HomeMy WebLinkAboutContract 37205 OVA
InMAHA
March 14, 2008
City of Fort Worth
4200 South Freeway, Suite #2200
Fort Worth, TX 76115
Re: PURCHASE ORDER—Equipment Schedule #90475 / 90478 / 90476
Dear Lessee:
We are required to have a Purchase Order on file when doing a Municipal transaction.
Please provide a copy of your Purchase Order with your signed documents. If your
organization does not issue Purchase Orders then please indicate this by including with
the signed documents a letter on company letterhead stating that no purchase order will
be issued on this contract.
Thank you for your help in this matter.
Sincerely,
Stacey L. Stankey
Assistant Department Manager
Yamaha Motor Corp.
w
r. ~j€_CRETARY�
Page 1 of 3 ,�, �, 31LDL CSA0906
T NO.
CONDITIONAL SALE AGREEMENT
CONDITIONAL SALE AGREEMENT dated as of March 14,2008 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 OF FORT WORTH (hereinafter call"Purchaser") having its principal office and place of business at 4200 South Freeway, Suite
#2200, Fort Worth,TX 76115
1. PROPERTY SOLD. In consideration of the In addition, Equipment is warranted only in accordance with
agreement to purchase by Purchaser and the covenants and the manufacturer's warranty,
agreements hereinafter set forth, Seller hereby sells to
purchaser all of the tangible personal property listed on the 44414RA1,IT.. AC o=^I IRED B* I n0A, ARID CV('CDT AC
V r]oC C PROVIDEDABOVC QCI 1 =12 n1Ql-I nP.46 ANY
Equipment Schedule executed pursuant to this Agreement ��E n ABOVE,__, F3E��
(with respect to any Equipment Schedule, hereinafter called WARRArl IAA
the"Equipment"). ING6U IP! BUT NT1* WOX—Q:-61MITATIOPi- -11E
WARRAAITICC OF AIFiRG IANTA-BII ITV AND CITAICCC C/l�
2. TERM. The term of this Agreement shall commence ��.-TIG-4R P-t# = 9-1 — A.
on the date set forth above and shall continue in effect QIIPQR In TAI OR
F
thereafter so long as the Equipment Schedule entered into (/1AIQC^11CAITIAI nA\ANG-6 no �^AAAn=oGlnl 1 ^8-&-S
pursuant to this Agreement remains in effect. CI FFFmREn _v GI ICTf1A No
3. PAYMENT. Purchaser shall pay to Seller, for the defect, unfitness, loss, damage or other condition of the
equipment during each month of the Term of the Equipment Equipment shall relieve Purchaser of the obligation to pay any
Schedule, the monthly payment set forth in the Equipment installment under this Agreement.
Schedule plus any taxes, fees, etc. associated with proper 5. TITLE AND ASSIGNMENT.
filings and ownership by Purchaser together with any down
payment which shall be referred to any such Equipment 5.1 Title. At the time of execution, title in the subject
Schedule. Whenever any payment is not made when due Equipment listed in the Equipment Schedule shall pass to
hereunder, Purchaser shall pay interest on such amount at the Purchaser. Seller shall retain a lien on the Equipment listed in
maximum allowable rate of interest permitted by the law of the the Equipment Schedule until such time as all payments to be
state where the equipment is located (the "overdue rate") to made under the Equipment Schedule are conveyed to Seller.
the date of payment amount,whichever is less. Such Equipment shall be held by Purchaser as security for the
debt to Seller until all amounts due Seller by Purchaser are
4. DELIVERY AND ACCEPTANCE; WARRANTY AND paid in full. Seller is hereby authorized by Purchaser, at
DISCLAIMER OF WARRANTIES. Seller's Expense, to cause this Equipment Schedule or any
4.1 Delivery and Acceptance of Golf Cars. Purchaser statement or other instrument in respect of the Equipment
shall select and take delivery of all Equipment leased Schedule as may be required by law showing the interest of
hereunder directly from Yamaha, a Yamaha Authorized Purchaser or any of its assignees in the Equipment to be filed
Dealer, or authorized agent(the"Dealer"). and Purchaser hereby authorizes Seller or its agent or assigns
are the sale FespensiNlity of Rure-hase.. Seller shall not be to sign and execute on its behalf any and all necessary UCC-1
liable for any loss or damage resulting from the delay or failure forms for such purpose.
to have any Equipment available for delivery. Purchaser shall 5.2 Location, Inspection. Purchaser shall not move the
inspect the Equipment to determine that the Equipment is as Equipment from the location specified on the Equipment
represented and has been equipped or prepared in Schedule without the prior written consent of Seller, which
accordance with any prior instructions given in writing by consent shall not be unreasonably withheld.
