HomeMy WebLinkAboutContract 54811 CSC No. 54811
FORTWORTH.
GOLF CART WARRANTY, MAINTENANCE,
AND REPAIR SERVICES AGREEMENT
This GOLF CART WARRANTY, MAINTENANCE, AND REPAIR SERVICES
AGREEMENT("Agreement")is made and entered into by and between the CITY OF FORT WORTH
("City"),a Texas home rule municipal corporation,acting by and through its duly authorized Assistant City
Manager, and TEXTRON,INC.,DB/A E-Z-GO ("Vendor"), a Rhode Island corporation,and acting by
and through its duly authorized representative, each individually referred to as a"party" and collectively
referred to as the"parties."
WHEREAS, the City issued a bid to lease 188 golf carts for use by patrons at Pecan Valley and
Meadowbrook Golf Courses;
WHEREAS, Vendor submitted a bid that included a 60-month lease term to be financed through
TCF National Bank;
WHEREAS, as part of Vendor's proposal, Vendor agreed to sell the golf carts to TCF National
Bank, who would then enter into a separate agreement with the City to lease the golf carts for the above-
stated term;
WHEREAS,Vendor has agreed to provide warranty services,and annual maintenance and repairs
for the golf carts for the term of the lease; and
NOW, THEREFORE, in consideration of the mutual promises and obligations hereinafter set
forth to be performed and observed by each of the parties,the parties hereby covenant and agree as follows:
1. Scope of Services. Vendor will provide warranty services and annual maintenance and
repair services for 188 golf carts to be leased through TCF National Bank for use by the City at Pecan
Valley and Meadowbrook Golf Courses. Exhibit "A," - Scope of Service and Price Schedule, which is
attached hereto and incorporated herein for all purposes, more specifically describes the services and the
corresponding price schedule to be provided hereunder("Services").
2. Term. This Agreement is effective beginning on the date signed by the Assistant City
Manager below("Effective Date")and expires on the expiration or termination date of the 60-month lease
agreement for the 188 golf carts between the City and TCF National Bank ("Expiration Date"), unless
terminated earlier in accordance with this Agreement("Term"). The lease agreement between the City and
TCF National Bank for the lease of the golf carts is on file with the Fort Worth City Secretary("Golf Cart
Lease Agreement"). Notwithstanding anything to the contrary, if the City and TCF National Bank do not
execute the Golf Cart Lease Agreement,then this Agreement will be null and void.
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Golf Cart Warranty,Repair,and Maintenance Agreement Page 1 of 13
3. Compensation.
3.1 City will pay Vendor in accordance with the price schedule and the
provisions of this Agreement in Exhibit A. Total compensation under this Agreement will not
exceed Two Hundred Twenty-Five Thousand Dollars and No Cents($225,000.00).Vendor will
not perform any additional services or bill for expenses incurred for City not specified by this
Agreement unless City requests and approves in writing the additional costs for such services.City
will not be liable for any additional expenses of Vendor not specified by this Agreement unless
City first approves such expenses in writing.
3.2 Following acceptance of any Service under this Agreement, the Vendor
must provide the City with a signed invoice by the 7"' day of the month following the month in
which the Services were provided, summarizing (i) the Service(s) that have been provided in the
preceding month and (ii) requesting payment. If the City requires additional reasonable
information, it will request the same promptly after receiving the above information, and the
Vendor must provide such additional reasonable information to the extent the same is available.
The invoice must be submitted to the City of Fort Worth, attention Dave Lewis, 4200 South
Freeway, Ste. 2200,Fort Worth,Texas 76115.
3.3 The City will make payment within thirty (30) calendar days after receipt of the
invoice from the Vendor unless there is a dispute as to the information provided in the invoice for
the Goods and Services.
4. Termination.
4.1. Termination for Convenience. City may terminate this Agreement at any time and
for any reason by providing the other party with 30 days' written notice of termination.
4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are
appropriated by City in any fiscal period for any payments due hereunder, City will notify Vendor
of such occurrence and this Agreement will terminate on the last day of the fiscal period for which
appropriations were received without penalty or expense to City of any kind whatsoever,except as
to the portions of the payments herein agreed upon for which funds have been appropriated.
5. Disclosure of Conflicts and Confidential Information.
5.1 Disclosure of Conflicts.Vendor hereby warrants to City that Vendor has made full
disclosure in writing of any existing or potential conflicts of interest related to Vendor's Goods and
Services under this Agreement. In the event that any conflicts of interest arise after the Effective
Date of this Agreement, Vendor hereby agrees immediately to make full disclosure to City in
writing.
