HomeMy WebLinkAboutCity of Tamarac Resolution R-2014-061Temp. Reso. #12505
Page 1
May 28, 2014
Revision 1 — June 9, 2014
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2014_� I
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA, AUTHORIZING THE
APPROPRIATE CITY OFFICIALS TO AWARD
INVITATION FOR BID #14-076 TO YAMAHA GOLF
CAR COMPANY FOR THE PURCHASE OF GOLF
CARTS FOR THE COLONY WEST GOLF CLUB IN
THE AMOUNT OF $410,250.00 AND TO AUTHORIZE
THE CITY MANAGER OR DESIGNEE TO NEGOTIATE
AND ENTER INTO TEMPORARY MONTHLY LEASE
AGREEMENTS FOR UP TO 50 GOLF CARTS FOR A
NOT TO EXCEED COST OF $22,500; PROVIDING
FOR CONFLICTS; PROVIDING FOR SEVERABILITY;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City_ of Tamarac is a Vibrant Community, that wishes to
provide exceptional recreational opportunities for its residents and visitors; and
WHEREAS, on October 24, 2013, The City Commission of the City of Tamarac
approved an Agreement with Billy Casper Golf, LLC, to maintain the operations of the
course, and the amenities available in the Colony West Clubhouse, including foodservice
and pro -shop operations via Resolution # R2013-115, a copy of which is on file with the
City Clerk; and
WHEREAS, an important amenity for any successful golf course is golf carts for use
by patrons of the course; and
WHEREAS, Billy Casper Golf, LLC has recommended that the course switch from
gasoline powered golf carts to electric powered carts as a means to provide a more
Temp. Reso. #12505
Page 2
May 28, 2014
Revision 1 — June 9, 2014
environmentally friendly and efficient means of transporting golfing patrons; and
WHEREAS, in support of this recommendation, the City Commission of the City of
Tamarac at its March 12, 2014 meeting awarded an Agreement to AGC Electric, Inc. to
retrofit the Colony West Cart Barn with electric charging stations to accommodate up to
150 golf carts, via Resolution # R-2014-22, a copy of which is on file with the City Clerk;
and
WHEREAS, on May 9, 2014, Invitation for Bid No. 14-07B for the acquisition of golf
carts by lease or by purchase was advertised in the Sun Sentinel and on the City's web -
site, included herein as Exhibit 1 ; and
WHEREAS, submittals were received from the following two (2) firms on May 22,
2014, with the purchase price shown below and a copy of the bid tabulation is included
herein as Exhibit 2:
• E-Z-GO, Division of Textron Inc. $434,938.00
• Yamaha Golf Car Company $41 O,250.00
WHEREAS, the bid submitted by Yamaha Golf Car Company provided the lowest
responsive and responsible bid response; and
WHEREAS, Bid 14-07B additionally provides for the ability of the City to reserve the
right to lease up to 50 additional golf carts for a period of six months at a cost of $75 per
month per cart for a total cost not to exceed $22,500.00 during any six-month period as
may be required in order to accommodate increased capacity during seasonal high use
periods; and
to
Temp. Reso. #12505
Page 3
May 28, 2014
Revision 1 — June 9, 2014
WHEREAS, the Director of Financial Services and the Purchasing and Contracts
Manager recommend the appropriate City officials be authorized to accept and award
Invitation for Bid #14-07B to Yamaha Golf Car Company for the purchase and delivery of
golf carts to the Colony West Golf Club, at a cost of $410,250.00, a copy of the bid
submitted by Yamaha Golf Car Company is included herein as Exhibit 3 as well as
authorize the City Manager or designee to negotiate and enter into lease agreements for
periods of up to six months for up to an additional 50 golf carts at a cost of $75.00 per cart
per month for a total not to exceed cost of $22,500 during any six month period as may be
required in order to accommodate increased capacity during seasonal high use periods
based on the Yamaha sample lease agreement document which is included herein as
Exhibit 4; and
WHEREAS, the City Commission of the City of Tamarac, Florida, deems it to be
in the best interest of the citizens and residents of the City of Tamarac to provide for the
appropriate City officials to accept and award Invitation for Bid #14-076 to Yamaha Golf
Car Company for the purchase and delivery of golf carts to the Colony West Golf Club, at a
cost of $410,250-00, as well as authorize the City Manager or designee to negotiate and
enter into lease agreements for periods of up to six months for up to an additional 50 golf
carts at a cost of $75-00 per cart per month for a total not to exceed cost of $22,500 during
any six month period as may be required in order to accommodate increased capacity
during seasonal high use periods.
Temp. Reso. #12505
Page
May, 28, 2014
Revision 1 — June 9, 2014
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: The foregoing "WHEREAS" clauses are HEREBY ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof and all exhibits referenced and attached hereto are incorporated
herein and made a specific part of this resolution.
SECTION 2: That the appropriate City Officials are hereby authorized to accept and
award Invitation for Bid # 14-07B to Yamaha Golf Car Company for the purchase and
delivery of golf carts to the Colony West Golf Club, at a cost of $410,250.00 as well as to
authorize the City Manager or designee to negotiate and enter into lease agreements for
periods of up to six months for up to an additional 50 golf carts at a cost of $75.00 per cart
per month for a total not to exceed cost of $22,500 during any six month period as may be
required in order to accommodate increased capacity during seasonal high use periods.
SECTION 3: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: If any clause, section or other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
Temp. Reso. #12505
Page 5
May 28, 2014
Revision 1 —June 9, 2014
SECTION 5: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this �5
ATTEST:
PATRICIA TEUFEL, C
CITY CLERK
HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SAMUEL S. GOREN
CITY ATTORNEY
day of ,
2014.
HAM=1Y UKESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER tlzv--�
DIST 1: COMM. BUSHNEL
DIST 2: VICE MAYOR GOM�
DIST 3: COMM. GLASSER
DIST 4: COMM. PLACKO °
EXHIBIT 1
TR 12505 - GOLF CARTS FOR COLONY WEST GOLF CLUB
INVITATION TO BID
GOLF CARTS FOR COLONY WEST
GOLF CLUB
Mav 6. 2014
City of Tamarac
Purchasing & Contracts Division
7525 NW 88"' Avenue
Room 108
(954) 597-3570
PURCHASING AND
CONTRACTS DIVISION
0
Date: May 6, 2014
INVITATION FOR BIDS
IFB 14-07B
ALL QUALIFIED BIDDERS:
IFB NO. 14-07B
Sealed Bids, addressed to the Purchasing and Contracts Manager of the City of Tamarac,
Broward County, Florida, will be received in the Purchasing Office, 7525 NW 88th Avenue,
Tamarac, Florida 33321-2401 until 2:00 PM local time, Thursday, May 22, 2014 for:
GOLF CARTS FOR COLONY WEST GOLF CLUB
The City is soliciting competitive bids on behalf of the Tamarac Colony West Golf Club for
the acquisition of 100 Golf Carts and 2 Beverage Carts by purchase and/or lease with an
option for short term lease for up to six (6) months for additional carts of up to 50 golf carts
at any one time.
Sealed Bids must be received and time stamped in the Purchasing Office, either by mail or
hand delivery, on or before the date and time referenced above. Any Bids received after
2:00 p.m. on said date will not be accepted under any circumstances. Any uncertainty
regarding the time a Bid is received will be resolved against the Bidder. Official time will be
measured by the time stamp in the Purchasing Office.
City reserves the right to reject any or all Bids, to waive any informalities or irregularities in
any Bids received, to re -advertise for Bids, to award in whole or in part to one or more
Bidders, or take any other such actions that may be deemed to be in the best interests of
the City.
Bid documents may be obtained from the Purchasing Office or via the Internet at
http://www.tamarac.org. For inquiries, contact the Purchasing Office at (954) 597-3570.
Keith K. Glatz, CPPO
Purchasing and Contracts Manager
Publish Sun -Sentinel: Friday, May 9, 2014
7525 N.W. 88th Avenue I Tamarac, Florida 33321-2401 i P: 954.597.35701 F 954.597.3565
EQUAL OPPORTUNITY EMPLOYER
0
SUBMIT BID TO:
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88T" AVENUE
TAMARAC, FL 33321
954-597-3570
INVITATION FOR BID
Bidder Acknowledgement
BID NO.: 14-07B
BID TITLE: GOLF CARTS FOR COLONY WEST GOLF CLUB
BID OPENING DATE/TIME: THURSDAY, MAY 229 2014 AT 2:00 P.M.
BUYER NAME: KEITH GLATZ, PURCHASING & CONTRACTS MANAGER
BUYER PHONE: 954-597-3567
BUYER EMAIL: keith.glatz@tamarac.org
DELIVERY LOCATION: COLONY WEST GOLF CLUB, 6800 NW 88T" AVENUE, (PINE ISLAND ROAD),
TAMARAC, FLORIDA 33321
GENERAL CONDITIONS
These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City
of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by
indicating such change in the Instructions to Bidders or in the special conditions of the bid. Any and all special
conditions that may vary from these general conditions shall prevail over any conflicting provision within any
vendor's standard terms and conditions regardless of any language in vendor's documentation to the contrary.
SEALED BIDS
This form should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain
the above address, the Bid number and the Bid title. Bids not submitted on the attached Bid Form may be
deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do
not comply with these conditions may be deemed non -responsive.
BIDDER COMPANY NAME:
COMPANY ADDRESS:
COMPANY PHONE:
NAME OF AUTHORIZED AGENT:
TITLE OF AUTHORIZED AGENT:
AUTHORIZED AGENT EMAIL ADDRESS:
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER:
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid for the same commodities and/or services and is in all respects fair and
without collusion or fraud. I agree to abide by all conditions of this Bid and certify that I am authorized to sign this Bid as
an agent for the Bidder.
0
INSTRUCTIONS TO BIDDERS &
STANDARD TERMS AND CONDITIONS
1FB 14-07B
Our Vision and Mission
Our Vision: The City of Tamarac, our community of
choice -- leading the nation in quality of life through
safe neighborhoods, a vibrant economy, exceptional
customer service and recognized excellence.
Our Mission; We Are "Committed to Excellence. . .
Always" It is our job to foster and create an environment
that
Responds to the Customer
Creates and Innovates
Works as a Team
Achieves Results, and
Makes a Difference
In the fulfillment of our vision and mission, as stewards
of the public trust, we value vision, integrity, efficiency
and quality service.
Our vendors are truly partners in meeting these
commitments to the community, and in support of that
vision and mission, we are committed to ensuring that
qualified, competitive vendors who share our
commitment to quality, efficiency, teamwork and
customer service are employed to provide goods and
services to the City. Our vendors are expected to
deliver high quality products and efficient service that is
provided on time and as ordered, in a manner that
improves the overall value of the services that the City
provides to its residents. In addition, we expect our
vendors to work with the City as a team, and exhibit the
highest level of integrity when dealing with any office or
department of the City.
Diligence in the execution of the requirements of this
Bid will ultimately contribute to the overall quality of
services provided to the entire community. The City is
searching for a firm who will exemplify these ideals in
the execution of their work, and the successful firm will
be measured against the performance standards
outlined in this bid invitation.
1. AUTHORITY AND GENERAL TERMS AND
CONDITIONS
1.1 This bid is issued pursuant to, and
governed by the laws of the State of
Florida, Article VII "Financial
Procedures", Section 7.111
"Requirements for Public Bidding, of
the City of Tamarac Charter; and
Chapter 6 "Finance and Taxation",
Article V, the Tamarac Procurement
Cede.
1.2 These General Terms and
Conditions apply to all offers made
to the City of Tamarac by all
prospective Bidders, including but
not limited to, Requests for Quotes,
Requests for Bid and Requests for
Bid. As such the words "bid", "Bid"
and "offer" are used
interchangeably in reference to all
offers submitted by prospective
Bidders. The City of Tamarac
reserves the right to reject any or all
bids, to waive any informalities or
irregularities in any bids received, or
to re -advertise for bids. Any and all
special conditions in this IFB or any
sample agreement document that
may be in variance or conflict with
these General Terms and
Conditions shall have precedence
over these General Terms and
Conditions. If no changes or
deletions to General Conditions are
made in the Special Conditions,
then the General Terms and
Conditions shall prevail in their
entirety.
2. DEFINED TERMS
Terms used in these Instructions to Bidders are
defined as follows:
2.1 "Bidden'- one who submits a Bid in
response to a solicitation, as distinct
from a Sub -Bidder, who submits a Bid
to the Bidder.
2.2 "Bidder" — one who submits a Bid in
response to a solicitation. The terms
"Bidder' and "Bidder' are used
interchangeably and have the same
meaning.
2.3 "Successful Bidder" - the qualified,
responsible and responsive Bidder to
whom City makes an award.
2.4 "City' - the City of Tamarac, a
municipal corporation of the State of
Florida.
2.5 "Bid Documents" — the Invitation for
Bid, Instructions to Bidders, Bidder's
Qualifications Statement, Non -
Collusive Affidavit, Certified
Resolution, Vendor Drug -Free
Workplace, Bidder's Bid Security and
Specifications, if any, and the
4
�► s
proposed Contract Documents
5.2 For the purpose of evaluation, the
(including all Addenda issued prior to
Bidder must indicate any variance or
opening of Bids).
exceptions to the stated requirements,
s or
2.6 "Contractor" - the individual()
no matter how slight. Deviations
should be explained in detail.
firm(s) to whom the award is made
Absence of variations and/or
and who executes the Contract
corrections will be interpreted to mean
Documents.
that the Bidder meets all the
3. SPECIAL CONDITIONS / SCOPE OF WORK
requirements in every respect.
Where there appears to be variances or
5.3 Bidder must provide manufacturer's
conflicts between the General Terms and
specification data and cut -sheets to
Conditions and the Special Conditions and/or
Scope of Work outlined in this bid, the
document compliance with the
Special Conditions and/or the Specifications
requirements included herein. Failure
shall prevail.
to provide such information may result
4. EXAMINATION OF CONTRACT DOCUMENTS
in disqualification of Bidder's bid.
AND SITE
6. INTERPRETATIONS AND ADDENDA
4.1. Before submitting a Bid, each Bidder
If the Bidder is in doubt as to the meaning of
must consider federal, state and local
any of the Bid Documents, believes that the
laws, ordinances, rules and
General Conditions, Special Conditions and/or
regulations that may in any manner
Technical Specifications contain errors,
affect cost or performance of the
contradictions or obvious omissions, or has any
work, must carefully compare the
questions concerning the information contained
Bidder's observations made with the
in the IFB documents, the Bidder shall submit a
Bid Documents; and must promptly
written request to the Purchasing Office for
notify the Purchasing and Contracts
interpretation or clarification. Such request
Manager of all conflicts, errors and
must reference IFB name and number, and
discrepancies, if any, in the Bid
should be received by the Purchasing Office at
Documents.
least ten (10) calendar days prior to the Bid
4.2. The Bidder, by and through the
opening date, or prior to the deadline specified
submission of a Bid, agrees that
in the "Schedule of Events" provided herein.
Bidder shall be held responsible for
Questions received less than ten (10) calendar
being familiar with the nature and
days prior to the Bid opening, or the deadline
extent of the work.
specified by the "Schedule of Events" herein,
whichever is sooner, may not be answered.
5. OMISSION OF DETAILS / VARIANCES AND
Interpretations or clarifications in response to
EXCEPTIONS
such questions will be issued in the form of a
5.1 The 'apparent silence of the
written addendum transmitted via either fax or
requirements as to any detail, or the
email to all parties recorded by the Purchasing
apparent omission of a detailed
Office as having received the Bid Documents.
description concerning any point,
The issuance of a written addendum shall be
shall be regarded as meaning that
the only official method whereby such an
only the best commercial practice is
interpretation or clarification will be made.
to prevail, and that only material and
7. COSTS AND COMPENSATION
workmanship of the finest quality is
to be used. All interpretations of the
7.1. Costs and compensation shall be
specifications shall be made on the
shown in both unit prices and
basis of this statement. Omission of
extensions whenever applicable, and
any essential details from these
expressed in U.S. Dollars. In the
specifications will not relieve the
event of discrepancies existing
Bidder of supplying such services or
between unit prices and extensions or
product(s) as specified.
totals, the unit prices shall govern.
7.2. All costs and compensation shall
5
s s �
remain firm and fixed for acceptance hftp://www.tamarac-orglindex.asp
for 60 calendar days after the day of
x?NID=622. Please contact the
the Bid opening. Purchasing & Contracts Division
at the number shown on this
7.3. The price Bid shall include all solicitation document herein as
franchise fees, royalties, license fees, the first point of contact for more
etc., as well as all costs for information.
transportation or delivery as 9. NON -COLLUSIVE AFFIDAVIT
applicable within the scope of the
solicitation. Each Bidder shall complete the Non -Collusive
8. PRICES, PAYMENTS, DISCOUNTS & Affidavit form and shall submit the form with
ELECTRONIC PAYMENTS their Bid. City considers the failure of the
Bidder to submit this document may be cause
for rejection of the Bid.
8.1 Firm Pricing: Prices shall be fixed
10. PUBLIC ENTITY CRIMES
and firm to the extent required
under Special Conditions. In the
In accordance with Florida Statutes _ 287.133
absence of a reference in the
A person or affiliate who has been
Special Conditions, prices shall be
placed on the convicted vendor list following a
fixed and firm for a period of sixty
conviction for public entity crime may not
(60) calendar days, or ninety (90)
submit a bid on a contract to provide any
calendar days when the contract
goods or services to a public entity, may not
must be approved by another
submit a bid on a contract with a public entity
agency. Payment will be made only
for the construction or repair of a public
after receipt and acceptance of
building or public work, may not submit bids
materials/services. Cash discounts
on leases of real property to public entity, may
may be offered for prompt payment;
not be awarded or perform work as a
however, such discounts shall not
contractor, supplier, subcontractor, or
be considered in determining the
consultant under a contract with any public
lowest net cost for bid evaluation.
entity, and may not transact business with any
public entity in excess of the threshold amount
provided in Florida Statutes §287.017 for
8.2 Prompt Payment Discounts: Where
Category Two, for. a period of 36 months from
applicable, Bidder is encouraged to
the date of being placed on the convicted
- provide prompt payment discounts. If
vendor list.
no payment discount is the
.offered,
discount shall assume net 30 days.
11. CONFLICT OF INTEREST
Payment is deemed made on the
The award of any contract hereunder is subject
date of the mailing of the check. All
payments shall be governed by the
to the provisions of Chapter 112, Florida
Local Government Prompt Payment
Statutes. Bidders must disclose with their Bid
Act, F.S. Chapter 218.
the name of any officer, director, partner,
proprietor, associate or agent who is also an
*********IMPORTANT NOTES********
officer or employee of City or any of its
8.3 Payments by Electronic Funds
agencies. Further, all Bidders must disclose
Transfer: ALL payments by the
the name of any officer or employee of City who
City will be made by Direct Deposit
owns, directly or indirectly, an interest of five
(ACH) via electronic funds
percent (5%) or more in the Bidder's firm or any
transfer. No paper checks will be
of its branches or affiliate companies.
issued after that date. Vendors
12. SUMMARY OF DOCUMENTS TO BE
must register for direct deposit
with the City prior to receiving any
SUBMITTED WITH BIDS
payments by providing a "City of
The following is a summary of documents
Tamarac Consent for Direct
required to be submitted for this Bid. Failure to
Deposit" form (ACH Form) to the
include technical information, a cost Bid, or
City's Financial Services
any other document that, by its omission, may
Accounting Division. The form
prejudice the rights of other respondents, may
may be accessed on the City of
result in immediate rejection of your Bid.
Tamarac web -site at
Other forms or documents which, by their
nature do not impact price or the Bidder's cost
executed in the partnership name and
of doing business should accompany the Bid;
signed by a partner, whose title must
but
must be provided within three (3)
appear under the signature.
business days of the City's request to be
considered responsive.
13.7
Bids shall be submitted to the
12.1
Technical Information and
Purchasing Office on or before the
Manufacturer's cut -sheets
time indicated in the Invitation for
12.2
Pricing (See "Bid Form" herein)
Bids. Bids shall be submitted in a
sealed envelope (faxed Bids will not
12.3
Delivery Schedule for equipment.
be accepted under any
12.4
Certification Forms
circumstances). The envelope should
12.5
Certified Resolution Form (or firm's
be clearly marked on the exterior with
own Corporate Resolution)
the applicable solicitation name and
number. The envelope should state
12.6
Reference Information.
the name and address of the Bidder
12.7
Vendor Drug Free Workplace Form
and should be include all documents
12.8
Non -Collusive Affidavit Form
as specified in the Invitation for Bids.
Purchasing and Contracts Division
12.9
Proof of applicable insurance.
staff is not responsible for the
12.10 The City reserves the right to request
premature opening of a Bid that is not
the most recently completed audited
properly addressed and identified.
financial statement, or other
approved documentation to verify
13.8
In accordance with Florida Statutes,
financial viability.
Chapter §119.07(1)(a) and except as
may be provided by other applicable
13. SUBMISSION
OF BIDS
state and federal law, the invitation for
13.1
Bids must be typed or printed in ink.
Bids and the responses thereto are in
Use of erasable ink is not permitted.
the public domain. However, Bidders
All corrections to prices made by the
are requested to specifically identify in
Bidder should be initialed.
the submitted Bid any financial
information considered confidential
13.2
All Bids shall be submitted in the
and/or proprietary which may be
English language, and pricing
considered exempt under Florida
expressed in U.S. Dollars.
Statute §119.07(t).
13.3
Bids must contain a manual signature
13.9
All Bids received from Bidders in
of a corporate officer or designee with
response to the Invitation for Bids will
the proven authority to bind the firm in
become the property of City and will
matters of this nature. The address
not be returned. In the event of
and telephone number for any
Contract award, all documentation
communications regarding the Bid
produced as part of the Contract shall
must be included.
become the exclusive property of City.
13.4
Bids shall contain an acknowledgment
13.10
The Bidder preparing a submittal in
of receipt of all addenda.
response to this IFB shall bear all
13.5
Bids by corporations must be
expenses associated with its
executed in the corporation's legal
preparation. The Bidder shall
name by the President or other
prepare a submittal with the
corporate officer, accompanied by
understanding that no claim for
evidence of authority to sign.
reimbursement shall be submitted to
Evidence of authority shall be
the City for the expense of Bid
provided on the enclosed Certified
preparation and/or presentation.
Resolution form, or by the company's
13.11
Electronic Media Submission: The
own Corporate Resolution.
City may require that machine
13.6
Bids by partnerships must be
readable information and data,
7
including computer assisted drafting
material and substantial mistake in
designs (AutoCAD files) be provided
the preparation of its Bid, or that the
by the proposing firm as a part of its
mistake is clearly evident on the face
submittal. The bidding firm shall not
of the Bid, but the intended correct Bid
be liable for claims or losses arising
is not similarly evident, Bidder may
out of, or connected with, modification
withdraw its Bid and any bid security
by the City, or anyone authorized by
will be returned. Thereafter, the
the City, decline of accuracy or
Bidder will be disqualified from further
readability of data due to storage or
bidding on the subject Contract.
obsolescence of equipment or
15. REJECTION OF BIDS
software, any use by the City or
anyone authorized by the City, of such
15.1 To the extent permitted by applicable
data for additions to projects except
state and federal laws and
as authorized in writing by the
regulations, City reserves the right to
proposing firm.
reject any and all Bids, to waive any
and all informalities not involving
13.12 The City reserves the right to charge a
3 2 y 9 9
price, time or changes in the work with
non-refundable fee for the purchase of
the Successful Bidder, and to
a solicitation document, and / or for
disregard all nonconforming, non -
project plans related to the solicitation.
p
responsive, unbalanced or conditional
Such requirement will be specified on
Bids. Bids will be considered irregular
the cover page e of this document if it is
p
and may be rejected if they show
applicable to this solicitation. Payment
serious omissions, alterations in foram,
of such fee to the Cityshall be
additions not called for, conditions or
required in order for a bidder to be
unauthorized alterations, or
considered for the award of an
irregularities of any kind.
agreement as a result of this
solicitation.
15.2 City reserves the right to reject the Bid
of any Bidder if City believes that it
14. MODIFICATION AND WITHDRAWAL OF
would not be in its best interest of to
BIDS
make an award to that Bidder,
14.1 Bids may be modified or withdrawn by
whether because the Bid is not
a duly executed document signed by
responsive, the Bidder is unqualified,
a corporate officer or other employee
of doubtful financial ability, or fails to
with designated signature authority.
meet any other pertinent criteria
Evidence of such authority must
established by City within the scope of
accompany the request forwithdrawal
the solicitation.
or modification. The request must be
16. QUALIFICATIONS OF BIDDERS
delivered to the Purchasing Office at
any time prior to the deadline for
16.1 Bids will be considered from firms
submitting Bids. Withdrawal of a Bid
normally engaged in providing the
will not prejudice the rights of an
service requested. The bidding Firm
Bidder to submit a new Bid prior to the
must demonstrate adequate
Bid opening date and time. No Bid
experience, organization, facilities,
may be withdrawn or modified after
equipment, parts, maintenance
the date of Bid opening has passed.
capabilities and personnel to ensure
prompt and efficient service to the City
14.2 If, within twenty-four 24 hours after
� { )
of Tamarac. The City of Tamarac will
Bids are opened, any Bidder files a
determine whether the evidence of
dulysigned, written notice with the
g
ability to perform is satisfactory and
Purchasing Office, and within five (5)
reserves the right to reject Bids where
calendar days thereafter
y
evidence submitted, or investigation
demonstrates to the reasonable
and evaluation, indicates inability of a
satisfaction of Ci , b clear and
� y
firm to perform.
convincing evidence, that there was a
17.
16.2 No Bid shall be accepted from, norwill
any contract be awarded to, any
person who is in arrears to City for
any debt or contract, who is a
defaulter, as surety or otherwise, of
any obligation to City, or who is
deemed irresponsible for unreliable by
City. City will be the sole judge of said
determination.
INSURANCE
17.1 Bidder agrees to, in the performance
of work and services under this
Agreement, comply with all federal,
state, and local laws and regulations
now in effect, or hereinafter enacted
during the term of this agreement
that are applicable to Bidder, its
employees, agents, or
subcontractors, if any, with respect to
the work and services described
herein.
17.2 Bidder shall obtain at Bidder's
expense all necessary insurance in
such form and amount as required
by this Bid or by the City's Risk
Manager before beginning work
under this Agreement. Bidder shall
maintain such insurance in full force
and effect during the life of this
Agreement. Bidder shall provide to
the City's Risk Manager current
certificates of all insurance required
under this section prior to beginning
any work under this Agreement.
17.3 Bidder shall indemnify and save the
City harmless from any damage
resulting to it for failure of either
Bidder or any Sub -Bidder to obtain or
maintain such insurance.
17.4 The following are required types and
minimum limits of insurance
coverage, which the Bidder agrees to
maintain during the term of this
contract:
Line of Occurrence Aggregate
Business/
Coverage
Commercial
General
Liability
Including:
$19000,000 $1,0009000
s 1' T 711 s #
Premises/Operations
Contractual Liability
Personal Injury
Explosion, Collapse, Underground Hazard
Products/Completed Operations
Broad Form Property Damage
Cross Liability and Severability of Interest
Clause
Automobile
Liability
Workers'
Compensation
& Employer's
Liability
$1,000,000 $190000000
Statutory
17.5 The City reserves the right to require
higher limits depending upon the
scope of work under this Agreement.
17.6 Neither Bidder nor any Sub -Bidder
shall commence work under this
contract until they have obtained all
insurance required underthis section
and have supplied the City with
evidence of such coverage in the
form of an insurance certificate and
endorsement. The Bidder will ensure
that all Sub -Bidders will comply with
the above guidelines and will
maintain the necessary coverages
throughout the term of this
Agreement.
17.7 All insurance carriers shall be rated
at least A-VII per Best's Key Rating
Guide and shall be licensed to do
business in Florida. Policies shall be
"Occurrence" form. Each carrier will
give the City sixty (60) days notice
prior to cancellation.
17.8 The Bidder's liability insurance
policies shall be endorsed to add the
City of Tamarac as an "additional
insured". The Bidder's Workers'
Compensation carrier will provide a
Waiver of Subrogation to the City.
17.9 The Bidder shall be responsible for
the payment of all deductibles and
self -insured retentions. The City may
require that the Bidder purchase a
bond to cover the full amount of the
deductible or self -insured retention.
17.10 The Successful Bidder agrees to
perform the work under the Contract
as an independent contractor, and
not as a subcontractor, agent or
employee of City.
I
18. INDEMNIFICATION
18.1 GENERAL INDEMNIFICATION: The
successful Bidder shall, in addition to
any other obligation to indemnify the
City and to the fullest extent
permitted by law, protect, defend,
indemnify and hold harmless the
City, their agents, elected officials
and employees from and against all
claims, actions, liabilities, losses
(including economic losses), costs
arising out of any actual or alleged:
a). Bodily injury, sickness, disease or
death, or injury to or destruction of
tangible property including the loss
of use resulting therefrom, or any
other damage or loss arising out of
or resulting, or claimed to have
resulted in whole or in part from any
actual or alleged act or omission of
the Bidder, anyone directly or
indirectly employed by them, or
anyone for whose acts any of them
may be liable in the performance of
the Work; or b). violation of law,
statute, ordinance, governmental
administration order, rule, regulation,
or infringement of patent rights by
Successful Bidder in the
performance of the Work; or c). liens,
claims or actions made by the
Successful Bidder under workers
compensation acts; disability benefit
acts, other employee benefit acts or
any statutory bar. Any cost of
expenses, including attorney's fees,
incurred by the City to enforce this
agreement shall be borne by the
Successful Bidder.
18.2 Upon completion of all Services,
obligations and duties provided for in
this Agreement, or in the event of
termination of this Agreement for any
reason, the terms and conditions of
this Article shall survive indefinitely.
18.3 The Successful Bidder shall pay all
claims, losses, liens, settlements or
judgments of any nature whatsoever
in connection with the foregoing
indemnifications including, but not
limited to, reasonable attorney's fees
(including appellate attorney's fees)
and costs.
18.4 City reserves the right to select its
own legal counsel to conduct any
defense in any such proceeding and
all costs and fees associated
therewith shall be the responsibility of
Successful Bidder under the
indemnification agreement. Nothing
contained herein is intended nor shall
it be construed to waive City's rights
and immunities under the common
law or Florida Statute 768.28 as
amended from time to time.
