HomeMy WebLinkAboutContract 42136 Page 1 of 3 CITY SECRETARY; lal3 � CSA0906
CONTRACT "I
NO.
CONDITIONAL SALE AGREEMENT
CONDITIONAL SALE AGREEMENT dated as of July 11,2011 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 OTHER T
purchaser all of the tangible personal property listed on the �A/ARRAAITV AC QC(ll IIRC^ nMiil AND Fa �
Equipment Schedule executed pursuant to this Agreement ^"PP"961. PROVIDE-® ^' ' "
(with respect to any Equipment Schedule, hereinafter called G6T� WARRANTY, EXFRfRESS^€rB����Tt
the"Equipment"). II.IGI I IfIIIN IG RI IT SIQTe;�Aj R`I� Fl EttVh'7�1T PI,�Ta
SA/ARRAAITICC QF P46RG 1AI.ITn X11 ITV ARC'
ID CITAICC
2. TERM. The term of this Agreement shall commence I �hSE_5 'A
on the date set forth above and shall continue in effect t �lslklT` � INGIDEPITA11
T—T YF-fE/EI'rr flf-'�B FCSI FIf� �E
thereafter so long as the Equipment Schedule entered into r-/IAICC(l,IC�ITIA, nne4An� 60��
pursuant to this Agreement remains in effect OI FFC6"n o11, G_,IQT=QP11 R QR AAV ,me
, Tlon onRTv. No
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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"). Allo and Purchaser hereby authorizes Seller or its agent or assigns
aFe the sale Faspen-i"ity of 0--h— 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,whole of
4.2 Warranty and Disclaimer of Warranties. Seller paA, without Purchaser's consent.
warrants to Purchaser that FrhaseF e I not be
in default of any of the r nc*�onsMof the aeRJ ipment
Schedule. neither Seller n j� disturb
Purchaser's quiet and peacH&yeccioctia€4 kqi ment ( )
1. CVt(C�A c
i
I FT. WORTH, TX
,s3-1 6- 1 1 P!i4 : "13 1 N
Page 2 of 3 CSA0906
6. TAXES AND FEES.
damagas� 16S888 and liabilities
6.1 Taxes and Fees.Purchaser shall take title to
equipment On delivery and shall be responsible for all property, the
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 an governmental authority at any time. At no
point shall Seller have title to the equipment, nor shall Seller damage to PFOP80y. RisiFohasoF agrees to gik,@=S4Hw
bear liability or responsibility for any tax or similar charge or
fee imposed or assessed on or against a title holder of the
equipment. In the event Seller is required to pay any tax or 11. RISK OF LOSS. Seller and Purchaser agree
similar charge or fee due from Seller as title holder, Purchaser Purchaser shall bear the entire risk of loss,theft, destruction or
agrees to reimburse, indemnify, and hold harmless Seller from damage to the vehicles from any cause whatsoever and shall
and against all such taxes, fees or other similar charges not be relieved of the obligation to pay the total of the monthly
(together with any related interest or penalties thereon). payments or any other obligation hereunder because of any
such occurrence. Purchaser further agrees to insure
7. CARE, USE AND MAINTENANCE; ALTERATIONS Equipment for full value and to cause Purchaser's insurance
AND ATTACHMENTS. carrier to provide Seller with loss payee certificate of
insurance.
7.1 Care, Use and Maintenance.
Purchaser shall, at its sole expense, at all times 12. DEFAULT. The occurrence of any one or more
during the term of the Equipment Schedule, keep the of the following events (herein called "Events of Default") shall
Equipment clean, serviced and maintained in good operating constitute a default under the Equipment Schedule:
order, repair, condition and appearance in accordance with
Seller's manuals and other instructions received from Seller. (a) Default by Purchaser the payment of any installment
or other charge payable by Purchaser under the Equipment
7.2 Alterations and Attachments. Purchaser Schedule as and when the same becomes due and payable;
may, with Seller's prior written consent, make such cosmetic or
modifications to the Equipment as Purchaser may deem
desirable in the conduct of its business; provided, however, (b) Default by Purchaser in the performance of any other
that such alterations shall not diminish the value or utility of the material term, covenant or condition of the Equipment
Equipment, or cause the loss of any warranty thereon or any Schedule or the inaccuracy in any material respect of any
certification necessary for the maintenance thereof, and representation or warranty made by the Purchaser in the
provided, further, that such modification shall be removable Equipment Schedule, this Agreement, or in any document or
without causing damage to the Equipment. certificate furnished to the Seller in connection therewith,
