City of Indianapolis
200 E. Washington St., Suite 2500
Indianapolis, IN 46204
Dear Mayor Ballard:
I write you today in my capacity as City-County Councilor for District 20 to request that you immediately suspend all negotiations and contract execution procedures with Vision Fleet Capital,
|Councilor Frank Mascari|
The Master Fleet Agreement is a lease-purchase agreement for equipment – namely “energy saving vehicles” as identified in the Agreement. Any analysis that concludes otherwise is misleading and should be ignored. The Agreement is not merely a contract for “fleet management services” as the Agreement’s recitals suggest. The Agreement results in the city acquiring title to vehicles following the City’s payment of numerous “Rental” payments over time. Under any honest understanding, this constitutes a lease-purchase of vehicles.
The Department of Public Works is not authorized to unilaterally and without any authorized competitive process enter into a lease-purchase agreement for these vehicles. Such equipment must be procured by the “purchasing agent” of the City in accordance with competitive bidding practices outlined in Ind. Code §§ 5-22-7, 5-22-9, or other authorizing purchasing statute. G.O. Sec. 202-204 establishes the “Purchasing Division” of the Office of Finance and Management as the purchasing agency for the city and county. Because the Purchasing Division was not involved in this procurement and the procurement did not involve any competitive process under Indiana law, the resulting Agreement is not lawful, voidable, and should be abandoned immediately.
If you are unwilling to immediately cease negotiations and abandon the Agreement under the current procurement process, I will be forced to explore legal and procedural options to force your compliance. If you have further questions or concerns please call me...
Frank Mascari District 20
Indianapolis-Marion County Council
200 East Washington Street T-241
Indianapolis, Indiana 46204