19. INDEPENDENT CONTRACTOR
An Agreement resulting from this solicitation
does not create an employee/employer
relationship between the Parties. It is the
intent of the Parties that the Contractor is an
independent contractor under this Agreement
and not the City's employee for any purposes,
including but not limited to, the application of
the Fair Labor Standards Act minimum wage
and overtime payments, Federal Insurance
Contribution Act, the Social Security Act, the
Federal Unemployment Tax Act, the
provisions of the Internal Revenue Code, the
State Worker's Compensation Act, and the
State Unemployment Insurance law. The
Contractor shall retain sole and absolute
discretion in the judgment of the manner and
means of carrying out Contractor's activities
and responsibilities hereunder provided,
further that administrative procedures
applicable to services rendered under any
potential Agreement shall be those of
Contractor, which policies of Contractor shall
not conflict with City, State, or United States
policies, rules or regulations relating to the
use of Contractor's funds provided for herein.
The Contractor agrees that it is a separate
and independent enterprise from the City, that
it had full opportunity to find other business,
that it has made its own investment in its
business, and that it will utilize a high level of
skill necessary to perform the work. Any
potential Agreement shall not be construed as
creating any joint employment relationship
between the Contractor and the City and the
City will not be liable for any obligation
incurred by Contractor, including but not
limited to unpaid minimum wages and/or
overtime premiums.
20. DELIVERIES
All items delivered to the City by the Bidder or
by sub -contractors shall be delivered F.O.B.
destination to the Colony West Golf Club at
1
21.
22.
and Contracts Division
6800 NW 881" Avenue (Pine Island Road),
no cost to the City. Successful Bidder shall
Tamarac, Florida 33321, Attn: Billy Casper
furnish all guarantees and warranties to the
Golf, LLC.. All delivery costs and charges
Purchasing Division prior to final acceptance
must be included in the bid price. If delivery of
and payment. The warranty period shall
an item is required, the City reserves the right
commence upon final acceptance of the
to cancel the delivery order(s) or any part
product.
thereof, without obligation if delivery is not
23. COPYRIGHTS OR PATENT RIGHTS
made at the time specified in the Bid.
Successful Bidder shall contact the Colony
The Bidder warrants that there has been no
West Golf Club at least twenty-four (24) hours
violation of copyrights or patent rights in
in advance of delivery.
manufacturing, producing or selling the goods
shipped or ordered as a result of this bid. The
WARRANTIES
seller agrees to hold the City harmless from
21.1 Successful Bidder warrants to City
all liability, loss or expense occasioned by
any such violation.
that the consummation of the work
provided for in the Contract
24. SAFETY STANDARDS
documents will not result in the breach
The Bidder warrants that the product(s)
of any term or provision of, or
supplied to the City shall conform in all
constitute a default under any
respects to the standards set forth in the
indenture, mortgage, contract, or
Occupational Safety and Health Act of 1970
agreement to which Successful
as amended, and shall be in compliance with
Chapter 442, Florida Statutes as well as any
Bidder is a party.
industry standards, if applicable.
21.2 Successful Bidder warrants to City
that it is not insolvent, it is not in
25. INSPECTION
bankruptcy proceedings or
The City shall have the right to inspect any
receivership, nor is it engaged in or
materials, components, equipment, supplies,
threatened with any litigation,
services or completed work specified herein.
Any of said items not complying with these
arbitration or other legal or
specifications are subject to rejection at the
administrative proceedings or
option of the City. Any items rejected shall be
investigations of any kind which would
removed from the premises of the City and/or
have an adverse effect on its ability to
replaced at the entire expense of the
perform its obligations under the
successful vendor.
Contract.
26. NON-DISCRIMINATION AND EQUAL
21.3 Successful Bidder warrants to City
OPPORTUNITY EMPLOYMENT
that it will comply with all applicable
federal, state and local laws,
During the performance of the Contract, the
Contractor shall not discriminate against any
regulations and orders in carrying out
employee or applicant for employment because
its obligations under the Contract.
of race, color, sex, religion, age, national origin,
21.4 All warranties made by Successful
marital status, political affiliation, familial status,
sexual orientation, or disability if qualified. The
Bidder together with service
Contractor will take affirmative action to ensure
warranties and guarantees shall run to
that employees are treated during employment,
City and the successors and assigns
without regard to their race, color, sex, religion,
of City.
age, national origin, marital status, political
affiliation, familial status, sexual orientation, or
CONDITIONS OF MATERIAL
disability if qualified. Such actions must
All materials and products supplied by the
include, but not be limited to, the following:
Bidder in conjunction with this Bid shall be
employment, promotion; demotion or transfer;
new, warranted for their merchantability, fit for
recruitment or recruitment advertising, layoff
a particular purpose, free from defects and
or termination; rates of pay or other forms of
consistent with industry standards. The
compensation; and selection for training,
products shall be delivered to the City in
including apprenticeship. The Contractor shall
excellent condition. In the event that any of
agree to post in conspicuous places, available
the products supplied to the City are found to
to employees and applicants for employment,
be defective or do not conform to the
notices to be provided by the contracting
specifications, the City reserves the right to
officer setting forth the provisions of this
return the product to the Successful Bidder at
nondiscrimination clause. The Contractor
11
27.
further agrees that he/she will ensure that
Subcontractors, if any, will be made aware of
and will comply with this nondiscrimination
clause.
CLARIFICATION & ADDENDA
Where there appears to be variances or
conflicts between the General Terms and
Conditions and the Special Conditions and/or
Detailed Specifications outlined in this bid, the
Special Conditions and/or the Detailed
Specifications shall prevail.
The Bidder shall examine all Bid documents
and shall judge all matters relating to the
adequacy and accuracy of such documents. If,
upon review, any material errors in
specifications are found, the Bidder shall
contact the Purchasing Office immediately.
Any inquires, suggestions, requests
concerning clarification, or requests for
additional information shall be submitted in
writing to the Purchasing and Contracts
Manager.
The City of Tamarac reserves the right to
amend this Bid prior to the Bid due date
indicated by written addenda. Written
addenda shall serve as the sole means of
clarification. The City shall not be responsible
for oral interpretations given by any City
employee or its representative.
****SPECIAL NOTE****
Addendums will only be issued
electronically through the City's web -site.
Vendors will be notified of the availability
of new solicitations and addendums via e-
mail or text message (per the vendor's
choice). It is essential that all vendors
receiving a bid or Bid either download the
document from the City's web -site, or
register as a plan holder. All Bidders must
visit htt ://ww.tamarac.or fbids.as x ,
and select the "NOTIFY ME" icon. This
action will take the Bidder to the "Notify
Me" page. Once on the "Notify Me" page,
enter the appropriate e-mail address to
which notifications of solicitations and
addendums should be sent. Bidders may
also request notification by text message
at this time. Upon completion of this
process, a confirming e-mail will be sent to
the individual who registered. You must
click on the link provided to confirm
registration for solicitation documents and
addendums. Regardless of the means of
transmission of an Addendum it is the
responsibility of the Bidder to insure that
they have received all addendums issued
for a solicitation prior to submitting a
response.
28. TAXES
28.1 Successful Bidder shall pay all
applicable sales, consumer use and
other similar taxes required by law.
28.2 The City of Tamarac is exempt from
payment of all Federal, State, and
Local taxes. An exemption certificate
will be provided where applicable
upon request.
29. PERFORMANCE
Failure on the part of the Bidder to comply
with the conditions, terms, specifications and
requirements of the Bid shall be just cause for
cancellation of the Bid award. The City may,
by written notice to the Bid, terminate the
contract for failure to perform. The date of
termination shall be stated in the notice. The
City shall be the sole judge of
nonperformance.
30. TERMINATION FOR CAUSE AND DEFAULT
In addition to all other remedies available to
the City, this Agreement shall be subject to
cancellation by the City for cause, should the
Successful Bidder neglect or fail to perform or
observe any of the terms, provisions,
conditions, or requirements herein contained,
if such neglect or failure shall continue for a
period of thirty (30) days after receipt by of
written notice of such neglect or failure.
31. TERMINATION FOR CONVENIENCE OF CITY
This Agreement may be terminated by the City
for convenience, upon seven (7) days of
written notice by the City to the Successful
Bidder for such termination in which event the
Successful Bidder shall be paid its
compensation for services performed to
termination date, including services
reasonably related to termination. In the event
that the Successful Bidder abandons this
Agreement or causes it to be terminated, the
Successful Bidder shall indemnify the city
against loss pertaining to this termination.
32. FUNDING OUT
This agreement shall remain in full force and
effect only as long as the expenditures
provided for in the Agreement have been
appropriated by the City Commission of the
City of Tamarac in the annual budget for each
fiscal year of this Agreement, and is subject to
and Contracts Division
termination based on lack of funding.
33.3
During the term of the contract, the
Contractor shall maintain all books,
33. RECORDS I AUDITS
reports and records in accordance
with generally accepted accounting
33.1 The City of Tamarac is a public
practices and standards for records
agency subject to Chapter 119,
directly related to this contract. The
Florida Statutes. The Contractor
shall comply with Florida's Public
form of all records and reports shall
Records Law. Specifically, the
be subject to the approval of the City's
Contractor shall:
Auditor. The Contractor agrees to
make available to the City's Auditor,
33.1.1 Keep and maintain public
during normal business hours and in
records that ordinarily and
Broward, Dade or Palm Beach
necessarily would be
required by the City in
Counties, all books of account, reports
order to perform the
and records relating to this contract.
service;
34. ASSIGNMENT
33.1.2 Provide the public with
34.1
Successful Bidder shall not assign,
access to such public
transfer or subject the Contract or its
records on the same terms
rights, title, interests or obligations
and conditions that the
City would provide the
therein without City's prior written
records and at a cost that
approval.
does not exceed that
provided in chapter 119,
34.2
Violation of the terms of this
Fla. Stat., or as otherwise
paragraph shall constitute a breach
provided by law;
of the Contract by Successful Bidder
and City may, at its discretion, cancel
33.1.3 Ensure that public records
the Contract. All rights, title, interest
that are exempt or that are
and obligations of Successful Bidder
confidential and exempt
shall thereupon cease and terminate.
from public record
requirements are not
35. EMPLOYEES
disclosed except as
authorized by law; and
35.1
Employees of the successful
Contractor shall at all times be
33.1.4 Meet all requirements for
under its sole direction and not an
retaining public records
employee or agent of the City. The
and transfer to the City, at
Contractor shall supply competent
no cost, all public records
and physically capable employees.
in the
The City may require the Contractor
possession of
contractor upon
to remove an employee it deems
termination of the contract
careless, incompetent,
and destroy any duplicate
insubordinate or otherwise
public records that are
objectionable. Bidder shall be
exempt or confidential and
responsible to the City for the acts
exempt. All records stored
and omissions of all employees
electronically must be
working under its directions.
provided to the City in a
35.2
Unauthorized Aliens: The
format that is compatible
employment of unauthorized aliens
with the information
by any Contractor is considered a
technology systems of the
violation of Section 274A (e) of the
agency.
Immigration and Nationality Act. If
the Contractor knowingly employs
33.2 The failure of Contractor to comply
unauthorized aliens, such violation
with the provisions set forth in this
shall be cause for unilateral
Article shall constitute a Default
cancellation of any contract
and Breach of this Agreement and
resulting from this IFB. This
the City shall enforce any available
applies to any sub -contractors used
contract remedies in force including
by the Contractor as well.
termination of the Agreement.
13
36. GOVERNING LAW:
The laws of the State of Florida shall govern
this Agreement. Venue shall be Broward
County, Florida.
37. FORM AGREEMENT DOCUMENT
The City may attach as a part of this
solicitation, a Form Agreement document.
Bidders shall be responsible for complying
with all of the terms and conditions of the
Form Agreement document if included
herein, except where variant or conflicting
language may be included in any Special
Conditions contained herein. Bidders shall
note any deviation or variance with the Form
Agreement document at the time of bid
submission.
38. OTHER GOVERNMENTAL ENTITIES
If a Bidder is awarded a contract as a result of
this IFB, Bidder will, if Bidder has sufficient
capacity or quantities available, provide to
other governmental agencies, so requesting,
the products or services awarded in
accordance with the terms and conditions of
the Invitation for Bid and resulting contract.
Prices shall be F.O.B. Destination to the
requesting agency.
39. UNBALANCED BID PRICING
When a unit price proposed has variable or
estimated quantities, and the Bid shows
evidence of unbalanced Bid pricing, such Bid
may be rejected.
40. INFORMATION REQUESTS AFTER DUE
DATE
Pursuant to Florida Statute Chapter 119,
Section 071 (1), sealed bids or Bids received
by an agency pursuant to invitations to bid or
requests for Bids are exempt from the
provisions of subsection (1) and s. 24(a), Art.
I of the State Constitution until such time as
the agency provides notice of a decision or
intended decision pursuant to F.S.
§119.071(1) (b) (2), or within 30 days after
bid/Bid opening, whichever is earlier.
41. OWNERSHIP OF PRELIMINARY AND FINAL
RECORDS
All preliminary and final documentation and
records shall become and remain the sole
property of the City. The awarded firm shall
maintain original documents thereof for its
records and for its future professional
endeavors and provide reproducible copies to
the City. In the event of termination of the
agreement the proposing firm shall cease
work and deliver to the City all documents
(including reports and all other data and
material prepared or obtained by the awarded
firm in connection with the project), including
all documents bearing the professional seal of
the firm. The City shall, upon delivery of the
aforesaid documents, pay the firm and the firm
shall accept as full payment for its services
thereunder, a sum of money equal to the
percentage of the work done by the firm and
accepted as satisfactory to the City.
42. BUDGETARY CONSTRAINTS
In the event the City is required to reduce
contract costs due to budgetary constraints, all
services specified in this document may be
subject to a permanent or temporary reduction
in budget. In such an event, the total cost for
the affected service shall be reduced as
required. The Contractor shall also be
provided with a minimum 30-day notice prior
to any such reduction in budget.
43. PROHIBITION AGAINST LOBBYING
During the solicitation of any bid or Bid, any
firm and its agents, officers or employees who
intend to submit, or who have submitted, bids
or Bids shall not lobby, either individually or
collectively, any City Commission members,
candidates for City Commission or any
employee of the City. Contact should only be
made through regularly scheduled
Commission meetings, or meetings scheduled
through the Purchasing and Contracts Division
for purposes of obtaining additional or
clarifying information. Any action, including
meals, invitations, gifts or gratuities by a
submitting firm, its officers, agents, or
employees shall be within the purview of this
prohibition and shall result in the immediate
disqualification of that firm from further
consideration.
During a formal solicitation process, contact
with personnel of the City of Tamarac other
than the Purchasing and Contracts Manager
or designated representative regarding any
such solicitation may be grounds for
elimination from the selection process.
(Reference: Tamarac Procurement Code
Section 6-156.)
44. DEMONSTRATION OF EQUIPMENT
The City reserves the right to require a
demonstration of equipment proposed in order
to observe the equipment in an operational
environment and to verify its capability,
suitability, and adaptability in conjunction with
performance requirements stipulated in this
solicitation. If a demonstration is required, the
City will notify the Bidder of such in writing and
E
will specify the date, time and location of the
demonstration. If the Bidder fails to perform the
demonstration on specified date stipulated in
the notice, the City may elect to reject that
Bidder's offer or to re -schedule a
demonstration, whichever action is determined
to be in the best interests of the City. The City
shall be the sole judge of the acceptability of the
equipment in conformance with the
specifications, and its decision shall be final.
The equipment used forthe demonstration shall
be the same as the manufacturer's model
identified in the Bidder's response. Accordingly,
the equipment used in the demonstration shall
create an express warranty that the actual
equipment to be provided by the Successful
Bidder during the contract period shall conform
to the equipment used in the demonstration.
The Bidder shall be required to provide
adequate restitution to the City in the manner
prescribed by the City, if this warranty is
violated.
The City reserves the right to consider the per
unit total cost of operation for a three (3) year
period.
45. NUMBER OF COPIES OF BIDS
Return one (1) Original and one (1) copy in an
envelope marked with your firm's name and
"IFB 14-07B, Golf Carts for Colony West Golf
Club to the City of Tamarac, Purchasing &
Contracts Division, 7525 NW 88t" Avenue,
Room 108, Tamarac, Florida 33321. Any
addenda become part of this Request of Bid
and the resulting agreement. The Bid Form
included herein should be signed by an
authorized company representative, dated and
returned with the Bid.
46. RESTRICTIONS ON CONTACT WITH CITY
EMPLOYEES
No negotiations, decisions or actions shall be
initiated or executed by the Bidder as a result of
any discussions with any City employee. Only
those communications that are issued in writing
from the Purchasing & Contracts Division may
be considered as a duly authorized expression.
Also, only communications from Bidders that
are signed in and in writing will be recognized
by the City as duly authorized expressions on
behalf of the Bidder.
s#1507M rl of
CONTACT WITH PERSONNEL OF THE CITY
OF TAMARAC OTHER THAN THE
PURCHASING AND CONTRACTS
MANAGER OR DESIGNATED
REPRESENTATIVE REGARDING THIS
INVITATION FOR BIDS MAY BE GROUNDS
FOR ELIMINATION FROM THE SELECTION
PROCESS.
Remainder of Page Intentionally Blank
15
SPECIFICATIONS
1.0 INTENT
The purpose of this Request for Bids is to acquire golf carts for the Colony West
Golf Club located at 6800 NW 88th Avenue, (Pine Island Road) Tamarac, FL 33321
in conformity with the requirements contained herein.
2.0 BACKGROUND
The Colony West Golf Course is located due west of Ft. Lauderdale,
approximately 10.5 miles from the Atlantic Ocean beaches. The site is bounded
by McNab Rd to the north, University Dr to the east, 61st St to the south and Nob
Hill Rd to the west. In addition to the two 18-hole golf courses that form Colony
West Golf Club, there are numerous residences within this rectangular property,
with the golf courses and ancillaries totaling 262 acres. The two golf courses are
split between the east and west sides of N . Pine Island Rd, which bisects the
property with the Championship Course located east and the Glades course
located west of this roadway.
2.1 The Courses
Championship Course
The property has a basic rectangular configuration that is approximately 4/10 of a
mile x 9/10 of a mile. The site is almost entirely bounded by residences, with only a
few exceptions. The golf clubhouse, restaurant, and parking area are located on the
eastern portion of the property along with the Championship Course. The property
has a total of about 200 parking spaces for both the clubhouse and golf course. This
amount appears sufficient for most days of activity, but on busier weekends in
season and/or during large golf events, the total can be less than is needed.
Facts and Features of the Championship Course
The Championship Course at Colony West was built and designed in 1971 by
Robert Von Hagge and Bruce Devlin specifically for a PGA Tournament Event -the
Jackie Gleason Classic, which is now the Honda Classic. The original design was a
monstrous par 72, 7,553 yards long with numerous bunkers. Before opening in
1971, the course was "softened" somewhat with a reduction in length and removal
of many bunkers.
• The course has golf design features and conditions that are typically associated
with high quality golf, capable of commanding at or above median market rates. The
course has attractive and challenging features that make it desirable for golfers.
• The golf course is relatively flat, with many holes bounded by surrounding
residential elements. Water is in play on 13 of the 18 holes and there are 66 total
sand bunkers. Colony West Golf Club has also been rated by the Florida State Golf
Association to be the toughest and longest par 71 in Florida, and by the Florida
Business Journal to be the toughest public course in South Florida.
• The Colony West Golf Club golf course plays 7,001 yards from its longest (non-
professional) tee and to a par of 71. A total of five tees are on the course, allowing
for play from 7,000+ yards to 4,400 yards from the most forward tee. The course
has a USGA slope rating of 142 from its Black tee, which represents that the golf
course is approximately 28% "harder' than the standard slope of 111. The other
shorter -length tees are also well above the "standard" for difficulty, meaning that the
Championship course at Colony West is considered to be much harder for the
average player. While this has some appeal to more serious golfers seeking a
challenge, the overall marketability of harder courses is limited, as only about 10%
of golfers can be considered as "good players."
Glades Course
The shorter, 18-hole Glades Course is located on the western side of the Colony
West Country Club property, on a smaller parcel of property and within a section of
the property with a greater density of residences. Golfers playing the Glades course
are required to cross N. Pine Island Rd for beginning and ending the round. The
very western edge of the Glades Course (bounded by Nob Hill Rd) is less than 3/4of
a mile from the Sawgrass Expressway, or the western boundary of populated
Broward County.
• The
course measures 4,207 yards
from
its longest tee and includes eight par-3
holes,
nine par-4 holes and a single
par-5
hole.
• The layout is generally open, with limited tree cover inside the property. Water is in
play on eight of the 18 holes, but there are very few sand bunkers.
• The layout is such that the golf course does not have "returning nines," meaning
that golfers seeking to play only nine holes will find themselves as far away from the
clubhouse as can be on this site when completing the 9th hole.
2.2 Course & Golf Cart Management
The City of Tamarac purchased the Colony West Golf Club in late 2011 as a means
to maintain open space within the City while safeguarding property values and
quality of life for the residents. In October, 2013, the City awarded an agreement to
Billy Casper Golf, LLC (BCG) for Golf Course Operations Services for the Colony
West facility. As the manager of the facility, BCG will be responsible for the daily
care and routine maintenance of all golf carts, delivered to the facility.
Currently, the City is leasing gasoline powered golf carts, but has recently awarded
a contract for a complete retrofit of the facilities Cart Barn to provide charging
facilities for up to 150 electric golf carts. The contract to perform this work is
currently in process and is scheduled to be completed by June, 2014.
3.0 SCOPE OF SERVICES
Bidders are requested to submit Bids for various acquisition methods including
17
outright purchase of
carts and /
or for the leasing of
carts utilizing either an
operational
lease or
capital
lease
as provided
for on
the
Bid Form included herein.
4.0 DELIVERY SCHEDULE
Delivery is to be completed by no later than July 1, 2014.
5.0 MAINTENANCE / WARRANTY
The Successful Bidder shall provide all services, parts, labor, and maintenance as
well as a bumper to bumper warranty which covers parts and labor. BCG will
perform preventive maintenance in the form of monthly battery maintenance and
other service of the golf carts per BCG standard maintenance protocol. All other
maintenance shall be performed by the golf cart provider.
All carts must be fully operational within forty-eight (48) hours of call for service
(excluding weekends and holidays). Any unit not fully repaired and operational
within 48 hours shall be replaced with a "loaner" unit, equal to or greater than in
quality to the unit it is substituting, upon the request of BCG or the City. For. leased
units, any cart that requires frequent repair as judged by the BCG Course Manager
or designee must be replaced on request of the Manager at no additional charge
throughout the lease contract term. For purchased units, this procedure shall also
be followed during the golf cart warranty period.
The Successful Bidder shall maintain a "Service History" on each cart. Such
information is to be available upon request to the BCG Manager or designee or to
the City's Project Manager. Information to be included in said history is to include
date and time of call for service; name of caller; caller's description of the service
issue; date and time service technician arrived at site; actual problem found' repairs
made and parts used; and the date and time the unit is again fully operational.
6.0 MINIMUM REQUIREMENTS (Please Respond to Questions When Provided)
6.1 Bidders shall be a manufacturer's authorized dealer of the golf carts being
proposed, and may be asked to provide proof of dealership.
6.2 Carts shall be the newest model available at the time of award.
6.3 Carts shall be electric units, 48 volt -- 6 x 8 volt rechargeable batteries and
one (1) charger included with each cart.
Battery Life: Shall provide guaranteed service of 25,000 Amps. Battery
performance shall meet or exceed golf rounds of 36 holes ;per day for a
period of four (4) years as calculated from the date of delivery and placement
of cart into daily operation. For leased carts, battery shall be in place for the
full lease term. If battery fails prior to the end of lease term, Successful
Bidder shall replace battery(s) at no charge to the City. For purchased units,
if the battery fails to prior to four (4) years from the date of delivery and
placement of cart into daily operation, the successful contractor shall replace
the battery with a brand new, fully operable battery in compliance with the
requirements of this Section F at no additional cost to the City or BCG.
and Contracts Division
6.4 Carts shall utilize a 4 wheel design.
6.5 Carts shall be equipped with standard equipment as shown on the next page.
Remainder of Page Intentionally Blank
19
GOLF CART SPECIFICATIONS
100 each — 48-Volt Electric Vehicles PLUS: 2 each gas powered, generally 12 HP
engine, Beverage Vehicles
BIDDER MUST INDICATE WHETHER THEY MEET OR DO NOT MEET THE
FOLLOWING REQUIREMENTS:
GOLF CARTS
MANUFACTURER/ MODEL # OF CART:
a. 48 Volt electric vehicles
b. Deep cycle heavy duty batteries
C. Full automatic power drive chargers 6' power cords
d . 8' charger cords
e. Canopy Tops with Canopy Support Struts, dual coated with
electrostatic and powder coatings
f. Sweater Baskets
g. Bagwell liners
h. Decals on each side of cart. Carts to be numbered 01 to 100
i. Quick Fill Battery Watering System w/float indicator
j. Four (4) 4 ply premium tread tires
k. Wheel cover for each tire
I. Golf cart rain protectors
m. Windshields
n. Scuff guards
o. Sand bucket kits with lids (2 per cart)
p. Minimum 4 year warranty on batteries
p.. Minimum 3 year warranty on tires
and Contracts Division
q.. Two (2) keys per cart
r. Capacity of two (2) passengers and two (2) golf bags
s. Information (message) holders
t. Color of carts to be provided: Beige
BEVERAGE CARTS
MANUFACTURER AND MODEL # OF CART:
a. Beverage carts shall include refrigerated storage for beverages and
snacks.
7.0 Vehicle Safety Standards
All vehicles must perform according to the safety and performance specifications of
the American National Standard for Golf Car developed by the National Golf Cart
Manufacturer's Association (NGCMA) to ensure adequate levels of safety. NGCMA
is accredited by the American National Standards Institute (ANSI).
8.0 Winter Fleet Golf Carts
In addition to the 100 golf carts specified herein, bidder shall provide pricing for the
provision of up to 50 carts at any one time to cover peak seasonal needs. (Note: the
anticipated peak season will normally run from November to April.) These carts
shall meet the specifications included herein. The Agreement shall be for only
those additional winter fleet golf carts ordered on an annual basis. The City
reserves the right to order no carts, 50 carts, or any number of carts in between.
Bidder shall provide a single monthly lease price for each cart, a time -frame for
delivery and a cost for delivery and pick-up.
9.0 Lease Agreements
Bidder shall provide a formal written lease agreement between the City and Bidder
which is acceptable to the City. Please include an Operational Lease and a Capital
Lease Agreement. Each Agreement shall include a "non -appropriation" clause that
does not obligate the City to pay any net contract balance remaining beyond any
ending fiscal period wherein funds have not been appropriated for that expense. A
copy of your proposed Agreement shall be included with your bid submission. (Note:
The fiscal year for the City of Tamarac is October 1 St — September 30th.)
21
BID FORM
IFB 14-07B
GOLF CARTS FOR THE COLONY WEST GOLF CLUB
Twelve (12) Equal Quarterly Payments of:
100 Golf Carts with a $1.00 buyout.
8
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Twelve (12) Equal Quarterly Payments of:
2 Beverage Carts with a $1.00 buyout.
8
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Total Price for 48 month lease of 100 Golf Carts with a $1.00 �
buyout. Include delivery and all additional charges:
Total Price for 48 month lease of 2 Beverage Carts with a $1.00 �
buyout. Include delivery and all additional charges:
Sixteen (16) Equal Quarterly Payments of:
100 Golf Carts with a $1.00 buyout.
a
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Sixteen (16) Equal Quarterly Payments of:
2 Beverage Carts with a $1.00 buyout.
E 11
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Total Price for 42 month lease of 100 Golf Carts with a $1.00
buyout. Include delivery and all additional charges:
Total Price for 42 month lease of 2 Beverage Carts with a $1.00 $
buyout. Include delivery and all additional charges:
Fourteen (14) Equal Quarterly Payments of:
100 Golf Carts with a $1.00 buyout.
S
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
* s DON7=7
23
Fourteen (14) Equal Quarterly Payments of:
2 Beverage Carts with a $1.00 buyout.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
B. OPERATIONAL LEASE
Total Price for 36 month operational lease of 100 Golf Carts.
Include delivery and all additional charges:
Total Price for 36 month operational lease of 2 Beverage Carts.
Include delivery and all additional charges:
Twelve (12) Equal Quarterly Payments of:
Operational Lease of 100 Golf Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Twelve (12) Equal Quarterly Payments of:
Operational Lease of 2 Beverage Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Total Price for 48 month operational lease of 100 Golf Carts.
Include delivery and all additional charges:
Total Price for 48 month operational lease of 2 Beverage Carts.
Include delivery and all additional charges:
Sixteen (16) Equal Quarterly Payments of:
Operational Lease of 100 Golf Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Sixteen (16) Equal Quarterly Payments of:
Operational Lease of 2 Beverage Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
S
3
E
S
8
E
S
S
S
4
01
Total Price for 42 month operational lease of 100 Golf Carts.
Include delivery and all additional charges:
Total Price for 42 month operational lease of 2 Beverage Carts.
Include delivery and all additional charges:
Fourteen (14) Equal Quarterly Payments of:
Operational Lease of 100 Golf Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Fourteen (14) Equal Quarterly Payments of:
Operational Lease of 2 Beverage Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
C. OPTIONS
OPTIONAL: 3 Year Maintenance Agreement for WEEKLY
Maintenance:
OPTIONAL: 4 Year Maintenance Agreement for WEEKLY
Maintenance:
OPTIONAL: ANNUAL Maintenance Cost for 100 Golf Carts
$
and 2 Beverage Carts
OPTIONAL: Cost per Cart, Per Month for 6 Month or less on an
operational lease of Golf Carts.
(City reserves the right to lease up to 50 Carts at any one time)
Please provide delivery lead time for carts under this scenario:
Days after Receipt of Order.