5.2 Confidential Information.Vendor,for itself and its officers,agents and employees,
agrees that it will treat all information provided to it by City ("City Information") as confidential
and will not disclose any such information to a third party without the prior written approval of
City.
5.3 Public Information Act. City is a government entity under the laws of the State of
Texas and all documents held or maintained by City are subject to disclosure under the Texas Public
Information Act.In the event there is a request for information marked Confidential or Proprietary,
Golf Cart Warranty,Repair,and Maintenance Agreement Page 2 of 13
City will promptly notify Seller. It will be the responsibility of Seller to submit reasons objecting
to disclosure. A determination on whether such reasons are sufficient will not be decided by City,
but by the Office of the Attorney General of the State of Texas or by a court of competent
jurisdiction.
5.4 Unauthorized Access.Vendor will store and maintain City Information in a secure
manner and will not allow unauthorized users to access, modify, delete or otherwise corrupt City
Information in any way.Vendor will notify City immediately if the security or integrity of any City
Information has been compromised or is believed to have been compromised, in which event,
Vendor will, in good faith, use all commercially reasonable efforts to cooperate with City in
identifying what information has been accessed by unauthorized means and will fully cooperate
with City to protect such City Information from further unauthorized disclosure.
6. Rieht to Audit. Vendor agrees that City will,until the expiration of three (3)years after
final payment under this contract, or the final conclusion of any audit commenced during the said three
years,have access to and the right to examine at reasonable times any directly pertinent books,documents,
papers and records, including, but not limited to, all electronic records, of Vendor involving transactions
relating to this Agreement at no additional cost to City. Vendor agrees that City will have access during
normal working hours to all necessary Vendor facilities and will be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City will give Vendor
reasonable advance notice of intended audits.
7. Independent Contractor. It is expressly understood and agreed that Vendor will operate
as an independent contractor as to all rights and privileges and work performed under this Agreement, and
not as agent, representative or employee of City. Subject to and in accordance with the conditions and
provisions of this Agreement, Vendor will have the exclusive right to control the details of its operations
and activities and be solely responsible for the acts and omissions of its officers, agents, servants,
employees,Vendors and subVendors. Vendor acknowledges that the doctrine of respondeat superior will
not apply as between City, its officers, agents, servants and employees, and Vendor, its officers, agents,
employees,servants,Vendors and subVendors. Vendor further agrees that nothing herein will be construed
as the creation of a partnership or joint enterprise between City and Vendor. It is further understood that
City will in no way be considered a Co-employer or a Joint employer of Vendor or any officers, agents,
servants, employees or subVendor of Vendor. Neither Vendor, nor any officers, agents, servants,
employees or subVendor of Vendor will be entitled to any employment benefits from City.Vendor will be
responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its
officers, agents, servants,employees or subVendor.
8. Liability and Indemnification.
8.1. LIABILITY- VENDOR WILL BE LIABLE AND RESPONSIBLE FOR ANY
AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND/OR PERSONAL INJURY,
INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,
WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT
ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF
VENDOR,ITS OFFICERS,AGENTS,SERVANTS OR EMPLOYEES.
8.2 GENERAL INDEMNIFICATION- VENDOR HEREBY COVENANTS AND
AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, ITS OFFICERS,
AGENTS,SERVANTS AND EMPLOYEES,FROMAND AGAINST ANYAND ALL CLAIMS
OR LAWSUITS OFANYKIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR
EITHER PROPERTYDAMAGE OR LOSS(INCLUDINGALLEGED DAMAGE OR LOSS TO
Golf Cart Warranty,Repair,and Maintenance Agreement Page 3 of 13
VENDOR'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL
INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE
NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF VENDOR, ITS OFFICERS,
AGENTS,SERVANTS OR EMPLOYEES.
9. Assignment and Subcontracting.
9.1 Assignment. Vendor will not assign or subcontract any of its duties, obligations
or rights under this Agreement without the prior written consent of City. If City grants consent to
an assignment, the assignee will execute a written agreement with City and Vendor under which
the assignee agrees to be bound by the duties and obligations of Vendor under this Agreement.
Vendor and Assignee will be jointly liable for all obligations of Vendor under this Agreement prior
to the effective date of the assignment.
9.2 Subcontract. If City grants consent to a subcontract, sub Vendor will execute a
written agreement with Vendor referencing this Agreement under which sub Vendor will agree to
be bound by the duties and obligations of Vendor under this Agreement as such duties and
obligations may apply. Vendor will provide City with a fully executed copy of any such
subcontract.