which default or inaccuracy shall continue for a period of 10
8. REPRESENTATIONS AND WARRANTIES OF days after notice.
PURCHASER. Purchaser hereby represents that with
respect to the Agreement and Equipment Schedule: 13. REMEDIES. Upon the occurrence of any one or
more Events of Default, Seller, at its option: 1) may proceed
(a) The execution, delivery and performance thereof by by appropriate court action or actions either at law or in equity
the Purchaser have been duly authorized by all necessary to enforce performance by Purchaser of the applicable
corporate action. covenants and terms of the applicable Equipment Schedule, or
to recover from Purchaser any and all damages or expenses,
(b) The individual executing such was duly authorized to including reasonable attorney's fees, which Seller shall have
do so. sustained by reason of Purchaser's default in any covenant or
covenants of the applicable Equipment Schedule or on
(c) The Agreement and the Equipment Schedule account of Seller's enforcement of its remedies thereunder; or
constitute legal, valid and binding agreements of the 2) retake immediate possession of the Equipment, dispose of
Purchaser enforceable in accordance with their respective such Equipment in accordance with the provisions of the
terms. Uniform Commercial Code as enacted in TEXAS, and collect
for any deficiency as a result of the disposal of the Equipment
(d) The Equipment is personal property and when by Seller together with all reasonable attorneys fees and costs
subjected to use by the Purchaser will not be or become incurred by Seller during the disposal of such merchandise.
fixtures under applicable law.
14. MISCELLANEOUS.
9. DELIVERY OF EQUIPMENT. hase.- r
14.1 No Waiver. No omission or delay by Seller at
any time to enforce any right or remedy reserved to it, or to
thweat -1 the The Purchase prices includes free require performance of any of the terms, covenants or
on board delivery provisions hereof by Purchaser at any time designated, shall
be a waiver of any such right or remedy to which Seller is
10. entitled, no shall it in any way affect the right of Seller to
enforce such provisions thereafter.
Page 3 of 3 CSA0906
14.2 Binding Nature. The Equipment Schedule shall be 14.6 Registration and License. Purchaser shall
binding upon, and shall inure to the benefit of Seller, perform and pay for the titling, registration and licensing (if
Purchaser and their respective successors, legal required by applicable law) of any items or Equipment in the
representatives and assigns. Purchaser's name and all inspections of such items of
Equipment which may be required by any governmental
14.3 Notices.Any notice, request or other communication authority unless such fees and taxes shall be included in the
to either party by the other as provided for herein shall be payment as shown on the Equipment Schedule applicable to
given in writing and only shall be deemed received upon the any such items of Equipment.
earlier of receipt or three days after mailing if mailed postage
prepaid by regular or airmail to Seller or Purchaser, as the 14.7 Involuntary transfer Constitutes Default.
case may be, at the address for such party set forth in this Purchaser shall not create, incur, assume or suffer to exist any
Agreement or at such changed address as may be mortgage, lien, pledge or other encumbrance or attachment of
subsequently submitted by written notice of either party. any kind whatsoever upon, affecting, or with respect to the
Equipment or of Seller's interest thereunder.
14.4 Severability. In the event any one or more of the
provisions of this Agreement and/or the Equipment Schedule 14.8 Statute of Limitations. Any action by
shall for any reason be prohibited or unenforceable in any Purchaser against Seller for any default by Seller under this
jurisdiction, any such provision shall, as to such jurisdiction, be Agreement, including breach of warranty or indemnity, shall be
ineffective to the extent of such prohibition or unenforceability commenced within one year after any such cause of action
without invalidating the remaining provisions hereof, any such accrues.
prohibition or unenforceability in any jurisdiction shall not
invalidate or render unenforceable such provision in any other 14.9 Entire Agreement. Seller and Purchaser
jurisdiction. acknowledge that there are no agreements or understandings,
written or oral, between Seller and Purchaser with respect to
14.5 Counterparts. This Agreement and the Equipment the Equipment, other then as set forth herein and in each
Schedule may be executed in any number of counterparts, Equipment Schedule and that this Agreement and the
each of which shall be deemed an original, but all such Equipment Schedule contains the entire Agreement between
counterparts together shall constitute but one and the same Seller and Purchaser with respect thereto. Neither this
instrument. Agreement nor the Equipment Schedule may be altered,
modified, terminated or discharged except by a writing signed
by the party against whom such alteration, modification,
termination or discharge is sought.