M
IFB 14-07B
WARRANTY/SERVICE DISCLOSURE SHEET
1
Cart Frame Warranty Period:
Parts:
Months:
2
Components Warranty Period:
Service:
Months:
3
Does Warranty apply to all
Yes
No
components?:
If No, state details:
4
Battery Warranty Period:
5
Will Loaner Carts be provided
Yes
No
during Warranty Period?:
s
Will Services be performed on
Yes
No
City property
If No, list nearest parts/services
location closest to Tamarac:
Who is the ultimate authority
7
behind Golf Cart warranty (mfr,
dealer, etc...)?:
$
Provide additional information below (attach
any warranty/support information):
Company Name:
Signature
Title
9 - r
SUBMITTED BY:
Company Name:
Address:
City:
Telephone:
Email:
FAX:
State:
Zip:
The
City of Tamarac desires to have the ability to use a
city
credit card for payment.
Will
your
firm accept
a Visa credit
card
as payment
from
the
City
of
Tamarac?
❑ Yes
❑ No
NOTE: To be considered eligible for award, one (1) original copy of this Bid form
must be submitted with the Bid.
NO BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Bid is not being submitted at this time.
27
COMPANY NAME: (Please Print):
Phone:
s s �
Fax:
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
❑ 1. Carefully read the General Terms &Conditions, Special Conditions and the
General Requirements.
❑ 2. Provide a Technical Specifications and Manufacturer's Cut -Sheets
F-1 3 Include Pricing (See Bid Form).
F-1 4 Include your Delivery Schedule
F-] 5. Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
F-1 6. Sign the Certification page. Failure to do so will result in your Bid being
deemed non -responsive.
F-] 7. Fill out the Reference Form.
❑ 8 Sign the Vendor Drug Free Workplace Form.
F-1 9 Fill out and sign the Certified Resolution.
❑ 10 Include all necessary Financial Statements requested.
F-1 11 Include proof of insurance.
❑ 12 Provide copies of your formal written capital lease and formal written
operational lease agreements along with your Bid Document.
❑ 13 Provide any additional documentation requested within the Bid Document.
❑ 14 Submit ONE (1) Original AND the number of copies requested in the Bid
Instructions. Clearly mark the sealed container with the BID NUMBER AND
BID NAME on the outside of the package.
Make sure your Bid is submitted PRIOR to the deadline.
Late Bids will not be accepted.
Failure to provide the requested attachments may result in your Bid
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAGE OF YOUR BID.
8
REFERENCES
Please list government agencies and/or private firms with whom you have done
business during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
2
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (I), the undersigned, hereby agree. to furnish the items)/service(s) described in
the Invitation to Bid. We (I) certify that we(I) have read the entire document,
including the Specifications, any Additional Requirements, Supplemental
Attachments, Instructions to Bidders, Terms and Conditions, and any addenda
issued. We agree to comply with all of the requirements of the entire Request for
Bids.
Indicate which type of organization below:
INDIVIDUAL F-1
If "Other", Explain:
Authorized Signature
Typed/Printed Name
Telephone
Fax
PARTNERSHIP ❑
Email address for above signer (if any)
CORPORATION F-1
Company Name
Address
City, State, ZIP
Federal Tax ID Number
OTHER F-1
City of
NON -COLLUSIVE AFFIDAVIT
State of )
)ss.
County of )
deposes and says that:
1. He/she is the
Officer, Representative or Agent) of
the Bidder that has submitted the attached Bid;
and Contracts Division
being first duly sworn,
, (Owner, Partner,
2. He/she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Bidder, firm, or person to submit a collusive or sham Bid in connection with the
Work for which the attached Bid has been submitted; or to refrain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Bidder, firm, or
person to fix the price or prices in the attached Bid or of any other Bidder, or to fix
any overhead, profit, or cost elements of the Bid price or the Bid price of any other
Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed Work;
5. The price or prices quoted in the attached Bid are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or
parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
By
Witness
Witness
Printed Name
Title
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 , before me, the undersigned Notary Public
of the State of Florida, personally appeared
and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
NOTARY PUBLIC, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
❑ Personally known to me, or
❑ Produced identification:
(Type of Identification Produced)
❑ DID take an oath, or ❑ DID NOT take an oath
32
and Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/Bid
certifying they have a drug -free workplace in accordance with Section 287.087,
Florida Statutes. This requirement affects all public entities of the State and
becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more Bids that are equal with respect to
price, quality, and service are received by the State or by any political subdivision for
the procurement of commodities or contractual services, a bid received from a
business that certifies that it has implemented a drug -free workplace program shall
be given preference in the award process. Established procedures for processing tie
Bids will be followed if none of the tied vendors have a drug free workplace program.
In order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later that five (5) days after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section. As the person authorized to sign the statement, I
certify that this form complies fully with the above requirements.
Authorized Signature
33
Company Name
EXHIBIT 2
TR 12505 - GOLF CARTS FOR COLONY WEST GOLF CLUB
GOLF CARTS: MANUFACTURER:
MODEL 0 OF CART: "
GOLF CARTS: MANUFACTURER:
+GUSHIl+N Y#liHt QItW1FJ�i'i'
77
MODEL 0 OF
uhrn.ttesl�er.52 ... ; «<> < ris.....ar £ia►>
Purchase Price per Golf
Total Purchase Price —
Cart — FOB Destination,
Freight Pre -Paid &
$
100 Golf Carts as
specked, including
$
: Q Q
r
; �QQ.
,.
, ►�.
r...............
Allowed.
Delivery,and all
-
additioncharges:
Purchase Price per
Total Purchase Price —2
_
Beverage Cart FOB
g
Destination Freight Pro-
9
$
Beverage C s
g Carts a
specified, including
$
::
:. ►
•::. :> .;.:c;::::
d Q�
..:::::: 3....:::.....:::.:;f;;;;;;;;;;;;;;;;>:;.;>;:.>::.;;>:,;>;:;>;:;
s::.>;>:.:::.. .: .:. :.:•:::;: ,;;;•:::>• �::>::::::>>` <>::<::>:<::>:::.:>•;:::<;
Paid &Allowed:
delivery, t
e and I
_::...... :......:::.....::
_:.
additional charoes:
:<:......... .... . .:.. ...
... ;:. ;
. :,.,.. ........ .. >:
Total Cost to the City for the purchase of 100 Golf Carts & 2 Beverage I $
Carts (excluding an option warranty & maintenance costs):
Please attach any additional accessories, rebates, or similar program enhancements the
bidder is willing to provide in conjunction with the purchase.
A. LEASE/PURCHASE '
` 3 .:•35'S .. <;.SS:.•SSSSS: �:;?'; :3:i'•`•3s:3, :S'•: .. 3 .3', ....
. t >aii YYi/2 32 i 32 2
Total Price for 36 month lease of 100 Golf Carts with a $1.00 buyout,
F
Include delivery and all additional charges: ,�
$ 4J1£,
#. ## > #33S S ."F`>:"s?YS:..3>y .. •C'�'k,r i. > > 3
'.::. . ......: :#:: f t�.�#.s# 3?iss£#s���.f��k�a's�%.'•�?s':•�'`s`�<s`�' �``•.>•.„',•.'E�s3: � �'#3's.:�,
s{
Total Price for 36 month lease of Z Beverage Carts with a $1.00 buyout. ' s3"''311'�$'�' f3 �•
Include delivery and all additional charges: $ ' 34177
` ' �%� �#'ss'ss'��•:�'s� s ..:. ' ��#s�,� #f# f�sl.
Twelve (12) Equal Quarterly Payments of: 100 Goff Carts with a $1.00
buyout. (First payment to be made upon delivery and acceptance of all
new Golf Carts)
Twelve (12) Equal Quarterly Payments of: 2 Beverage Carts with a
$1.00 buyout. (First payment to be made upon delivery and acceptance
of all new Golf Carts
....1: ............... .. ...... ..... ;...
Total Price for 48 month lease of 100 Golf Carts with a $1.00 buyout.
Include delivery and all additional charges:
Total Price for 48 month lease of 2 Beverage Carts with a $1.00 buyout.
Include delivery and all additional charges:
S
$
Sixteen (16) Equal Quarterly Payments of: 100 Golf Carts with a $1.00s�3s�3� 5,
buyout. (First payment to be made upon delivery and acceptance of all
new Golf Carts) :....... ....... ........ _•:. _ . �#1�3#I###$. .
Sixteen (16) Equal Quarterly Payments of: 2 Beverage Carts with a
$1.00 buyout. (First payment to be made upon delivery and acceptance
of all new Golf Carts)
S
Total Price for 42 month lease of 100 Golf Carts with a $1.00 buyout
$
14it#"#II:$K
t ,•
Include delivery and all additional charges:
'.. ;
_
Total Price for 42 month lease of 2 Beverage Carts with a $1.00 buyout.
3tea
€�3
Include delivery and all additional charges:
3
Fourteen (14) Equal Quarterly Payments of:
100 Golf Carts with a $1.00 buyout.
(First payment to be made upon delivery and acceptance of all new
Carts)
Fourteen (14) Equal Quarterly Payments of:
2 Beverage Carts with a $1.00 buyout.
(First payment to be made upon delivery and acceptance of all new
Carts)
B. OPERATIONAL LEASE
Total Price for 36 month operational lease of 100 Golf Carts. Include
delivery and all additional charges:
Total Price for 36 month operational lease of 2 Beverage Carts. Include
delivery and all additional charges:
Naive (12) Equal Quarterly Payments of: Operational Lease of 100 G(
Carts. (First payment to be made upon delivery and acceptance of all
new Golf Carts)
Twelve (12) Equal Quarterly Payments of: Operational Lease of 2
Beverage Carts. (First payment to be made upon delivery and
acceptance of all new Golf Carts)
i
S
$;
$
No Text
EXHIBIT 3
TR 12505 - GOLF CARTS FOR COLONY WEST GOLF CLUB
CITY of TAMARAC
PUR HASIND AND CONTRACTs DivisION
7525 NW 88"' AVENUE
TAmARAc, FL 33321
"'Committed to ExoeOlence...Alway5"
ADDENDUM No. 1
INVITATION FOR BID No.14*07B
GOLF CARTS FOR COLONY WEST GOLF CLUB
DATE of ADDENDUM: May 12, 2014
To ALL PROSPECTIVE BIDDERS*
The following clamcations, changes, additions and/or deletions are hereby made part of
the contract Documents for Bid Igo.14-o7B.
1 Please add the attached Certified Resolution page to your bid document.. This fora
was erroneously omitted from the original bid document. The certified Resolution is
rewired to validate and identify officers or employees of a corporation who possess
legal authority to sign bids and agreements on behalf of the corporation. l!
corporations must file either this document, or a separate corporate resolution that
validates the authority of the bid signatory.
Failure of a corporation to return a Certified Resolution, or a separate corporate
resolution, may result in rejection ction of your bid. Firms that are not incorporated are
exempt from having to include a certified or Corporate Resolution,
All other terms, conditions and specifications remain unchanged
and/or acknowledge this Addendum No. With your bid submittal.
Sincerely,
Keith K. Glatz, CPPD, FCPM
Purchasing & contracts Manager
CC. MPANY.
Attachment
NAME:
or d -
for i F B 14-07B. Please return
7525 NW 88th Avenue M Tamarac. Florida 33321 -2401 0 (954) 597-3570 a Fax (954) 597-3565 a www.tomaroc.org
Equal Opportunity Employer
COMPANY NAME: (Please Print).*
Phone:
Fax...
and Contracts iVIs1* rt
BEFORE SUBMITTING YOUR BID, MAKE SURE YOU...
011. Carefully read the General Terms & Conditions, Special Conditions and the
General Requirements,
[20002'. Provide a Technical Specifications and Manufacturer's Cut -sheets
g3lInclude Pricing (See Bid Form),,
[2/4, Include your Delivery Schedule
Fill out and sign the Non -Collusive Affidavit and have it properly notarized.
LvJ . Sign the Certification page, Failure to do as will result in your Bid twin
deemed non -responsive.
Fill out the Reference Forte.
Y8 Sign the Vendor Drug Free Workplace Fora.
F0/9 Fill out and sign the Certified Resolution.
B/1 0 Include all necessary Financial statements requested.
11 Include proof of insurance.
al 2 Provide copies of our formal written capital lease and formal written
� Y P
operational lease agreements along with your Bid Document.
Q/1 3 Provide any additional documentation requested rithin the Bid Document.
[Z14 Submit ONE 1 Original AND the number of copies requested in the Bid
Instructions. Clearly marls the sealed container with the BID NUMBER AND
ID MANE on the outside of the package.
Make sure your Bid is submitted PRIOR to the deadlines
Late Bids will not be aCLceptedf
Failure to provide the requested attachments may result In car d
being deemed non -responsive.
THIS SHOULD BE THE FIRST PAI
2
�F YOUR BID.
SUBMIT BID TO:
CITY OF TAMARAC
PURCHASING AND CONTRACTs D visiON
7525 NW 88TH AVENUE
TAMARAC, FL 8821
Y 54-597-8570
INVITATION FOR BID
Bidder Acknowledctement
BID NO.: 14.07B
BID TITLE: GOLF CARTS FOR COLONY VEST GOLF CLUB
BID OPENING aATEITII" E THURSDAY, MAY 22, 2014 AT 2:00 P.M.
BUYER NAME: KEITH GLATZ, PURCHASING & CONTRACTS MANAGER
BUYER PHONE: 954497-3667
BUYER EMAIL: keith.glatz@tam.arac.org
DELIVERY LOCATION: COLONY WEST GOLF CLUB, 8800 NW 88T" AVENUE, (PINE ISLAND ROAD),
TAMARAC, FLORICA 33321
GENERAL CONDITIONS :1
These instructions are standard for all bids for commodities/services issued by the City of Tamarac. The City
Of Tamarac may delete, supersede or modify any of these standard instructions for a particular bid by
indicating such change in the Instructions to bidders or in the special conditions of the bid. Any and all special
conditions that may vary from these general conditions shall prevail over any conflicting provision within any
vender's standard terms and conditions :regardless of any language in vendor's documentation to the contrary.
SEALED BIDS
This fora should be submitted with all Bid Forms in a sealed envelope. The face of the envelope shall contain
the above address, the Bid number and the Bid title. Bids riot submitted on the attached Bid Form may be
deemed non -responsive. All Bids are subject to the terms and conditions specified herein. Those bids that do
not comply with these conditions may be deemed non -responsive.
BIDDER. COMPANY NAME:
CO PANY ADDRESS:
COMPANY PHONE:
NAME OF AUTHORIZED ANENT:
TITLE of AUTHORIZED AGENT:
AUTHORIZED AGENT ENTAIL ADDRESS:
BIDDER TAXPAYER ID OR SOCIAL SECURITY NUMBER::
I certify that this Bid Acknowledgement is made without prior understanding, agreement or connection with any
corporation, firm or person submitting a Bid -for the same commodities and/or services and is in all respects fair and
without collusion or fraud./ agree to wide by all conditions of this Bice and certify that i am authorized to sign this Bid as
an agent for the Bidder.
� ��.w....�..x..:...:: _::...: ......... ......... v............ ..... 11.......
_v...... �� ...r� �... ... .w
3
GOLF CART: SPECIFICATIONS
100 each — 48-Volt Electric Vehicles PLUS: 2 each gas powered, generally 12 HP
engine, Beverage Vehicles
BIDDER MUST INDICATE WHETHER THEY MEET OR DO NOT MEET THE
FOLLOWING REQUIREMENTS:
GOLF CARTS
MANUFACTURER/
MODEL # OF CART:
a. 48 Volt electric vehicles
b. Deep: cycle heavy duty batteries
c. Full automatic power drive chargers 6' power cords
d. 8' charger cords
e. Canopy Tops with Canopy Support Struts, dual coated with
electrostatic and powder coafings
f. Sweater Baskets
g. Bagwell liners
4. Decals on each side of cart. Carts to be numbered 01 to 100
i. Quick Fill Battery Watering System w/float indicator
4
j I . Four (4) 4 ply premium tread tires
k. Wheel cover for each tire
1. Golf cart rain protectors
M. Windshields
n. Scuff guards
o. Sand bucket kits Frith lids (2 per cart)
,P. Minimum 4 year warranty on batteries
P.. Minimum 3 year warranty on tires
.....................................................4A
20
D�iuE -
YES
x
NO
q.. Two (2) keys per cart
r. Capacity at two (2) passengers and two (2) golf bags
s. Information (message) holders
t. Color of carts to be provided: Beige
BEVERAGE CARTS
MANU ACT; RER AND MODEL # of CARS:
aftd Contracts Division
X
Q
,%%, F.4i2u/PrY L4-) (46G Je7 ✓1'G
a- Beverage carts shall include refrigerated storage for beverages and
snacks.
7*0 vehicle Safety Standards
All vehicles must perform according to the safety and performance specifications of
the American National Standard for Golf Car developed by the National Golf Cart
Manufacturer's, Association (NGCMA) to ensure adequate levels of safety. NGCMA
is accredited by the American National Standards Institute (ANSI.).
8.0 Winter Fleet Calf Darts
In addition to the 100 golf carts specified herein, bidder shall provide pricing for the
provision of up to 50 carts at any one time to cover peak seasonal needs. (Note: the
anticipated peak season will normally run from November to April.) These carts
shall meet the specifications included herein. The Agreement shall be for only
those additional printer fleet golf carts ordered on an annual basis. The City
reserves the right to order no carts, 50 carts, or any number of carts in between.
Bidder shall provide a single monthly lease prig for each cart, a tine -frame for
delivery and a cost for delivery and pick-up.
U Lease Agreements
Bidder shall provide a formal written lease agreement between the City and Bidder
which is acceptable to the City. Please include an Operational Lease and a Capital
Lease Agreement. Each Agreement shall include a "non -.appropriation" clause that
does not obligate the City to pay any net contract balance remaining beyond any
ending fiscal period wherein funds have not been appropriated for that expense. A
copy of your proposed Agreement shall be included with your bid submission. (plate:
The fiscal year for the City of Tamarac is October 1 *5t — September 30 ".)
..................�...a................
�.
21
BID FORM
IFS 14-07B
GOLF CARTS FOR THE COLONY WEST GOLF CLUB
Golf Carts: ManufacturerlModel # E �
Beverage Carts: Manufacturer/Model #
OPTION #1 - PURCHASE
Total Purchase
Purchase Price per �� Price —1 QO Golf
Golf Cart — FOB � � r =�,�� Carts as specified,
Destination, Freight including Delivery,
Pre -Paid & Alfowed: and all additional
charges:
Purchase Price per Total Purchase
Price — 2 Beverage
Beverage Cart — .- Carts as specified, �
FOB Destination, � 1S � �� 5 $
Freight Pre -Paid & including delivery,
Allowed, and all additional
charges:
Total Cost to the City for the purchase of 100 Golf Carts & 2
Beverage Carts (excluding an option warranty & maintenance
costs):
Please attach any additional accessories, rebates, or similar program enhancements
the bidder is willing to provide in conjunction with the purchase.
OPTION #2 - LEASE/PURCHASE OR OPERATIONAL LEASE
A. LEASE/PURCHASE
Total Price for 36 month lease of 100 Golf Carts with a $1.00 $ 1
buyout. include delivery and all additional charges. —
Total Price for 36 month lease of 2 Beverage Carts with a $1.00
buyout. Include delivery and all additional charges:
and ontrac Division
Twelve (12) Equal Quarterly Payments of.
100 Golf Carts with a $1.00 buyout.
.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Twelve (12) Equal Quarterly Payments of
2 Beverage Carts with a $1.00 buyout.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Total Price for 48 month lease of 100 Golf Carts with a $1.00
buyout. Include delivery and all additional charges:
y rY g
Total :Price for 48 month lease of 2 Beveraae Carts with a $1.00
buyout. Include delivery and all additional charges:
Sixteen (16) Equal Quarterly Payments of:
100 Golf Carts with a 1.00 buyout.
(First payment to be made upon delivery and acceptance of all
new Goff Carts)
Sixteen (16) Equal Quarterly Payments of.-
2 Beverage Carts with a $1.00 buyout.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Total Price for 42 month ruse of 100 Golf Carts with a 1.00
buyout. Include delivery and all additional charges:
Total Price for 42 month lease of 2 Beverage Carts with a $1.00
buyout. Include delivery and all additional charges.
Fourteen (14) Equal Quarterly Payments of.
100 Golf Carts with a $1,00 buyout.
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
...,.,....w...w......w...w�.............. w,...........�.................. _..w............... _...._.............. ................... . �.w......�....� �.� ��.� M�..�... . .
3
and Contracts Division
Fourteen (14) Equal Quarterly Payments of:
Beverage Carts with a $1.00 buyout, a�
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
B. OPERATIONAL LEASE, -Y �i�14-td!)`5
Total Puce for 36 month operational lease of 100 Golf Carts.
Include, delivery and all additional charges;
Total Price for 36 month operational lease of 2 Beverage Carts.
Include delivery and all additional charges:
Twelve (12.) Equal Quarterly Payments of:
Operational Lease of 1(}0 Golf Carts.
(First,ayment to be made upon delivery and acceptance of all
new Golf Gaits)
Twelve (12) Equa! Quarterly Payments of:
Operational Lease of 2 Beverage Carts. p°
(First payment to be made upon delivery and acceptance of all
new Gaff Carts)
Total Price for 48 month operational lease of 140 Golf Carts.
$
Include delivery and all additional charges:
Total Price for 48 month operational lease of 2 Beverage Carts. $ x^
Include delivery and all additional charges: �f-
Sixteen (16) Equal Quarterly Payments of:
Operational Lease of 100 Golf Carts,
(First payment to be made upon delivery and acceptance ofall
Awk
new Golf Carts)
Sixteen (16) Equal Quarterly Payments of:
Operational Lease of 2 Beverage Carts.
(First payment to be made upon delivery and acceptance of all
new Golf Carts}
::::.::......................... .................. ....a.�� .:.:�.. ��...�.....
24
Contracts
Total Price for 42 month operational lease of 100 Golf Carts.
delivery an all additional charges. '
Include deliv .. $ .......
+�
Total Price for 42 month operational lease of 2 Beverage Carts. v
delivery 1 i Include de ery and al additional charges.
Fourteen (14) Equal Quarterly Payments of.
Operational Lease of 100 Golf Carts..
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
Fourteen (14) Equal Quarterly Payments of:
Operational Lease of 2 Beverage Carts.
$ 4 7,arv'd-
(First payment to be made upon delivery and acceptance of all
new Golf Carts)
C. OPTIONS
OPTIONAL: Year Maintenance Agreement for WEEKLY
---
Maintenance,-
OPTIONAL: 4 Year Maintenance Agreement for WEEKLY $ X X
Maintenance: *;fp
OPTIONAL- ANNUAL Maintenance Cost for 100 Golf Carts $ :k
and 2 Beverage Carts
OPTIONAL. Cost per Cart, Per Month for 6 Month or less on an
operational lease of Golf Carts.
(City reserves the right to lease up to 50 Carts at any one time) $ "75-,
Please provide delivery lead time for carts under this scenario:
30-- .4 Days after Receipt of Order.
................. ................. .
25
and Contravts Division
IFS 14-0TB
WARRANTY/SERVICE DISCLOSURE SHEET
I Card Frame Warranty Period. '71;�k 44
ompone■.�t#. WarrantyPedod♦ Parts: Months,,
Service. Qjjz5 Months: z�<?
Does Warranty pplyK to all Yes No
ornponents
If No, state details: #7M ��,�.� �-'�: �e Lb I
4 Battery Warranty Period:
Will Loaner Carts be provided
� during Warranty Period?: Yes �C No
6 Will Services be performed on Yes
City property
If No, list nearest parts/services.��.
location closest to Tamarac.
No
Who is -thy ultimate authority
7 behind Golf Cart warranty mfr,
dealer, etc... `;
14A 411A L F CS A4 M*Y
8 Provide additional information below attach any ► rr nt /s ort Mformation).-
Signature
Title
Date
l
ME
and Contracts Division
SUBMITTED BY:
M9M M-V9AM,/4
Company Name:
l`
Address: 73
City: State: Cz- zip:
Telephone'.
� f � � Y
FAX.
Email: ildee,(*"q),-*4mA4c4,,%.,i4o4ct�14-0-M�z;�l>r-.�4��-i4-.,of
The City of Tamarac desires to have the ability to use a city credit- card for payment.
Will your firm accept a Visa credit card as payment from the City of Tamarac?
>� Yes
0 No
NOTE; To be considered eligible for award, one (1) orr Inal copy of this Sid form
must be submitted with the Bid,
No BID INDICATION (IF "NO BID" IS OFFERED):
Please indicate reason(s) why a Bid is not being submitted at this time,.
and Contracts Division
REFERENCES
Please list government agencies and/or private firms with whom you have done
business during the last five years:
Your Company Name
Address
City State Zip
Phone/Fax
E-mail
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
Agency/Firm Name:
Address
City State Zip
Phone/Fax
Contact Name
AIfA C-OtC CAS' CaMPA�Y
- rfw `-< `3 4 C/15"r
kGG 7ti7-�0��
C(4-, pc
h.
..-0
Citi 0 �F �d y�J TUB _ �� e�AC'-tt - G /W-'5' d F B13
MI,4f 45 "
/W6zR&_&GC' (;cy
ce LAME
V A) 1 '0" & B0-JCfF,
- 041 o
aaQY 4) 4-rKi4)s
peomon ke5e,prr
l�rtilN '�F�KtR_.
29
34, 9 3y
and Contracts Division
CERTIFICATION
THIS DOCUMENT MUST BE SUBMITTED WITH THE BID
We (1), the undersigned, hereby agree to furnish the items)/service(s) described in
the Invitation to Bid. We (1) certify that we(l) have read the entire document,
including the Specifications, any Additional Requirements, Supplemental
Attachments, Instructions to Bidders, Terms and Conditions, and any addenda
issued. We agree to comply with all of the requirements of the entire Request for
Bids.
Indicate which type of organization below:
INDIVIDUAL ❑ PARTNERSHIP ❑
Authorized Signature
'--ftAld I�CE
Typed/Printed Name
Telephone
Fax
-GL�-aSDs
e a �tw At e 1, 4/0 J�w -
Email address for above signer (if any)
30
CORPORATION X OTHER ❑
��tf mre
ompany Name.
708 Wi��-TIVIA ����u:�h
Address
)fto F 6 Z�73*)g
City, State, ZIP
4 2,d
Federal Tax ID Number
NON -COLLUSIVE AFFIDAVIT
State of 'FAX-1 A& )
)ss.
and Contracts Division
County of Layme )
—Vvad`K�'3 �-- being first duly sworn,
deposes and says that:
1. He/she is the Tpo % Q
4�
, (Owner, Partner,
Officer, Representative or Agent) of Y"r4� C70 Lid -
the Bidder that has submitted the attached Bid;
2. He/she is fully informed respecting the preparation and contents of the attached Bid
and of all pertinent circumstances respecting such Bid;
3. Such Bid is genuine and is not a collusive or sham Bid;
4. Neither the said Bidder nor any of its officers, partners, owners, agents,
representatives, employees or parties in interest, including this affiant, have in any
way colluded, conspired, connived or agreed, directly or indirectly, with any other
Bidder, firm, or person to submit a collusive or sham Bid in connection with the
Work for which the attached Bid has been submitted; or to refrain from bidding in
connection with such Work; or have in any manner, directly or indirectly, sought by
agreement or collusion, or communication, or conference with any Bidder, firm, or
person to fix the price or prices in the attached Bid or of any other Bidder, or to fix
any overhead, profit, or cost elements of the Bid price or the Bid price of any other
Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful
agreement any advantage against (Recipient), or any person interested in the
proposed Work;
5. The price or prices quoted in the attached Bid are fair and proper and are not
tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part
of the Bidder or any other of its agents, representatives, owners, employees or
parties in interest, including this affiant.
Signed, sealed and delivered in the presence of:
Zoo
31
'rented Name
G Jl5 i� tC r
Title
and Contracts Division
ACKNOWLEDGMENT
NON -COLLUSIVE AFFIDAVIT
State of Florida
County of
On this the day of , 20 1�, before me, the undersigned Notary Public
of the State of Florida, personal y appeared
As ff 0 or and
(Name(s) of individual(s) who appeared before notary)
whose name(s) is/are Subscribed to within the instrument, and he/she/they
acknowledge that he/she/they executed it.
WITNESS my hand
and official seal.
NOTARY PUBLIC
SEAL OF OFFICE:
p ANN MARIE PETER
MY COMMISSION # EE856735
° EXPIRES: Uocanbxr 08, 2016
a7/ - - - - - .ft Aft'Mwia.w
NO
, STATE OF FLORIDA
(Name of Notary Public: Print,
Stamp, or Type as Commissioned)
0 Personally known to me, or
5(Produced identification:
(Type of Identification Produced)
0 DID take an oath, or. DID NOT take an oath
32
0(y.
'Purchasam and Contracts DIVIS)'Otl
Hi rono Kubota (Larne), the duly elected Secretary of
CorporateTitle),, a corporation organized and existing under the laws of
the State of Georg -1 a do hereby certify that the following Resolution was
unanimously adophid and passed by a quorum of the Board of Directors of the said corporation at
a meefing held in accordance with law and the by-laws of the said corporation.
"IT IS HEREBY RESOLVED THAT Hi ronori K.ubgja_.,.,., (Name) the
duly elected and Irgasurer (Title of Officer) of
Yams h-a - ----- G.Q.1f-C4r Company Corporate Title) be and is hereby authorized to execute
and submit a Bid and/or Bid Bond, 'if such bond is required, to the City of Tamarac and such other
Instruments in writ'lng as may be necessary on behalf of the said corporation,* and that the
Bid, Bid Bond, and other such instruments signed by him/her shall be binding upon the said
4
corporation as Its own acts and deeds. The secretary shall certify the names and signatures of
those authorized to act by the foregoing resolution.
The City of Tamarac shall be fully protected in relying upon such certification of the secretary and
shall be indemnified and saved harmless from any and all claims, demands, expenses, loss or
damage resulting from or growing out of honoring, the signature of any person so certified or for
refusing to honor any signature not so certified.
I further certify that the above resolution is in force and effect and has not been revised, revoked or
rescinded.
i
I further certify that the following are the name, titles and official signatures of those persons
authorized to act by the foregoing resolution,
NAME
Thomas G. McDonald
Toma Dee
TITLE.
President
District Sales Manager
SIGNATURE
Given under any hand and the Seal of the said corporation this 27 day of May, 20JA.