10. Insurance. Vendor will provide City with certificate(s)of insurance documenting policies
of the following types and minimum coverage limits that are to be in effect prior to commencement
of any work pursuant to this Agreement:
10.1 Coverage and Limits
(a) Commercial General Liability:
$1,000,000- Each Occurrence
$2,000,000- Aggregate
(b) Automobile Liability:
$1,000,000- Each occurrence on a combined single limit basis
Coverage will be on any vehicle used by Vendor, its employees, agents,
representatives in the course of providing services under this Agreement. "Any
vehicle"will be any vehicle owned,hired and non-owned.
(c) Worker's Compensation:
Statutory limits according to the Texas Workers' Compensation Act or any other
state workers' compensation laws where the work is being performed
Employers' liability
$100,000- Bodily Injury by accident; each accident/occurrence
$100,000- Bodily Injury by disease; each employee
$500,000- Bodily Injury by disease;policy limit
Golf Cart Warranty,Repair,and Maintenance Agreement Page 4 of 13
10.2 General Requirements
(a) The commercial general liability and automobile liability policies will
name City as an additional insured thereon, as its interests may appear.The term
City will include its employees,officers,officials,agents,and volunteers in respect
to the contracted services.
(b) The workers' compensation policy will include a Waiver of Subrogation
(Right of Recovery)in favor of City.
(c) A minimum of Thirty (30) days' notice of cancellation or reduction in
limits of coverage will be provided to City. Ten (10) days' notice will be
acceptable in the event of non-payment of premium.Notice will be sent to the Risk
Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with
copies to the Fort Worth City Attorney at the same address.
(d) The insurers for all policies must be licensed and/or approved to do
business in the State of Texas. All insurers must have a minimum rating of A-VII
in the current A.M.Best Key Rating Guide,or have reasonably equivalent financial
strength and solvency to the satisfaction of Risk Management. If the rating is
below that required,written approval of Risk Management is required.
(e) Any failure on the part of City to request required insurance
documentation will not constitute a waiver of the insurance requirement.
(f) Certificates of Insurance evidencing that Vendor has obtained all required
insurance will be delivered to the City prior to Vendor proceeding with any work
pursuant to this Agreement.
11. Compliance with Laws,Ordinances,Rules and Regulations. Vendor agrees that in the
performance of its obligations hereunder, it will comply with all applicable federal, state and local laws,
ordinances,rules and regulations and that any work it produces in connection with this Agreement will also
comply with all applicable federal, state and local laws, ordinances, rules and regulations. If City notifies
Vendor of any violation of such laws,ordinances,rules or regulations,Vendor will immediately desist from
and correct the violation.
12. Non-Discrimination Covenant. Vendor, for itself, its personal representatives, assigns,
subVendors and successors in interest, as part of the consideration herein, agrees that in the performance
of Vendor's duties and obligations hereunder, it will not discriminate in the treatment or employment of
any individual or group of individuals on any basis prohibited by law.IF ANY CLAIM ARISES FROM
AN ALLEGED VIOLATION OF THIS NON-DISCRIMINATION COVENANT BY VENDOR,ITS
PERSONAL REPRESENTATIVES, ASSIGNS, SUBVENDORSS OR SUCCESSORS IN
INTEREST, VENDOR AGREES TO ASSUME SUCH LIABILITY AND TO INDEMNIFY AND
DEFEND CITY AND HOLD CITY HARMLESS FROM SUCH CLAIM.
13. Notices. Notices required pursuant to the provisions of this Agreement will be
conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents,
employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the
transmission, or(3)received by the other party by United States Mail,registered,return receipt requested,
addressed as follows:
Golf Cart Warranty,Repair,and Maintenance Agreement Page 5 of 13
To CITY: To VENDOR:
City of Fort Worth Textron, Inc. d/b/a E-Z-GO
Attn: Assistant City Manager Attn: Maryellen Williams
200 Texas Street Contracts Administrator
Fort Worth, TX 76102-6314 1451 Marvin Griffm Road
Facsimile: (817)392-8654 Augusta,GA 30906
With copy to Fort Worth City Attorney's Office at
same address
14. Solicitation of Employees. Neither City nor Vendor will, during the term of this
Agreement and additionally for a period of one year after its termination,solicit for employment or employ,
whether as employee or independent contractor, any person who is or has been employed by the other
during the term of this Agreement, without the prior written consent of the person's employer.
Notwithstanding the foregoing, this provision will not apply to an employee of either party who responds
to a general solicitation of advertisement of employment by either party.
15. Governmental Powers. It is understood and agreed that by execution of this Agreement,
City does not waive or surrender any of its governmental powers or immunities.
16. No Waiver. The failure of City or Vendor to insist upon the performance of any term or
provision of this Agreement or to exercise any right granted herein will not constitute a waiver of City's or
Vendor's respective right to insist upon appropriate performance or to assert any such right on any future
occasion.
