seating Minimum - 5 passenger Color Black Transmission Automatic or Automatic CVT Fuel Type Regular unleaded gasoline or Regular unleaded/electric Brakes 4 wheel ABS, 4 wheel disc power assisted Or drum Tires All Season Spare Tire Full size or compact Air Conditioning & Heating Factory installed Power Accessories Minimum Power windows, locks, Driver seat, steering Radio AM/FM with clock Entry System Keyless remote Specify Front Leg Room Minimum 41 inches Rear Leg Room Minimum 38 inches Steering Wheel Adjustable Windshield Wipers Variable Speed intermittent Rear Window Defrost included 14

15 Driver and passengers door edge guards included, after market Rear Back up Camera/alarm (this option not required, but desirable) Factory maintenance including oil changes to be included (this option not required, but desirable) Additional features/services to be included, not stated above: LEASE REQUIREMENT #2 4 DOOR HATCHBACK Description of Minimum Specify Equipment Requirements Offer Quantity 10 Yearly Mileage Allotment 10,000 (minimum) Specify Manufacturer Please state Specify Manufacturer s Model # Please state Year New, 2014/2015 Body Type 4 (min) Passenger Hatchback Vehicle Mileage Minimum 29 mpg EPA combined fuel Economy Rating Seating Minimum - 4 passenger, 2 front, 2 rear Color Black Transmission Automatic CVT or Automatic Fuel Type Brakes Regular unleaded gasoline or Regular unleaded/electric 4 wheel ABS, 4 wheel disc power assisted, or drums 15

16 Tires All Season Spare Tire Full size or compact Air Conditioning & Heating Factory installed Power Accessories Minimum Power windows, locks, steering Power Outlets Two (2) 12 volt power outlets Radio AM/FM with clock Front Leg Room Minimum 41 inches Rear Leg Room Entry System Keyless remote Specify Windshield Wipers Variable Speed intermittent Steering Wheel Adjustable Rear Window Defrost Folding rear seats Automatic off head lamp control Power Accessories Power windows, locks, steering Driver and passengers door edge guards included, after market Rear Back up Camera/alarm (this option not required, but desirable) Factory maintenance including oil changes to be included (this option not required, but desirable) Additional features/services to be included, not stated above: 16

17 State local dealership/facility to perform factory maintenance/oil changes GENERAL PROPOSAL REQUIREMENTS PARTS QUALITY Specify Any and all parts, components and installations not specifically mentioned but necessary to complete the equipment shall be furnished by the successful firm/individual. All parts, components and installation shall conform in strength, quality of material and workmanship to what is provided by good engineering practice. All parts and components shall be of current manufacture and in production at the time of installation. VEHICLE BROCHURES Specify A current brochure must be included with your Proposal Submittal for each model that is Proposal for the above requirements, clearly indicating specific model and features included. MISCELLANEOUS Advertising is not allowed, except for standard manufacture s markings normally on a unit. WARRANTIES All standard Factory, warranties expressed or implied, to begin upon delivery to the Town of Barnstable. Copy of manufacturer's warranty shall be enclosed. MANUALS Owners Manuals to be included REPAIR CAPABILITY The Proposer shall have an enclosed repair facility with factory certified mechanics or vehicle must be able to receive warranty work at an authorized dealer/service facility within 15 miles from vehicle delivery location. PARTS AVAILABILITY Normal replacement parts shall be available within 24 hours of order. DELIVERY - July 21, 2014 to 200 Main St., Hyannis, MA SAMPLE OF MUNICIPAL LEASE AGREEMENT 17

18 Town of Barnstable sample lease document attached. If the Proposer would like the Town of consider signing their lease document, a copy should be included with Proposal submittal. Terms must not conflict with requirements stated herein. NOTE: lease document MUST include non-appropriation of funds clause to be considered. Sample is enclosed. MANDATORY NON-APPROPRIATION OF FUNDS CLAUSE _ The lease term for the vehicles is to be thirty-six (36) months. Funds have been appropriated for Fiscal Year Future funding for the lease beyond this fiscal year is subject to the yearly appropriation of funding by the Town Council. If the Town does not appropriate funds for the stated purpose of this lease, the contract will be terminated at no additional cost to the Town. FIRM: SIGNATURE: ADDRESS: NAME (print) TITLE: TELEPHONE: DATE:_ ***********END OF NON-PRICE TECHNICAL SUBMITTAL FORM ************* 18