(SEAL)
Secretary
a-
gem
Corporate Title
NOTE:
By :
I SecretaryAnd Treasurer
The above is a suggested form of the type of Corporate Resolution desired. Such form need
not be followed explicitly, but the Certified Resolution submitted must clearly show to the
satisfaction of the City of Tamarac that the person signing the Bid and Bid Bond for. the
corporation has been properly empowered by the corporation to do so in its behalf.
CITY OF TAMARAC
PURCHASING AND CONTRACTS DIVISION
7525 NW 88r"AVENUE
TAMARAC, FL 33321
"Committed to Excellence... Always"
ADDENDUM NO. 1
INVITATION FOR BID NO.14-0713
.1
GOLF CARTS FOR COLONY WEST GOLF CLUB
DATE OF ADDENDUM: May 12, 2014
TO ALL PROSPECTIVE BIDDERS:
The following clarifications, changes, additions and/or deletions, are hereby made part of
the Contract Documents for Bid No.14-07B.
1. Please add the attached Certified Resolution page to your bid document. This form
was erroneously omitted from the original bid document. The Certified Resolution is
required to validate and identify officers or employees of a corporation who possess
legal authority to sign bids and agreements on behalf of the corporation. All
corporations must file either this document, or a separate corporate resolution that
validates the authority of the bid signatory.
Failure of a corporation to return a Certified Resolution, or a separate corporate
resolution, may result in rejection of your bid. Firms that are not incorporated are
exempt from having to include a Certified or Corporate Resolution.
All other terms, conditions and specifications remain unchanged for IFB 14-07B. Please return
and/or acknowledge this Addendum No-1 with your bid submittal.
Sincerely,
Keith K. Glatz, CPPO, FCPM
Purchasing & Contracts Manager
COMPANY:
Attachment
NAME:
7525 NW 88th Avenue ■ Tamarac, Florida 33321-2401 ■ (954) 597-3570 ■ Fax (954) 597-3565 ■ www.tamarac.org
Equal Opportunity Employer
_bRobles
From:
Sent:
o:
cc:
Subject:
CKelley@ymmc.yamaha-motor.com
Tuesday, May 7 t 201 9:39 AM
aby Robles
TDee@ymmc,yamaha-mo:tor.com
R.: Certified Resolution request
V' W 1 f �K � Y' V w ♦. ; v♦ w wr. N .W w�j�/y'��♦�
rna lto. keith Lama rac.or I#,�,k it . I a z tG
htt :/Iww Damara .or 15 .tamara .or
Charles F. Kelley
Accounting lanaer
Yamaha Gold Car Company
1000 Highway 34 East
Newnan, Georgia30:265
Office 770 254 4157
aby Rrobles --- 05/27 014 .12 : 6 PM---Tbank you for his title. i am preparing it now and H ro 'is in
today. I should have this for you to a
Vero m, Gaby Robles < a^b bl warn had- otor,,com>
a n C,'huck Kelley <ickel e mo. amaha-m:otor,co >
; iect. RE ertif ed Resolution request
.. ., ..... .. .....,... •i• ':ii:i%>:'F:S!•::•.•.•ii::•:•: i.•>::: S.v:;.JJ.v n. :. ..»n-...:: .+'CC3`^N: ....... -. �1S' - ....:. �:..: : ., .p}.. n... oo.
.�hV•Y}Y ):•!. n}S}bn}}�.h...v n• :v W,r: �iii}iitiiN: �:: :.•:: �v
.: ♦ ..::.M». :.:.:N:�.. 'i.-:.vi:::.0 ":.:.•:•:...i ..n.....-� .,., > n..n,,..,. �...,.... n. n .... ....w.:.,v..•.nn„ :..:.:. ...:. :.:: .:..
4. va :. i>/ia.. n1-0n .. . ;...vNwY4waw. en....r •
Thank o for his title. I rlpreparingi row and biro is in today. I should have this for
Y
u today. Do you need It Fed Ex to you or somewhere else?
baby Robles
Legal Division
Yamaha Motor orp r t ;on, U.S.A.
From: CK le mmc* maha-mgtor.COM [Malko:
Sent: Tuesday, May 27, 2014 9:25 AM
and Contracts Division
VENDOR DRUG -FREE WORKPLACE
Preference may be given to vendors submitting a certification with their bid/Bid
certifying they have a drug -free workplace in accordance with Section 287.087,
Florida Statutes. This requirement affects all public entities of the State and
becomes effective January 1, 1991. The special condition is as follows:
IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free
workplace programs. Whenever two or more Bids that are equal with respect to
price, quality, and service are received by the State or by any political subdivision for
the procurement of commodities or contractual services, a bid received from a
business that certifies that it has implemented a drug -free workplace program shall
be given preference in the award process. Established procedures for processing tie
Bids will be followed if none of the tied vendors have a drug -free workplace program.
In order to have a drug -free workplace program, a business shall:
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the
workplace and specifying the actions that will be taken against employees for
violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling,
rehabilitation, and employee assistance programs, and the penalties that may be
imposed upon employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a
condition of working on the commodities or contractual services that are under bid,
the employee will abide by the terms of the statement and will notify the employer of
any conviction of, or plea of guilty or nolo contendere to, any violation of chapter
893 or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later that five (5) days after each conviction.
5. Impose a section on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's
community, by any employee who is so convicted.
6. Make a good faith effort to continue to maintain adrug-free workplace through
lementation of this section. As the person authorized to sign the statement, I
c ify th is form complies fully with the above requirements.
If400--a-W 411# F I \/)�_ 41 +GCX (�R
Authorized Signature Company Name
o
A2014Models s For USA & Cana
YAi AHA: GW- 4COM COMPANY
LIMITED 4-YEAR GOLF CAR LI M ITE D WARRAI TY
Yamaha Golf Car company hereby warrants that any new YDRA gas or YDRE electric Yamaha golf car purchased from
an authorized Yamaha golf car dealer in the United States 11 be free from defects in material and workmanship for
FOUR years from date of purchase. subject to the stated limitations,
DURING THE PERIOD OF WARRANTY any authorized Yamaha. gaff car dealer VAII, free of charge, repair or replace, at
Yamaha's option, any part adjudged defective by Yamaha due to faulty wprkrnanship or material from the factory. Parts
used in warranty repairs will be warranted for the balance of the vehicle's warranty period. All parts replaced under
warranty become property of Yamaha Golf -Car Company,
GENERAL EXCLUSIONS from this warranty shall IncJude any failures caused by:
a. Abnormal strain, neglect. or abuse, including lack of proper maintenance, and use contrary to the
Owner`sfGperator's Manual Instructions.
b. Accident or collision damage.
c. Installation of parts or accessories that are not original equipment.
d. Fading, rust, or deterioration due to exposure or ordinary wear and tear.
e. Modifications or alterations that affect the cars condition, operation, performance, or durability, or which manes the
car serve a purpose other than use as a two -person, golf course vehicle,
f. Damage dine to improper transportation.
g. Acts of God, i,e, lightning, bail damage, flooding, fire, etc.
WARRANTY COVERAGE:
Year The first year of warranty shall cover the entire vehicle except for the Specific Exclusions below.
Year 2. The second year exclusions are the YDRA battery, body parts, seats,, mats, bumper assembly, bag
carrier, scorecard holder, trim, and the Specific Exclusions below.
Year 3: The third year exclusions include' the second year exclusions, plus the control cables and electrical
system (except electronic speed controller, battery charger, and electric motor), and the Specific
Exclusions below,
Year 4 The fourth year of the warranty _ covers only the electric motor, speed oontrcller, battery charger, and
transaxle on the. YORE and the engine, clutch system (except drive belt.), and transax:le on the YORK
SPECIFIC EXCLUSIONS Specific exclusions from this warranty shall include the fbilow ing:
• Electric car batteries, which are covered under a separate warranty.
• Any parts replaced due to normal near or routine maintenance, including oil and air filter elements, tire near,
Spark plugs, starter and clutch drive belts,
• Any charges incurred In transporting a golf car or charger to and from an authorized Yamaha golf Gar dealer for
service or in performing field service are also excluded from this warranty..
• Gasoline powered golf oar starting batteries on vehicles equipped with a golf course BPS device, or arty other
device with a parasitic current draw, unless the vehicle is equipped from the factory Wth an optional deep cycle
starting battery.
THE CUSTOMER'S RESPONSIBILITY under this warranty shall be to:
1. Operate and maintain the golf car and charger as specified in the appropriate Owner's/Operator"s Manuat
2. Give notice to an authorized Yamaha golf car dealer of any and all apparent defects within ten (10) days after
discovery, and make the vehicle or charger available at that time for inspection and repairs by the dealer's
authorized representative.
WARRANTY TRANSFER; Any transfer of warranty roust take place within the first three years of the original in-service
date of the vehicle. The vehicle must be re -registered by an authorized Yamaha Golf -Car Dealer within 30 days of
transfer. A fee may be charges for the transfer of the warranty,
YAi' AHA GOLF -CAR COMPANY MAKES NO OTHER WARRANTY OF ANY KIN , EXPRESSED DR IMPLIED. ALL
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED
THE OBLIGATIONS AND TIME LIMITS STATED IN THIS WARRANTY ARE HERESY DISCLAIMED BY YAMAHA
GOLF AR COMPANY AND EXCLUDED FROM THIS WARRANTY,
SOME STATES DO NOT ALLOW LIMITATIONS ON NOW LONG IMPLIED WARRANTY LASTS., SG THE ABOVE
1U #TA; R N MAY NOT APPLY TO YOU. ALSO EXCLUDED FROM THIS WARRANTY IS ANY 'INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL CAR CONSEQUENTIAL DAMAGES, SD THE ABOVE EXCLUSION MAY NOT :APPLY
TO YOU.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE -OTHER RIGHTS, WHICH
NARY, FROM STATE TO STATE.
YamahaGolf-Car Company, NEv' WAN, GEORGIA 30265-1320
EFFECTIVE DATE: 611/13 LITA 3710-01-13
2016 MODEL YEAR
YAMAHA FOUR-YEAR LIMITER WARRANTY FOR TROJAN BRAND ELECTRIO GOLF CAR AND
UTILITY VEHICLE BATTERIES WHEN CHARGED WITH A YAMAHA SUPPLIED 48-VOLT CHARGER
YAMAHA Golf -Car Company (herein referred to as "YGC") hereby warrant: to the Original Retail Purchaser or Lessee of a YAMAHA The Drive of car or PTV:
Adventurer utility vehicle, or YAMAHA ConciaMe transportation or specialty vehicle purchased from an Avi-borixed YGC Dealer, that the Trojan batteries charged
with a YAMAHA supplied battery charger will be free from defects in materials and workmanship, and will provide "36-hole performance" as Blows:
4-years or 26,000 AMP -Hours with Factory -installed Trajan tlydrolink Battery Water p9 System:
Y ARRARRAN�TY LIMITATIONS
Golf -Car Cori'tpar and Trojan Settery Company's limit of liability shall be to replace a detective battery. Replacement shall mean furnishing a new battery
or used battery with sufficient life to complete the remainder of the warranty term. at no cost to the purchaser during the limited warranty period, except for tabor or
transportation, expenses.
The following conditions apply.
A1rn.p-hours will be determined either through the Genius controller or through other means a$ necessary in the event of a controller failure or replacement.
This warranty only applies to factory installed Trojan battery sets charged with a Yamaha supplied battery charger.
The customer must perform (or have a contracted Yamaha Heater pezfcrlrrn alI periodic maintenance and discharge testing as specified in the YarYtsha Service
Manual Maintenance Schedule. No labor or transportation expenses are included in this limited warranty. Maintenance records must be kept.,
YGC supplied or approved replacement batteries may be of a different brand or capacity. but are warranted to provide: 36-hole performance for the remainder of
the original warranty term:
'36-holie performance" is defined as 60-minutes discharge time as tested and recorded using a Lester model #17770 discharge machine at an ambient temperature
of between 60 and 100 degrees F (16 and 38 degrees C ): Ambient temperatures between 60 and 80 degrees F (16 and 27 degrees C) most be oorrected using the
formula; Adjusted Discharge Time - (Discharge Minutes) ! (1-(((80-TEMPY104) x 0.64)).
The custornea must notify the Dealer vAh-in 10 days that a vehicle has failed to snake 36 holes per day. YGC reserves the right to test: and recharge any battery in
question.
ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE SHALL BE VOID AND EXCLUDED SUBSEQUENT TO ONE
YEAR FROM THE DATE OF PURCHASE. THE: REPLACEMENT OF THE BATTERY IS THE EXCL.U31VE REMEDY UNDER THIS WRITTEN WARRANTY OR
ANY IMPLIEI3'liiiARRANTY. YAMAHA MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, AND NO REPRESENTATIVEt EMPLOYEE}
DISTRIBUTOR OR DEALER OF YAMAHA HAS THE AUTHORITY TOO MAKE OR IMPLY ANY REPRESENTATI€ * PROMISE OR AGREEMENT WHICH IN ANY
WAY VARIES THE TERMS OF THIS LIMITED WARRANTY.
LIMITED WARRANTY EXCLUSIONS
WVifhout lir�niting the g>ener�ality of the foregoing in any way, and. as part tat ors limited warranty exclusion, YAMAHA does not warrant the; its battery is suitable for use in
any application other than in a golf car or utility vehicle. As In the use of any battery. a prudent owner will read and study the charger owner's manual,. the vehicle
owner's manual, the operator's instructions, and the battery warning labels: and will exercise due care in working on or, around batteries
THE PROVISIONS OF THIS LIMITED WARRANTY SHALL, NOT APPLY IF BATTERIES ARE SUBJECTED TO ANY OF THE FOLLOWING CCyNOITIONS:
Abuse or neglect such as improper fluid levels, loose vOring, rusted or corroded hardware.
Lack of proper maintana.rrce as outlined in the ejecirric vehicle Owner'sl perator's Manual. For example,: Jack of regular battery watering or adding water to the
battery before charging.
Damage Mused by improper installation of the battery,
Neglect, breakage, freezing, fire, explosion, wreckage, the addition of any cherni t, or the operation of the battery in an urtchsrr d cos diiion (below half -charge -
1.200 specific gravity),
Battery charged by system other than (he original equipment tyre battery charger.
On fleet golf cars, the use of any non-YAMAHA supplied electrical devices that consume more than one amp -hour per round or two amp hours per day of battery
energy. Examples of these devices include, but are not limited to: heating or cooling system,: GPS (global .position system) devices; informatoan gaetherri% devices;
lights, radios or stereos; or yardage measuring devices.
Less than one charger per car or inadequate facility ejectricat poor to power all Chargers. Examples include more there one charger art a single circuit, circuit
rating of less than, 1.5 amps, or not enough circuits for the number of cars.
In fleet applications, less than one battery charger per vahic:le. For example. using only 10 battery chargers to charge a 15 car fleet:
The use .of any system that does not alh3w the battery chargers to strut off automatically, For example, tamer teems Ihal am designed to switch battery charger
AC power on and off during peak demand hours..
Dan a not resulting from a defect in materials or workmanship or which occurs due to abuse or neglect (including failure to provide reasonable and necessary
maintenance), accident, alteration or acts of Gard is excluded from this limited warranty.
THIS BATTERY IS INTENDED TO BE USED BY PERSONS WITH TRAINING AND EXPERIENCE WITH BATTERIES AND ONLY IN YAMAHA ELECTRIC
VEHICLES. ANY OTHER USE RENDERS THE LIMITED WARRANTIES EXPRESSED HEREIN AND ALL IMPLIED WARRANTIES NULL. AND VOID AND SAME
ARE HEREBY EXCLUDED, ALSO EXCLUDED FROM THIS LIMITED WARRANTY ARE ANY AND ALL INCIDENTAL OR CONSEOUENTIAL DAMAGE
INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OR REVENUE, LOSS OF TIME, INCONVENIENCE OR ANY OTHER ECONOMIC LOSS,
Some states do not allow Iirnita:tion on the duration of an implied warranty, exclusions or limitations of irtodental or consequential damages. Therefore, the above
limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have tither rights, which Crary from state to state.
For further informs -lion or to submit a warranty claim. contact your local Yamaha Golf -Car Dealer or contact Yamaha Golf -Car Company toll free at (866) 747-4027,
Yamaha Golf -Car Company. NEWNAN GEORGIA 30266-1320. EFFECTIVE DATE< 06/01112 LITw13710-EL-12
i have read and agree~ to the abov cored t'tons sit forth ins the Trojan Ratfeny Warr ntt, . (Itrwal)
2014 Model Year
YAMAHA FOUR-YEAR LIMITED WARRANTY FOR Tom. BRAND ELECTRIC GOLF CAR AND
UTILITYVEHICLE BATTERIES WHEN CHARGED VWTH A YAMAHA SUP LIES 40-VOL.T'CHARGER
YAMAHA Golf -Car Company therein raf erred to ss "YGC") hereby warrants to the Original Detail Purchaser or Lessee of a YAMAHA The Drive golf car or PTV.
Adventurer utility vehicle, or YAMAHA Concierge transportation or specialty vehicle purchased from an Authorized YGC Dealer, that the Trojan batteries charged
with a YAMAHA supplied battery charger will be free from defects in materials and workmanship, and will provide "36-hole performance" as follows:
4-years or 21,604 anlp-hours
4-years of damp -hours with the additi�o+n of a factory installe I Trouts Hydrolink Battery �Wster* System.
WARRANTY LIMITATIO,N�
Yamaha Golf -Car Company's and Trojan Battery Company's limit of liability shall be to replace. a defective babe . Replacement_ shall mean furnishing a now
baattery► or used battery + tl of elent life to complete the remainder of the watrahty Term at no rest to the purchaser during the limited warranter period, except for
labor or transportation expenses.
The foll ► ing conditions apply:
• Amp -hours will be. determined' either through the Genius _controller or through other means as necessary- in the extent of a controller failure or
replacement.
nt<.
• This warnty onlyapplies to factory. Installed Trojan battery sets charged with a Yamaha supplied battery charger.
p'I�
The oustorner must perform rW have a contracted Yamaha Dealer perform) all periodic maintenance and discharge testing as specW'ted in the Yamaha
Service Manual Malntenance Schedule. No labor or transportation expenses err$ Included In this limited warranty. Maintenance records must be kept,
YGC supplied or approved replac meat batteries may be of a dittrent brand or capacity, but are warranted to provide 36-hole performances for the
rernain:d-or of the original warranty term.
• a -hope performance* is defined as "minutes discharge time as tested and recorded using a Lester model' #17770 discharge machine at an ambient
temperature of between 601 and 100 degrees I" (16 and 38 degrees C). Ambient temperatures between 80 and 80 degrees l~ (16 and 27 degrees C)
must be corrected using the. formula; Adjusted Discharge Time = (Discharges Minutes) I (1-t(t80-TEf }i100) x 0.64)).
The customer must notify the Dealer within 10 days that a vehidle has failed to make 36 holes per day. YGC m-senses the right to lost and recharge any
batteryin question,
ANY IMPLIED 'WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR. PURPOSE SHALL BE VOID AND EXCLUDED SUBSEQUENT TO
ONE YEAR FROMTHE. OA°IrE Of PURCHASE, T14C REPLACEMENT OF THE BATTERY IS THE EXCLUSIVE REMEDY UNDER THIS WARRANTY
OR. ANY IMPLIED WARRANTY. YAMAHA MAKES NO OTHER REPRESENTATION CAR WARRANTY OF ANY KINtDs AND NO REPRESENTATIVE,
EMPLOYEE, DISTRIBUTOR OR DEALER OF YAMAHA HIS THE AUTI4OR PTY TO MAKE OR IMPLY ANY REPRESENTATION, PROMISE OR AGREEMENT
WHICH IN ANY WAY VARIES THE TERMS OF THIS LIMITED WARRANTTY.
LIMITED WARRANTY EXCL SIONS
Without Iimiting -the generality of the foregaing in any way, and as part of its limited warranty exclusion, YAMAHA does not warrant that its battery is suitable for use
in any application ether than in ai' golf car or utility vehicle. As in the use of any battery, a prudent owner " read and study the charger oavner's manual, the vehicle
nee& manual, the operator's instructions, and the battery warning labels, and will exercise due care in working are or around batteries.
THE PROVISIONS OF THIS LIMITED WARRANTY SHALL NOT APPLY IF BATTERIES ARE SUBJECTED TO ANY OF THE, FOLLOWING CONDITIONS:
Abase or neglect such as improper fluid levels, loose wiring, rusted or corroded hardware.
• Lack of proper maintenance as outlined in the electric vehicle Owner s/Oparator's Manual. For example, lack of regular battery watering or adding: war
to The battery before charging.
[Damage caused by arnproper installation of the batttery.
Neglect, breakage, freeing,. f m, Upiosion, wFr ckage, the addition of any chemical, or the operation of the battery in are uncharged condition (below
half-charges—1.2ti6 specific gravity).
• Battery charged by systems other than the original equipment type battery charger,
M On fleet. golf cam. the use of any non-YAMAHA supplied electrical devices that consume more than one amp -hour per round or two amp -hours Per day
of battery energy. Examples of these devices include, but are :not limited to: heating or cooling systems: UPS (global position system) device;
information gathering devices.; lights; radios or stereos; or yardage measuring devices.
+ Less than one charger per car or inadequate facility electrical power to power all chargers. Examples include: encore than one charger on a single caircut,
circuit rating of less than 15 strips, or not enough circuits for thenumberof Cara.
• In fleet applications, less than one battery changer per vehicle. For example, using only 10 battery chargers to charge: a 16 car fleet.
• The use: of any system than does not allow the battery chargers, to shut Gaff automatically. For example, timer systems that are designed to switch battery
charger AC power on :and off during peak demand hours.
�► Damages not resulting from a defect in materials or workmanship or which occurs due to abuse or neglect (including failure to provide reasonable and
Moessary maintenance), accident, alteration or acts at God is excluded from this limited warranty.
THIS E ATTE.RY IS INTENDED TO BE' USED BY PERSONS WITH TRAINING: AND EXPERIENCE WITH BATTERIES AND ONLY IN YAMAHA ELECTRIC
VEHICLES. ANY OTHER USE RENDERS THE LIMITED WARRANTIES EXPRESSED HEREIN AND ALL IMPLIED WARRANT ES NULL ANO 1It}lD AND SAME
ARE HEREBY EXCLUDED,
ALSO EXCLUDED FROM THIS LIMITED WARRANTY ARE ANY AND ALL INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO,
LOSS OF USE OR REVENUE, LOSS OF TIME4 INCONVENIENCE OR ANY OTHER ECONOMIC LOSS.
Some states do not allow limitation on the duration of an implied warranty, *Wusions or limitations of incidental or consequential damages. lberelbra. the above
limitations or exclusions may not apply to you.
This warranty gives ym specific legal rights, and you may also have tither rights, which vary from state to state.
For further informatten or to submit a warranty claim, contact your local Yamaha Golf -Car Deader or contact Yaams.ha Gco#f Carr Company toll free at (866) 747-4027.
Yamaha: Golf -Car Company. NEV' NAN. GEORCIA 30266-1320
EFFECTIVE DATE: 0 1113 LIT-13710-EL-13
2014 Models 0YA M A H A
For USA & Canada
LIMITED 2-,YEAR UTILITY AND TRANSPORTATION VEHICLE LIMITED WARRANTY
Yamaha Goff -Car Company hereby warrants that any new Yamaha utility vehicle or any new Yamaha Golf -
Car Company transportation or specialty vehicle purchased from an authorized Yamaha golf oar dealer in
the United States will be free from defects in material and workmanship for TWO years from date of
purchase, subject to the stated limitations.
DURING THE PERIOD OF WARRANTY any authorized Yamaha golf car dealer will, free of charge, repair
or replace, at Yamaha's option, any part adjudged defective by Yamaha due to faulty workmanship or
material from the factory. Parts used in warranty repairs will be warranted for the balance of' the vehicle's
warranty period. All parts replaced under warranty become property of Yamaha Golf -Car Company.
GENERAL EXCLUSIONS from this warranty shall include any failures caused by:
a. Abnormal strain, neglect, or abuse, including lack of ;proper maintenance, and use contrary to the
Owner's/Oper toes Manual instructions.
b. Accident or collision damage.
c. Installation of parts or accessories that are not original equipment.
d. Fading, rust, or deterioration due to exposure or ordinary wear and tear.
e. Modifications or alterations that affect the cars condition, operation, performance, or durability, or which
snakes the car serve a purpose other than use as a utility or transportation vehicle,
f. Damage due to improper transportation.
g. Acts of God, i.e. lightning, hail damage, flooding, fire, etc.
WARRANTY COVERAGE:
Year 1: The first year of warranty shall cover the entire vehicle except for the Specific Exclusions
below.
Year 2: The second year of the warranty covers only the electric motor, speed controller, battery
charger, and transaxle on electric powered vehicles and the engine, clutch system (except
drive knelt), and transaxle on gasoline powered vehicles.
SPECIFIC EXCLUSIONS.- Specific exclusions from this warranty shall include any parts replaced due to
normal wear or routine maintenance, including oil and air filter elements, tire wear, spark plugs, starter and
clutch drive belts. ,Any charges incurred in transporting a vehicle or charger to and from an authorized
Yamaha golf car dearer for service or in performing field service are also excluded from this warranty. Also
excluded are electric car batteries, which are covered under a separate warranty,
THE CUSTOMER'S RESPONSIBILITY under this warranty shall be to:
1. Operate and maintain the vehicle and charger as specified Lin the appropriate Owner's/Operatoes
Manual;
2, Give notice to an authorized Yamaha golf car dealer of any and all apparent defects within ten (10) days
after discovery, and make the vehicle or charger available at that time for inspection and repairs by the
dealers authorized representative.
WARRANTY TRANSFER. This warranty is to the original owner only and is not transferable.
YAMAHA GOLF -CAR COMPANY MACES NO OTHER WARRANTY OF ANY HIND, EXPRESSED OR IMPLIED. ALL
IMPLIED WARRANTIES Of MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED
THE OBLIGATIONS AND TIME LIMITS STATED IN THIS WARRANTY ARE HEREBY DISCLAIMED BY YAMAHA
GOLF -CAR COMPANY AND EXCLUDED FROM THIS WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG IMPLIED WARRANTY LASTS, SO THE ABOVE
LIMITATION MAY NOT APPLY TO YOU. ALSO EXCLUDED FROM THIS WARRANTY !S ANY INCIDENTAL OR
CONSEQUENTIAL DAMAGES INCLUDING LOSS OF USE. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENT'IAh.. DAMAGES, 30 THE ABOVE EXCLUSION MAY NOT APPLY
TO YOU.
THIS WARRANTY GIVES YOU SPECIFICLEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS, WHICH
NARY, FROM STATE To STATE.
Yamaha Goff -Car Company, NEW AN, GEORGIA 302E5-1320
EFFECTIVE DATE. 6/1113 LIT-13710-t 3-13
YA.M.AHA,
YAMAHA GOLF -CAR COMPANY
iG GA Highway 34 East. Newnan, Georgia *302654320 Telephone, -747-4027 _ F: 770-254-4158
Colony West Golf Club 8
The City of Tamarac, Florida
May 21, 01
Explanation of Maintenance Agreement Options for Golf Car Bid 1 47
Yamaha Golf Company is pleased to offer The City of Tamarac and Colony' t Golf Club the following
Maintenance Agreements on 100 Yamaha YDRE Electric golf cars and two (2) Fairways lounge Beverage
vehicles:
1 Our standard service agreement includes a monthly writ by our Yamaha employed Fleet service
Technician at No Charge
2) Yamaha will extend this offer by visiting the club trice a month in Beason Months (6) and monthly visits
in off season months () at No additional charge
3) Should the club elect to have weekly service visits, the coat proud be an additional $24.00 a year per
bar.
4) Should the club elect to extend to Warrant from year 1 to cover all 4 years. .. it would be an additional
6.00 per car per year,
Approved: 0
Tammy Dee
District Manager --� East Florida
Yamaha Golf -Car Company
1,8:.18 -- Cell
Accepted:
City of Tamarac
Date:
'title:
. . . . . . . . . . YAMAHA
YA► AHA GOLF -CAR COMPANY
1000 GA Highway 34 East Newnan, Georgia • 30265-1320 Telephone: 3-747-4027 • Fax.- 770-254-4158
Colony West Golf Club &
The City of Tamarac, Florida
May 211, 2014
Certificate of Insurance Request:
With -in tern (10) working days of award of Bids Yamaha Golf Carr Company will provide a certificate of
Insurance with the limits per Bid requirements.
Tommy Dee
District Manager — East Florida
Yamaha Golf -Car Company
561.598.9518 — Cell
aim J�
i x�
J . �� -
4 7rflAHA
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 806-551-2994 FAX 714-761--7363
Ja.nuai•y 1.2013
SAMPLE NAME
STREET ADDRESS
C-1"17Y, STAT B, 1113,
Dear- YAMAHA C~'USTOMER:
Enclosed you will find the documentation for your lease of XX MODEL..
Yamaha golf cars. The docLIfTlents enclosed in the package include; the follovwing..
Master Lease Agreement
Equiptnent Schedule #5555555
Request for insurance
Certificate of Acceptance
Resale Certificate
Invoice For First Payment
Please
have these
documents signed
by an Authorized City Official and return them to me in the enclosed prepaid overnight
return
envelope.
T11e Ir1SLlrarlce f0r111 Should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase orders, please provide one with your documents. However, if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction,
We appreciate your bL[Siness and look forward to the opportunity to service your leasing needs. If you slloirld have any
questiQ11S, please give us a calf at 800-55 1 -2994.
Sincerely)
YAMAHA
Commercial Customer Finance
Commercial Customer Finance
MUNICIPAL MASTER LEASE AGREEMENT
Page 1 of 4 MLSE0906
YAMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
MASTER LEASE AGREEMENT dated January , 2013 , between YAMAHA MOTOR CORPORATION, U.S.A.,
having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor"), and
SAMPLE NAME having its principal office at
XXXX STREET XXXXXX CITY CA 90630 ("Lessee").
Lessor and Lessee hereby agree as follows:
1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the
terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto.
2_ Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on
such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule.
3. Rent. Lessee shall pay Lessor rent for the Equipment ("Rent") in the amounts and at the times set forth on the applicable Equipment
Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices
quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate
specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such
amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in
Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment
is located.