17. Governine Law/Venue. This Agreement will be construed in accordance with the laws
of the State of Texas. If any action,whether real or asserted, at law or in equity,is brought pursuant to this
Agreement, venue for such action will lie in state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas,Fort Worth Division.
18. Severability. If any provision of this Agreement is held to be invalid, illegal or
unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be
affected or impaired.
19. Force Maieure. City and Vendor will exercise their best efforts to meet their respective
duties and obligations as set forth in this Agreement,but will not be held liable for any delay or omission
in performance due to force majeure or other causes beyond their reasonable control, including, but not
limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public
enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any
governmental authority,transportation problems and/or any other similar causes.
20. Headings not Controlling. Headings and titles used in this Agreement are for reference
purposes only,will not be deemed a part of this Agreement,and are not intended to define or limit the scope
of any provision of this Agreement.
21. Review of Counsel. The parties acknowledge that each party and its counsel have
reviewed and revised this Agreement and that the normal rules of construction to the effect that any
ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this
Golf Cart Warranty,Repair,and Maintenance Agreement Page 6 of 13
Agreement or Exhibits A and B.
22. Amendments /Modifications /Extensions. No amendment, modification, or extension
of this Agreement will be binding upon a party hereto unless set forth in a written instrument, which is
executed by an authorized representative of each party.
23. Entirety of Agreement. This Agreement,including Exhibits A and B,contains the entire
understanding and agreement between City and Vendor, their assigns and successors in interest, as to the
matters contained herein.Any prior or contemporaneous oral or written agreement is hereby declared null
and void to the extent in conflict with any provision of this Agreement.
24. Counterparts. This Agreement may be executed in one or more counterparts and each
counterpart will, for all purposes,be deemed an original,but all such counterparts will together constitute
one and the same instrument.
25. Immieration Nationality Act. Vendor will verify the identity and employment eligibility
of its employees who perform work under this Agreement, including completing the Employment
Eligibility Verification Form(I-9). Upon request by City,Vendor will provide City with copies of all 1-9
forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor will adhere to all Federal and State laws as well as establish appropriate procedures
and controls so that no services will be performed by any Vendor employee who is not legally eligible to
perform such services.VENDOR WILL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM
ANY PENALTIES,LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH
BY VENDOR, VENDOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES.
City, upon written notice to Vendor, will have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
26. Signature Authority. The person signing this Agreement hereby warrants that he/she has
the legal authority to execute this Agreement on behalf of the respective party, and that such binding
authority has been granted by proper order,resolution, ordinance or other authorization of the entity. This
Agreement and any amendment hereto,may be executed by any authorized representative of Vendor whose
name, title and signature is affixed on the Verification of Signature Authority Form, which is attached
hereto as Exhibit"B".Each party is fully entitled to rely on these warranties and representations in entering
into this Agreement or any amendment hereto.
27. Change in Company Name or Ownership. Vendor will notify City's Purchasing
Manager, in writing, of a company name, ownership, or address change for the purpose of maintaining
updated City records.The president of Vendor or authorized official must sign the letter.A letter indicating
changes in a company name or ownership must be accompanied with supporting legal documentation such
as an updated W-9, documents filed with the state indicating such change, copy of the board of director's
resolution approving the action, or an executed merger or acquisition agreement. Failure to provide the
specified documentation so may adversely impact future invoice payments.
28. No Boycott of Israel. If Vendor has fewer than 10 employees or this Agreement is for
less than $100,000, this section does not apply. Vendor acknowledges that in accordance with Chapter
2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company
for goods or services unless the contract contains a written verification from the company that it: (1)does
not boycott Israel;and(2)will not boycott Israel during the term of the contract. The terms"boycott Israel"
and"company"will have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract,Vendor certifies that Vendor's signature provides written verification
to the City that Vendor: (1)does not boycott Israel; and(2)will not boycott Israel during the term of
Golf Cart Warranty,Repair,and Maintenance Agreement Page 7 of 13
the contract.
29. Electronic Sienatures. This Agreement may be executed by electronic signature, which
will be considered as an original signature for all purposes and have the same force and effect as an original
signature.For these purposes,"electronic signature"means electronically scanned and transmitted versions
(e.g.via pdf file or facsimile transmission)of an original signature,or signatures electronically inserted via
software such as Adobe Sign.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples.
(signatures page follows)
Golf Cart Warranty,Repair,and Maintenance Agreement Page 8 of 13
ACCEPTED AND AGREED:
CITY OF FORT WORTH:
CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
l!Q responsible for the monitoring and administration of
BY Tale -nee$ shington(Nov 6,202011:24 CST) this contract,including ensuring all performance and Name: Valerie Washington reporting requirements.