Purchaser. Purchaser shall accept the Equipment if it meets
the criteria set forth in the preceding sentence and shall 5.3 Assignment by Seller.
execute and deliver a Certificate of Acceptance with respect to (a) Purchaser shall not sell, transfer, assign, pledge or
each shipment of Equipment. For all purposes of this (except for short-term rentals to golf course patrons in the
Agreement, the Equipment will be considered accepted upon ordinary course of business) the Equipment without the prior
execution of the Certificate of Acceptance. Purchaser written consent of Seller.
authorized Seller to insert in the Equipment Schedule the
serial number and other identifying data of the Equipment. (b) Seller may not assign its rights hereunder, �a
4.2 Warranty and Disclaimer of Warranties. Seller tom, without Purchaser's consent.
warrants to Purchaser that, so long as Purchaser shall not be
in default of any of the provisions of the applicable Equipment
Schedule, neither Seller nor any assignee of Seller will disturb=
Purchaser's quiet and peaceful possession of the Equipment. - (c)
Page 2 of 3 CSA0906
6. TAXES AND FEES.
6.1 Taxes and Fees.Purchaser shall take title to
equipment on delivery and shall be responsible for all property,
sales and use taxes or similar charges or fees(if any)that may
be due from a title holder of the equipment or that may be
imposed or assessed on or against a title holder of the
equipment by any governmental authority at anytime. At no
point shall Seller have title to the equipment, nor shall Seller
bear liability or responsibility for any tax or similar charge or
fee imposed or assessed on or against a title holder of the 11. RISK OF LOSS. Seller and Purchaser agree
equipment. In the event Seller is required to pay any tax or Purchaser shall bear the entire risk of loss,theft, destruction or
similar charge or fee due from Seller as title holder, Purchaser damage to the vehicles from any cause whatsoever and shall
agrees to reimburse, indemnify, and hold harmless Seller from not be relieved of the obligation to pay the total of the monthly
and against all such taxes, fees or other similar chargees payments or any other obligation hereunder because of any
(together with any related interest or penalties thereon). such occurrence. Purchaser future agrees to insure
Equipment for full value and to cause Buyers insurance carrier
7. CARE, USE AND MAINTENANCE; ALTERATIONS to provide Seller with loss payee certificate of insurance.
AND ATTACHMENTS.
12. DEFAULT. The occurrence of any one or more
7.1 Care, Use and Maintenance. of the following events (herein called "Events of Default") shall
Purchaser shall, at its sole expense, at all times constitute a default under the Equipment Schedule:
during the term of the Equipment Schedule, keep the
Equipment clean, serviced and maintained in good operating (a) Default by Purchaser the payment of any installment
order, repair, condition and appearance in accordance with or other charge payable by Purchaser under the Equipment
Seller's manuals and other instructions received from Seller. Schedule as and when the same becomes due and payable;
or
7.2 Alterations and Attachments. Purchaser
may, with Seller's prior written consent, make such cosmetic (b) Default by Purchaser in the performance of any other
modifications to the Equipment as Purchaser may deem material term, covenant or condition of the Equipment
desirable in the conduct of its business; provided, however, Schedule or the inaccuracy in any material respect of any
that such alterations shall not diminish the value or utility of the representation or warranty made by the Purchaser in the
Equipment, or cause the loss of any warranty thereon or any Equipment Schedule, this Agreement, or in any document or
certification necessary for the maintenance thereof, and certificate furnished to the Seller in connection therewith,
provided, further, that such modification shall be removable which default or inaccuracy shall continue for a period of 10
without causing damage to the Equipment. days after notice.