4. Selection Delive and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized
dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage
resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the
Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by
Lessee to Lessor or Dealer. Lessee shall accept. the Equipment if it meets the criteria set forth in the preceding sentence and shall execute
and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, within 7 days of the delivery of the
Equipment or the Equipment will be deemed accepted by the Lessee. For all purposes of this Lease, acceptance is conclusively established
by Lessee's execution and delivery of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to insert in each Equipment
Schedule the serial numbers and other identifying date of the Equipment.
5. Location and Ins ection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule
without Lessor's prior written consent. Lessor and its representatives shall ' have the right from time to time during business hours to enter
upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confirm Lessee's compliance with this
Lease.
6. Career, Use, and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean,
serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other
instructions received from Lessor. Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation
of any law, ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the
Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is
closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide
sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment.
7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee
relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused. During the
continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of
Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1 000,000, and casualty
insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk
acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide
for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of
any such policies. Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the
entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay
the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage to any item of
Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no
event shall Lessor a liable for any loss of profit, damage, loss, defect or failure of any item of Equipment or the time which may be required to
recover, repair, service, or replace the item of Equipment.
6. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism.
9. Title. Title to the Equipment shall at all times remain with the Lessor. Lessee acquires only the interests of Lessee expressly described
in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any
manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted
as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. Lessor is hereby authorized
by Lessee, at Lessor's expense, to cause this Master Lease, any Equipment Schedule or any statement or other instrument in respect of any
Equipment Schedule as may be required by law showing the interest of Lessor in the Equipment to be filed and Lessee hereby authorizes
Lessor or its agent to sign and execute on its behalf any and all necessary UCC-1 forms for such purpose. Lessor and Lessee hereby intend
this transaction to be a lease. In the event that for any reason it is not deemed a lease, the Lessee hereby grants Lessor a security interest in
leased property.
Page 2 of 4 MLSE0906
10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED
IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE.
11. Alterations and Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as
Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the
Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that
such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if
Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and
tear and depreciation excepted.
12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or
exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder. In the event
that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt
of Lessor's invoice therefor, an amount equal to such tax. Lessee shall collect and remit any and all sales, use, and other taxes payable in
any state, county, or city in respect of the rental or other use of the Equipment by Lessee.
13. Indemnity: Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any
and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any
way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees.
Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or
disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving
such claim.
14. Return of E-gutment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the
Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at
which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating
order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include
damaged or missing tires or wheels).
15. Defaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease:
(a) default by Lessee in the payment of any installment of rent or other charge payable by. Lessee under any Equipment Schedule
as and when the same becomes due and payable, or
(b) default by Lessee in the performance of any other material terra, covenant or condition of this Lease, any for a period of 10 days
after notice; or
(c) A petition under the Bankruptcy Code or under any other insolvency law providing for the relief of debtors shall be filed by or
against Lessee; or
(d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors
shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for
dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced; or
(e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or
(f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor
deems itself or any of the Equipment to be insecure.
16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in
such order or manner as Lessor determines, each such remedy being cumulative and not exclusive of any other remedy provided herein or
under applicable law:
(a) terminate all or any portion of the Equipment Schedules to this Lease;
(b) with or without ten*ninating this Lease, take possession of the Equipment, with or without judicial process, Lessee hereby
granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose;
(c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants
and terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees,
which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of
Lessor's enforcement of its remedies thereunder; without limiting any other damages to which Lessor may be entitled, Lessor
shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate
amount of Rent thereafter coming due for the remaining term of this Lease, plus Lessors costs and expenses of pursuing its
remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using
reasonable efforts to sell or re -lease the Equipment after repossession or from any guaranty by the Dealer or any third -party;
and
(d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as
a waiver of or limitation on such remedy or any other remedy.
17. Assignment Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the
ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment,
this Lease, or any interest of Lessee therein.
18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under
applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action
to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each
Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's
legal, valid, and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to
enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof;
and (e) interest paid on Indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U.S_ federal income tax
purposes.
Page 3 of 4 MLSE0906
19. Non. -Appropriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a
Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences,
Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last
day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the
portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (4) Lessee's other obligations and
liabilities under the Lease relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee
agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in
the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment.
Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this
section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services
performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or
for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other
functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to
permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services
performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section, Lessee agrees that prior to
the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or
otherwise acquire the use of any such other equipment or services.
20. Binding Effect; Successors and Assigns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall
inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of
Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and
delivery of this Lease and the expiration or other termination of this Lease.
21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received
only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be,
at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of
either party.
22. Governing Law. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the
laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such
state.
23. Seve rability. - In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any
reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction
shall not invalidate or render unenforceable such provision in any other jurisdiction.
24. Sign edCounter arts. The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the
signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and
any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity,
enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the
Lease bearing the stamped or manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease
ratifies all of the terms of this Lease/Agreement.
25. Article 2A. To the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A-
508 through 2A-522 of Article 2A of the Uniform Commercial Code in effect in the state designated in Section 26 below, except to the extent
that such right or remedy is expressly granted to Lessee herein.
26. Status of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced
within one year after the cause of action accrues.
27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and
Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or understandings with respect to
such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule
or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have caused this tease to be executed on the date first above written.
SAMPLE NAME
as Lessee
By:
Print Name:
Title:
YAMAHA MOTOR CORPORATION, U.S.A. as Lessor
0
Print Name:
Page 4 of 4
MLSE0906
EXHIBIT A
QUIPMFENT SC14EDULLE P SS55SSS
Dated 01 /01 /2013
1. "This Schedule covers the following property ("Equipment"):
XX MODEL G'OLF CARS
2. Location of Equipment:
BUSINESS LOCA"nON NAME.
s"rIZEET ADDIIESS
CYPRESS, CA 90630
}. The Lease term for the Ecfuipment described herein shall commence on .1 nuary Ol, 2013 and shall
consist of 60 months from the first day of the month following said date.
4. Rental payments can the Equipment shall be in the following amounts, payable on the following schedule:
60 LION*rI-ILY PAYtVIE TS IN THE AMOUNT OF S1.00 (APPLIC:ABLE TAXES TO BE BILLED).
STARTING J!1NUARY 2013 AND ENDING DECEMBER 2017. DUE THE 1ST DAY OF
THE I1ION'rl-1 AS F'OL,LC3WS
Jan-13 $1.00
Jan-14 $1.00
Feb-13 $1.00
Feb-14 $1.00
Mar-13 $1.00
Mar-14 $ 1.00
Apr-13 $1.00
Apr-14 $1.00
May-13 $1.00
May-14 $1.00
Jun-13 $1.00
Jun-14 $1.00
Jul-13 $1.00
Jul-14 $1.00
Aug-13 $1.00
Aug-14 $1.00
Sep-13 $1.00
Sep-1-4 $1.00
Oct-13 $1.00
Oct-14 $1.00
Nov-13 $1.00
Nov-14 $1.00
Dec-13 $1.00
Dec-14 $1.00
5. Interest 'Factor: X.XXX
6. Othe;r 'leans:
Jan-15 $1.00
Feb -IS $1.00
Mar-15 $1.00
Apr-15 $1.00
May-15 $1.00
Jun-15 $1.00
Sur-15 $1.00
Aug--15 $1.00
Sep-15 $1.00
Oct -is $1.00
Nov-
15 $1.00
Dec_
15 $1.00
Jan-16 $1.00
Feb-16 $1.00
Mar-16 $1.00
Apr-16 $1.00
May-16 $1.00
Jun-16 $1.00
JUI-16 $1.00
Aug-16 $1.00
Sep-16 $1.00
Oct-16 $1.00
Nov-16 $1.00
Dec-16 $1.00
Jan-17 $1.00
Feb-17 $1.00
Mar-1.7 $1.00
Apr-17 $.1.00
May-17 $1,00
Jun-17 $1.00
3ul-17 $1.00
Aug-17 $1.00
Sep-17 $1.00
Oct-17 $1.00
Nov-17 $1.00
Dec-17 $1.00
.I.,cssee
agrees
to reimburse i.;essor, who
shall
pay any assessed property taxes clue can the equipment
leased
pursuant
to Section 1-1 of the Nfaster
Lease
Agreement.
Yamaha is not obligated to perform or provide ally service, under any circumstances under the terms ofthe lease
f the Lessee. Failure by Lessee to maintain or service the egUipment consistent
agreement. Service is the responsibility o
with tare terns of the Master Lc;ase Agreement shall not relieve Lessee of the responsibilitieS under the Master Lease
Agreement.
Signed C'ountcrparts: 'l'lic parties agree thr3t this 1_.euse may be signed in counterparts. that delivery c fall executed coun(cipart ofthe
signature: page to this Lease by (irX, Lmail or other Cl4etrunrr means Shill be its el•l'e;ctrv'c a.S dcliveiy ofa manually executed counierpurt,
ailti any 1� tilurc to deliver the: original 111anu7lly executed counterpart sent by fttx, email or ether electronic means shall not alTeet the
validity, enturceabilily or binding r:ll" c:t oI'this Lease. NotNvithstanding any other provision o17this Lease. the sole original of this Lease
shall be the Lease bearing the: matILUIlly executed signature: of the Lessor, The Lessee, by making iuiy payment required under dais I..ease
ratifies all ol'the; tertus of this Lease/Aareeme:nt.
This Equipment Schedule: is issued pursuant to the Master Lease dated,
''Luse") All of the terms and conditions, representations and warranties of
and made a part hereof'as if they were expressly set forth ill this E quipment
constitutes a separate lease with respect to the Egt.ripment. described herein.
LESSEE: SAMPLE NAME
l3 Y
Signature
Name:
Type or Print
Titiee:
Januanf 01, 2013
the Lease are hereby
Schedule and this
(the
incorporated herein
I"quipment Schedule
LESSOR: YAMAIJA MOTOR CORPORATIONS U.S.A.
By .-
Name:
Vice President
Title:
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule No.
dated
(the "Lessor") and
(the "Lessee"),
January.01, 2013
January 01, 2013
SAMPLE NAME
5555565
to the Master Lease Agreement dated
between Yamaha Motor ..Corpora#.ion, U.S.A.
The Lessee hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date
shown below.
EQUIPMENT
QUANTITY TYPE/MODEL
XX MODEL GOLF CARS
SERIAL.
NUMBER
See
Attachment
ADDITIONAL CONDITIONS/SPECIAL TERMS:
NEW/USED LOCATION
NEW BUSINESS LOCATION NAME
STREET ADDRESS
CYPRESS, CA 90630
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability
of the Equipment.
SAMPLE NAME
as Lessee
0
Title:
YAMAHA MOTOR CORPORATION, U.S.A.
NAME OF INSURANCE AGENT:
ADDRESS:
PHONE:
FAX:
RE:
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax (714) 761-7363
E-MAIL: Donna_Hennessy@yamaha-motor.com
BUSINESS LOCATION NAME
The Customer has leased or will be leasing equipment from Yamaha.
January 1, 2013
Please Reference our Quote#
(Customer) Account #
The Customer is required to provide Yamaha with the following insurance coverage:
5555555
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE.
Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first
on the behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall
not be less than $1,000,000.00 combined single limit.
Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or
non -renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess
of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of
any term of the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated,
Equipment Covered:
XX MODEL NEW OR USED GOLF CARS
Equipment Location:
STREET ADDRESS
CYPRESS, CA 90630
Very Truly Yours,
SAMPLE NAME
(Name of Debtor/Lessee)
M
Title:
(Signature of Authorized Officer)
Revised 07112( f). Pate I of 4
UNII{'0101 SALES & LISE TAX CERTIFICATE .......... M U'UHJUli.ISDIC TION
`I'he below -listed Mates have indicated that this fonn of certificate is acceptable, subject to the 110tLs oil pages 2 - 4, 'Ille issuer and the
rettipient have the responsibility of det-crrni1iiikg the paper use cif tids certific"1lc a icier appli��blc laws,tin each <tx�ic, a.� theseInay Change
from time to time.
Issued to Seller: YAMAHA MOTOR CORPORATION, U.S.A.
Ad(Lmos: 6556 KATELLA AVENUE CYPRESS, CA 90630
I certify that:
is engaged as a registered
Name of Finn (Buyer): �'lro.lcsaler
Rehfiler
.Address _. __.....__._«._.__._ ......_....�....».-.._ .._.�__.«.....«� . _»_.__ __ .._... Manufachirer
.._....__....._...«.«....«.._...�.«-.._....._.«..._........_«. Scher (c::'afifbrrun)
��, 7 _ m �......_. - _.................._. Lessor (see 110tefi
L m pages 4)
_..»........_........................_....w._........»_.»«......._....___.»._.........«........._....«....._.....__....................m.»«.....—._...»....... Other (Specify)
and is registered with die below listed states and eities Within r 16oh your firm %yould deliver purchases to us and drat awry such purchases
are for wholesale, resale, ingredient., or components of a nc%v product or servikx, be rogold. Iea ed, or rented in the normal course of
biwiness. We are llt the bmk-in�'s of wholesaling, re'tadifig, mon ufactliring, leasing (rkmtuig) thc. fioucmilrg:
Descniption of Bus.1ne,1-15:_._.............................. _............................... ....................... .... ............ ................... ............... .................... I.......
General deseription of tangible property or tax-tible services'to be purcho ed fiom the seller.
State
State Regjiaration. Sellees
State State Regishation, Seller's
Permit, or ll) Number
Permit, or ID Number
of Purchaser
of Purchas ty
1*
AL
mq 4
R
NI
CO
OK
,.�
PA
ID
_
SCIR....
Ilk
_
S T)
KS,4
TNN ___....«.»......._..« ..«»»»..»».............._
KY
__ ».._.. �M.._.«.....«««...«........____.___ --.__.:.._«....«....._........._«...._ _
Ixlt1_.._....__......_..__..........«....___
ME'
Li'll
w wa.wwV..K.»agw nw w MY
i ti
mq,
w v V M\W»V1W0.N.N.« bN..vnNVNW».VNN.•NVN5NaaNYM55NN•.5•w . w. ».w 5».•.vw..••
., ....._ .....:, ... :....:....
NNNV M..WN•\.a. aS N N NN wN•VNVN»a.aa..V V Nw
_.._..............................._....................,.....,....................h..
...:....
I further ceriify that if jury properly or serviev, so pur•clul ed tag tie_x* is u:ed or col gamed by die firm as to snake it subjecA to a Sales or (Joe
Tay, we will ptry the tax clue directly to the proper taxing authority where state law so provides or infomr the seller for added tax billing.
This certificate sh,111 be a I.rart of eadl. Order which we may hei-eafter give to you, milts otherwise specified, and shall be -valid until
canceled by us in ► -ridng or revoked by the city. or state.
Under penalties of penj ury, I swear or affilirt that the irrfornrationr on tl-us form rs bale slid comd is to eery material. matter.
Alitliorizevi Signature:
19wmct.lw er.�r� �cxy:•:�s:si> ices'
Tite_..................._.««.............«._..........................»....................... ............. ».... ......... ........................ ..._.«...... «... _......... ................. «.........«...»...
Date:
PLEASE SEND YOUR PAYMENTS TO:
INVOICE NUMBER: MAN 5555555
Date Prepared. 011112013
SAMPLE NAM E
XXXX STREET
XXXXXX CITY, CA 90630
YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60689-6333
Due Date Quote No Description Amount Due
5555555 XX MODEL GOLF CARS for Lease
Cars located at: BUSINESS LOCATION NAME
011112013 Payment $1.00
Payment Tax $0.00
YOUR ACCOUNT BALANCE 1S----------------- $1.00
Please return the bottom portion with your remittance. Include the lease number on
your . check. FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT
1-800-551-2994.
.M .Y. M — a*~ ~ M- M. A " .a. &a � Y — .- tl —. — � " Ws M '00 -. M S. rr — -. r •r ~ r ~ — — r -► — 00 ~ ." M — .- -. .- o1. .- .- -.
YAMAHA
--,
Payment for:
SAMPLE NAME
XXXX STREET
XXXXXX CITY, CA 90630
5555555
Quote Number
PLEASE SEND YOUR PAYMENTS TO:
INVOICE NUMBER MAN 5555555
Date Prepared: 011112013
Amount Paid
Date Paid
YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60689-6333
Check Number
OY-AMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 SOD-551-2994 FAX 714-761-7363
January 1, 2013
SAMPLE NAME
STREET ADDRESS
CITY, STATE, ZIP,
Dear YAMAHA CUSTOMER:
Enclosed you will find the documentation for your lease of XX MODEL
Yamaha golf cars. The documents enclosed in the package include the following:
Master Lease Agreement
Equipment Schedule #5555555
Certificate of Acceptance
Invoice For First Payment
y..,
Amortization ,schedule fore, n ality
Y 7-
`. .A.
> :4
Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction.
We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any
questions, please give us a call at 800-551 -2994.
Sincerely,
YAMAHA
Commercial Customer Finance
Commercial
Omer nce........_
E AGREEMENT
SAMPLE EDITED CONTRACT FOR SUMBITTION WITH BID
Page 1 of 4
MOE 0906
4YAMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
MASTER LEASE AGREEMENT dated DATE , between YAMAHA MOTOR CORPORATION, U.S.A.,
having its principal place of business at 6566 Katella Avenue, Cypress, California 90630 ("Lessor"), and
CITY OF TAMARAC _ _ _ _ _ _ _ having Its principal office at
XXXXX2WXXXXX9XMXX1 XX XXXXX ("Lessee").
Lessor and Lessee hereby agree as follows:
1. Le,ssa of Eoulpmen�. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the NEaglgm2nl"), on the
terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto.
2. Term. The term of this lease for the Equipment described on a particular Equipment Sc
such Equipment Schedule and shall continue for the number of months indicated on such Equ
3. Ren. Lessee shall pay Lessor rent for the Equipment ("Rent") in the amounts and a
Schedule. The amount of the Rent has been determined by amortizing the purchase priS
quoted in the Request for Proposal identified on the applicable Equipment Schedule ("
specified in the applicable Equipment Schedule. Whenever any payment hereunder is not m
amount from the due date thereof to the date of such payment at the lower of Lessor's th
Lessor's Invoice to Lessee for such payment or the maximum allowable rate of.1 eat permitted by
Is located.
4. Selection. Delivery, and Acceptance. Lessee shall select the Equipment a
dealer of Lessor (the "Dealer'). . Lessor shall not be liable -for any to
available for delivery. Lessee shall inspect the Equipment to de
prepared in accordance with the RFP and any prior instruction n
Equipment if it meets the criteria set forth in the preceding s ca and sh,
Acceptance, in form and substance satisfactory to Lessor, withi s of the
accepted by the Lessee. For all purposes of this Lease.. accepta concl
Certificate of Acceptance provided by Lessor. Lessee , zes Les inse
identifying date of the Equipment.
i'ifiie �_. tN�Sd+S
5. Location. and Insoection. Lessee shall not move
without Lessor's prior written consent. Lessor and its re
upon the premises where the Equipment is located to int
Lease.
6. Care, Use, and Maintenance.
serviced, and maintained in good oper
instructions received from Lessor. Lessee us+
of any law, ordinance or go mrnental regula
Equipment when not in properly secure
closed to play, and Lesse lely responsi
sufficient and adequate el outlets and
7. Insuran„ge.
8. Storaae.,ad
9. T, Etle.
in this L
This section
manner enaj numoer on
as a claim era
by Lessee,
Equipment Sch y
Lessor or its agent to sign and
this transaction to be a lease.
leased property.
Il'commence on the date set forth on
edule.
)s set forth on the applicable Equipment
applicable Equipment (using the prices
U
i interest factor at the rate
a shall pay interest on such
or late payments specified in
of the state where the Equipment
3ry thereof direNaeeen
an authorized
from the delay ony Equipment
lint is as ordereequipped and
k1liver
sor or Dall accept the
to L or Dealer a Certificate of
of the
Equi
Equipment will be deemed
execution and delivery of a
the serial numbers and other
ins specified in the applicable Equipment Schedule
ht from time to time during business hours to enter
;'s records to confirm Lessee's compliance with this
during the term of this Lease, keep the Equipment clean,
Id rance in accordance with Lessor's manuals and other
)men permit the Equipment to be used or operated, in violation
used and operated only as golf cars. Lessee shall safely store the
)r times when the golf course on which the Equipment Is used Is
0 safekeeping. If the Equipment is electrical, Lessee shall provide
i batteries which are a part of the Equipment.
to prevent theft or damage from weather and vandalism.
s r T , th the Lessor. Lessee acquires only the interests of Lessee expressly described
ri.Le�ssee
e, an riders attached hereto. Lessee shall not remove, move, or cover over in any
shall keep all Equipment free from any marking or labeling which might be interpreted
r any party other than Lessor or anyone so claiming through Lessor. Lessor is hereby authorized
Master Lease, any Equipment Schedule or any statement or other instrument in respect of any
w showing the interest of Lessor In the Equipment to be flied and Lessee hereby authorizes
r aster
any and all necessary UCC-1 forms for such purpose. Lessor and Lessee hereby intend
that for any reason it Is not deemed a lease, the Lessee hereby grants Lessor a security Interest in
10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty, EXCEPT AS EXPRESSLY PROVIDED
IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE.
11. Alterations pnd Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as
Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the
Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof: and provided, further, that
such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if
Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and
tear and depreciation excepted.
12. Taxes. This section has been deleted.
Page 2 of 4 M LSE 0906
13. Indemnity: Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any
and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any
way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees.
Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or
disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving
such claim.
14. Return of Equipment. Upon ft termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the
Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at
which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating
order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include
damaged or missing tires or wheels).
15. pea 1. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease:
(a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule
as and when the same becomes due and payable; or 3 "
(b) default by Lessee in the performance of any other material term, covenant or con " this Lease, any for a period of 10 days
after notice; or
(c) A petition under the Bankruptcy Code or under any other insolvency law pro for the relief of debtors shall be filed by or
against Lessee; or
(d) The voluntary or Involuntary making of any assignment of a substantial portion of i is b 'e for the benefit of creditors
shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appoi el or informal proceeding for
dissolution, liquidation, settlement of claims against or winding u*`e
ffairs of Less a commenced; or
(e) Lessee shall default under any other lease or agreement betweenand Lessor or a assignees h eunder; or
(f) Lessee shall suffer a material adverse change in its financial crom the date here d as a r ereof Lessor
deems itself or any of the Equipment to be Insecure.,, ,
16. Remedies. Upon the occurrence of an Event of Default, U
such order or manner as Lessor determines, each such remedy
under applicable law: 41
terminate all or any portion of the Equipment S
with or without terminating this Lease,
granting Lessor the right and license to
proceed by appropriate court action, ei
and terms of this Lease, or to recover
which Lessor shall have sustained by r
Lessor's enforcement of ' medies tl
shall be entitled upon Defa
amount of Rent therea
remedies hereunder �(Inc
reasonable efforts to sell or N
and .
sell the El
a waiver of
17. Assignment. Neither Lei
ordinary course of business),
this Lease, " , forest of I
legal, valid,
enable Lessee
and (e) interest
purposes.
enter into a
mn such n
e any one or more owing remedies, in
;slve of any otheWrry provided herein or
ent, with or 'i dicial process, Lessee hereby
ere the Equipm s located for such purpose;
,e performance by Lessee of the applicable covenants
les or expenses, including reasonable attorneys' fees,
ovenant or covenants of this Lease, or on account of
damages to which Lessor may be entitled, Lessor
Aw all Rent then due but unpaid, plus the aggregate
gasb, plus Lessor's costs and expenses of pursuing its
minus all amounts received by Lessor after using
or from any guaranty by the Dealer or any third -party;
No delay by Lessor in pursuing any remedy shall be treated as
, or sublease (except for rentals to players as contemplated hereunder In the
�o exist any security Interest, lien, or other encumbrance on, the Equipment,
represents and warrants to Lessor that: (a) Lessee has the authority under
ase and Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action
rormance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each
been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's
ible in accordance with their terms; (d) adequate funds have been budgeted and appropriated to
rider each Equipment Schedule to this Lease during the first twelve months of the term hereof;
see held by Lessor would be excluded from Lessor's income for U.S. federal income tax
19. Non-Aooropriation of F ithstanding anything contained in this Lease to the contrary, In the event no funds or insufficient funds
are budgeted and appropri re otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a
Equipment Schedule In any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences,
Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last
day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (1) -the
portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and
liabilities under the Lease relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee
agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in
the manner set forth In the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment.
Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this
section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services
performing functions similar to the functions of the Equipment for the fiscal period In which such termination would have otherwise occurred or
for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other
functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not Intended to
permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services
Page 3 of 4 MLSE 0905
performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section, Lessee agrees that prior to
the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or
otheWse acquire the use of any such other equipment or services.
20. Binding Eff t; Suggelgorl End As -signs. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall
Inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of
Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and
delivery of this Lease and the expiration or other termination of this Lease.
21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received
only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be,
at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of
either party.
22. !Qgvgrni10.LaW. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the
laws of the State where Lessee's principal administrative offices are located without giving effect;the conflicts of laws principles of such
state.
23. Severabillty. In the event any one or more of the provisions of this Lease or any E �•t Schedule or rider hereto shall for any
reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to su diction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof, any suc Ition or une forceability in any jurisdiction
shall not invalidate or render unenforceable such provision in any other jurisdiction.
24. Sign„ed Counterparts. The parties agree that this Lease may be signed in counterparts, theAllaki
signature page to this Lease by fax, email or other electronic means shall be a,,. ective as delivery V"A
any failure to deliver the original manually executed counterpart sent by fax •` ` ` ) or other electron
enforceability or binding effect of this Lease. Notwithstanding any other provisio ' is Lease, the sol
Lease bearing the stamped or manually executed signature of the Lessor. The Le by making any
ratifies all of the terms of this Lease/Agreement a =K
25. Art1cl2 2A. To the fullest extent permitted by applicable 1
508 through 2A-522 of Article 2A of the Uniform Commercial C
that such right or remedy is expressly granted to Lessee herein.
26. Status of Limitations. Any action by Lessee aga
within one year after the cause of action accrues. 4
27. Ent re 6greemen. This Lease and all Equipmei
Lessee with respect to the subject matter hereof, and the
such subject matter except as expressly set forth herein
or rider hereto shall be effective unless it is in writing and
IN WITNESS WHEREOF, Lessor `..have cau
CITY OF TAMARAC
as
0
Print Name:
Title:
m
executed counterpart of the
ly executed counterpart, and
shall not affect the validity,
al of this shall be the
ilea 'der this Lease
and remedies 19Wrred by Sections 2A-
n Section, below, except to the extent
Lease must be commenced
constitute the entire agreement between Lessor and
Mations, warranties, or understandings with respect to
modification of this Lease or any Equipment Schedule
Print Name: KIM RUIZ
on the date first above written.
Title: VICE PRESIDENT
Page 4 of 4 MLSE 0906
EXHIBIT A
EQUIPMENT SCHEDULE # 5555555
Dated 01/01/2013
l . This Schedule covers the following property ("Equipment"):
XX MODEL, GOLF CAMS
2. Location of Equipment:
BUSINESS LOCATION NAME
STREET ADDRESS
CYPRESS, CA 90639
3. The Lease term for the Equipment described herein shall commence on January 01, 2013 _ and shall
consist of 60 months from the first day of the month following said date.
4. Rental payments on.the Equipment shalt be in the following amounts, payable on the following schedule:
60 MONTHLY PAYMENTS IN THE AMOUNT OF $1.00 (APPLICABLE TAXES TO BE BILLED).
STARTING JANUARY 2013 AND ENDING DECEMBER 2017. DUE THE 1ST DAY OF
THE MONTH AS FOLLOWS:
Jars-13 $1.00
Feb-13 $1.00
Mar-13 $1.00
Apr-13 $1.00
May-13 $1.00
JUW13 $1.00
lut-13 $1.00
Aug-13 $1,00
Sep-13 $1.00
Oct 13 $1,00
NOV-13 $1.00
Dec-13 $1.00
5. Interest Factor:
6. Other Terms:
301-14 $1.00
Feb-14 $1.00
Mar-14 $1.00
Apr-14 $1.00
May-14 $1.00
Jwt-14 $1.00
Jut-14 $1.00
Aug-14 $1.00
Sep-14 $1.00
OCt 14 $1,00
Nov 14 $1.00
Dec-14 $1.00
X.XXX %
3an-is si.00
Feb-15 $1.00
Mar-15 $1.00
Apr-15 $1.00
May -is $1.00
Jur1-15 $ 1.00
Jul -IS $1.00
Au0-15 $1.Q0
Sep•15 $1.00
Oct 15 $1.00
NOV-15 $1.00
Dec-15 $1.00
Yamaha is not obligated to perform 4
agreement. Service is the bil
with the terms of the Masr,.'Po
Agreement.
Jan-16 $1.00
Feb-16 $1.00
Mar- 16 $1.00
Apr-16 $t.00
Mary-16 $1.00
Jun-16 $1.00
Jul-16 $1.00
.fan-17 $1.00
Feb-X7 $1.00
M ' '! s1.00
17 $4.00
17: :00
Iiu1- 1.00
$1.00
$1.00
$1.00
L T .
b w Yservice, under any circumstances under the terms of the lease
the Lessee. Failure by Lessee to maintain or service the equipment consistent
petit shall not relieve Lessee of the responsibilities under the Master Lease
Signed Counterparts: The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the
signature page to this Lease by fax, email or other electronic means shall be as effective as delivery ofe manually executed counterpart,
and any failure to deliver the original manually executed counterpart sent by fax, *nail or other electronic means shall not affect the
validity, enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this tease
shall be the Lease bearing the manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease
ratifies all of the temps of this Leaw./Aereement.
This Equipment Schedule is issued pursuant to the Master Lease dated, .iaauary Ot, 2®i3_ _ _ _ _ (the
"Lease" j. All of the terms and conditions, representations and warranties of the Lease are hereby incorporated herein
and made a part hereof as if they were expressly set forth in this Equipment Schedule and this Equipment Schedule
constitutes a separate lease with respect to the Equipment described herein. '
LESSEE: SAMPLE NAME,
LESSOR: YAMAHA MOTOR CORPORATIONM, U.S.A.
By: Signature
y .
Name: Name:
Type or Print
Title: Title: Vice President
CERTIFICATE OF ACCEPTANCE
This cerrtificate is executed pursuant to Equipment Schedule No. 5565555
dated ....._.._ _ ._._.. _...._...._....___January off, 20� 3 _.. _.................._____ _._ to the Master Lease Agreement dated
January. Ol .. 2013 _ .._ _. _ between Yamaha Motor Corporation
(the "Lessor") and
(the "Lessee").