Title: Assistant City Manager
Nov 6 2020 j,
Date: By: Dave Lewis(Oct 29,202016:28 CDT)
Name: Dave Lewis
APPROVAL RECOMMENDED: Title: Assistant Director
Richard ZA✓AlA Park&Recreation Department
By: Richard Zavala(Nov 5,2020 09:17 CST) APPROVED AS TO FORM AND LEGALITY:
Name: Richard Zavala
Title: Director
Park&Recreation Department
BY
Name: Tyler F.Wallach
By: Sandra Youn o (Nov4,202022:56CST) Title: Sr.Assistant City Attorney
Name: Sandra Youngblood
Title: Assistant Director CONTRACT AUTHORIZATION•
Park&Recreation Department M&C: 20-0695 (Sept.22,2020)
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Name: Mary Kayser aaa�nEXpSaa"
Title: City Secretary
VENDOR:
TEXTRON,INC.
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By:
Name: Maryellen Williams
Title: Contracts Administrator
Date: Nov 5, 2020
OFFICIAL RECORD
CITY SECRETARY
FT.WORTH, TX
Golf Cart Warranty,Repair,and Maintenance Agreement Page 9 of 13
EXHIBIT A
SCOPE OF SERVICES AND PRICE SCHEDULE
i.
Warranty
MODEL YEAR 2021
Limited Warranty Terms and Conditions-R"and TV Fleet Vehicles
The re coon Speclallae l Vchkk irrsv]ondsion of Tldron Int.('Company)provides that any new k4o4el Yea,2021 Ed-&0 R%V Heet and TILT Flee[gasoline
or lead-and efec rk wehide Ithe Nehldes J and/or battery charger purchased from the Company,atom pany affRlate,of an authorized Company dealer or
distributor,or leased Gam a leasing company approved by the Company,shall be free from defects In material or warkn shlpunder normatuse and service Ithe
"Limited Warrant )-This limited Warranty with respect only to pans and labor Is erdended to the Ongkual Rerall PurdsaaeF or the Original Retail Lessee
['Purthaser'J for defects reported to the Cnnpany no later than the.follow]ng wa—my periods forthe Vehide parts and camp.ne nts Slit forth helow Ithe'1v aria n:Y
Period'J:
Part of CompD neat Warranty Pedad
FRAME-WpRKMANSHIP LIFETIME
MAJOR SUSPENSION COMPONEP47S-Steering Gearbo.r steerin column,shocks,sends and kaf 4 ears
MAJOR!ELECTRONICS-Letric motor,solid state speedOuttrairer an d bane 4 Years
LEM ACID DEEP CYCLE BATTERY-T%T ELECFRIC MODE 15:
• Standard Battery Earlier of 4 Years w 23,SOD amp hours.
• Standard Hatletry with Fr anal water fill system Earlier of4 Yem or 25XW amp hours•
LFA13 ACID DEEP CYCLE BATTERY-RXV EJECMC MODELS: Earlier of Years Or ZWarM haws'
GAS CAR BATTERY(Gas cars with added eleelriol bads must be equipped with heavy duty W[tery) 2Yrars
PEDAL.GROUP-Pedal assemblies,brake assemblies,Make cables and m rtar brake 4 years
CANOPY SYSTEM-Ca and ca strnxs -years
$EAT$-Sea[hptmnn,seat back and hip resva]Nis 3 am
POWERTRAIN-Gasoline ero ne,old lne ade,en lne ale'intake and exhaust svvAnt 4years
POWERTRAIN-Eledfr arde 9vean _
BODY GROUP-Front and rear cowls,slde Panels and insllvnumiR Mind $years
OTHER ELECTRICAL COMPONENTS-Sol.Llimit swite-S,sNrt�gauerata,voltage rlgulaler,FAR 3 Y-n
switch,ell card anddFar a+reeeptade
ALL OPTIONS AND ACCESSORI ES-Alto 'ons a rkdascessorkssUPOiedbVCOMP&Wgttkned urCJrase ]years
ALL OTHER COMPONENTS-All other components su lied by company at timed 2 ears
I N RIAL ADHJSTMENFS-InfHaI alignment,adj ustntents,fastener mt4blenlng 90 Days
•Added e7e"m&componnenn nm part of onginor Vehkir drive sWem rgWpmerit that consurF;e equal'to err mare Ehon.4 amps SW reduce the amp hour
bpm'ry nsprronry by JtRee,pinto[el-q .Added e7emkof comrsp nor port of origrrmf lkhkie n7Ne-Ww-equ4omee the consume kss fhon.4
ahpN redrrcethea hoar betery*arronty by fen Percent(JO%)-See reverse(or Orher hpfcery wmrmrylimkorMrr�rnnNrionswMerreprlonx
The Warranty Period for all parts and components oftheVeh]de enherthan Lead Acid Oeep lycle Batteries shall comnx»ce on[he dale Of delwery
to the Purchaser's location ar the date on which the Vehicle I5 placed in Purchascr+equeeted slorage-
The Warranty Period for Lead Acid Deep CYde Batteries shall commerce on the earnest og the date of-
• Vd+ide delivery to the Purchasers location,
• on which the Vehicle is placed in Purchaser-requested storage or
• that is One(t]Year from the date of mar ufacture of the vehicle.