8. REPRESENTATIONS AND WARRANTIES OF 13. REMEDIES. Upon the occurrence of any one or
PURCHASER. Purchaser hereby represents that with more Events of Default, Seller, at its option: 1) may proceed
respect to the Agreement and Equipment Schedule: by appropriate court action or actions either at law or in equity
to enforce performance by Purchaser of the applicable
(a) The execution, delivery and performance thereof by covenants and terms of the applicable Equipment Schedule,or
the Purchaser have been duly authorized by all necessary to recover from Purchaser any and all damages or expenses,
corporate action. including reasonable attorney's fees, which Seller shall have
sustained by reason of Purchaser's default in any covenant or
(b) The individual executing such was duly authorized to covenants of the applicable Equipment Schedule or on$.
do so. account of Seller's enforcement of its remedies thereunder; or
2) retake immediate possession of the Equipment, dispose of
(c) The Agreement and the Equipment Schedule such Equipment in accordance with the provisi .1 the
constitute legal, valid and binding agreements of the Uniform Commercial Code as enacted in � eb6� and
Purchaser enforceable in accordance with their respective collect for any deficiency as a result of the disposal of t
terms. Equipment by Seller together with all reasonable attorneys
fees and costs incurred by Seller during the disposal of such
(d) The Equipment is personal property and when merchandise.
subjected to use by the Purchaser will not be or become 14. MISCELLANEOUS.
fixtures under�plicable law.
9. DELIVl�',Y OF EQUIPMENT. —P 14.1 No Waiver. No omission or delay by Seller at
e expens any time to enforce any right or remedy reserved to it, or to
ins ises and delivery require performance of any of the terms, covenants or
en . TIAC Qb*c"AW 6- P IwLuki provisions hereof by Purchaser at any time designated, shall
R. � n 4El ivi` N .a_waiver of any such right or remedy to which Seller is
10. Ar, hwoentitled, no shall it in any way affect the right of Seller to
enforce such provisions thereafter.
and a" elaims, eests, expenses
;i s
Page 3 of 3 CSAO9O6
14.2 Binding Nature. The Equipment Schedule shall be Purchaser's name and all inspections of such items of
binding upon, and shall inure to the benefit of Seller, Equipment which may be required by any governmental
Purchaser and their respective successors, legal authority unless such fees and taxes shall be included in the
representatives and assigns. payment as shown on the Equipment Schedule applicable to
any such items of Equipment.
14.3 Notices.Any notice, request or other communication
to either party by the other as provided for herein shall be 14.7 Involuntary transfer Constitutes Default.
given in writing and only shall be deemed received upon the Purchaser shall not create, incur, assume or suffer to exist any
earlier of receipt or three days after mailing if mailed postage mortgage, lien, pledge or other encumbrance or attachment of
prepaid by regular or airmail to Seller or Purchaser, as the any kind whatsoever upon, affecting, or with respect to the
case may be, at the address for such party set forth in this Equipment or of Seller's interest thereunder.
Agreement or at such changed address as may be
subsequently submitted by written notice of either party. 14.8 Statute of Limitations. Any action by
Purchaser against Seller for any default by Seller under this
14.4 Severability. In the event any one or more of the Agreement, including breach of warranty or indemnity, shall be
provisions of this Agreement and/or the Equipment Schedule commenced within one year after any such cause of action
shall for any reason be prohibited or unenforceable in any accrues.
jurisdiction, any such provision shall, as to such jurisdiction,be
ineffective to the extent of such prohibition or unenforceability 14.9 Entire Agreement. Seller and Purchaser
without invalidating the remaining provisions hereof, any such acknowledge that there are no agreements or understandings,
prohibition or unenforceability in any jurisdiction shall not written or oral, between Seller and Purchaser with respect to
invalidate or render unenforceable such provision in any other the Equipment, other then as set forth herein and in each
jurisdiction. Equipment Schedule and that this Agreement and the
Equipment Schedule contains the entire Agreement between
14.5 Counterparts. This Agreement and the Equipment Seller and Purchaser with respect thereto. Neither this
Schedule may be executed in any number of counterparts, Agreement nor the Equipment Schedule may be altered,
each of which shall be deemed an original, but all such modified, terminated or discharged except by a writing signed
counterparts together shall constitute but one and the same by the party against whom such alteration, modification,
instrument. termination or discharge is sought.
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
IN WITNESS WHEREOF,the parties hereto have executed this Agreement on or as of the day and year first above written.
CITY OF FORT WORTH YAMAH MOTOR
`CORPORATION U.S.A.
By: By.