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 YAMAHA MOTOR CORPORATION, U.S.A.
oce�By: By: dal-114`
Name: Name: Takashi Yabusaki
Title: AS5� �( , a� Title: Vice President/Treasurer
APPROVED AS TO J
RyfA D LEGALITY:
A ISTPAT CITY ATTORNEY
A10panQCO �� � OFF5 .
iAL RECORD
a0 °° ,Atteed by: ,�a
CITY SECRETARY
}'° G ZT WORTH, TX
Marty Hendri , *,tv �} y' . ��;'
UOIN1)11 101NAL SALT: EXH11H 1 A
EQUIPMENT SCHEDULE# 99804
Dated Julv 11,2011
1. This Schedule covers the following property("Equipment"):
9 YT2E 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 August 15,2011 and shall
consist of 48 months from the first day of the month following said date.
4. The down payment of the Equipment shall be S $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
48 MONTHLY PAYMENTS IN THE AMOUNT OF$1,013.42(APPLICABLE TAXES TO BE BILLED).
STARTING AUGUST 2011 AND ENDING JULY 2015. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Aug-11$1,013.42 Jan-12$1,013.42 Jan-13$1,013.42 Jan-14$1,013.42 Jan-15$1,013.42
Sep-11$1,013.42 Feb-12$1,013.42 Feb-13$1,013.42 Feb-14$1,013.42 Feb-15$1,013.42
Oct-11$1,013.42 Mar-12$1,013.42 Mar-13$1,013.42 Mar-14$1,013.42 Mar-15$1,013.42
Nov-11$1,013.42 Apr-12$1,013.42 Apr-13$1,013.42 Apr-14$1,013.42 Apr-15$1,013.42 r°s nn
Dec-11$1,013.42 May-12$1,013.42 May-13$1,013.42 May-14$1,013.42 May-15$1,013.42 OFFICIAL RECORD
Jun-12$1,013.42 Jun-13$1,013.42 Jun-14$1,013.42 Jun-15$1,013.42 y
Jul-12$1,013.42 Jul-13$1,013.42 Jul-14$1,013.42 3ul-15$1,013.42 CITY SEC ` e
Aug-12$1,013.42 Aug-13$1,013.42 Aug-14$1,013.42
Sep-12$1,013.42 Sep-13$1,013.42 Sep-14$1,013.42FTS ®R� ;
Oct-12$1,013.42 Oct-13$1,013.42 Oct-14$1,013.42
TX
Nov-12$1,013.42 Nov-13$1,013.42 Nov-14$1,013.42 —
Dec-12$1,013.42 Dec-13$1,013.42 Dec-14$1,013.42
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $13,500.00
7. Other Terms:
Interest Factor: 4.792 %
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
This Equipment Schedule is entered into pursuant to Seller's accepted bid under RFP CFF; RFP # 11-0220
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
Agreement,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 July 11,2011
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 OF FORT WORTH YAMAHA MOTOR CORPORATION, U.S.A.
By: AL0 By: - / .
Signature
Signature
k Name L'SU11 tS Name: laka,hi Yahusa4 i
- -— -
I ype or Print I ype or Print
1 itle. 5� C, M C%}/, - - title: ire Presi�lenL I r�a,urri
7� -— - -
(-UINLPI 11V1NAL NAI h 1 XHIIS11 A
EQUIPMENT SCHEDULE# 99803
Dated July 11,2011
1. This Schedule covers the following property("Equipment"):
4 FAIRWAY LOUNGE 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 Aueust 15,2011 and shall
consist of 48 months from the first day of the month following said date.