Part repaired or replaced under this Limited Warranty are warranted for the rerralnder of the length of the Warranty Peded.This Limited
warraniy applies only to the Purchaser and not to any subsequent purchaser a lessee without She prior written approval of the TSV
Customer Care/Warranty Department.
DICILUSIOMS:Sputa lly EXCLUDED from this Limited Warra Ay are:
• routine mairdelanct Items,normal wear and tear,coun tc deterioration or etectreal components damaged as a nnuh of flummions in electric
current;
• damage to or dmorloration of a vehicle,part err battery charger resulting from inadequate or improper mal me na nce,neRjeYt abuse,im➢roper
usage,accident or collision;
• damage resulting From in5tallatipn or use of parts or accessories not approved by Company,including but not Jim iced to subsequent failures of the
Vehkle,other parts or the toamery duarger due to the installation and/or use of parts amd acc,Omor]es not approved by Company;
• warranty repairs made by other plan a Company branch pr an aythodzed and qua IF ed Dealer designee.Warranty repairs by olrrer than a Company
broach or an authorized and qualifled Dealer or-designee snail void the Urnited Warranty;
• damage v Joss resulting from arts of nature,—datism,th eh,war or otter events vier which Company has no con trvl;
• any and ail expenses Incurred kl transgart]ng the Vehicle to and From the Company w an authorized and qualified Dealer,dlstfih utor or designee
for Warranty service Or in perforating geld warranty service,and
• any and all eepence5,fees➢r duties lnm Fred felelve tO Inbound freight,Importatioryorsto[um5-
TWS UMITEO WARRANTY MAY BE VOIOEO OR LIMFTW AT THE SOLE 01SME7I0N OF COMPANY IF THE VEHICLE AND/OR 8ATTERV CHARGE
shawl kldiceUom that routine mei ntenanoe way not performed per the Owners Manual,Induding hit!no[aFrrlted to rotation of fleet,limper tine
InRario k lack of chi rging,In rdequ are hatreFY witenrng,use of contaminated water,Loose battery hold deems,routine scheduled oil and filter
changes,corroded battery cables and loose battm wrininats;
• Jacks an adequate nu miter of operating battery chargers,uses tKopproved battery chargers for the vehicle or uses edmslon cords with battery
chargers;
shows Jndication5 that the charger has been modified to charge vehicles not approved for the rf rger;
• pasollne vehicles fueled whh unleaded Basin lne comaln]ng more than 10%ethanol,E85 ethanol fuel of other non-recommended fuels,
ontam]nated gasoline or other nnO•reoommendedlubrlcanrs;
• shows indkatbcns that the speed governor was adjusted OF mpddied to permit pre Vehlde to operate tewrld Company specifications;
• shows indlcatioos it has been altered err modified in a ny way from Company specifications,andudmg but n cir limited to alterations to the speed
braking system,electrical system,pe sseaaer cioaGty or seatlrug;
• has been altered to be used In an app]kation oth er than a fleet Ralf Wi kle Anon as a Personal Transportation vehicle IPFV1,utility vehicle,or other
rlorn'Jleat golf vehicle
• has—Company approved electrical accessories or electrical energy consuming devices irnstalied on.gasoline powered Vehldl without installation
q(a heavy duty I2V battery;-
• is equipped with non-standard tires nut approved try Company for the appica[ion.
FOR FURTHER INFORMATION,CALL 14ND-77"946,GO TO FIR70.T]RSY.i:Oh1,OR WARE TO TSV DfVl RDN OF TEXTRON IN C.ATFENI[OW
TSV CUSTOMER CARE f WARRANTY DEPARTMENT,MI MARIAN GRIFFIN ROM,AUG USTA,GEORGIA 3ONG USA.
TSV P/N 646534G21
Golf Cart Warranty,Repair,and Maintenance Agreement Page 10 of 13
11.