19 SECTION V. PROPOSAL EVALUATION Under the rules established in Massachusetts General Law Chapter 30B, the Town will appoint a proposal evaluation committee. Those proposals that meet all of the minimum requirements as outlined in this RFP, and are determined to be both responsive (those that offer all of the supplies and services requested in the RFP and contain all of the required information and forms properly completed) and those that are responsible (those with the capability, integrity, and reliability to perform under the lease) will be further reviewed using the comparative criteria outlined in this section. The evaluation committee will use the comparative criterion for each separate rating area, and based upon this criteria, will assign an overall rating to each proposal as permitted under Chapter 30B. The criterions may contain ratings of: Unacceptable, Acceptable, Not Advantageous, Advantageous, and Highly Advantageous as applicable. An Unacceptable rating in any one of the criterions may eliminate the proposal from further consideration. Minimum Evaluation Criteria -- Failure to meet the following minimum evaluation criteria will result in immediate rejection of the proposal. 1. Minimum Requirements: a. Meet minimum requirements as specified in Section IV-A b. Complete All forms as specified in Section IV and Appendices A E. Comparative Evaluation Criteria 2. Fuel efficiency/gas mileage. Unacceptable Less than 29 combined fuel economy rating. Advantageous A minimum of 29, but less than 39 combined fuel economy rating. Highly Advantageous 40 or more combined fuel economy rating 3. Yearly lease mileage allotment proposed (10K minimum required) Acceptable 10,000 miles per year for a total of 30,000 for lease term. Advantageous Up to 12,000 miles per year for a total of 36,000 for lease term. Highly Advantageous More than 12,000 miles per year. 4. Rear back up camera and alarm system included. Acceptable No backup proposed vehicles. camera and alarm system included in 19

20 Advantageous Back-up camera and alarm system included on one or the other of the two types of vehicles Highly Advantageous Backup camera and alarm system included on all proposed vehicles. 5. Proximity of proposed service center. Acceptable Within 15 miles of 200 Main Street, Hyannis, MA. Advantageous Within 10 miles of 200 Main Street, Hyannis, MA. Highly Advantageous Within 5 miles of 200 Main Street, Hyannis, MA. 6. Value added services and options. (ie. Free car washing, shuttle service, added vehicle features/options). Not Advantageous None offered. Advantageous Some value added services/options included. Highly Advantageous Substantial value added services/options included. 7. Delivery. Not Advantageous Can not meet 7/21/2014 delivery requirement Highly Advantageous Can meet 7/21/2014 delivery requirement 8. General impression of proposal Not Advantageous Proposer did not submit all information and requirements of the RFP. Advantageous - Response is complete and includes all information requested. 9. Test drive for committee members. The evaluation committee will make an appointment to visit dealership to test drive proposed vehicles. Results of the test drives will be factored into the evaluation. Each of these criteria will be rated as not advantageous, advantageous and highly advantageous as a result of the test drive. Comfort Handling/maneuverability Visibility Once the proposals have been ranked on technical merit, the price proposals will be opened, considered, and then factored in to the overall rankings. 20