SAMPLE NAME
The Lessee hereby certifies that the Equipment set forth below, as
Equipment Schedule, has been delivered and accepted by the
shown below.
QUANTITY
EQUIPMENT
TYPEIMODEL
XX MODEL GOLF CARS
ADDITIONAL CONDITIONSISPECIAL
SERIAL
NUMBER
described in the above
mencement Date
LOCATION
BUSINESS LOCATION NAME
STREET ADDRESS
CYPRESS, CA ON30
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability
of the Equipment.
SAMPLE NAME
as Lessee
By: ..1........
Name:
Title:
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
1 3362 Momentum Piece
Chicago, IL 60689-6333
INVOICE NUMBER: MAN 5555555
Date Preparew 011112013
SAMPLE NAME
XXXX STREET
XXXXXX CITY, CA 90630
.-�',fri�lJi"�5�'I�':"aV'-+�'•>�.r+�.i�%J1+=YG`'i�:�'i�'•�rf'�'il'iri'.+p'/:'W'�:7IF'�.r� �l�:.d'�/�11'if:.Fr:t►•rl::iV`ot:.Frl:iir-.IRi"�.Af-iF'=I►..i":''riX IY�iII+.:y!� r'Br..rN=it �4`t�"`i�'.�`If'�!'r�`..y.Y.lr^.�:�•/� l✓.'�'Ar..�i
Due Date Quote No Description Amount Due
[`•:ii�..ir .C'O'.R�'r!!ihM.'as`.'d^•:y'ti':•!�.'>.t..i:�-ry'•ff+:.•i�•/T.11""X. •J►•.r''fe'..+t-A' �I'.1P:.. RK t:l'h✓�y^:Cf-_fr'..i!•,!t.wM-:5'J'.:T.O'�Y:,7^�•ai'.Q''•.i�v'G!'�P'�:df:iP':.P!i•.a�I.:4K.i►iIf/:s"Ca►. N ��i:..�•.f✓ rr:�q+...
01111,2013
5555555
"MODEL GOLF CARS
Cars located at: BUSINESS LOCATION
Payment
Payment Tax
YOUR ACCOUNT BALANCE 13 ��"0000000
li •ly^.Ir:%.4'.jfr-, '•'A .:V•400 ir.#'Air -4L' ,*F-ifW•.V, jr P'•:!>Ya�'� .tKi i}i�.�•.i�'I'e�!'.'�'r�- 10 —F X- -Aq W'O W 00
Please return the
your check. FOR
1-800-561-299411
bottom portion wit
BILLING QUESTIO
wrr�wrr wrww�rrwrrrrrrrrrrrrwrr w
YAMAHA__
Payment for:
SAMPLE !NAME
XXXX STREET
XX)O= CITY, CA 90830
%r
Include the lease number on
Commercial Customer Finance
r r r r r w M r= w w w an an i r w r r r r r r M r r r r r w �
PLEASE SEND YOUR PAYMENTS TO:
INVOICE NUMBER MAN 5555555
Date Prepared: 011112013
AT
YAMAHA. MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60659-5333
5555555 $ #
Quote Number Amount Paid Date Paid Check Number
YAMAHA
YAMAHA MOTOR CORPORATION, U.S.A.
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101Sao-551-2994 FAX 714-761-7363
January 1, 2013
SAMPLE NAME
STREET ADDRESS
CITY, STATE, ZIP,
Dear YAMAHA CUSTOMER:
Enclosed you will find the documentation for your conditional sale purchase of XX MODEL
Yamaha golf cars. The documents enclosed in the package include the following:
Conditional Sale Agreement /
Equipment Schedule #5555555
Certificate of Acceptance
Invoice For First Payment
Amortization Schedule for Munic
Non--appropriaE ,n Of funds
�a 't
._ z
_
Please have these documents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Purchase Orders, please provide one with your documents. However, if they are not required
please include a signed statement on official city letterhead stating that a purchase order will not be required for this
transaction.
We appreciate your business and look forward to the opportunity to service your financing needs. If you should have any
questions, please give us a call at 800-551-2994.
Sincerely,
YAMAHA
Commercial Customer Finance
Commercial Custom
Hance
GREEMENT
Page 1 of 4 CSA 0906
CONDITIONAL SALE AGREEMENT
CONDITIONAL SALE AGREEMENT (this "Agreement") dated as of DATE by and between Yamaha
Motor Corporation, U.S.A. (hereinafter called "Seller") having its principal office and place of business at 6555 Katella Avenue, Cypress,
California 90630 and CITY NAME
(hereinafter call "Purchaser") having its principal office and place of business at CiTY ADDRES.S,�
1. PROPERTY SOLD. In consideration of the agreement to
purchase by Purchaser and the covenants and agreements
hereinafter set forth, Seller hereby sells to purchaser all of the
tangible personal property (collectively, the "Equipment") listed on
the Equipment Schedule(s) attached hereto as Exhibit A (the
"Equipment Schedule").
2. TERM. The term of this Agreement shall commence on
the date set forth above and shall continue in effect thereafter so
long as the Equipment Schedule remains in effect.
3. PAYMENT. Purchaser shall pay to Seller, for the
Equipment during each month of the Term of the Equipment
Schedule, the monthly payment set forth in the Equipment
Schedule plus any taxes, fees, etc, associated with proper filing
and ownership by Purchaser together with any down payment
forth in the Equipment Schedule. Whenever any payment is n
made when due hereunder, Purchaser shall pay Seller interest on
such amount at the maximum allowable rate of intereat-
4.
4.1 Delivery and Acceptance of The Equipment. Pu Imel
has selected and shall take delivery of aLlhe Equipment d
from Yamaha Golf -Car Company, a Y hodzed Deale
an authorized agent. Seller shall no any toss
damage resulting from the delay or failu uipme
available for delivery. Purchaser shall ins e t to
determine that the Equipment is as repres nd
equipped or prepared I dance with any instru
given in writing by Purchaser sh ept th
Equipment if it meets th forth in t ceding
sentence and shall execute de rtiflcate of nce
With respect to each shipme Equip r all pu nf
this Agree he Equipme 'll be co accept
Purchas a earlier of ellvery icate
Accept and (li) 10 days d of ment
(unless r to such time Purche operly re d the
Equipm nd advised Seller in of same). Purchaser
authoriz r to i the Eq nt Schedule the serial
number Loft foment.
4.2 WarrantyDlsclai Wa M es. Seller warrants
to Purchaser that, so long as Pu r sh not be in default of
any of the provisions of the Equipm chedule, neither Seller nor
any assignee of Seiler will disturb haser's quiet and peaceful
possession of the Equipment.
In addition, the Equipment i d only in accordance with the
manufacturers warranty, whic may be amended or modified from
time to time only by Seller. OTHER THAN THE WARRANTY AS
REQUIRED BY LAW AND EXCEPT AS EXPRESSLY PROVIDED
ABOVE, SELLER DISCLAIMS ANY OTHER WARRANTY,
EXPRESSED OR IMPLIED, INCLUDING BUT NOT BY WAY OF
LIMITATION, THE
WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE. SELLER DISCLAIMS ANY LIABILITY
FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
OR COMMERCIAL LO SUFFERED BY CUSTOMER OR
ANY THIRD PARTY. r I ct, unfitness, loss, damage or other
condition of the E t shall relieve Purchaser of the obligation
to pay any install , der this Agreement.
Title. At the MwWince, title to the Equipment
a to Purchaser. for the prompt and complete
and performance due (whether at the stated
acceleration or oth of each an ry obligation,
eement and corn of Pil under this
h or the Equipment u uding, without
, the t and complete pa I. urchaser, as and
je an ble, whether at fated maturity, by
n or of , of all amo owing from time to time by
Seller this A nt and/or the Equipment
urchaser eller a continuing security
II of the E nd all proceeds thereof (in
rm). Seller is h authorized by Purchaser to file
nancing statements or any other documents to evidence,
perfect or enforce the security interest granted
►n, Inspection. Purchaser shall not move the
heto consent of Seller, location specified on the Equipment Schedule
!Itten which consent shall not
withheld.
SIGNMENT BY SELLER
(a) Purchaser does not have the right or power to, and shall
not, sell, transfer, assign, pledge (except for short-term rentals to
patrons in the ordinary course of business) any of the Equipment
Without the prior written consent of Seller. Any attempt to sell,
transfer, assign, pledge any of the Equipment in violation of the
foregoing shall be null and void and of no force or effect.
(b) Seller may assign its rights hereunder, whole or in part,
without Purchaser's consent. If Purchaser Is given notice of any
assignment by Seller, Purchaser agrees to pay directly to such
assignee all sums payable hereunder if so directed.
(c) Any assignment or transfer by Seller shall not materially
change Seller's duties or obligations under this Agreement.
6. TAXES AND FEES,
6.1 Taxes and Fees. Purchaser shall pay all property taxes
and sales and use tax due on the Equipment. Purchaser agrees to
Indemnify and hold harmless the Seller from and against all taxes,
fees or other charges of any nature whatsoever (together with any
related interest or penalties thereon) now or hereinafter imposed or
assessed during the term of the Equipment Schedule by any
governmental authority upon or with respect to the Equipment or
upon the ordering, purchase, sale, ownership, delivery, leasing,
possession, use, operation, return or other disposition thereof or
upon the receipts or earnings arising therefrom or upon or with
respect to the Equipment Schedule (excepting only Federal, state
and local taxes based on or measured by the net income of Seller).
Page 2 of 4 CSA 0906
7. CARE, USE AND MAINTENANCE; ALTERATIONS AND 1.2. DEFAULT. Each of the fallowing stall be an Event
ATTACHMENTS. of Default under this Agreement (each an "Event of Default"):
7.1 Care. Use and M rintenance. Purchaser (a) Failure by Purchaser to pay Seller any installment-
shall, at its sole expense, at all times during the term of the payment or other amount payable by Purchaser to Seller under this
Equipment Schedule, keep the Equipment clean, serviced and Agreement and/or the Equipment Schedule as and when the same
maintained in good operating order. repair, condition and becomes due and payable; or
appearance in accordance with Sellers manuals and other
instructions received from Seller, (b) To the extent not covered by subsection 1 2(a) above,
failure by Purchaser to comply with any term, covenant, agreement
7.2 Alterations and Aftachmonts. Purchaser may, or condition in this Agreement and/or the Equipment Schedule,
with Seliees prior written consent, make such cosmetic which failure continues for a period of 10 days after notice of such
modifications to the Equipment as Purchaser may deem desirable failure is provided by $ol Purchaser; or.
in the conduct of its business; p�roviclod. however, that such
alterations shall not dirninish the value or utility of the Equipment, or (c) Any reprres or warranty made by Purchaser in the
cause the lass of any warranty thereon or any certification Equipment 5ch Is Agreement, or in any document or
necessary for the maintenance thereof, and provided, further, that cerftste furnish ` the Seller in connection n therewith shall be
such modification shall be removable without causing damage to incorrect, false or ng in any erial respect when so made
the Equipment. orfurnished.
14:
r•Y
a, REPRESENTATIONS AND WARRANTIES OF 134 REMEDIES. Upo ccurrenc o of an Event of
PURCHASER. Purchaser hereby represents and warrants to lief llerN at its option: declare imm lately due and
Seller that with respect to the Agreement and the Equipment payab or all amounts pa rider this ent and/or
Schedule-. the Equi Schedule (whether ntou. ue or not yet
Of
whe the some shall b iately due and
a The execution, delivery and performance thereof b the �. b or to Seller, � m ed b appropriate
4 i p y. y _} �'
}.. ,..
Purchaser have been duly authorised by all necessary corpora ��A �, c ' :n or s either at law equity to enforce
action. perfo a by P er of the s and conditions of this
• Agree ndfor t " ra uia; 3) may rawer from
(bj The individual executing such was. dui authori d to do ki � t Purchas and all d ensas ire udin reasonable
g Y Y g
SO. :. ` me s, which Sell eve sustained by .reason of tho
t,rY fault or on a t of Seller's enforcement of its
(c) The Agreement and the Equipment Schedule thereunder; and/or 4) may exercise its rights as a secured
legal, valid and binding agreements of the Purchwer enfo cre rider the Uniform Commercial Code as enacted In
accordance With their respective terms. Calif aI CC'O) including, v+Wthout limitation, taking Immediate
possess the Equipment, disposing of such Equipment in
(ct) The Equipment is personal p and when subj rdanc the provisions of the UCCF and collecting for any
to use by the Purchaser will not e fixtures u levy a soft of the disposal of the Equipment by Seller
applicable law. r with all reasonable attorneys fees and costs incurred by
` Aming the disposal of such Equipment. Seller's rights and
(e) Purchaser's name as sat forth In re this nerd under this Agreement and fhea Equipment Schedule shall
e
Agreement 1s the enact leig arnet of Purchase ` . be cumulative and in addition to any fights and remedles Sall9r
may have under applicable lave and the exercise or failure to
g. DELIVERY OF T. Purchaser h Y ssumek ' "Jpxerclse any right or remedy shall not preclude der from
the full expense of turns: transit insure m the 'exercising any other right or remedy.
Seller to Purchaser's pre ery they the
Equipment. 14, MISCELLANEOUS.
1 ~14.1 No Waiver. No omission or delay by seller at any
10. Punch shaf h y time to enforce any right or remedy reserved to it, or to require
Nernni hold $al r and shy l� sign less pierformance of any of the terms, covenants or provisions hereof by
,r .
from an nrt any and rns
at a�i > rises, Purchaser at any Orne designated, shall be a waiver of any such
damage es and blr
ides (Inclu glIgence, tort and strict right or remedy to which Seller Is entitled, nor shall It In any way
liability), l tarn , arising out of :or in affect the right of Seller to enforce such previsions thereafter.
an manna n .
Y
ere election, possession,
leasing, rentln el , tlon, control, use, 14.2 Binding Nature.This Agreement and the Equipment
maintenance. transportation, sto repV delivery, return or Schedule shelf be binding upon, and shall inure to the benefit
other disposition of the Equip eluding without limitation, of Seller, Purchaser and their respective successors, 'legal
claims for injury to or death of pe nd for damage to property. representatives and assigns.
Purchaser agrees to give Seller notice of any such claim or
liabllity. 14.3 Notices. Any notice, request or other communication to
y. either party by the other as provided for herein shall be given in
11. RISK of LOSS. This section has been deletedwriting and only shall be deemed received upon the earlier of
receipt or three days after mailing if mailed postage prepaid by
regular or airrnall to Seller or Purchaser, as the case may be, at the
address for such party set forth In this Agreement or at such
changed address as may be subsequently submitted by written
notice of either party.
Page 3 of 4 CSA 0906
14.4 Severability. In the event any one or more of the
provisions of this Agreement and/or the Equipment Schedule shall
for any reason be prohibited or unenforceable in any jurisdiction,
any such provision shall, as to such jurisdiction, be ineffective to the
extent of such prohibition or unenforceability without invalidating the
remaining provisions hereof, any such prohibition or
unenforceability in any jurisdiction shall not invalidate or render
unenforceable such provision in any other jurisdiction.
14.5 Signed Counterparts. The parties agree that this
Agreement may be signed in counterparts, that delivery of an
executed counterpart of the signature page to this Agreement by
fax, email, or other electrolc means shall be as effective as delivery
of a manually executed counterpart, and any failure to deliver the
original manually executed countpart sent by fax, email or other
electronic means shall not affect the validity, Inforceablility or
binding effect of this Agreement. Notwithstanding any other
provision of this agreement the sole original of this Agreement shall
be the Agreement bearing the manuallyexecuted signature of the
Purchaser. The Purchaser , by making any payment required
under this Agreement ratifies all of the terms of this Agreement.
14.6 Registration and License. Purchaser shall
perform and pay for the titling, registration and licensing (If required
by applicable law) of any items or Equipment in the Purchaser's
name and all inspections of such items of Equipment which may be
required by any governmental authority unless such fees and tax
shall be included in the payment as shown on the Equipm
Schedule applicable to any such items of Equipment.
IN WITNESS WHEREOF, the parties hereto have
Print Name:
If Purchaser is a Corpo
WITNESS MY HAN
14.7 involuntary transfer Constitutes Default.
Except for the security interest granted to Seller under this
Agreement, Purchaser shall not create, incur, assume or suffer to
exist any mortgage, lien, pledge or other encumbrance or
attachment of any kind whatsoever upon, affecting, or with respect
to the Equipment or of Seller's interest thereunder.
14.8 Statute of Limitations. Any - action by
Purchaser against Seller for any default by Seller under this
Agreement, Including breach of warranty or indemnity, shall be
commenced within one year after any such cause of action
accrues.
14.9 Entire A
acknowledge tha
written or oral, b
Equipment, other t
Schedule and that th
contains the entire Ac
fit. Seller and Purchaser
are no agreements or understandings,
Seller and Purchaser with respect to the
set fo In and In the Equipment
em the Equipment Schedule
n Seller and Purchaser with
thereto. Neither regiment nor the Equipment
may be altered, d, terminated or discharged
writing signed b party a _.whom such
,lion, termination
iedule is hereby in
made part of this
of the day and
into
,T, as If fully set
funds
above written.
Kim Ruiz
Vice President
Title:, �.,_......,, ...,.
the following:
pany, to negotiate, execute and deliver the Conditional Sale
and the Schedule(s) thereunder and all future Schedule(s)
`Company and [Yamaha Motor Corporation, U.S.A.]; and these Agreements are binding and
le in all respects in accordance with their terms.
rate seal of the Company this day of , .
Secretary
Page 4 of 4 CSA 0906
ADDENDUM FOR
NON -APPROPRIATION OF FUNDS
Addendum to Conditional Sale Agreement dated DATE OF AGREEMENT with Equipment
Schedule Number XXXXX, between Yamaha Motor Corporation, USA (YMUS) as Financer and City of
La Porte, as Purchaser.
WHEREAS City of CITY NAME, the CITY, and YMUS wish to
provide for YMUS to release the CITY from liability under the Conditional
appropriation of funds for the second year of the agreement.
Po this Agreement to
n the event of the non-
1. Notwithstanding anything contained in the Conditional Salk ee o the contrary, in
the event no funds or insufficient funds are appropriated and budgeted or ise una ble by
any means whatsoever in any fiscal period for Payments due under the C 'ovals Ty will
immediately notify YMUS or its assignee in writing of such rrence and the o ons under
the Conditional Sale shall terminate on the last day of the period for which iations have
been received or made without penalty or expense to , e as to (i) the ports s of conditional
sale Payments for which funds shall have been ap an eted or therwise available
and (ii) CITY's other obligations and liabilities the ition le r g to, or accruing or
arising prior to, such termination. In the event ch termin n, CI o peaceably surrender
possession of the EQUIPMENT to YMUS on ate of terminate the manner set forth in
Conditional Sale Agreement hereof and S w e gal and equitable rights and remedies to
take possession of the Equipment. Notes ing going, CITY agrees (i) that it will not cancel
the Conditional Sale and the Conditional S not 'nate under the provisions of this Agreement
if any funds are appropriated to it, or by it, uisi etention or operation of the Equipment or
other equipment or services p ing fun ct r to notions of the Equipment for the fiscal
period in which such terminate ave o is urred or for the next succeeding fiscal period,
and (ii) that it will not during th Ter eve nty in the application of funds to any other
functional) similar equipment or ormin functions similar t the f
Yg o e unctions of the
Equipment. This se ' will not be ue o permit CITY to terminate the Conditional Sale in
order to purchase, t of oth acq re the use of any other equipment or services
performing functions 'la unctio the Equipment, and if the Conditional Sale terminates
pursuant to this Section TY a w du g the fiscal period immediately following the fiscal period
in which s rminatio c wl purchase, lease, rent or otherwise acquire the use of any
such of ent or
liabili
assia
PURCHASER:
CITY NAME
By:
Date:
paragraph 1 of this Agreement is invoked, YMUS will assume CITY's
p and will indemnify and hold harmless the CITY from any liability to an
YAMAHA MOTOR CORPORATION, USA,
By:
Date:
CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE # 55S5555
Dated January 0.1, 2013
1. This Schedule covers the following property ("Equipment"):
XX MODEL GOLF CARS
2. location of Equipment:
BUSINESS LOCATION NAME
STREET ADDRESS
CYPRESS, CA 90630
3. The Terms for the Equipment described herein shall commence on _._ Jannary 01, 2013
consist of ,�,..._ 60 , , months from the first day of the -month fo l lowing said date.
4. The down payment of the Equipment shall be $ s0 QQ
and shall
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
60 MONTHLY PAYMENTS IN THE AMOUNT OF $1.00 (APPLICABLE TAXES TO BE BILLED).
STARTING JANUARY 2013 AND ENDING DECEMBER 2017. DUE THE iST DAY OF THE MONTH AS FOLLOWS:
1an-13 $1.00
feb-13 $1.00
Mat-13 $1.00
Apr-13 $1.00
May,-13 $1,00
Jurv-13 $L00
U-13 $1.00
Aug-13 $1.00
Sep-13 $1.00
Oct-13 $1.00
Non►-I3 $1.00
Dec-13 $1.00
JW14 $1.00
Feb-14 $1.00
Mari614 $1.00
Apr-14 $1.00
May-14 $1.00
Jun-14 $1.00
Jut-14 $1.00
At*14 $1.00
Sep-14 $1.00
OC- 14 $1.00
Nov-14 $1.00
Oft-14 $1.00
aarn-15 $1.00
Feb -IS $1.00
Mar -is $1.00
Apr -IS $1.00
May-15 $1.40
Jun-15 $1.00
Jul -is $1.00
Aug-15 $1.00
SWIS $1.00
Od-15 $1.00
Nov -IS $1.00
DOOS $1.00
6. The final purchase price for the purchase of the
7. Other Terms:
Interest Factor: X xxx
Yamaha is not obligated to perform
responsibility of the Purchaser. Fai
Agreement shall not relieve Purc
All-lfi $1.00
Feb-16 $1.00
Mar-16 $1,00
Apr-16 $1.00
May-16 $1.00
xxi-16 $1:
Jul-16 $1.
AW16AIX
17
17,
$1,.00
.00
)u-1Too
?1'7
.00
$1,00
$1.00
17 $1.00
Dee-17 $ 1.00
of this Agreement shall be
mce, under any circumstances under the terms of this contract Service is the
to maintain or service the equipment consistent with the terms of the Master
bility udder the Master Agreement.
Signed Counterparts: The parties agree that this Agreement may be signed in counterparts, that delivery of an executed counterpart
of the signature page to this Agreement by fax, email or other electronic means shall be as effective as delivery of a manually
executed counterpart, and any failure to deliver the original manually executed counterpart sent by fax, email or other electronic
means shall not affect the validity, enforceability or binding effect of this Agreement. Notwithstanding any other provision of this
Agmement, the sole original of this Agreement shall be the Agreement bearing the manually executed signature of the Purchasor.
The Purchasor, by making any payment required under this Agreement ratifies all of the terms of this Agreement.
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated Januaa 01, 2O,,3
All of the terms and conditions, representations and wan -antics of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
SAMPLE rjAME
BY:
Signature
Name:
Type or Print
Title:
By:
Signature
Name:
Type or Print
Title: vice Presidrmt
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule # 5 HH5
dated January 01, 2013 to the Conditional Sale Agreement dated
January 01, 2013 between Yjm jh@ Motor CoW2 aticn, U19.A.
(the "Seller") and
(the "Purchaser'").
SAMPLE NAME
The Purchaser hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the
Date shown below.
QUANTITY
EQUIPMENT
TYPEIMODEL
Xx MODEL GOLF CARS
ADDITIONAL CONDITION
SERIAL
NUMBEI
Commencement
LOCATION
BUSINESS LOCATION NAME
STREET ADDRESS
CYPRESS, CA 90630
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability of
the Equipment.
AA.M,PL,E NAME
as Purchaser
By:
Name:
Title:
PLEASE SEND YOUR PAYMENTS TO: YAMAHA MOTOR CORP., U.S.A.
YAMAHA3362 Moawntum Place
Chicago, IL 60689-6333
INVOICE NUMBER: MAN 5555555
Gate Prepared: 0f/l/2013
SAMPLE NAME
XXXX STREET
XX30= WY, CA 90630
.i*d:{t:�-'i/w%`,-W--.•i-,O,ii-►IiR:!'�tro.��I:.•..sV.°r'i; s:"�s�aW 3+�' •.+II'.!'.a. i1r'JC'.Y4�'Jt'.5�:'+i' `'M,57P,xM•! 'il�. 0'0.°i?''��O':�T••�'1.'.i'I:P%u3r.'Y :i°i�!'"rL»::':+T:dM�f)'i�i�:rd✓iii'�:'el�'� }�•�}T: /l�:':d ,0. '.M:..i':i
Due Date Quote No Description Amount Due
^!��;Aa'�: •.iT'7i�!:iA:Lli:y!i::•lit:�T:.s7'+�1��rfaY:.r1y�-':�R..J�$`r�sY't�.i p'•sr:�.Yr�ri�:s3!:i►�iTS:•1•_-�;�r.��7!-�K:�A:�7�-.drti�'I:�.r',.Y. c*.:•h: ei!:�!:e!' �i'id1l��fir:4S°ed'i!�'�1:.�'.tY,::YS:th#.Jr`i,;i�,i7x�Y..I.w+Sr�:��..i w
5555555 HOC MODEL GOLF CARS for Mu_goaf Conditional Sale
Cars located at: BUSINESS LOCATION NAff9dF a..
01//2013 Payment
Payment Tax
YOUR ACCOUNT BALANCE /S
�+'.'tr.•N:ss'l�`A'p'-'#'��J�:d►�.i+•;tx•.�C!;Ar�J'�.�'SD�'.�.r :1+�'�•.If-.Y.t�.alai►:il'•;�r's��c�:-:9'=J:4:atr:•dtt,W1';{�r;r•��.
Please return the
your check. FOR
1-800-551-299416
YAMAHA
Payment for:
SAMPLE NAME
bottom portion wt
BILLING QUESTIO
XXXX STREET
MOO= CITY, CA 90630
5555555
Quote Number
r� •
0Y V11.00
9. Include the lease number on
A Commercial Customer Finance AT
PLEASE SEND YOUR PAYMENTS TO:
INVOICE NUMBER MAN 5555555
Date Prepared: 011112013
Amount Paid Date Paid
YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60689-6333
Check Number
Keith Glatz
From:
Sent:
To:
Subject:
TDee@ymmc.yamaha-motor.com
Monday, May 26, 2014 12:33 PM
Keith Glatz
Re: Request for Additional Bid Clarifications
Mr. Glatz,
Thank you for your response.
Please see reply comments in blue regarding your email questions and concerns.
I am currently traveling for the Memorial Day Holiday weekend and will not be back in my office until late
Tuesday afternoon or evening.
Could I respectfully ask until EOB Wednesday May 28, to comply and respond to your questions?
I can answer most of these but I may need until Wednesday to get an answer on all concerns.
Thanking you in advance for you consideration on an extra day.
See below comments in blue.
Regards,
Tommy Dee
District Manager — South Florida
"--.YA*A'AHA'
r,r �t:�ui�vJs.�.w'►f�s ��:�#��a�.�:�
Cell: 561.598.9518
Fax: 561.626.2505
Email: tdee@ymmc.yamaha—motor.com
Keith Glatz ----05/23/2014 04:29:52 PM ---Good Afternoon Mr. Dee, Thank you for your earlier
responses to our questions. At this point I hav
From: Keith Glatz <Keith.Glatz@tamarac.org>
To: <TDee@ymmc.yamaha—motor.com>
Date: 05/23/2014 04:29 PM
St.ibject: Request for Additional Bid Clarifications
ecPOghx:::Y.SCIXa:;�::MoeA+o-]atr..�axt6r:ow:a6000D000::: tiP::JOD0000�WOt4)::t0o00W0::i:0%GOo0P0»OCOOM+L:4^•?f:!:�f:%C+k,NCSDQ03Pk.kN.%?C9hMd0E Y%/Pqi%�.Oi%7M'li+OCIXO�:a�:h%d6eY0M10Wi7100NHi6NNF00N?:0000.%fiM;4'rlw:`v?nrfaaYamPOml:UOM:::cias20Ka}i:<4::C�Nw%O:aDWi.^01bC7Ki.M!%4:dN0o0p1"'ai:i+1NA)OUGFG1P1ClM.ONN"t:::aOPv:704Mf:::I000oot:H)IOaoaOWoew�Y.aFXa]OexcW.:C�iS00.Pk90:t:1N00N�1:%W. 7Nt:L11YPk91ghY%NIMMIIKfFFN0.l6'.91PihiMiM
Good Afternoon Mr. Dee,
1
Thank you for your earlier responses to our questions. At this point I have noted a couple of other issues for
which we need clarification, as we have delved deeper into the bid.
1. We asked for proof of insurance with your bid, and you indicated that you included that
proof, but I cannot find any evidence or an insurance certificate in your submittal to back that
up. I need proof of insurance for the levels and types of insurance detailed in Section 17 of the
Standard Terms and Conditions (except of Professional Liability, which will not be required). I
attached a memo indicating our response to the proof of insurance. I checked the box for proof
on insurance, I should have indicated an asterisk to state " see addendum to proof of insurance.
Typically, Yamaha will provide proof of insurance within 10 days of being awarded bid. This is
what we provided for being awarded The following Bids last year. City of Pompano Beach, City
of Sebastian and City of Boynton Beach for all of their fleet golf car. I can request a copy from
our leasing / director of finance and let you know how quick we can get you one, if you still
require it in addition to my attached letter in bid.
2. We have been reviewing your lease agreements, and we are unable to specifically identify an
operational lease document. Both documents include a buyout schedule based on a 60 month
agreement. While we recognize that these are samples, we want to see specific language for an
operational lease that you would actually provide to the City. Please forward an electronic copy
of the actual operating; lease document that you would provide to us for a 36 month or 48
month period. Also, are there any use restrictions on the carts in the terms of the operational
lease that are not shown in the bid, which would not apply to a capital lease? I have requested
Leasing to review your concerns and to provide the copies of specific lease to comply with your
needs. We may need until EOB Wednesday May 28, to get these documents to you. Thank you
again for considering the request for an additional day to get this to you. Our leasing contact
indicated she will be out of the office until Wednesday 28. 1 will research other staff to see if we
can get you the requested lease samples by Tuesday EOB.