4. The down payment of the Equipment shall be S $0.00
5. Payments on the Equipment shall be due on the following schedule.
Schedule of Payments:
48 MONTHLY PAYMENTS IN THE AMOUNT OF$699.27(APPLICABLE TAXES TO BE BILLED).
STARTING AUGUST 2011 AND ENDING JULY 2015. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Aug-11$699.27 Jan-12$699.27 Jan-13$699.27 3an-14$699.27 Jan-15$699.27
Sep-11$699.27 Feb-12$699.27 Feb-13$699.27 Feb-14$699.27 Feb-15$699.27
Oct-11$699.27 Mar-12$699.27 Mar-13$699.27 Mar-14$699.27 Mar-15$699.27 py
Nov-11$699.27 Apr-12$699.27 Apr-13$699.27 Apr-14$699.27 Apr-15$699.27 OFFICIAL RECORD
Dec-11$699.27 May-12$699.27 May-13$699.27 May-14$699.27 May-15$699.27
Jun-12$699.27 3un-13$699.27 Jun-14$699.27 Jun-15$699.27 CITY SECRETARY
3ul-12$699.27 3ul-13$699.27 Jul-14$699.27 Jul-15$699.27 TX�/
Aug-12$699.27 Aug-13$699.27 Aug-14$699.27 FT.WORTH, TX
Sep-12$699.27 Sep-13$699.27 Sep-14$699.27
Oct-12$699.27 Oct-13$699.27 Oct-14$699.27
Nov-12$699.27 Nov-13$699.27 Nov-14$699.27
Dec-12$699.27 Dec-13$699.27 Dec-14$699.27
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $10,400.00
7. Other Terms:
Interest Factor: 4.792 %
Yamaha is not obligated to perform or provide any service, under any circumstances under the terms of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
This Equipment Schedule is entered into pursuant to Seller's accepted bid under RFP CFW RFP # 11-0220
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
Agreement,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 July 11,2011
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 OF FORT WORTH YAMAHA MOTOR CORPORATION U.S.A.
7 x By: �- By.
ignature Signature
Ix Name L'A,) (1I11S Name Iakashi Yahusaki
Type or Print Type or Print
Title_
,- 1 Title: Vice Pr�sidenL Irc�i,ur�r
---
LU1Vll111UINAL NALL', EXHItS11 A
EQUIPMENT SCHEDULE# 99802
Dated Julv 11,2011
1. This Schedule covers the following property("Equipment"):
248 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 Aueust 15,2011 and shall
consist of 48 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:
48 MONTHLY PAYMENTS IN THE AMOUNT OF$14,091.58(APPLICABLE TAXES TO BE BILLED).
STARTING AUGUST 2011 AND ENDING JULY 2015. DUE THE 15TH DAY OF THE MONTH AS FOLLOWS:
Aug-11$14,091.58 ]an-12$14,091.58 3an-13$14,091.58 Jan-14$14,091.58 Jan-15$14,091.58
Sep-11$14,091.58 Feb-12$14,091.58 Feb-13$14,091.58 Feb-14$14,091.58 Feb-15$14,091.58
Oct-11$14,091.58 Mar-12$14,091.58 Mar-13$14,091.58 Mar-14$14,091.58 Mar-15$14,091.58 �+ A
Nov-11$14,091.58 Apr-12$14,091.58 Apr-13$14,091.58 Apr-14$14,091.58 Apr-15$14,091.58 OFFICIAL ALCORD
Dec-11$14,091.58 May-12$14,091.58 May-13$14,091.58 May-14$14,091.58 May-15$14,091.58 CITY
Jun-12$14,091.58 ]un-13$14,091.58 3un-14$14,091.58 ]un-15$14,091.58 CIT A SECRETARY
3ul-12$14,091.58 Jul-13$14,091.58 Jul-14$14,091.58 Jul-15$14,091.58 ,
Aug-12$14,091.58 Aug-13$14,091.58 Aug-14$14,091.58 FT.WVp�R TX
Sep-12$14,091.58 Sep-13$14,091.58 Sep-14$14,091.58
Oct-12$14,091.58 Oct-13$14,091.58 Oct-14$14,091.58
Nov-12$14,091.58 Nov-13$14,091.58 Nov-14$14,091.58
Dec-12$14,091.58 Dec-13$14,091.58 Dec-14$14,091.58
6. The final purchase price for the purchase of the Equipment at the expiration of this Agreement shall be $322,400.00
7. Other Terms:
Interest Factor: 4.792 %
Yamaha is not obligated to perform or provide any service,under any circumstances under the terms of this contract. Service is the
responsibility of the Purchaser. Failure by Purchaser to maintain or service the equipment consistent with the terms of the Master
Agreement shall not relieve Purchaser of the responsibility under the Master Agreement.