21 The Town will award a thirty-six (36) month lease to the responsive and responsible proposer that best meets the Town s needs, taking into account proposal quality and price. SECTION VI. PROPOSAL SUBMISSION REQUIREMENTS A. SUBMISSION Two separate sealed envelopes: 1. One (1) sealed envelope containing an original plus five (5) copies of the non-price technical proposal marked Non Price Proposal, Regulatory Vehicle Lease. This envelope will include all technical information requested in this RFP included the technical specification submittal form (pages 11 17), the Non-collusion and tax certification, and the vehicle brochures. Include a cover letter that acknowledges any addendums; and 2. One (1) sealed envelope containing an original and one copy of the price proposal marked Price Proposal Regulatory Vehicle Lease, (form Appendix A, page 21). 3. It is the sole responsibility of the offerer to insure that the proposal arrives on time and at the designated place as stated in the RFP document or addendum thereto. The Town of Barnstable requires that price proposals must be separate from technical proposals. No reference to the actual price proposal shall be contained in any portion of the non-price proposal outlined below. Failure to adhere to this requirement may result in disqualification. B. NON-PRICE PROPOSAL Within your Proposal, please supply each of the following items and clearly structure and label your Proposal. 1. Cover Letter including name of Agency/Firm, address and telephone number signed in ink by authorized officer of the Agency/Firm. 2. Vehicle Brochures 3. Completed Technical Specification, Page C. PRICE PROPOSAL Completed Price Proposal Submission Sheet, Appendix A, Page 23 & 24 21

22 D. CONTACT INFORMATION Clarifications and interpretations of this Request for Proposal must be requested in writing. Responses shall be likewise furnished. The last day to submit written requests is as noted in Key Dates of this RFP. After that day no requests or questions will be accepted. Please contact the Town of Barnstable for clarification of this Request for Proposal, direct all inquiries to: Johanna Boucher, Purchasing Agent Town of Barnstable, Procurement & Risk Management 230 South Street Hyannis, MA Phone. (508) Fax: (508) Business Hours: 8:00 a.m. - 4:00 p.m. Monday through Friday johanna.boucher@town.barnstable.ma.us Website: 22

23 Appendix A MANDATORY TO COMPLETE Price Proposal Submission Sheet Page 1 TOWN OF BARNSTABLE PRICE SUBMITTAL SHEET (must be completed and sealed in a separate envelope labeled PRICE SUBMITTAL) Bid price for vehicles per attached specifications: Requirement #1 Monthly Lease X Quantity = Total 36 month lease 2 Sedans $ X 2 = $ (a) Confirm delivery date 7/21/2014 Requirement #2 Monthly Lease X Quantity = Total 36 month lease 10* Hatchbacks $ X 8 = $ (b) Confirm delivery date 7/21/2014 TOTAL FOR LEASE R EQUIREMENTS 1 & 2 $ (a + b) (total of 2 highlighted areas above) There shall be no additional charges for the lease and completion of the lease transaction other than registration fees paid to the Massachusetts Department of Motor 23

24 Vehicles. Pricing above is for vehicles as specified, delivered to 200 Main Street, Hyannis, MA Total APR Interest Rate Charged % Excess per mile change (in excess of specified contract amount) The Town of Barnstable is tax exempt - Tax ID Number is Rule for Award: Contract will be awarded to the low, responsive, responsible bidder for the Total 36 month lease price (- see highlighted box) for each Requirement 1 and 2 above plus selected add option vehicles. The Town reserves the right to not award any of the above bid items requirements, if deemed to be in its best interest. * The Town currently leases ten midsize hatchbacks and wishes to continue to do so, however, based on final cost, reserves the right to reduce the final ordering quantity by up to two vehicles. The undersigned agreed to provide the lease vehicles bid on above accordance with these specifications prepared by the town of Town of Barnstable dated December 16,2 013, delivered for the lease payments as shown. Successful bidder to handle all registration transactions and registered vehicles are to be delivered to 200 Street, Hyannis, MA on July 21, Vehicles to be picked up at 200 Main Street, Hyannis, MA by the lessor at the end of the 36 month lease term at no additional expense to the Town. The undersigned agrees that if presented with the notice of acceptance for this contract, he will within five business days execute a contract in accordance with the terms of this bid. Receipt of Addendum Number (s) is hereby acknowledged and reflected in the Bid price (s) shown on previous page. The undersigned proposes to furnish awarded lease vehicles in accordance with the specifications prepared by the Town of Barnstable, dated December 16, 2013 for the Bid price (s) shown. The undersigned agrees that if presented with Notice of Acceptance for this Contract, he will within five days, Saturdays, Sundays and legal holidays excluded, execute a Contract in accordance with the terms of this Bid. The Town of Barnstable reserves the right to reject any or all bids and to waive minor informalities as provided under Chapter 30B, M.G.L. FIRM: SIGNATURE: ADDRESS: NAME (print) TITLE: TELEPHONE: 24