Name c° ,l ( ,S T MACP l0SN Name: Patrick Breene
Title: RsC�It�GSI�I 1 �1 ► � Title: Senior Vice President
RPP�vt0 ra F*ffA "o LEwV p UNr, McE1t-0` A55iS7� Ciry 4wN� 61 Hof'
If Purchaser is a Corporation,the Secretary of the C por n is to execute the following:
The Officer signing above is duly authorized, on behalf of the Company,to negotiate,execute and deliver the Conditional Sale
Agreement dated as of MARCH 14,2008 and the Schedule(s)thereunder and all future Schedule(s) (the"Agreements")by and
between the Company and [Yamaha Motor Corporation, U.S.A.]; and these Agreements are binding and authorized agreements of the
Company,enforceable in all respects in accordance with their terms.
WITNESS MY HAND and-the corporate seal of the Company this day of
SEAL 1
Attested By:
I A .
ry[arty Cn six
ow 5ccretary
— 1Drl �4 ( fie�;s
Contract AuthorizatioA
�laclb
Date
s CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE# 90475
Dated March 14,2008
1. This Schedule covers the following property("Equipment"):
312 YDRE GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3. The Terms for the Equipment described herein shall commence on June 15,2008 and shall
consist of 36 months from the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
36 MONTHLY PAYMENTS IN THE AMOUNT OF$19,642.72(APPLICABLE TAXES TO BE BILLED).
STARTING JUNE 2008 AND ENDING MAY 2011. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Jun-08$19,642.72 Jan-09$19,642.72 Jan-10$19,642.72 Jan-11$19,642.72
Jul-08$19,642.72 Feb-09$19,642.72 Feb-10$19,642.72 Feb-11$19,642.72
Aug-08$19,642.72 Mar-09$19,642.72 Mar-10$19,642.72 Mar-11$19,642.72
Sep-08$19,642.72 Apr-09$19,642.72 Apr-10$19,642.72 Apr-11$19,642.72
Oct-08$19,642.72 May-09$19,642.72 May-10$19,642.72 May-11$19,642.72
Nov-08$19,642.72 Jun-09$19,642.72 Jun-10$19,642.72
Dec-08$19,642.72 Jul-09$19,642.72 Jul-10$19,642.72
Aug-o9$19,642.72 Aug-10$19,642.72
Sep-09$19,642.72 Sep-10$19,642.72
Oct-09$19,642.72 Oct-10$19,642.72
Nov-09$19,642.72 Nov-10$19,642.72
Dec-09$19,642.72 Dec-10$19,642.72
I Please designate which of the following items are included in the monthly payment.Check any applicable items by
marking the box. Items not marked will be considered not included.
Service: Yes No ' Storage: [] Yes No Property Taxes: ❑ Yes No Insurance: ❑ Yes No
Other: Yes* No *If yes,please provide further details
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $468,000.00
7. Other Terms:
Interest Factor: 4.75 %
This Equipment Schedule is entered into pusuant to Seller's accepted bid under RFP:
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated March 14,2008
All of the terms and conditions,representations and warranties of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
CITY OJW FORT WOWrH A YAMAHA MOTOR CORPORATION, U.S.A.
