R2026-141 Resolution Authorizing Agreement with MacQueen Equipment, LLC, for the Purchase of a Ford Frontline Mobile Command Vehicle for the Decatur Police Department

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• 4✓ MACQUEEN EM-111-COMM 10/12/2023 PURCHASE AGREEMENT This Purchase Agreement(together with all attachments referenced herein,the"Agreement"),made and entered into by and between MacQueen Equipment,LLC,as a Delaware limited liability company DBA MacQueen Emergency ("MacQueen"),and City of Decatur,(customer)is effective as of the date specified in Section 3 hereof. 1. Definitions a. "Product"means the Frontline vehicle and any associated equipment furnished for the Customer by MacQueen, pursuant to the specifications. b. "Specifications"means the general specifications,technical specifications,orientation,and testing requirements for the Product contained in the MacQueen Proposal for the Product prepared in response to the Customer's p p request for proposal. c. "MacQueen Proposal"means the proposal provided by MacQueen attached as Exhibit C prepared in response to the Customer's request for proposal. d. "Delivery"means the date MacQueen is prepared to make physical possession of the Product available to the Customer. 2. Purpose This Agreement sets forth the terms and conditions of MacQueen's sale of the Product to the Customer. 3. Term of Agreement This Agreement will become effective on the date it is signed and approved by MacQueen's authorized representative pursuant to Section 22 hereof("Effective Date")and,unless earlier terminated pursuant to the terms of this Agreement,it will terminate upon the Customer's Acceptance and payment in full of the Purchase Price. 4. Purchase and Payment The Customer agrees to purchase the Product specified on Exhibit A for the total purchase price of$316,940.00 ("Purchase Price"). Prices are in US Funds. NOTE:Upon final inspection at the factory for pick-up or delivery,the customer will need to supply a "Certificate of Insurance"and"FULL PAYMENT"prior to release of the vehicle,unless prior arrangements for vehicle's release have been made. 5. Future Changes a) Various state or federal regulation agencies(e.g.,NFPA,DOT,EPA)may require changes to the Specifications and/or the Product and in any such event any resulting cost increases incurred to comply therewith will be added to the Purchase Price to be paid by the Customer. Any future drive train upgrades(engine,transmission,axles, etc.)or any other specification changes have not been calculated into our annual increases and will be provided at additional cost.Persistent Inflationary Environment:If the Producer Price Index of Components for Manufacturing[www.bls.gov Series ID:WPUID6112]("PPI")has increased at a compounded annual growth rate of 5.0%or more between the month Pierce accepts our order("Order Month")and a month 14 months prior to the then predicted Ready For Pickup date("Evaluation Month"),then pricing may be updated in an amount equal to the increase in PPI over and above 5.0%for each year or fractional year between the Order Month and the Evaluation Month.The Company will document and itemize any such price increase for the Customer's review and approval before proceeding. Should the customer choose not to accept the pricing update,the customer has the ability to cancel without penalty or cancellation fee. b) Due to the volatility within the commercial chassis supply chain,commercial chassis suppliers are not able to meet their commitments for shipping chassis to our factories,nor are they honoring their quoted prices. Please be aware the commercial chassis quoted price is subject to change by the commercial chassis supplier at any time,without notice. Any increases in price will be passed directly to the end customer. 6. Agreement Changes The Customer may request that MacQueen incorporate a change to the Products or the Specifications for the Products by delivering a change order to MacQueen;provided,however,that any such change order must be in writing and include a description of the proposed change sufficient to permit MacQueen to evaluate the feasibility of such change("Change Order").Within seven(7)business days of receipt of a Change Order,MacQueen will inform the Customer in writing of the feasibility of the Change Order,the earliest possible implementation date for the Change Order,of any increase or decrease in the Purchase Price resulting from such Change Order,and of any effect on 1