25 DATE:_ All bids must received at the office of the Purchasing Agent, 230 South Street, Hyannis MA prior to the time stated in the Bid Notice. Please mark envelope "Vehicle Lease Bid Required attachments: (1) Certificate of Non-Collusion (2) State Taxes Certification Clause (3) Completed Detailed Specification Table (pages 12 thru 18) (4) Sample municipal lease agreement attached, if bidder wishes Town to consider signing their lease document, a sample copy shall be included in the bid package. (must contain Non-Appropriation of Funds clause as part of the proposal) 25

26 Appendix B TOWN OF BARNSTABLE CERTIFICATE OF NON-COLLUSION The undersigned certifies under penalties of perjury that this 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. FIRM ADDRESS SIGNATURE NAME (print) TITLE TELEPHONE DATE TOWN OF BARNSTABLE STATE TAXES CERTIFICATION CLAUSE I certify under the penalties of perjury that I, to my best knowledge and belief, have filed all state tax returns and paid all state taxes under law, I have addressed any tax liability and am in the process of setting up a plan to satisfy said liability. by: * Signature of individual or Corporate Officer Corporate Name (Mandatory) (Mandatory, if applicable) **Social Security # or Federal Identification # * Approval of a lease or other agreement will not be granted unless the applicant signs this certification clause. ** Your Social Security Number will be furnished to the Massachusetts Department of Revenue to determine whether you have met tax filing or tax payment obligations. Providers who fail to correct their non-filing or delinquency will not have a lease or other agreement issued, renewed, or extended. This request is made under the authority of Mass. G.L. 62C s. 49.A. 26

27 Appendix C TOWN OF BARNSTABLE, MASSACHUSETTS LEASE AGREEMENT BETWEEN VENDOR AND TOWN LEASE THIS AGREEMENT, made this day of, 2013 by and between the TOWN OF BARNSTABLE, Massachusetts, hereinafter called the TOWN, and With legal address and principal place of business at Hereinafter called VENDOR. WITNESSETH: That for and in consideration of payments and agreements hereinafter mentioned, to be made and performed by the TOWN, the VENDOR hereby agrees with the TOWN to provide services as outlined in the RFP entitled Town of Barnstable, Request for Proposal, For Lease of Vehicles for the Regulatory Department dated, as proposed hereinafter called the services, upon demand of the TOWN, made as hereinafter provided, at a total price of in accordance with the following requirements. DURATION OF LEASE This lease shall be in force for a period of ( ) months, from July 21, 2014 through July 20, 2017 Non-Appropriation of Funds Clause - The offered contract term is months. Funding for this lease beyond this fiscal year is subject to the yearly appropriation of funding by the Town Council. If the Town does not appropriate funds for the stated purpose of these services, the lease will be terminated at no additional cost to the Town. PAYMENT SCHEDULE In consideration of the 10 four door hatchback and 2 four door sedan fuel efficient vehicles delivered to 200 Main Street, Hyannis,, the LESSEE agrees to pay the VENDOR the sum of $ as follows: Lease Payment to Lease: $ SUBTOTAL 27