This Equipment Schedule is entered into pursuant to Seller's accepted bid under RFP CF[v I'_FF 4/ 11-0220
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
Agreement,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 July 11,2011
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 OF FORT WORTH YAMAHA
�MOTOR
QCORPORATION, U.S.A.
By: By
Signature
Signature
r
k Name- _�VSb[l ��( I S Name. I akashi Yahusak
Type or Print Type or Print
+ AAS =
T HwiHnH iviU i UK LUKVUKA I IUN, U.Q.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: July 11, 2011
--1U�-ill. "_knwRL � 6 -- -
'.ADDRESS: L%A,� STWT. 51R C-S"T)
w302 Please Reference our Quote# 99802
kPHONE: - �K 11 `IL) 16 2 -
FAX: --c),�>Io
RE: - VARIOUS LOCATIONS (Customer)Account#
Gentlemen:
The Customer has purchased and will be financing equipment from Yamaha.
The 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.
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 OFFICIAL.. i :. :JRD
6555 Katella Ave
Cypress, CA 90630 CITY&FCOIETARY
FT. I r.-4'`T 4, TX
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered: CITY OF FORT WORTH
248 YDRE GOLF CARS (Name of Debtor)
n By5;4L, <::)�z:�2, —
Equipment Location: (Signature of A(thorized Officer)
VARIOUS LOCATIONS
FORT WORTH, TX 76115 x Title
T imvu' niA iviu 1 VK I, umrumA i iuN, 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
' NAME OF INSURANCE AGENT: July 11, 2011
ADDRESS:
ti4q 'JW `j 6 jol Please Reference our Quote# 99803
PHONE:
FAX:
RE: - VARIOUS LOCATIONS (Customer) Account#
Gentlemen:
The Customer has purchased and will be financing equipment from Yamaha.
The 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.
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 OFFICIAL RECORD
6555 Katella Ave CITY SEURETARY
Cypress, CA 90630
FT.W®V41 , 'TX
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered: CITY OF FORT WORTH
4 FAIRWAY LOUNGE GOLF CARS (Name of Debtor)
)4\ By:
Equipment Location: (Signature of Kuthorized Officer)
VARIOUS LOCATIONS
XTitle +
FORT WORTH, TX 76115
YHIVIHI-1H iViv I UM L VMr-UMK 1 1UN, U.0.1►.
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: July 11, 2011
ADDRESS: T,*r `�TW SU O C'5-b
� �U2 Please Reference our Quote# 99804
>CPHONE: - ZU
)4FAX:
RE: VARIOUS LOCATIONS (Customer)Account#
Gentlemen:
The Customer has purchased and will be financing equipment from Yamaha.
The 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.
