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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