28 VENDOR to issue invoice the first day of the month and LESSEE to make payment in Net 30 days. The Request for Proposal entitled Town of Barnstable, Request for Proposal For Lease of Fuel Efficient Vehicles for the Regulatory Division dated _, the Proposal made by the VENDOR dated, and Attachment A, Additional Lease Conditions contained therein are attached and are made a part hereof and collectively evidence and constitute the lease. The Contract shall be subject to Force Majeure considerations and in the event that either party hereto shall be prevented from the performance of any act required there under by reasons of strikes, lockouts, labor trouble, inability to procure materials, failure of power, fire, winds, Acts of God, riots, insurrections, war or other reason of a like nature not reasonable within the control of the party in performing any obligations shall be excused for the period of non-performance, and the period for the performance of such obligation shall be extended for an equivalent period for no additional cost to the Owner. Continued failure to perform for periods aggregating sixty (60) or more days, even for causes beyond the control of the Vendor, shall be deemed to render performance impossible, and the Owner shall thereafter have the right to terminate this agreement in accordance with the provisions of the section entitled Termination of Contract. Subject to the provisions of the section explaining Force Majeure, if the Vendor shall fail to fulfill in a timely and satisfactory manner its obligations under this agreement, or if the Vendor shall violate any of the covenants, conditions, or stipulations of this agreement, which failure or violation shall continue for seven (7) business days after written notice of such failure or violation is received by the vendor, then the municipality shall thereupon have the right to terminate this agreement by giving written notice to the vendor of such termination and ing the effective date thereof, at least seven (7) days before the effective date of such termination. The Vendor shall indemnify, defend and hold harmless the Owner, its elected or duly appointed officers, directors and employees against labiality, losses, damages, or expenses (including legal expenses) resulting from any claim based upon negligent or intentional misdeeds or omissions of the Vendor, its employees or its agents in providing its services to employees of the municipality or their dependents pursuant to the agreement. This contract is governed by the laws of the Commonwealth of Massachusetts. This Agreement constitutes the entire lease and there are no agreements other than those incorporated herein. This Agreement may not be changed, altered, amended, modified, or terminated orally and any such change, alteration, amendment, or modification must be in writing and executed by both parties hereto. IN WITNESS WHEREOF, the parties to these presents have executed this Lease in the year and day first above mentioned. By: PROPOSER Approved as to form 28

29 Ruth J. Weil, Town Attorney By: TOWN OF BARNSTABLE, Lessee Thomas K. Lynch, Town Manager 29

30 Appendix D REQUEST FOR PROPOSALS TOWN OF BARNSTABLE REGULATORY FLEET VEHICLE LEASE LEGAL ADVERTISEMENT FOR RFP The Purchasing Agent of the Town of Barnstable (the Town) on behalf of the Regulatory Services Division is soliciting proposals for the lease of the following new 2014/2015fuel efficient vehicles for the term of thirty-six (36) months commencing July 21, 2014: Quantity 2 Midsize Sedans Quantity 10 Midsize Hatchbacks Minimum fuel efficiency on vehicles 29 EPA combined fuel economy rating The Town will award a thirty-six (36) month lease to the responsive and responsible proposer that best meets the Town s needs, taking into account proposed lease vehicle quality and price. In order to be considered, lease proposal must include a nonappropriation of funding clause allowing for the termination of the lease at no cost to the Town in the event of a non-appropriation of funds for the purpose of the lease. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all leases must be strictly awarded in accordance with the requirements of the Request for Proposal. The Town has no discretion under the law to consider proposals that fail to comply with those requirements, except for minor informalities as permitted by MGL Chapter 30B Section 5(f). If it becomes necessary to revise any part of this RFP or otherwise provide additional information, an addendum will be issued to all prospective proposers who received copies of the original request. Responses are due on January 24, 2014, 2:00 p.m. in the Purchasing Agent s Office, School Administration Building, 230 South Street, Hyannis, MA The Lease will be awarded within 60 days. Request for Proposal documents are available immediately on the Town of Barnstable website at Proposal & RFP System. Contact Johanna Boucher (508) if you have any questions. Responses will be opened and read in the office of the Purchasing Agent. The opening of the responses will not be public. All responses must be received in a sealed envelope properly marked prior to the deadline. The Purchasing Agent reserves the right to reject any or all proposals when it deems it to be in the best interest of the Town. This solicitation is being conducted in accordance with the provisions of Massachusetts General Laws Chapter 30B, and all leases must be strictly awarded in accordance with the requirements of the Request for Proposal 30