By By
Si ture Signature
s
Name: C W L-� — Name: Patrick Breene
Type or Print Type or Print
Title: kU10(1 ms� 5�. C^ Title: Vice President
*R0—AIL
1VI A V �RM+fin �1
.!�I L rWv l►c&i n n rru aca ct-A�m f fnx Arno.i ru
<�(tv ofFcr| V"orth Initialed E..v:
»piH�T��8T�Q� ��A�AH! � ��)� [�H?, (C.P.P-J KTy I-FS S E E: {|` cz c|� 1,5u,0r U I
�y]U/�|���T �������[ �� � £ �� �~�
�-^~`^^" ^`'—`^ ` ~~.., .`-~`,..- " '.'^/ w
4J50L/r,
Due
Pion Date Payment !ritereSt
1 06/15N8 19.04Z72 4.054.00
Z 07/15/08 19.642.72 3,98474
3 00/15/08 19l4272 3,835.26
4 09/15/08 19.64272 3.875.54
5 10/15N8 10.642]2 3,815.00
0 11/1500 19.642.72 3755.44
7 12/15/08 18.64272 3,695.04
O 01/1509 18,04272 3.634.42
9 02/15/09 18,642J2 5,573.56
10 03/1509 18.04272 5,512.47
i1 04/15/08 10,642.72 345115
12 05/1509 19.64272 3.388.60
13 06/15/09 19,642.72 3,327.81
14 07/15/09 19�642J2 5,20579
15 08/15W9 19,64272 3,203.53
10 09/15/09 19,04272 3,141.04
17 1015/09 19,64272 5.070.31
18 11/15/08 13,64272 5,015.34
19 12/15/09 13,64272 2.95213
20 01/15/10 19.04272 2,88808
21 02/15n0 13.64272 2,824.98
22 03/15/10 18.64272 2701.06
23 04!15/10 18.04272 2.690.88
24 0515/10 19,64272 2.632.46
25 00/15V10 19.642.72 2.567.00
26 07/15/10 19.04272 2,502.09
27 0V15/10 19,04272 2.437.75
20 0K15/10 19.64272 2,372.32
29 1015M0 18.04272 2.305.57
30 11U5nO 19,64272 2,24077
31 12/15/10 18.642]2 2174.61
32 01/15/11 10,042.72 2108.21
33 0215/11 18.64272 2,041.55
34 03V15/11 19.642J2 1.974.64
35 04/15/11 19,84272 1.907.47
36 0515/11 19.04272 1.840.05
I-
I 707.137.92 O5.9Z%3.55
� 'Ell)��
--- --^~`
• YAMAHA MUTUK GUKPUKA I IUN, 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
WE OF INSURANCE AGENT: March 14, 2008
-- - 11Uf3 inf'i�fATla6�c�- il'L1GG ` �ttz UJa�TVI
D D R ESS:
—� Please Reference our Quote# 90475
>x: C`61�1 g2o-�1�2
Z. VARIOUS LOCATIONS_______ ____ (Customer) Account#
Dntlemen:
ie Customer has purchased and will be financing equipment from Yamaha.
ie Customer is required to provide Yamaha with the following insurance coverage:
"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.
ich policy shall provide that: (i) Yamaha will be given not less than thirty(30) days prior written notice of cancellation or
in-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
)licy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
policy or the Customer's application therefore.
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
)ur Prompt attention will be appreciated. Very Truly Yours,
auipment Covered: CITY OF FORT WORTH
312 YDRE GOLF CARS (Name of Debtor)
By: �3L, ovzi:
tuipment Location: (Signature of Audiorized Officer)
VARIOUS LOCATIONS
FORT WORTH,TX 76115 Title: ;
CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE 4 90476
Dated March I4,2008
1. This Schedule covers the following property("Equipment"):
4 G23A GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3. The Terms for the Equipment described herein shall commence on June 15,2008 and shall
consist of 36 months from the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
36 MONTHLY PAYMENTS IN THE AMOUNT OF$758.34(APPLICABLE TAXES TO BE BILLED).
STARTING JUNE 2008 AND ENDING MAY 2011. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Jun-08$758.34 Jan-09$758.34 Jan-10$758.34 Jan-11$758.34
Jul-08$758.34 Feb-09$758.34 Feb-10$758.34 Feb-11$758.34
Aug-08$758.34 Mar-09$758.34 Mar-10$758.34 Mar-11$758.34
Sep-08$758.34 Apr-09$758.34 Apr-10$758.34 Apr-11$758.34
Oct-08$758.34 May-09$758.34 May-10$758.34 May-11$758.34
Nov-08$758.34 Jun-09$758.34 Jun-10$758.34
Dec-08$758.34 Jul-09$758.34 Jul-10$758.34
Aug-09$758.34 Aug-10$758.34
Sep-09$758.34 Sep-10$758.34
Oct-09$758.34 Oct-10$758.34
Nov-09$758.34 Nov-10$758.34
Dec-09$758.34 Dec-10$758.34
Please designate which of the following items are included in the monthly payment.Check any applicable items by
marking the box. Items not marked will be considered not included.
Service: Yes No r Storage: ❑ Yes No ❑ Property Taxes: ❑ Yes No C Insurance: n Yes No ❑
Other: Yes* No F *If yes,please provide further details
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $11,000.00
7. Other Terms:
Interest Factor: 4.75 %
This Equipment Schedule is entered into pusuant to Seller's accepted bid under RFP: -
j't1'
1ru
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated March 14,2008
A11 of the terms and conditions, representations and warranties of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule .
CITY OF,1ORr&WOVf H YAMAHA MOTOR CORPOP.ATION, U.S.A.
� A0772t-
By By
i tur Signature
Name: _ �"� � Name: Patrick Breene
Type or Print Type or Print
Title: klw'j ' I f c " hw Title: Vice President
o[ Fot L [mida!ad BY:
�
^� �
^`^'` ^ ^
i E§ E- [��^ U- F o VilO}t P
'
E[\UIKALHAT SCHEDULE O0 °76 yi-�!d 4J60%
Uua
te rest
1 06/1508 75834 13271
Z 0715808 75K34 13[.34
a 08/15/08 758,34 127.87
4 05K15/08 758,34 125.50
5 10/1508 75834 123.10
u 11/15/08 75834 12078
7 12/1508 75034 118.30
8 01/1509 758�34 115.94
9 02/1508 758.34 113-50
10 03V15/08 758�34 111.00
11 04/15109 750.34 108.61
12 05/1508 750.34 10615
13 06/15/09 750.34 103.08
14 07/15/09 750.34 10120
15 08/15/09 758.34 9871
16 O5Y1509 758.34 96.21
17 101509 758.34 93.70
10 11/15/03 758.34 9119
19 12/15/09 758.34 88.66
20 01/15/10 758.34 8612
21 02y15/10 758.34 83.58
22 03/ 5/1O 758.34 81-02
23 04/15/10 758,34 7840
24 05/15/10 758.34 75.88
25 06/15/10 758.34 73.30
20 07/15/10 758.34 7070
27 00/15/10 750.34 6810
28 09/15/10 758.34 65.40
28 1015/10 750.34 02.86
30 11/15/10 758.34 60.23
31 12/15/10 758.34 57.50
32 01/15/11 750.34 54.93
33 0215/11 750.34 52.26
34 03/15/11 758.34 49.59
35 04V15/11 75034 40.90
36 05/15/11 758.34 4421
Totals: 27.300.24 J.2107�
___
f J��
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
NME OF INSURANCE AGENT: March 14, 2008
hod
DDRESS:
sx) �'_ j Please Reference our Quote# 90476
-ZONE:
kX:
M. VARIOUS LOCATIONS - (Customer)Account#
antlemen:
ie Customer has purchased and will be financing equipment from Yamaha.
ie Customer is required to provide Yamaha with the following insurance coverage:
"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.
ach policy shall provide that: (i) Yamaha will be given not less than thirty(30)days prior written notice of cancellation or
)n-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
flicy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
e policy or the Customer's application therefore.
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
Dur Prompt attention will be appreciated. Very Truly Yours,
juipment Covered: CITY OF FORT WORTH
4 G23A GOLF CARS (Name of Debtor)
By:
juipment Location: (Signature of A thorized Officer)
VARIOUS LOCATIONS
Title:
FORT WORTH,TX 76115 ', ,,
CONDITIONAL SALE EXHIBIT A
EQUIPMENT SCHEDULE# 90478
Dated March 14,2008
1. This Schedule covers the following property("Equipment"):
13 G23E GOLF CARS
2. Location of Equipment:
VARIOUS LOCATIONS
VARIOUS LOCATIONS
FORT WORTH,TX 76115
3. The Terms for the Equipment described herein shall commence on June 15,2008 and shall
consist of 36 months from the first day of the month following said date.
4. The down payment of the Equipment shall be$ $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
36 MONTHLY PAYMENTS IN THE AMOUNT OF$1,180.27(APPLICABLE TAXES TO BE BILLED).
STARTING JUNE 2008 AND ENDING MAY 2011. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Jun-08$1,180.27 ]an-09$1,180.27 Jan-10$1,180.27 Jan-11$1,180.27
Jul-08$1,180.27 Feb-09$1,180.27 Feb-10$1,180.27 Feb-11$1,180.27
Aug-08$1,180.27 Mar-09$1,180.27 Mar-10$1,180.27 Mar-11$1,180.27
Sep-08$1,180.27 Apr-09$1,180.27 Apr-10$1,180.27 Apr-11$1,180.27
Oct-08$1,180.27 May-09$1,180.27 May-10$1,180.27 May-11$1,180.27
Nov-08$1,180.27 Jun-09$1,180.27 Jun-10$1,180.27
Dec-08$1,180.27 Jul-09$1,180.27 Jul-10$1,180.27
Aug-09$1,180.27 Aug-10$1,180.27
Sep-09$1,180.27 Sep-10$1,180.27
Oct-09$1,180.27 Oct-10$1,180.27
Nov-09$1,180.27 Nov-10$1,180.27
Dec-09$1,180.27 Dec-10$1,180.27
v' Please designate which of the following items are included in the monthly payment.Check any applicable items by
marking the box. Items not marked will be considered not included.