Maintenance and Repairs
FourW Kni
CITY OF FORT WORTH BID OFFER
EverCID ray. Invftad: Public Evert
CFKOI-20-0181 _
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a SubmN To: City of Fart Worth
SWtTnna Pkrhh TFr4a PURCHASING DIVISION
a7 xx x0xo 08:30a a CDT 0a Os x0ao 13:30:a0 car LOWER LEVEL CITY HALL
- 2U0 TEXAS ST
Fort Worth TX 76102
United States
Email: FMSPurchasingResponses@fortwGrthtexas.gov
Line Details
Lim: 4
Dr scripdOrt: _ Llity Unit UnitPriw Total
Goff Cart Repair Services,Monday-Friday, 100-00 HR
TAM-5PM
$90.OQ $B4O00.OD
=Line: 5
ri;uw: Qtv Unk UnkPrlea TOW
Goff Cart Mairdenanoe Services, 100-00 HR
Monday-Friday,7AM-5PM
Una: 6
Qaecriptlon: C& lurilt ya m TOW
Golf Cart Mai manance Services,Ouw"of 100A0 MR
Business Hours
$135.00 $13,5�1].Oa
Una: 7
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Goff Cart Repair Sarvims,Otfaide of 1t11 ag HR
RWrow Hass .$,�. .� $13 r1D.�
RFP 204181 W Carls
Page 3 0132
Golf Cart Warranty,Repair,and Maintenance Agreement Page 11 of 13
iii.
Additional Terms and Conditions Applicable to Warranty,Maintenance, and Repair
1. Vendor will perform all warranty, maintenance, and repair services either on or off of the City's
property,at the Vendor's discretion,and must begin any such services within 48 hours after written
notification by the City. Vendor must complete any warranty,maintenance,and repair services in
a timely manner,which will be based on reasonable industry standards for the same.
2. Vendor must provide all warranty,maintenance, and repair services using factory tech staff. Any
subcontracting will require the prior written approval of the City.
3. Prior to beginning any warranty, maintenance, or repair services, Vendor must provide the City
with a written, itemized list of the work to be performed on each golf cart, including a breakdown
of the services and associated costs for parts and labor. Vendor must receive a written notice to
proceed from the City prior to providing any service.
4. Any warranty,maintenance, and repair facilities must be within a 100-mile radius of the City.
5. Notwithstanding anything to the contrary,Vendor may not charge the City for any travel expenses
related to any warranty, maintenance, or repair services, including,but not limited to, the costs to
transport the golf carts to and from any facilities.
6. Vendor must provide a substitute or comparable golf cart if the fully repaired or serviced cart is not
capable of returning to service. Vendor must provide a substitute golf cart within 48 hours after
receiving written notification from the City requesting the same.
7. Any parts will be billed at 20%off of list price.
8. If,for any reason,a golf cart fails to perform due to repeated mechanical problems during the Term
of this Agreement, the Vendor must temporarily replace such cart within a reasonable time as
agreed to by the City and Vendor and as dictated by industry standard.
9. During the term of this Agreement, if any golf cart fails to provide the quality and operational
performance common in industry or has had three repairs or customer complaints for the same
malfunction, then the Vendor will replace the golf cart within a reasonable time after receiving
written notification from the City,at no cost to the City.
10. Vendor understands and acknowledges that it is the Vendor's responsibility to inform TCF National
Bank of any replacement golf carts. Vendor will ensure that title to any replacement golf carts
transfers to TCF National Bank prior to delivery to the City and any such golf cart becomes a part
of the Golf Cart Lease Agreement.
11. Vendor must provide orientation and training to City employees on the operation and maintenance
of the golf carts and other related components at no additional cost to the City. Vendor and City
must mutually agree on a schedule for training.