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. OFFICIAL RECOR
Attn: Commercial Customer Finance
6555 Katella Ave CITY SECRETARI
Cypress, CA 90630 FT. WORTH, TV
Your Prompt attention will be appreciated. Very Truly Yours,
Equipment Covered: CITY OF FORT WORTH
9 YT2E GOLF CARS (Name of Debtor)
n By:
Equipment Location: (Signature of Authorized Officer)
VARIOUS LOCATIONS
FORT WORTH, TX 76115 Title
4"MAHA
City of Fort Worth Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALIT
CONDITIONAL SALE CONTRACT
PURCHASER: City of Fort Worth
EQUIPMENT SCHEDULE # 99802
Yield: 4.792%
Due Principal
Mon # Date Payment Interest Adiustment Balance
Total Financed........... 883.128.00
1 08/15/11 14.091.58 3.413.98 10.677.60 872.450.40
2 09/15/11 14.091.58 3.372.71 10.718.87 861.731.53
3 10/15/11 14.091.58 3.331.27 10.760.31 850.971.22
4 11/15/11 14.091.58 3.289.67 10.801.91 840.169.31
5 12/15/11 14.091.58 3.247.92 10.843.66 829.325.65
6 01/15/12 14.091.58 3.206.00 10.885.58 818.440.07
7 02/15/12 14.091.58 3.163.91 10.927.67 807.512.40
8 03/15/12 14.091.58 3.121.67 10.969.91 796.542.49
9 04/15/12 14.091.58 3.079.26 11.012.32 785.530.17
10 05/15/12 14.091.58 3.036.69 11.054.89 774.475.29
11 06/15/12 14.091.58 2.993.96 11.097.62 763.377.66
12 07/15/12 14.091.58 2.951.06 11.140.52 752.237.14
13 08/15/12 14.091.58 2.907.99 11.183.59 741.053.55
14 09/15/12 14.091.58 2.864.75 11.226.83 729.826.72
15 10/15/12 14.091.58 2.821.35 11.270.23 718.556.49
16 11/15/12 14.091.58 2.777.79 11.313.79 707.242.70
17 12/15/12 14.091.58 2.734.05 11.357.53 695.885.17
18 01/15/13 14.091.58 2.690.14 11.401.44 684.483.73
19 02/15/13 14.091.58 2.646.07 11.445.51 673.038.22
20 03/15/13 14.091.58 2.601.82 11.489.76 661.548.46
21 04/15/13 14.091.58 2.557.41 11.534.17 650.014.29
22 05/15/13 14.091.58 2.512.82 11.578.76 638.435.53
23 06/15/13 14.091.58 2.468.06 11.623.52 626.812.00
24 07/15/13 14.091.58 2.423.12 11.668.46 615.143.54
25 08/15/13 14.091.58 2.378.01 11.713.57 603.429.98
26 09/15/13 14.091.58 2.332.73 11.758.85 591.671.13
27 10/15/13 14.091.58 2.287.27 11.804.31 579.866.82
28 11/15/13 14.091.58 2.241.64 11.849.94 568.016.88
29 12/15/13 14.091.58 2.195.83 11.895.75 556.121.14
30 01/15/14 14.091.58 2.149.85 11.941.73 544.179.40
31 02/15/14 14.091.58 2.103.68 11.987.90 532.191.50
32 03/15/14 14.091.58 2.057.34 12.034.24 520.157.26
33 04/15/14 14.091.58 2.010.82 12.080.76 508.076.50
34 05/15/14 14.091.58 1.964.12 12.127.46 495.949.03
35 06/15/14 14.091.58 1.917.23 12.174.35 483.774.69
36 07/15/14 14.091.58 1.870.17 12.221.41 471.553.28
37 08/15/14 14.091.58 1.822.92 12.268.66 459.284.62
38 09/15/14 14.091.58 1.775.50 12.316.08 446.968.54
39 10/15/14 14.091.58 1.727.88 12.363.70 434.604.84
40 11/15/14 14.091.58 1.680.09 12.411.49 422.193.35
41 12/15/14 14.091.58 1.632.11 12.459.47 409.733.88
42 01/15/15 14.091.58 1.583.94 12.507.64 397.226.24
43 02/15/15 14.091.58 1.535.59 12.555.99 384.670.26
44 03/15/15 14.091.58 1.487.05 12.604.53 372.065.73
45 04/15/15 14.091.58 1.438.33 12.653.25 359.412.48
46 05/15/15 14.091.58 1.389.41 12.702.17 346.710.31