3. Is your bid pricing based on providing 2014 carts? We want the latest model manufactured,
and we just want to validate what model of unit you are providing. Our bid pricing is based on
New 2015 Model. Model is "The Drive" 48 volt electric golf car and model number is YDRE.
4. Regarding the optional use carts that we may wish to lease for up to 6 months, are you
supplying new carts, or carts that are less than 1year old? If not, how old would those carts
actually be? The City's desire would be to have carts that are new, or that are less than 1 year
old provided in this situation. Typically our "Supplemental" seasonal fleet rental cars are 2-3
years old with new batteries and have been through a preventive maintenance check. I will
research the availability.
5. We noted that you made a hand-written change to the warranty for your battery by striking -
out 23,000 amp hours and hand -writing in 25,000 amp hours. Is this backed -up anywhere in
your literature or quantifiable test data, or in any other manner? Yes, our Battery Warranty is
now 25,000 amp hours and our new literature and battery warranty updates have not been
made yet. I can provide a letter or addendum, if you wish, to indicate this is now our Standard
Trojan Battery warranty, with golf cars equipped with the Trojan HydroLink watering system as
stated in your bid requirements. I will also check to see if we can have an updated warranty
page made available to you by this Wednesday May 28.
Please provide all of these additional answers to me by no later than Tuesday, May 27, 2014.
2
Thank you,
Keith Matz
Purchasing &
7525 NW 88"
ith K. Glatz, CPPO, FCPM, FCPA
Contracts Manager
Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
keith.glatz a�.tamarac.orq
www.tamarac.orq
Public Procui-ement Guiding Principles.s,
From: TDee@ymmc.yamaha-motor.com [mailto:TDee@ymmc.yamaha-motor.com
Sent: Friday, May 23, 2014 3:15 PM
To: Keith Glatz
Subject: RE: Request for Bid Clarifications
Mr. Glatz,
You should receive Certified Resolution document by Fed Ex Tuesday morning before 10:30 am.
Have a great Memorial Day weekend.
Regards,
td
Tommy Dee
Yamaha Golf Car Company
Sent with Good (www.good.coni)
-------- Original Message --------
From : Keith Glatz <Keith.Giatz cr,tamarac.org>
To: <TDeegyrnmc.yamaha-i11Qtor' com>
Cc: <CKelley� mmc.yamlaha-motor.com>
Sent on: 0 5/23 01:44 : 3 4 PM EDT
Subject: RE: Request for Bid Clarifications
KI
Thank you for your quick response.
.......... ............ .............. . ..................... ..... eith I(. Glatz, CPPO, FCPM, FCPA
Purchasing & Contracts Manager
7525 NW 88"' Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565'Fax
keith.2latz(&,tamarac.or
www.tamarac.or�
Public Procurement Guiding Principles:
Accountability, Ethics, Impartiality, Professionalism, Service &
Transparency
From: TDee@ mc.- amaha-inotor.com [mailto:TDeei
motor.com]
Sent: Friday, May 23, 2014 11:00 AM
To: Keith Glatz
mmc.vamaha-
2
Cc: CKe*lley(&,Ymmc.yamaha-motor.com
Subject: Re: Request for Bid Clarifications
Mr. Glatz,
Thank you for your email.
I was not aware of an Addendum after the initial May 6 Bid came out.
I have forwarded the request to have this document completed and sent to
you as soon as possible.
I will keep you updated.
As far as the Trojan batteries are concerned .... they are Trojan 8 Volt -
T875 Batteries that are included in our Bid for golf cars going to Colony
West GC.
Thank you
Tommy Dee
District Manager - South Florida
�tYAMAHA
Cell: 561.598.9518
Fax: 561.626.2505
Email: tdeenay'mmc.yamaha-motor.com
Keith Glatz ---05/23/2014 10:23
*643 AM --- Mr. Dee, We are
currently
evaluating
your
bid response,
and
have some issues for which
we need i
From: Keith Glatz <Keith.Glatz&tamarac.org>
To: <tdeeavmmc.vamalla-motor.com>
S
Date: 05/23/2014 10:23 AM
Subject: Request for Bid Clarifications
Mr. Dee,
We are currently evaluating your bid response, and have some issues for
which we need immediate clarification:
1. We did not see your acknowledgement of Addendum # 1 (copy
attached) in your response. Addendum # 1 added the Certified Resolution
as requirement of your bid response, and denotes who has the authority to
obligate the corporation via bids, proposals or contracts. Besides the
failure to include the Addendum, the Corporate Resolution itself was not
included. Please note the specific wording on the Addendum relating to
the failure to include a Corporate Resolution, or similar granting of
authority. We need the completed and properly executed Corporate
Resolution by no later than Tuesday.
2. We did not see the model number of the Trojan battery that you plan to
supply Wlti1 your Cill"tS. We need to know the model number at your
earliest convenience.
Thank you,
Keith Glatz
eith K. Glatz. CPPO, FCPM, FCPA
Purchasing & Contracts Manager
7525 NW 881h Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
ke1'th.alatz(&,tamarac.orv,
www.tamarac.or
Public Procurement Guiding Principles:
Accountability, Ethics, Impartiality, Professionalism, Service &
Transparency
The City of Tamarac is a public entity subject to Chapter 119 of the
Florida Statutes concerning public records. Email messages are covered
under Chapter 119 and are thus subject to public records disclosure. All
email messages sent and received are captured by our server and retained
as public records. [attachment "image001.jpg" deleted by Tommy
Dee/YMMC]
This message (including any attachments) is intended only for the use of
the individual or entity to which it is addressed and may contain
information that is non-public, proprietary, privileged, confidential, and
exempt from disclosure under applicable law or may constitute as attorney
work product. If you are not the intended recipient, you are hereby notified
that any use, dissemination, distribution, of copying of this communication
is strictly prohibited. If you have received this communication in error,
notify us immediately by telephone and (i) destroy this message if a
facsimile or (ii) delete this message immediately if this is an electronic
communication. Thank you.
The City of Tamarac is a public entity subject to Chapter 119 of the
Florida Statutes concerning public records. Email messages are covered
under Chapter 119 and are thus subject to public records disclosure. All
email messages sent and received are captured by our server and retained
1 1• 1
as
This message (including any attachments) is intended only for the use of the individual or entity to
which it is addressed and may contain information that is non-public, proprietary, privileged,
confidential, and exempt from disclosure under applicable law or may constitute as attorney wort{
product. If you are not the intended recipient, you are hereby notified that any use, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this
communication in error, notify us immediately by telephone and (i) destroy this message if a
facsimile or (ii) delete this message immediately if this is an electronic communication. Thank you.
The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes
concerning public records. Email messages are covered under Chapter 119 and are thus subject
to public records disclosure. All email messages sent and received are captured by our server
and retained as public records.
This message (including any attachments) is intended only for the use of the individual or entity to which it
is addressed and may contain information that is non --public, proprietary, privileged, confidential, and
exempt from disclosure under applicable law or may constitute as attorney work product. If you are not the
intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, notify us immediately
by telephone and (i) destroy this message if a facsimile or (ii) delete this message immediately if this is an
electronic communication. Thank you.
Keith Glatz
From: TDee@ymmc.yamaha-motor.com
Sent: Wednesday, May 28, 2014 9:04 AM
To: Keith Glatz
Cc: Stacey Stankey; Bryan Ashton
Subject: Re: Request for Additional Bid Clarifications
Attachments: Credit App Golf Car 2014.doc; 2015 Trojan Battery Warranty Statement.pdf; Municipal
Lease SAMPLE.pdf
Good morning Mr. Glatz,
You should have received the proof of insurance on Friday.
I contacted our leasing office and they sent me another copy of the municipal lease ( standard operating
lease sample)
I have attached this again for your review. It should be the same as what was included in my bid package.
I have also attached our current Battery Warranty to include the 25,000 amp hour as stated in my bid
response.
Basically this is just a sample document of what will be drafted to you once bid id awarded.
It will be revised to show actual term you decide, payments months (quarterly) as requested in bid with
start date and number of golf cars.
It could include a balloon or not, that is based on your decision. If you need further clarification on
this .... please feel free to contact Bryan Ashton or Stacey Stankey in our Leasing offices.
I have included them on this email as well.
I have also included a credit application. We just need the legal name addresses, etc. to be filled out on the
top and then signed below for the lease or lease purchase documents to be drafted.
Please contact me with any questions or concerns, and please feel free to reach out to either Stacey or
Byran.
Regards,
(See attached file: Municipal Lease SAMPLE.pdf) (See attached file: Credit App Golf Car 2014.doc) (See
attached file: 2015 Trojan Battery Warranty Statement.pdf)
Tommy Dee
District Manager - South Florida
4i�YAMAHA
Cell: 561.598.9518
Fax: 561.626.2505
Email: tdee@ymmc.yamaha-motor.com
1
Keith Glatz -----05/2312014 04:29:52 PM --- Good Afternoon Mr. Dee, Thank you for your earlier
responses to our questions. At this point i hav
From: Keith Glatz <Keith. GI atz@tam a ra c. org>
To: <TDee@ymmc.yamaha—motor.com>
Da Lc:: 05/23/2014 04:29 PM
Subject- Request for Additional Bid Clarifications
............ ............. .. ;.; ;..... :.,...�eo4>+::':a::acs::<•xssmio00::boNC0e�Y9.x•:::.::.i::.>x-::o::->:<;:za'•' o::»taaot•>A}:Y.L:•%•R4::,'F.l4..S7te4ty:c-_.8••x•S.:•:Zo9ex:oHP.f:O>FH4Y:.•nw�ob'rI3W:•rhtFo»w3 n:Os;>rh:-s;::K-rwrr.S•>:.•
.kS4t•:4:•'+lA1lM>�..iWYf•:C::il:`>:NF.Y::•"•.••;.`:�::,•mlMP,dr: nllxY.�')c9CY-a1+ofCM:-••.::..,.wC,.ST"..--:R:•�`W'ArIti'4:7•;IHY.L9::Sa•:.:'�xY::/::tX-•-,......t:f.Il-.n?I•YYblatata.::a'..G:w«.::G.Y'.4'. ..Yr'h. �uDtl:'•Yi3YY.AMx.n,-.t...:....s.......n-��.it4'94.[N31Cb t0a�S�3........i3Y40p0604i5\4•.w.MW n7a'•.:t .. ...
Good afternoon Mr. Dee,
Thank
you for your earlier responses to
our questions.
At this point I have noted a couple of other issues for
which
we need
clarification,
as we
have
delved
deeper
into the
bid.
1. We asked for proof of insurance with your bid, and you indicated that you included that
proof, but I cannot find any evidence or an insurance Certificate in your submittal to back that
up. I need proof of insurance for the levels and types of insurance detailed in Section 17 of the
Standard Terms and Conditions (except of Professional Liability, which will not be required).
2. We have been reviewing your lease agreements, and we are unable to specifically identify an
operational lease document. Both documents include a buy-out schedule based on a 50 month
agreement. While we recognize that these are samples, we want to see specific language for an
operational lease that you would actually provide to the City. Please forward an electronic copy
of the actual operating lease document that you would provide to us for a 35 month or 48
month period. Also, are there any use restrictions on the carts in the terms of the operational
lease that are not shown in the bid, which would not apply to a capital lease?
3. Is
your bid pricing
based on providing 2014 carts?
We want the latest model manufactured,
and
we just want to
validate
what
model
of unit you
are providing.
4. Regarding the optional use carts that we may wish to lease for up to 5 months, are you
supplying new carts, or carts that are less than 1 year old? If not, how old would those carts
actually be? The City's desire would be to have carts that are new, or that are less than 1 year
old provided in this situation.
5. We noted that you made a hand-written change to the warranty for your battery by striking -
out 23,000 amp hours and hand -writing in 25,000 amp hours. Is this backed -up anywhere in
your literature or quantifiable test data, or in any other manner?
Please provide all of these additional answers to me by no later than Tuesday, May 27, 2014.
Thank you,
Keith Glatz
2
" _ `i'
eith K. Glatz, CPPO, FCPM, FCPA
Purchasing & Contracts Manager
7525 NW 88th Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
keith.giatz tamarac.org
www.tamarac.org
Public Procurement Guiding Principles:
From: TDee@ymmc.yamaha-motor.com
Sent: Friday, May 23, 2014 3:15 PM
To: Keith Glatz
[mailto:TDeeOymmc.yamaha-motor.comI
Subject: RE: Request for Bid Clarifications
Mr. Glatz,
You should receive Certified Resolution document by Fed Ex Tuesday morning before 10:30 arn.
Have a great Memorial Day weekend.
Regards,
td
Tommy Dee
Yamaha Golf Car Company
Sent with Good (wwNA1. good. com)
--------- Original Message ---------
From : Keith Glatz <Ke1th.Glatz c ,tamarac.or >
To : <TDee cl l-nm c. yam aha-motor. com>
Cc: <CKelley mmc.yamaha-motor.com>
Sent on : 05/23 01:44:34 PM EDT
Subject: RE: Request for Bid Clarifications
Thank you for your quick response.
3
eitli K. Glatz, CPPO, FCPM, FCPA
Purchasing & Contracts Manager
7525 NW 88`h Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
ke i th. g,.1 atzarac.oi
www.tamarac.oi�
Public Procurement Guiding Principles:
Accountability, Ethics, Impartiality, Professionalism, Service &
Transparency
From: TDeegvi-nmc.- amaha-iiiotor.com [mailto:TDee�
motor.com]
Sent: Friday, May 23, 2014 11:00 AM
To: Keith Glatz
Cc: CKelley@y.mmc.y maha-motor.com
Subject: Re: Request for Bid Clarifications
mmc.vamaha-
2
Mr. Glatz,
Thank you for your email.
I was not aware of an Addendum after the initial May 6 Bid came out.
I have forwarded the request to have this document completed and sent to
you as soon as possible.
I will keep you updated.
As far as the Trojan batteries are concerned....they are Trojan 8 Volt -
T875 Batteries that are included in our Bid for golf cars going to Colony
West GC.
Thank you
Tommy Dee
District Manager - South Florida
Cell: 561.598.9518
Fax: 561.626.2505
Email: tdee cr,vmmc.vamaha-motor.com
Keith Glatz --- 05/23/2014 10-023:43
AM --- Mr. Dee, We are
currently
evaluating your
bid response,
and have some issues for which
we need i
From: Keith Glatz <Keith.Glatz Atamarac
To,* <tdee(a,vmmc.vainaha-motor.com>
Date: 05/23/2014 10:23 AM
Subject: Request for Bid Clarifications
•.._.. ......:. ::.: .... .,:. ...,. a.. .._K-.......... .t..5..1i !.. .. A2Y ..... .. .... .. ,.. _S, s.. ,.... ...... 2.. h+:: o.
�!... < .. }. a..+ v.., ... ....,,..........,.�. ......�.. n�6„w{.'�.'t.._.. -_ a.. _........,. a^wY toa..,.:..:.......,,:a`,�£� :..::.......;a, ..'" X.,ti,`soe3.�,e�ia.�,. �,..b.i.....,ostnstda,....i .... ...ro...t........ ,>'�.;,.,,,:.<.<... .,i:..'�. <......... .... >,..,.,':a,.:.ti„i�n`'i.�•; a...:a<m�...�k:`':.�'�"a:k::eii3'.?:i�a......::?3s?.,,a� :5xto:.a'F.bE'�R33'
5
Mr. Dee,
We are currently evaluating your bid response, and have some issues for
which we need immediate clarification:
1. We did not see your acknowledgement of Addendum # 1 (copy
attached) in your response. Addendum # 1 added the Certified Resolution
as requirement of your bid response, and denotes who has the authority to
obligate the corporation via bids, proposals or contracts. Besides the
failure to include the Addendum, the Corporate Resolution itself was not
included. Please note the specific avoiding on the Addendum relating to
the failure to include a Corporate Resolution, of similar granting of
authority. We need the completed and properly executed Corporate
Resolution by no later than Tuesday.
2. We
did not see
the model number of the Trojan battery that
you plan to
supply
with your
carts. We need to know the model
number at
your
1 a r r
earliest convenience.
Thank you,
I{eith Glatz
n..
eith K. Glatz. CPPO, FCPM, FCPA
Purchasing & Contracts Manager
7525 NW 88"' Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
keith.alatz awtai-n
R
www.tamarac.org
Public Procurement Guiding Principles:
Accountability, Ethics, Impartiality, Professionalism, Service &
Transparency.
The City of Tamarac is a public entity subject to Chapter 119 of the
Florida Statutes concerning public records. Email messages are covered
under Chapter 119 and are thus subject to public records disclosure. All
email messages sent and received are captured by our server and retained
as public records. [attachment "image001.jpg" deleted by Tommy
Dee/YMMC]
This message (including any attachments) is intended only for the use of
the individual or entity to which it is addressed and may contain
information that is non-public, proprietary, privileged, confidential, and
exempt from disclosure under applicable law or may constitute as attorney
work product. If you are not the intended recipient, you are hereby notified
that any use, dissemination, distribution, or copying of this communication
is strictly prohibited. If you have received this communication in error,
notify us immediately by telephone and (i) destroy this message if a
facsimile or (ii) delete this message immediately if this is an electronic
communication. Thank you.
The City of Tamarac is a public entity subject to Chapter 119 of the
Florida Statutes concerning public records. Email messages are covered
under Chapter 119 and are thus subject to public records disclosure. All
email messages sent and received are captured by our server and retained
as
This message (including any attachments) is intended only for the use of the individual or entity to
which it is addressed and may contain information that is non-public, proprietary, privileged,
confidential, and exempt from disclosure under applicable law or may constitute as attorney work
product. If you are not the intended recipient, you are hereby notified that any use, dissemination,
distribution, or copying of this communication is strictly prohibited. If you have received this
communication in error, notify us immediately by telephone and (i) destroy this message if a
facsimile or (ii) delete this message immediately if this is an electronic communication. Thank you.
The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes
concerning public records. Email messages are covered under Chapter 119 and are thus subject
to public records disclosure. All email messages sent and received are captured by our server
and retained as public records.
This message (including any attachments) is intended only for the use of the individual or entity to which it
is addressed and may contain information that is non-public, proprietary, privileged, confidential, and
exempt from disclosure under applicable law or may constitute as attorney work product. If you are not the
intended recipient, you are hereby notified that any use, dissemination, distribution, or copying of this
communication is strictly prohibited. If you have received this communication in error, notify us immediately
by telephone and (i) destroy this message if a facsimile or (ii) delete this message immediately if this is an
electronic communication. Thank you.
0
Keith Glatz
From: TDee@ymmc.yamaha-motor.com
Sent: Friday, May 23, 2014 11:00 AM
To: Keith Glatz
Cc: CKelley@ymmc.yamaha-motor.com
Subject: Re: Request for Bid Clarifications
Mr. Glatz,
Thank you for your email_
I was not aware of an Addendum after the initial May 6 Bid came out.
I have forwarded the request to have this document completed and sent to you as soon as possible.
I will keep you updated.
As far as the Trojan batteries are concerned.... they are Trojan 8 Volt - T875 Batteries that are included in our
Bid for golf cars going to Colony West GC.
Thank you
Tommy Dee
District Manager - South Florida
Y.AMAHA
Yl.V.Vtd1.�jFL.JJ-t...A7T CCAINt.'v�
Cell: 561.598.9518
Fax: 561.626.2505
Entail: tdeeQymtnc.yarnaha-motor.c;om
Keith C;1�rtz _--C)5:") /?014 1.0:23:43 AM ---Mr. Dees We are currently evaluating YOUr bid response. and have
some istities for which ivc need i
1"rom: Keith Glatz <Keith.Glatz a,tamarac.org>
To: <tdce@yiiiilic.yaiiialla-niotoi-.coill>
Date: 05/23/2014 10:23 AM
Suhiect: Request for Bid Clarifications
.. .. ... .. .... ... .... .... .... ..- ,., ;;. . �._. .. ..... .. ,. :.. • .,.. .t:-.Rl�. is ..+i}' ..: ::.:Gid!!iW): ::v :w.'.. r..__.: .. _.::.^.:S•.K-'tl%P:^si?:v>t.:i9CP0:PMKNiIskHNf1Y4s.,W••M:nYC.f::,:..hy4...:..MK:N.%.S1'-.:V:•NIb01d•�•:..4+::M.:.:.4:::+}-
4.?M-Oht...nAi-'•iSIOK:tlEW%WG%•!!.00%)rM.'.•,qb::%tai).10.:.M^.•::..{:.CEDWCkW00P:.•:l0.t.C4�i.♦iOCJi)CYAp'l4JOaQ�').]90Ga.�::t.�..JENfYAl7r.AiP+CA%.:.rl.J.•.WW.ON4AYOO+IO�H0.14N%�•)Q)>-..L.v4r....c.+dfkWKCJWOCC..),. .MV.<Oi]7YAOOi'.L ai�XtiJro3>!i'�:i1i:v:i'.J:iOPt?.AYwr ). r 0.0)b�'CA.t'ritiiM:i4-^.:::`. N.. JN4C)MA9wW-tiff' JChO�N±±')GCN+.
Mr. Dee,
We are currently evaluating your bid response, and have some issues for which we need immediate
clarification:
1. We did not see your acknowledgement of Addendum #1 (copy attached) in your response.
Addendum #1 added the Certified Resolution as requirement of your bid response, and denotes
who has the authority to obligate the corporation via bids, proposals or contracts. Besides the
r
failure to include the Addendum, the Corporate Resolution itself was not included. Please note
the specific wording on the Addendum relating to the failure to include a Corporate Resolution,
or similar granting of authority. We need the completed and properly executed Corporate
Resolution by no later than Tuesday.
2. We
did
not see the model
number of the
Trojan
battery
that you plan to supply with your
carts.
We
need
to know the
model
number
at your
earliest
convenience.
Thank you, ,
Keith Glatz
;Y «
n
i
ARAC��'
Purchasing & Contracts Manager
7525 NW 88t" Ave, Tamarac, FL 33321
(954) 597-3567 Voice (954) 597-3565 Fax
keith.glatz@tamarac.or�
www.tamarac.org
Public Procurement
The City of Tamarac is a public entity subject to Chapter 119 of the Florida Statutes concerning
public records. Email messages are covered under Chapter 119 and are thus subject to public
records disclosure. All email messages sent and received are captured by our server and retained as
public records. [attacl-unent "image001 Jpg" deleted by Tommy Dee/YMMC]
This message (including any attachments) is intended only for the use of the individual or entity to which it is
addressed and may contain information that is non-public, proprietary, privileged, confidential, and exempt
from disclosure under applicable law or may constitute as attorney work product. If you are not the intended
recipient, you are hereby notified that any use, dissemination, distribution, or copying of this communication is
strictly prohibited. If you have received this communication in error, notify us immediately by telephone and (i)
destroy this message if a facsimile or (H) delete this message immediately if this is an electronic
communication. Thank you.
2
MODEL: T-875 with Bayonet
VOLTAGE: 8
IMELl'�SIONS: inches O
BATTERY: Flooded/wet lead -acid battery
COLOR: Maroon (case/cover)
MATERIAL, Polypropylene
WATERING SYSTEM: Hydrolwin "Watering System
PRODUCT SPECIFICATIONS
Mow w
•
GEC 7-87S 295 117 145 147
T47S DA ?A SHEET
t o i8 . 1 , , 3 10< 1'259) 7.061 i 79i 11.1� �183) 6�a (29
A T'hi- r wrifvr of minutes -a battery ow dirk °C t when tflut'BRti`ged at a Cot'lst.'4 l tate at 801: (? 7 : C, and maintain a voltage above t IS Wcell. Capacities ate rased can W.ak pet 'f0im atlGe,
$k, F lEt i3fili�(E1r t i,Y( eH31ta^!'�tltfrS (!' }{? a #i�tl t+l' Ceif3 Clt'l1%lii YifY3*tZ S'�t'�C `.ir�.jE'.E i't i 4 Ur1 tc3f1! tz#R4' A�. .p �� k ° f0f Ihp Z tst doct t oo-,Ijour r it#s and 80 (30,C) to the `'a•��Za;tr t to �-nd rn.�tt�#.�1� � �ri�<;�c' atbt��x,
I -n--, Wir.,Ot- Capa0fi#s, iiJe ba,.sf d on j7res7ik perfoImaocti .
DfrlAE''tiS ons are bast'4 m t3;JKfurtal 0;?e. DImelv' /{am fruity VAryfAttlt,ading Oil lyrav-, of Fle'if'iow. or lefol"n.m.
D klimomgws okert fr'*im button of th•i� WAtery to the t gho—st powt rig the hattet)r •. Heights may vAiry dej*iAing on ty ll- 01 tetmsnat.
lerminal iifYisi9es s fe. Only.
ss >.3<`'4 04itt4!i t3f;<itfi3t3 lJtf%c4' ttfE?4 •d2�' �� 1t to�'+<2tll .{ and IEtest St iti� rl.f S,
CHARGINGINSTRUCTIONS
5ystern Voltage 8V 24V i 48V
........- ................. ..
Daily Charge 9.87 29.6 59.2
Fl
oat 8.80 l 26.4 .52 �
Equalize 10.33 31.0 62.0
Do not install or chs rc)e butteries in a sealed or non -ventilated CoM artMer}t. constant
vncl�*r or overcharcjjng will damage the battery and shorten its life aswith any battery.
CHARGING TEMPERATURE COMWENSAT ION
,02B VPC for every 1 O* (5.55"c) above or below 77' f: (25"C) (add .028 VPC for every
*tO,-' . (5.5 "'0 below 7M and subtract .028 VPC for every 1q'C above 771)
OPERATIONAL DATA
Opera ling Temperature Self Discharge
.........,:................ ............ .. ............
4'F to 1131F (-20"C to +45a 'Q. At temperatures 5 w: 15 per month depending ott
below 32*F (040 waintain a state of Charge storage temperature conditions.
greater than GAD,%,
TERMINAL CONFIGURAITIONS
[�i7bl:rriC�lf`d�i,�Fat�lt'i�)#�S �:i!!!t?1
1.22131)
torque volurs on -lb NO),
..
95 -r 105 (10.7 ° 1 i .9)
n>
8clr 5fxi:�
5/1 f -18
PT t11W'dp1id MW
..�.r..v•...Q.wi•i+M�K.r»W:vvnw.v�.w-�.�..fi..•HS...vn..�....wow.....��..iJ'S.?:•'w4N.fitii0..'v1.Jw
1w'''rw2vY.+•r .w.�iJ�a4\. W�Nn... ........ w-. -.�:\
%rr�tifaill lie Or ftxh :s 0nrrl)
1.5t1 (38)
Torque values in -lb l fr1)
95 105 (10.7 - 11.9)
Bolt Size
frrfffiffLlr 0'7C rri tfsmrfri rfrrr�t
Toriflo ! Values try -lid liVIN
50- 015.6-7.9)
Puce I of 2
A7411
c`
t tFi.
J
BATTERY DIMENSIONS (shown with EHPT)
.ecc .+eeo
0000o j • � .�. � e000�e
000o y' ooeo
Length
10.21
259
TROJAN T-875 PERFORMANCE
1000
f"
100
10
100
Estimation Purposes Only
1000
Tinlf.a (niiii)
ET,rowan(.
BATTERY COMPANY
Clctin ellel-gy for ltjr•,.
10000 100000
Width
7.06 !�
179
11.14
283
Height
PERCENT CAPACITY VS. TEMPERATURE
...... ......... .............. ..._ ...
120 .............. _............ ..............--- _. __. _..._.... Sfl
100 ..................... ....:.._.- -------.—
80
60
k
40
=:
20 ..... .
•20
40
30
20
10?
0
.v
_30
.40 .. .. ....... ...?... ...... ...... .. ... _.... ,..,..... .. 40
0U'n 20% 40% 60% 8007+ 100% 1201ha
fieruert-L of Available CapacitV
TRQJAN BATTERY
COMPANY WITH
QUALITY: SYSTEM
CERTIFIED BY DNV
ISO 9001:2008
Trojan batteries are available worldwide through Trojan's Master Distributor Network.
We offer outstanding technical support, provided by full-time application engineers.
For aTrojan Blaster Distributor near your
tail 800.423.6569 or + 1.562.236.3000 or visit www.trojanbattery.com
12380 Clark Street, Santa Fe Springs, CA 90670 • USA
A
a 2014 Trojan Battery Company. All rights reserved. Trojan Battery Company is not liable for damages that may result from any information provided in or omitted from this
publication, under any circumstances. Trojan Battery Company reserves the right to make adjustments to this publication at anytime, without notices or obligation. Page 2 Of 2
Please check the Trojan Battery website (tvww.trojagBattery.com) for the most up-to-date information.
T-875 I Trojan Battery Company
Page 1 of 2
Troiam
BATTERY COMPANY
About Us Products
Aerial Work Platform i access
Where to Buy Technical Support Resources Nsws Room
Floor Machirar. Golf K Utility VehiclP. ? i'+ EV Maril-le t Re(,reational Vehicle
Battery Specifications
Y-875 Deep -Cycle Flooded
Capacity Minutes
Capacity Amp -Hours Energy (kWh)
@25 Amps 295
5-Hr Rate 145 1.51
@56 Amps 117
10-Hr Rate 155
20-Hr Rate 170
100-Hr Rate 189
T-875 i Bayonet T-8751 Mester•Vent
Terminal Types
ELPT EHPT EAPT
Embedded Low Prorrde Terminal Embedded High Prorile Terminal Embedded Automobile Post
Terminal
It
Related Links
Product Specification Guide
HydroLink "' Data Sheet
User's Guide
English Chinese
Partners Sub
Renewable 1:twer.9y
Dimensions inches (mm)
Length 10.21 (259)
Width 7.06 (179)
Height 11.14 (283)
Tr;ans;2orl ategti
Weight lbs. (kg)
63 (29)
T-875 i HydmLinx
http://www.trojanbattery.com/product/t-875/ 5/23/2014
T-875 I Trojan jan Battery Company
Page 2 of 2
Technical Support
ReqL]e,St MOFe Information
Mjl".r �' 3 . Rn,
-pany nn:erves Erie it',
Related Links
G �f 8, Ut hty vehides, ;Brochlu;-C-7
P'V 5201c1h,'" c-;
Rio— '4t
!�`nergy hl-OVMQ-,
--%J; - ;:I.•%A, h I,,;. V;
i
10, 1
;�in Padc App,
"'I'l- "or;zn. valkic.-S
♦
0-*ivacy Poke
Case
Single -Point Watering Kit
n. tt T T t
:Sig 1
site ma:)
"onipany "S
http://www.trojanbattery.com/product/t-875/ 5/23/2014
EXHIBIT 4
TR 12505 - GOLF CARTS FOR COLONY WEST GOLF CLUB
4VA
nMAHA
YAMAHA MOTOR CORPORATION, U.S.A,
6555 KATELLA AVENUE CYPRESS, CALIFORNIA 90630-5101 800-551-2994 FAX 714-761-7363
January, 1, 2013
SAMPLE NAME
STREET ADDRESS
CITY, STATE, ZI.P,
Dear YAMAHA CUSTOMER:
Enclosed you will find the documentation for your lease of XX MODEL
Yamaha golf gars. The dOCLU-nen is enclosed in the package include the following:
Master Lease Agreement
Equipment Schedule #5555555
Request for Insurance
Certificate of Acceptance
Resale Certificate
Invoice I. or First Payment
Please have these dOeLl bents signed by an Authorized City Official and return them to me in the enclosed prepaid overnight
return envelope.