Service: Yes No Storage: Yes No Property Taxes: j Yes No Insurance: - Yes No C
Other: Yes* No *If yes,please provide further details
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $28,600.00
7. Other Terms:
Interest Factor: 4.75 %
This Equipment Schedule is entered into pusuant to Seller's accepted bid under RFP:
This Equipment Schedule and Acceptance Guidelines are issued pursuant to the Agreement dated March 14,2008
All of the terms and conditions,representations and warranties of the Agreement are hereby incorporated herein and made a part
hereof as if they were expressly set forth in this Equipment Schedule.
CITY GM FOR O H YAMAHA MOTOR-CORPORATION U.S.A.
Af By By
b atur Signature
Name: Name: Patrick Breene
Type orrPrint ��p Type or Print
Title: k1N(,� `1- T)wj" C� �v�{� � Title: Vice President
AVV-0UrA !- TOPfFo�r'` 'kN D {z kLM
11 Ll lA PF NxstA1� .A.GlOnu L<eieu R /rru krT mAl
LA
7 L.i
Due
# C)ate I��ryy a=ignt I
�i nterest
1 06/15/08 1,271.06 264.07
2 07/15/08 1,271.06 260.24
3 08/15/08 1,271.06 256.39
4 09/15/08 1.271.06 252.54
5 10/15/08 1.271.06 248.66
6 1 1/15/08 1.271.06 244.78
7 12/15/08 1,271.06 240.87
8 01/15/09 1.271.06 236.96
9 02/15/09 1.271.06 233.03
10 03/15/09 1 271 06 2?9 08
11 04/15/09 1.271.06 225.12
12 05/15/09 1.271.06 221.14
13 06/15/09 1,271.06 217.15
14 07/15/09 1.271.06 213.14
15 08/15/09 1,271.06 209.12
16 09/15/09 1.271.06 205.08
17 10/15/09 1271.06 201.03
18 1 1/15/09 1,271.06 196.96
19 12/15/09 1,271.06 192.88
20 01/15/10 1.271.06 188.78
21 02/15/10 1,271.06 184.66
22 03/15/10 1.271.06 180.53
23 04/15/10 1.271.06 176.39
24 05/15/10 1.271.06 172.23
25 05/15/10 1,271-06 168.05
26 07/15/10 1,271.06 163.85
27 08/15/10 1.271.06 159.64
28 09/15/10 1.271.06 155.42
29 10/15/10 1,271.06 151.18
30 11/15/10 1.271.06 146.92
31 12/15/10 1.271.06 142.65
32 01/15/11 1.271.06 138.36
33 02/15/11 1271,06 134.05
34 03/15/11 1.271.06 129.73
35 04/15,111 1.271,06 125.39
36 05/15/11 1,271,06 121.03
Totals: 4a,758,16 6,887.08
!a'1(1
YHIVIAHA IVIU I UK I.UKrUKH 1 1U141 U.J.H.
COMMERCIAL CUSTOMER FINANCE
6555 Katella Avenue, Cypress, CA 90630
(800) 551-2994, Fax(714) 761-7363
E-MAIL: Donna_Hennessy@yamaha-motor.com
WE OF INSURANCE AGENT: March 14, 2008
)DRESS:
Please Reference our Quote# 90478
TONE:
(J 2
_ VARIOUS LOCATIONS__ _ _ _.__ (Customer)Account#
�ntlemen:
ie Customer has purchased and will be financing equipment from Yamaha.
ie Customer is required to provide Yamaha with the following insurance coverage:
"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.
)ch policy shall provide that: (i) Yamaha will be given not less than thirty(30) days prior written notice of cancellation or
)n-renewal, (ii) it is primary insurance and any other insurance covering Yamaha shall be secondary or excess of the
flicy and (iii) in no event shall the policy be invalidated as against Yamaha or its assigns for any violation of any term of
e policy or the Customer's application therefore.