Golf Cart Warranty,Repair,and Maintenance Agreement Page 12 of 13
EXHIBIT B
VERIFICATION OV SIGNATURE A>lT1E10RITY
[ADDRESS] !1 Aa rvm 6In
(ADDRESS] �u
Executicm of this Sigm*lalre V-6riCl"tiion Form ('{Dorm') hereby-ecrtiFiw that the f011owing individuals
am�4ur positions have the audwirity to is gaily bind Vendor and [o en6cilw any ag mcmq+l, amendment or
chance order on behalf of Verdcr. Such binding authority has been granted by proper ordfr, resolution,
cirdinanbe or olher authcff-ira[igm of Vendor. City is fully entitled to rely on the warranty nd rep[+esentation
set fmaih i II th is FoTim iii enuring In19 My agi-mmcnr nr amendment wkli Vendor_ Vrndur will subm4 an
haled Farm within " (10) busirness days if there are any r.hwka ,es to the sigrnawry authority. City is
ent!Oed to(dy oa any cuffent execurnd Farm unti I it receives a revised Fomi that has been pmpe ly axecwd
bar Vendor. +�
I, Name; 4, 14v, j'd,WM
�igttdLure
2- Name:
Pfrsiti�
S igrm[ure ��
3_ Namr.:
Positi�ri
ail
Nance:
kgnacure of Pmsidera I CEO
Othr,r'Ii11c; P+ T. I.Ze-Ak rAr LY
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Golf Cart Warranty,Repair,and Maintenance Agreement Page 13 of 13
M&C Review
Official
CITY COUNCIL AGENDA FOR
DATE: 9/22/2020 REFERENCE **M&C 20- LOG NAME: 13P20-0181 GOLF CARTS AR
NO.: 0695 PARD
CODE: P TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 3 and CD 4)Authorize Agreements with TCF National Bank for a 60-Month Lease
Term for 188 Golf Carts in an Amount Up to $550,000.00, and Textron, Inc. d/b/a E-Z-
GO for Warranty, Maintenance, and Repair Services of the Same in an Amount Up to
$225,000.00 for the Park and Recreation Department
RECOMMENDATION:
It is recommended that the City Council authorize:
(1) An agreement with TCF National Bank for a 60-month lease term for 188 golf carts in an amount
up to $550,000.00, with an option to purchase at the end of the term; and
(2) An agreement withTextron, Inc. d/b/a E-Z-GO for warranty, maintenance, and repair services of
the 188 golf carts in an amount up to $225,000.00 for the Park and Recreation Department.
DISCUSSION:
The Park and Recreation Department approached the Purchasing Division to procure an annual
agreement for golf cart leasing, maintenance, and repairs. The 188 golf carts will be rented to patrons and
utilized by golf course staff at the Pecan Valley and Meadowbrook Golf Courses. In order to procure these
services, Purchasing issued a Request for Proposal (RFP) consisting of detailed specifications including
the requirements of leasing, maintenance and repair services, add-ons, functionality, and features for the
golf carts.
ADVERTISING - This RFP was advertised in the Fort Worth Star-Telegram on July 22, 2020, July 29,
2020 and August 5, 2020. The City received two bids.
Yamaha Golf Car Company was deemed nonresponsive to the specifications by Purchasing Division due
to them submitting an incomplete bid response.
Bids were evaluated on best value criteria including leasing terms, warranty, experience, delivery, adding
value for availlable cart options, maintenance service, and total cost. Staff from the Park and Recreation
and Financial Management Services Departments evaluated the proposals submitted.
Textron, Inc. d/b/a E-Z-GO ("Textron") submitted a bid that included a 60-month lease term to be financed
through TCF National Bank ("TCF") at a rate of 3.75\%, which was the lowest rate received in the RFP.
As part of the proposal, Textron would sell the golf carts to TCF, who would then enter into an agreement
with the City to lease the golf carts for the above-stated term in the amount up to $550,000.00
($110,000.00 annually). The City would enter into a separate agreement with Textron for warranty
services and annual maintenance and repairs (not included in the warranty) in the amount up
to $225,000.00 ($45,000.00 annually) for the term of the lease. Staff recommends entering into
agreements with Textron and TCF for a 60-month lease term.
An administrative change order or increase may be made by the City Manager up to the amount allowed
by relevant law and the Fort Worth City Code and does not require specific City Council approval as long
as sufficient funds have been appropriated.
A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division
and approved by the M/WBE Office, in accordance with the BDE Ordinance, because the purchase of
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28264&councildate=9/22/2020[10/15/2020 3:31:42 PM]
M&C Review
goods or services is from sources where subcontracting or supplier opportunities are negligible.
Upon City Council approval, the contract shall begin on execution and end 60 months from execution
date.
Pecan Valley Golf Course is located in COUNCIL DISTRICT 3 and Meadowbrook Golf Course is located
in COUNCIL DISTRICT 4.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation and adoption of the
Fiscal Year 2021 Budget by the City Council, funds will be available in the Fiscal Year 2021 operating
budget, as appropriated, in the Municipal Golf Fund. Prior to an expenditure being incurred, the Park &
Recreation Department has the responsibility to validate the availability of funds.
BQN\\
TO
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year I (ChartField 2)
FROM
Fund Department Account Project Program Activity Budget Reference# Amount
ID ID Year (ChartField 2)
Submitted for City Manager's Office by: Jesus J. Chapa (5804)
Valerie Washington (6192)
Originating Department Head: Reginald Zeno (8517)
Additional Information Contact: Cynthia Garcia (8285)
A'ja Robertson (8585)
ATTACHMENTS
http://apps.cfwnet.org/council_packet/mc review.asp?ID=28264&councildate=9/22/2020[10/15/2020 3:31:42 PM]