The insurance form should be forwarded to your insurance company and a copy returned to us with the other documentation.
If the city requires the use of Pureliase Orders, please provide one with your documents. However, if they are not required
please include a signed statement oil official city letterhead stating; that a purchase order will not be required for this
transaction.
We appreciate your business and look forward to the opportunity to service your leasing needs. If you should have any
questions, please give us a call at 800-55 I -2994.
Sincerely,
YAMAHA
Commercial Customer Finance
Commercial Customer Finance
MUNICIPAL MASTER LEASE AGREEMENT
Page 1 of 4 MLSE0906
YAMAHA MOTOR CORPORATION, U.S.A.
MASTER LEASE AGREEMENT dated January 1, 2013 , between YAMAHA MOTOR CORPORATION, U.S,A.,
having its principal place of business at 6555 Katella Avenue, Cypress, California 90630 ("Lessor'), and
SAMPLE NAME having its principal office at
XXXX STREET XXXXXX CITY CA 90630 ("Lessee")
Lessor and Lessee hereby agree as follows'.
1. Lease of Equipment. Lessor leases to Lessee the equipment described on each attached Equipment Schedule (the "Equipment"), on the
terms and conditions of this Lease, the applicable Equipment Schedule, and each rider attached hereto.
2. Term. The term of this lease for the Equipment described on a particular Equipment Schedule shall commence on the date set forth on
such Equipment Schedule and shall continue for the number of months indicated on such Equipment Schedule.
3. Rent. Lessee shall pay Lessor rent for the Equipment ("Rent") in the amounts and at the times set forth on the applicable Equipment
Schedule. The amount of the Rent has been determined by amortizing the purchase price of the applicable Equipment (using the prices
quoted in the Request for Proposal identified on the applicable Equipment Schedule ("RFP"), together with an interest factor at the rate
specified in the applicable Equipment Schedule. Whenever any payment hereunder is not made when due, Lessee shall pay interest on such
amount from the due date thereof to the date of such payment at the lower of Lessor's then prevailing rate for late payments specified in
Lessor's invoice to Lessee for such payment or the maximum allowable rate of interest permitted by the law of the state where the Equipment
is located.
4. Selection, [delivery, and Acceptance. Lessee shall select the Equipment and take delivery thereof directly from Lessor or an authorized
dealer of Lessor (the "Dealer"). All costs of delivery are the sole responsibility of Lessee. Lessor shall not be liable for any loss or damage
resulting from the delay or failure to have any Equipment available for delivery. Lessee shall inspect the Equipment to determine that the
Equipment is as ordered and has been equipped and prepared in accordance with the RFP and any prior instructions given in writing by
Lessee to Lessor or Dealer. Lessee shall accept the Equipment if it meets the criteria set forth in the preceding sentence and shall execute
and deliver to Lessor or Dealer a Certificate of Acceptance, in form and substance satisfactory to Lessor, within 7 days of the delivery of the
Equipment or the Equipment will be deemed accepted by the Lessee. For all purposes of this Lease, acceptance is conclusively established
by Lessee's execution and delivery of a Certificate of Acceptance provided by Lessor. Lessee authorizes Lessor to Insert in each Equipment
Schedule the serial numbers and other identifying date of the Equipment.
5. Location, and Inspection. Lessee shall not move the Equipment from the locations specified in the applicable Equipment Schedule
without Lessor's prior written consent. Lessor and its representatives shall have the right from time to time during business hours to enter
upon the premises where the Equipment is located to inspect the Equipment and Lessee's records to confine Lessee's compliance with this
Lease.
6. Care, Use, and Maintenance. Lessee shall, at its expense, at all times during the term of this Lease, keep the Equipment clean,
serviced, and maintained in good operating order, repair, condition, and appearance in accordance with Lessor's manuals and other
instructions received from Lessor. Lessee will not use or operate the Equipment, or permit the Equipment to be used or operated, in violation
of any law, ordinance or governmental regulations. The Equipment will be used and operated only as golf cars. Lessee shall safely store the
Equipment when not in use and properly secure it at night and such other times when the golf course on which the Equipment is used is
closed to play, and Lessee shall be solely responsible for such storage and safekeeping. If the Equipment is electrical, Lessee shall provide
sufficient and adequate electrical charging outlets and water facilities for the batteries which are a part of the Equipment.
7. Insurance. Effective upon delivery of the Equipment to Lessee and until the Equipment is returned to Lessor as provided herein, Lessee
relieves Lessor of responsibility for all risk of physical damage to or loss or destruction of all the Equipment, howsoever caused. During the
continuance of this Master Lease, Lessee shall at its own expense, cause to be carried and maintained with respect to each item of
Equipment designated in each Equipment Schedule public liability insurance in an amount of not less then $1,000,000, and casualty
insurance, in each case in amounts and against risk customarily insured against Lessee in similar equipment and, in amounts and against risk
acceptable to Lessor. All policies with respect to such insurance shall name Lessor as additional insured and as loss payee, and shall provide
for at least thirty (30) days' prior written notice by the underwriter or insurance company to Lessor in the event of cancellation or expiration of
any such policies. Lessee shall, upon request of Lessor, furnish appropriate evidence of such insurance to Lessor. Lessee shall bear the
entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever and shall not be relieved of the obligation to pay
the total of the monthly payments or any other obligation hereunder because of any such occurrence. In the event of damage to any item of
Equipment leased hereunder, Lessee, at its sole expense, shall immediately place the same in good repair and operating condition. In no
event shall Lessor a liable for any loss of profit, damage, loss, defect or failure of any item of Equipment or the time which may be required to
recover, repair, service, or replace the item of Equipment.
6. Storage. Lessee shall store the Equipment in such a manner as to prevent theft or damage from weather and vandalism.
9. Title. Title to the Equipment shall at all time,,; remain with the Lessor. Lessee acquires only the interests of Lessee expressly described
in this Lease, the applicable Equipment Schedule, and the riders attached hereto. Lessee shall not remove, move, or cover over in any
manner any serial number on the Equipment. Lessee shall keep all Equipment free from any marking or labeling which might be interpreted
as a claim of ownership thereof by Lessee or any party other than Lessor or anyone so claiming through Lessor. Lessor is hereby authorized
by Lessee, at Lessor's expense, to cause this Master Lease, any Equipment Schedule or any statement or other instrument in respect of any
Equipment Schedule as may be required by law showing the interest of Lessor in the Equipment to be filed and Lessee hereby authorizes
Lessor or its agent to sign and execute on its behalf any and all necessary UCC-1 forms for such purpose. Lessor and Lessee hereby intend
this transaction to be a lease. In the event that for any reason it is not deemed a lease, the Lessee hereby grants Lessor a security interest in
leased property.
Page 2 of 4 MLSE0906
10. Warranties. The Equipment is warranted only in accordance with the manufacturer's warranty. EXCEPT AS EXPRESSLY PROVIDED
IN THE MANUFACTURER'S WARRANTY, LESSOR DISCLAIMS ANY OTHER WARRANTY, EXPRESSED OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INTERFERENCE.
11. Alterations and Attachments. Lessee may, with Lessor's prior written consent, make such cosmetic modifications to the Equipment as
Lessee may deem desirable in the conduct of its business; provided, however, that such alterations shall not diminish the value or utility of the
Equipment, or cause the loss of any warranty thereon or any certification necessary for the maintenance thereof; and provided, further, that
such modification shall be removable without causing damage to the Equipment. Upon return of the Equipment to Lessor, Lessee shall, if
Lessor so elects, remove such modifications which have been made and shall restore the Equipment to its original condition, normal wear and
tear and depreciation excepted.
12. Taxes. Lessee shall cooperate with Lessor in all reasonable respects necessary in order for Lessor to qualify for any exemption or
exclusion from personal property tax on the equipment or sales or use tax on the leasing of the Equipment to Lessee hereunder, In the event
that any such tax becomes payable by Lessor during the term of this Lease, Lessee shall pay to Lessor as additional rent, promptly on receipt
of Lessor's invoice therefor, an amount equal to such tax. Lessee shall collect and remit any -and all sales, use, and other taxes payable in
any state, county, or city in respect of the rental or other use of the Equipment by Lessee,
13. Indemnit • Notice of Claim. Lessee shall be liable for, and hereby indemnifies Lessor and holds Lessor harmless from and against, any
and all claims, costs, expenses, damages, losses, and liabilities (including, with limitation, attorneys' fees and disbursements) arising in any
way from the gross negligence or misconduct of Lessee or Lessee's agents and independent contractors, or their respective employees.
Lessee shall give Lessor prompt written notice of any claim arising out of the possession, leasing, renting, operation, control, use, storage, or
disposition of the Equipment and shall cooperate in all reasonable respects at Lessee's expense in investigating, defending, and resolving
such claim.
14. Return of Equipment. Upon the termination of an Equipment Schedule for any reason, unless Lessee is thereupon purchasing the
Equipment from Lessor, Lessee shall make the Equipment available for inspection and pick up by Lessor or Dealer at Lessee's location at
which the Equipment was used hereunder. The Equipment shall be returned to Lessor at the termination of this Lease in the same operating
order, repair, condition, and appearance as when received by Lessee, less normal depreciation and wear and tear (which shall not include
damaged or missing tires or wheels).
15. Defaults. The occurrence of any one or more of the following events shall constitute an "Event of Default" under this Lease:
(a) default by Lessee in the payment of any installment of rent or other charge payable by Lessee under any Equipment Schedule
as and when the same becomes due and payable; or
(b) default by Lessee in the performance of any other material term, covenant or condition of this Lease, any for a period of 10 days
after notice; or
(c) A petition under the Bankruptcy Code or under any other insolvency lave providing for the relief of debtors shall be filed by or
against Lessee; or
(d) The voluntary or involuntary making of any assignment of a substantial portion of its assets by Lessee for the benefit of creditors
shall occur; a receiver or trustee for Lessee or for Lessee's assets shall be appointed; any formal or informal proceeding for
dissolution, liquidation, settlement of claims against or winding up of the affairs of Lessee shall be commenced; or
(e) Lessee shall default under any other lease or agreement between Lessee and Lessor or any of its assignees hereunder; or
(f) Lessee shall suffer a material adverse change in its financial condition from the date hereof, and as a result thereof Lessor
deems itself or any of the Equipment to be insecure.
16. Remedies. Upon the occurrence of an Event of Default, Lessor, at its option, may pursue any one or more of the following remedies, in
sLIch order or manner as Lessor determines, each such remedy being cumulative and not eXCILIsive of any other remedy provided herein or
under applicable law:
(a) terminate all or any portion of the Equipment Schedules to this Lease;
(b) with or without terminating this Lease, take possession of the Equipment, with or, without judicial process, Lessee hereby
granting Lessor the right and license to enter upon Lessee's premises where the Equipment is located for such purpose;
(c) proceed by appropriate court action, either at law or in equity, to enforce performance by Lessee of the applicable covenants
And terms of this Lease, or to recover from Lessee any and all damages or expenses, including reasonable attorneys' fees,
which Lessor shall have sustained by reason of Lessee's default in any covenant or covenants of this Lease, or on account of
Lessor's enforcement of its remedies thereunder, without limiting any other damages to which Lessor may be entitled, Lessor
shall be entitled upon an Event of Default to damages in an amount equal to all Rent then due but unpaid, plus the aggregate
amount of bent thereafter coming due for the remaining term of this Lease, plus Lessor's costs and expenses of pursuing its
remedies hereunder (including, without limitation, attorneys' fees), minus all amounts received by Lessor after using
reasonable efforts to sell or re -lease the Equipment after repossession or from any guaranty by the Dealer or any third -party;
and
(d) sell the Equipment or enter into a new lease of the Equipment. No delay by Lessor in pursuing any remedy shall be treated as
a waiver of or limitation on such remedy or any other remedy.
17. Assi nment. Neither Lessee nor Lessor shall transfer, assign, or sublease (except for rentals to players as contemplated hereunder in the
ordinary course of business), or create, incur, assume, or permit to exist any security interest, lien, or other encumbrance on, the Equipment,
this Lease, or any interest of Lessee therein.
18. Lessee's Representations and Warranties. Lessee represents and warrants to Lessor that: (a) Lessee has the authority under
applicable law to enter into and perform this Lease and each Equipment Schedule and rider hereto; (b) Lessee has taken all necessary action
to authorize its execution, delivery, and performance of this Lease and each Equipment Schedule and rider hereto; (c) the Lease and each
Equipment Schedule and rider hereto have been duly executed and delivered by an authorized signatory of Lessee and constitute Lessee's
legal, valid, and binding obligations, enforceable in accordance with their terms; (d) adequate funds have been budgeted and appropriated to
enable Lessee to make all payments required under each Equipment Schedule to this Lease during the first twelve months of the term hereof;
and (e) interest paid on indebtedness of Lessee held by Lessor would be excluded from Lessor's income for U.S. federal income tax
purposes.
Page 3 of 4 MLSE0906
19. Non-AppMriation of Funds. Notwithstanding anything contained in this Lease to the contrary, in the event no funds or insufficient funds
are budgeted and appropriated or are otherwise unavailable by any means whatsoever for Rent due under the Lease with respect to a
Equipment Schedule in any fiscal period after the period in which the term of the lease with respect to such Equipment Schedule commences,
Lessee will immediately notify Lessor in writing of such occurrence and the Lessee's obligations under the Lease shall terminate on the last
day of the fiscal period for which appropriations have been received or made without penalty or expense to Lessee, except as to (i) the
portions of Rent for which funds shall have been budgeted and appropriated or are otherwise available and (ii) Lessee's other obligations and
liabilities under the Lease relating to the period, or accruing or arising, prior to such termination. In the event of such termination, Lessee
agrees to peaceably surrender possession of the Equipment to Lessor on the date of such termination in
the manner set forth in the Lease and Lessor will have all legal and equitable rights and remedies to take possession of the Equipment.
Notwithstanding the foregoing, Lessee agrees (i) that it will not cancel the Lease and the Lease shall not terminate under the provisions of this
section if any funds are appropriated to it, or by it, for the acquisition, retention or operation of the Equipment or other equipment or services
performing functions similar to the functions of the Equipment for the fiscal period in which such termination would have otherwise occurred or
for the next succeeding fiscal period, and (ii) that it will not during the Lease term give priority in the application of funds to any other
functionally similar equipment or to services performing functions similar to the functions of the Equipment. This section is not intended to
permit Lessee to terminate the Lease in order to purchase, lease, rent or otherwise acquire the use of any other equipment or services
performing functions similar to the functions of the Equipment, and if the Lease terminates pursuant to this section, Lessee agrees that prior to
the end of the fiscal period immediately following the fiscal period in which such termination occurs, it will not so purchase, lease, rent or
otherwise acquire the use of any such other equipment or services.
20. Bindinq Effect; Successors and Assictns. This lease and each Equipment Schedule and rider hereto shall be binding upon and shall
inure to the benefit of Lessor and Lessee and their respective successors and permitted assigns. All agreements and representations of
Lessee contained in this Lease or in any document delivered pursuant hereto or in connection herewith shall survive the execution and
delivery of this Lease and the expiration or other termination of this Lease.
21. Notices. Any notice, request or other communication to either party by the other shall be given in writing and shall be deemed received
only upon the earlier of receipt or three days after mailing if mailed postage prepaid by regular mail to Lessor or Lessee, as the case may be,
at the address for such party set forth in this agreement or at such changed address as may be subsequently submitted by written notice of
either party.
22. Governin L w. This Lease and each Equipment Schedule and rider hereto shall be governed by and construed in accordance with the
laws of the State where Lessee's principal administrative offices are located without giving effect to the conflicts of laws principles of such
state.
23. Severabil„ its. In the event any one or more of the provisions of this Lease or any Equipment Schedule or rider hereto shall for any
reason be prohibited or unenforceable in any jurisdiction, any such provision shall, as to such jurisdiction, be ineffective to the extent of such
prohibition or unenforceability without invalidating the remaining provisions hereof, any such prohibition or unenforceability in any jurisdiction
shall not invalidate or render unenforceable such provision in any other jurisdiction. .
24. Signed Counter arts. The parties agree that this Lease may be signed in counterparts, that delivery of an executed counterpart of the
signature page to this Lease by fax, email or other electronic means shall be as effective as delivery of a manually executed counterpart, and
any failure to deliver the original manually executed counterpart sent by fax, email or other electronic means shall not affect the validity,
enforceability or binding effect of this Lease. Notwithstanding any other provision of this Lease, the sole original of this Lease shall be the
Lease bearing the stamped or manually executed signature of the Lessor. The Lessee, by making any payment required under this Lease
ratifies all of the terms of this Lease/Agreement.
25. Article 2A. To the fullest extent permitted by applicable law, Lessee waives any and all rights and remedies conferred by Sections 2A-
508 through 2A-522 of Article 2A of the Unifonn Commercial Code in effect in the state designated in Section 26 below, except to the extent
that such right or remedy is expressly granted to Lessee herein.
26. Status of Limitations. Any action by Lessee against Lessor or Dealer for any breach or default under this Lease must be commenced
within one year after the cause of action accrues.
27. Entire Agreement. This Lease and all Equipment Schedules and riders hereto constitute the entire agreement between Lessor and
Lessee with respect to the subject matter hereof, and there are no agreements, representations, warranties, or understandings with respect to
such subject matter except as expressly set forth herein and therein. No alternation or modification of this Lease or any Equipment Schedule
or rider hereto shall be effective unless it is in writing and signed by Lessor and Lessee.
IN WITNESS WHEREOF, Lessor and Lessee have caused this Lease to be executed on the date first above written.
SAMPLE NAME
as Lessee
Print Name:
Title:
YAMAHA MOTOR CORPORATION, U.S.A. as Lessor
By:
Print Name:
Title: --Vice P-cesident
Page 4 of 4
M LS E0906
EXHIBITA
EQUIPMENTSCHEDULE EDULT #
Dated 01/01/2013
l . 'This Schedule covers the following property ('11"quipment"):
XX MODEL GOLF CARS
2. Location of Equipment:
BUSINESS LOCATION NAME
STREETADDRESS
CYPRESS, CA 90630
3. The Lease term for the Equipment described herein shall comnience en January 01, 20I3 and sllalI
Consist of 60 months from the first day of'the month following said date.
4. Rental payments on the Equipment shall be In tilt' following anlOLIWS, payable on the following schedule:
ti0 f)t� '1`)lL ' I'.A�4'�-1 '�"I'S INTHE :��1Of r'l' t�)± t.OU (APPLICABLE
'I AXES TO BE KILLED).
STARTING JANUARY 2013 AND ENDING DECE IBER 2017. DIJE THE IST DAB' CND
THE IMO1�''i'H AS F'O).lt.j0WS:
Jan-13 $1.00
)ars-14 $1.00
Jan-15 $1.00
Feb-13 $1.00
Feb-14 $1.00
Feb-15 $1.00
Mar-13 $1.00
Mar-14 $1.00
Mar-15 $1.00
Apr-13 $1.00
Apr-14 $1. 00
Apr-15 $1.00
May-13 $1.00
May-14 $1.00
May-15 $1.00
Jun-13 $1.00
Jun-14 $1.00
Jun-15 $1.00
Jul-13 $1.00
Jul-14 $1.00
JUi-15 $1.00
Aug-13 $1.00
Au9-14 $1.00
Aug-15 $1.00
Sep-13 $1.00
Sep-14 $1.00
Sep-15 $1.00
Oct-13 $1.00
Ott-14 $1.00
Oct-15 $1.00
Nov-13 $1.00
Nov-14 $1.00
Nov-15 $1.00
Dec-13 $1.00
Dec-14 $1.00
Dec-1.5 $1.00
5. Interest 1"(actor:
X.XXX tf,,
h. 0tile r Terills:
Jan-16 $1.00
Feb-16 $1.00
Mar-16 $1.00
Apr-16 $1.00
May-16 $1,00
Jun-16 $1.00
Jul-16 $1.00
Aug-16 $1.00
Sep-16 $1.00
Oct-16 $1.00
Nov-16 $1.00
Dec-16 $1.. a0
3an-17 $1.00
Feb-17 $1.00
Mar-47 $1,00
Apr-17 $1.00
May-17 $1..00
Jun-17 $1.00
J Lot-17 $1. 00
Aug-17 $1.00
Sep-17 $1.00
Ott-17 $1.00
Nov-17 $1.00
Dec-17 $1.00
t,.essee agrees to reimburse Lessor, who shaall pay mly assessed property taxes dtte on the equipment
lensed pursuant. to Section 1.2. of the Nkf aster Lease: AU ret~ment.
Y�itmiha is riot oblig0ted to perform or provide any service, under t(ily cireunistances under the terms ofthe lease
agreement. Service is the responsibility ofthe Lessee. Failure by Lessee to maintilin or service the equipment consistent
with the temis of the: Master Lease Agreement shall not relieve Lessee of the responsibilities under the Master Lease
Agre-etl ent.
Signed ("ounterparts: 1"he parties agree thiat this I erase may be signed in c,omilerpttrts, Ili -at. dcliv-ery cif tin executed coujiml)(arl orthe
signature pate to (his, I. erase by fax. email car other clecIR ttic means shall bc as e#lec-tive as delivc iy ora munw3lly executed'~ocinierpart,
H11d tidy 111ilure to deliver the original 111si111011y CXMIted COWiterpart sent by t'tix, email or either electronic means shall not aticc;t (lie
validity, enliweeabiltty or binding eMc:t ol'this Lease. Notwithstanding any ether provi son ol'this L.c.fse, the sole original of this Lease
shall be the Lease lmarirlt the inanutilly executed signatt.tre of Elie t...essor. The l._.essec, by making fitly payment required under this Lease
ratifies all ol'the terms of -this Lease/Aerrcment.
-I-llis Equipment. Schedule is issued pursuant to the Master Lease dated,
"Lease"), All or the terms and conditions, representations and Nvarrall ties of
and made a part hereof as if they were expressly set forth in this I:"quipment
constitutes a separate lease with respect to the Equipment described herein.
LESSEE.- SAMPLE NA►1°1 I
By
S i gntt ttlre
Name:
Type Or Print
Jammu 01, 2013
the [.,ease are hereby
Schedule and this
(.the
incorporated herein
Equipment Schedule
LESSOR: YAMAHA MOTOR CORPORATION, U.S.A.
By:
Name:
Vice President
'title: Title:
CERTIFICATE OF ACCEPTANCE
This certificate is executed pursuant to Equipment Schedule No.
dated
(the "Lessor") and
(the "Lessee").
January01, 2413
January 01, 2013
SAMPLE NAME
between
5555556
to the Master Lease Agreement dated
Yamaha Motor Corporation, U.S.A.
The Lessee hereby certifies that the Equipment set forth below, as also described in the above
Equipment Schedule, has been delivered and accepted by the Lessee on the Commencement Date
shown below.
EQUIPMENT SERIAL
QUANTITY TYPE/MODEL NUMBER NEW/USED LOCATION
XX MODEL GOLF CARS SEe NEW BUSINESS LOCATION NAME
Attachment STREET ADDRESS
CYPRESS, CA 90630
ADDITIONAL CONDITIONS/SPECIAL TERMS:
Please return this certificate as your acknowledgment of the above Commencement Date and acceptability
of the Equipment.
SAMPLE NAME
as Lessee
0
Name:
Title:
YAMAHA MOTOR CORPORATION, U.S.A.
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax (714) 761-7363
E-MAIL: Donna,Hennessy@yamaha-motor.com
NAME OF INSURANCE AGENT:
ADDRESS:
PHONE:
�A
RE: BUSINESS LOCA'1"ION NAME
The Customer has leased or will be leasing equipment from Yamaha.
January 1, 2013
Please Reference our Quote#
(Customer) Account #
The Customer is required to provide Yamaha with the following insurance coverage:
5555555
"All Risk" Property Insurance covering the property owned by or in which Yamaha has a security interest, in an
amount not less than the full replacement cost of the property, with Yamaha named as LOSS PAYEE.
Public Liability Insurance naming Yamaha as an ADDITIONAL INSURED with the proceeds to be payable first
on the behalf of Yamaha to the extent of its liability, if any. The amount of the Public Liability Insurance shall
not be less than $1,000,000.00 combined single limit.
Each policy shall provide that: (i) Yamaha will be given not less than thirty (30) days prior written notice of cancellation or
non -renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess
of the policy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of
any term of the policy or the Customer's application therefore.
A Certificate evidencing such coverage should be mailed to Yamaha at the following address.
Yamaha Motor Corporation, U.S.A.
Attn: Commercial Customer Finance
6555 Katella Ave
Cypress, CA 90630
Your Prompt attention will be appreciated.
Equipment Covered:
XX MODEL NEW OR USED GOLF CARS
Equipment Location:
STREET ADDRESS
Very Truly Yours,
SAMPLE NAME
CYPRESS, CA 90630 Title:
(Name of Debtor/Lessee)
(Signature of Authorized Officer)
Remised 07f2(lOf). Nge 1 of 4
UNIFORM SALES & USETAX AX C EIZTIFICA"I'E... MU1,I.1JURMIC:'TION
The Mot-4r-listed states- have in(licated drat thin foie of evi-fific ace is acceptable, subjoct to die notes on page .4 2 Pie isstier and the
recipleil.t have: the rospo isibility ofdotcrnlining the proper use of dl s certificate under applicable fi-i s 111 each z-tate, as, these may change
from ti.lile to linte.
f{sued to Seller: YAMAHA MOTOR CORPORATION, U.S.A.
Ad&css: 6656 KATELLA AVENUE CYPRESS, CA 90630
I cerfi:ifk' thtit:
Nmne of I1'Inn fflt�ver):
Address
is engaged as a registered
Wholesaler
Retailer
Maliufacnirer
Seller (Califion ia)
T,vssor (see notes
-in pi
lZes 2 . 4)
Oilier (Specify)
and is registei-ed %%ith the below hilted states and cities within which your firm %yould deliver purchwes to us and that any such purchases
are fi}r �i�holc�•i�Ie, resale; iJlgred1e11tti t-)r components of a 1tew prodilet or .rei�'I l to be ms-old. leaned, or rented in the 1ie�nmd course of
bucillc s, We: are llt die b11si1ims ofii'IioIeSfilitlg, retfliling, mnlu hicturine, leasing (ren ing) the tL1Uo%%,injg-
Descilpfloti ofBtl.,-iiless:
General deseription (iftarigible property or taxable services. to be purehit�,.-1 trom the seller:
State State Registraholl, Selle ei:
Permit, car ID Numbar
of Rirchaser
AR
AZ
co
co
r J
I)C *
FL
GA '
LA
KS
State
i?
O
NE
NV
NJ
�N_ M
„C. 4:t
ND
OH*1�',
OK
PA
z7
RI,:
s c It
..3
SD
TN
f.,x
19
,.
UT
VT
ek,
WYA
Wl.: .
State Regish-ation, Seller`s
f'errrlit, or ID dumber
of Purch.aser-
I Further (xi-firy that i1Tiny property or service so purchased tax 1M-- is used or consumed by the firm as to make it subjwt to a Spiles or Use
Tu we will pay the tt>x due directly to the prayer tlixing atithority whm state lair so provide-,-, or infoun the:, seller fir added tax. billing.
'1"his cerfifkcite illal.l be a imeeov�rafpve to you. ind.ess otherwise specifie(l and sh.al.l be mal.id until
etuteeled by us in waiting or revoked by (tie city or state.
Un(ler pci1r11tie• of peljui I mrew- or aff nu that the information on this 1'Orm is bve mid correct as to, trvery material matter
Audwrized Signature:
Title:
SAMPLE NAME
XXXX STREET
XXXXXX CITY, CA 90630
Due Date
011112013
Quote No
5555555
PLEASE SEND YOUR PAYMENTS TO:
YAMAHA MOTOR CORP.,. U.S.A.
3362 Momentum Place
Chicago, IL 60689.6333
INVOICE NUMBER: MAN 5555555
Date Prepared:011112013
Description
XX MODEL GOLF CARS
Amount Due
for Lease
Cars located at: BUSINESS LOCATION NAME
Payment
Payment Tax
YOUR ACCOUNT BALANCE IS - ►--------------w
$1.0a
$0.00
$1.00
Please return the bottom portion with your remittance. Include the lease number on
your
/� check, FOR BILLING QUESTIONS, CALL YAMAHA Commercial Customer Finance AT
1-800-55j-2994.
r r w r w MY .N. 1M► NN MN 41w Mr r ...� w .r .M. w NM - M M - M - r r - - - Y1 wY w r r. r .Y r r ... - - - - - - - r - - - - r - - - W - r Y - -
YAMAHA �
Payrnetit for:
SAMPLE NAME
XXXX STREET
XXXXXX CITY, CA 90630
PLEASE SEND YOUR PAYMENTS TO:
INVOICE NUMBER MAN 5556655
Date Prepared: 011112013
5555555 $
Quote Number Amount Paid Date Pain
YAMAHA MOTOR CORP., U.S.A.
3362 Momentum Place
Chicago, IL 60689-5333
Check Number