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
)ur Prompt attention will be appreciated. Very Truly Yours,
juipment Covered: CITY OF FORT WORTH
14 G23E GOLF CARS (Name of Debtor)
By:
juipment Location: (Signature o Authorized Officer)
VARIOUS LOCATIONS
FORT WORTH,TX 76115 Title:
71
�.r A
IC c
Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/20/2008
DATE: Tuesday, May 20, 2008
LOG NAME: 13P08-0020 REFERENCE NO.: P-10784(Revised)
SUBJECT:
Authorize an Agreement for a Thirty-Six Month Lease and Rental of Golf and Utility Cars Including a
Sell-Back Option with Yamaha Golf Car Company for a Projected Cost Not to Exceed $890,309.04
and Authorize an Extension to the Current Agreement with Yamaha Golf Car Company for the Parks
and Community Services Department for a Projected Cost Not to Exceed $36,200.00
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize an agreement for a 36 month lease and rental of golf and utility cars including a sell-back
option with Yamaha Golf Car Company for the Parks and Community Services Department for a projected
cost not to exceed $890,309.04. Payments due within 30 days of receipt of the invoices; and
2. Authorize an extension to the current agreement with Yamaha Golf Car Company for the rental of the
existing cars for a cost not exceed $36,200.00 to expire on June 8, 2008.
DISCUSSION:
Staff recommends a 36 month lease and rental of golf and utility cars including a sell back option with
Yamaha Golf Car Company for the Parks and Community Services Department based upon the low bid
unit prices as listed below.
Quantity and Description Monthly/Unit Price 36 Month Total
Lease of 252 Golf Cars $14,936.04 $537,697.44
Lease of 60 Golf Cars with Tow Bar $3,556.20 $128,023.20
Lease of 11 Utility Cars $958.10 $34,491.60
Lease of 2 Utility Cars with Drop-In Coolers $174.20 $6,271.20
Lease of 4 Full Beverage Cars $758.32 $27,299.52
Rental of 43 Golf Cars for Peak Period $2,795.00 $67,080.00*
Optional Battery Watering System $1,151,28 $41,446.08
Labor During Regular Hours as Needed $60.00 $15,000.00
Labor Curing Overtime Hours as Needed $60.00 $1,000.00
One Time Trip Charge for Repairs as Needed No Charge
Repair Parts, will be Sold as Needed Dealers Cost $32,000.00
*24 month total
The Parks and Community Services Department will use this agreement to obtain the lease and rental of
golf and utility cars that will be rented to patrons and utilized by golf course staff. During the previous year,
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 6/11/2008
Page 2 of 2
revenue of $1,466,178.00 was generated from car rental fees for the Golf Enterprise Fund. The
department can use this agreement to obtain repairs, maintenance and parts not covered under the
standard manufacturer's warranty. The department will rent additional cars during the peak season of
March 10 through November 10 of each year. Vendor will not charge the monthly rate for the rental cars
during the first year of the agreement.
Authorize this agreement to begin June 8, 2008, and expire on June 7, 2011.
PRICE ANALYSIS - The annual line item prices range from plus 13.5 percent to plus 20 percent difference
than previous prices awarded by M&C P-10103, on March 8, 2005. The cost for the higher prices is a
result of the increased cost of production by the manufacturer and higher cost for shipping. Overall, prices
received from low bidders are considered fair and reasonable and equal to or better than current market
prices for comparable services in this region.
BID ADVERTISEMENT: This bid was advertised in the Fort Worth Star-Telegram on February 13 and 20,
2008. The Purchasing Division solicited eight vendors from the City's purchasing database system and
Demandstar.com plan holders. Four bids were received.
BID TABULATION: See attached bid tabulation.
M/WBE - A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing
Division and approved by the M/WBE Office because the purchase of goods or services is from sources
where subcontracting or supplier opportunities are negligible.
RENEWAL OPTIONS — This agreement may be renewed for up to two successive one-year terms at the
City's option. This action does not require specific City Council approval, provided the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated, of
the Municipal Golf Fund.
BQN\\
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
http://apps.cfwnet.org/council_packet/Reports/mc_print.asp 6/11/2008