47 06/15/15 14.091.58 1.340.31 12.751.27 333.959.04
48 07/15/15 14,091.58 1,291.01 12,800.57 321,158.47
Totals: 676,395.84 114,426.31 561,969.53
y� \
Q,e YAMAHA
City of Fort Worth Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPA TY
CONDITIONAL SALE CONTRACT
PURCHASER: Citv of Fort Worth
EQUIPMENT SCHEDULE # 99803
Yield: 4.792%
Due Principal
Mon # Date Payment Interest Ad'ustment Balance
Total Financed........... 39.200.00
1 08/15/11 699.27 151.18 548.09 38.651.91
2 09/15/11 699.27 149.07 550.20 38.101.71
3 10/15/11 699.27 146.95 552.32 37.549.38
4 11/15/11 699.27 144.82 554.45 36.994.93
5 12/15/11 699.27 142.68 556.59 36.438.34
6 01/15/12 699.27 140.53 558.74 35.879.60
7 02/15/12 699.27 138.38 560.89 35.318.70
8 03/15/12 699.27 136.21 563.06 34.755.64
9 04/15/12 699.27 134.04 565.23 34.190.42
10 05/15/12 699.27 131.86 567.41 33.623.01
11 06/15/12 699.27 129.67 569.60 33.053.41
12 07/15/12 699.27 127.48 571.79 32.481.61
13 08/15/12 699.27 125.27 574.00 31.907.61
14 09/15/12 699.27 123.06 576.21 31.331.40
15 10/15/12 699.27 120.83 578.44 30.752.97
16 11/15/12 699.27 118.60 580.67 30.172.30
17 12/15/12 699.27 116.36 582.91 29.589.39
18 01/15/13 699.27 114.12 585.15 29.004.24
19 02/15/13 699.27 111.86 587.41 28.416.83
20 03/15/13 699.27 109.59 589.68 27.827.15
21 04/15/13 699.27 107.32 591.95 27.235.20
22 05/15/13 699.27 105.04 594.23 26.640.97
23 06/15/13 699.27 102.75 596.52 26.044.45
24 07/15/13 69927 100.44 598.83 25.445.62
25 08/15/13 699.27 98.14 601.13 24.844.49
26 09/15/13 699.27 95.82 603.45 24.241.03
27 10/15/13 699.27 93.49 605.78 23.635.25
28 11/15/13 699.27 91.15 608.12 23.027.14
29 12/15/13 699.27 88.81 610.46 22.416.67
30 01/15/14 699.27 86.45 612.82 21.803.86
31 02/15/14 699.27 84.09 615.18 21.188.68
32 03/15/14 699.27 81.72 617.55 20.571.12
33 04/15/14 699.27 79.34 619.93 19.951.19
34 05/15/14 699.27 76.94 622.33 19.328.87
35 06/15/14 699.27 74.54 624.73 18.704.14
36 07/15/14 699.27 72.14 627.13 18.077.01
37 08/15/14 699.27 69.72 629.55 17.447.45
38 09/15/14 699.27 67.29 631.98 16.815.47
39 10/15/14 699.27 64.85 634.42 16.181.05
40 11/15/14 699.27 62.40 636.87 15.544.19
41 12/15/14 699.27 59.95 639.32 14.904.87
42 01/15/15 699.27 57.48 641.79 14263.08
43 02/15/15 699.27 55.01 644.26 13.618.82
44 03/15/15 699.27 52.52 646.75 12.972.07
45 04/15/15 699.27 50.03 649.24 12.322.83
46 05/15/15 699.27 47.52 651.75 11.671.09
47 06/15/15 699.27 45.01 654.26 11.016.83
48 07/15/15 699.27 42.49 656.78 10,360.04
Totals: 33,564.96 4,725.00 28,839.96
4, YAMAHA
City of Fort Worth Initialed By:
AMORTIZATION SCHEDULE FOR MUNICIPALITY
CONDITIONAL SALE CONTRACT
PURCHASER: City of Fort Worth
EQUIPMENT SCHEDULE # 99804
Yield: 4.792%
Due Principal
Mon # Date Payment Interest Adjustment Balance
Total Financed ........... 55.512.00
1 08/15/11 1.013.42 213.98 799.44 54.712.56
2 09/15/11 1.013.42 210.90 802.52 53.910.04
3 10/15/11 1.013.42 207.80 805.62 53.104.42
4 11/15/11 1.013.42 204.70 808.72 52.295.70
5 12/15/11 1.013.42 201.58 811.84 51.483.86
6 01/15/12 1.013.42 198.45 814.97 50.668.89
7 02/15/12 1.013.42 195.31 818.11 49.850.78
8 03/15/12 1.013.42 192.16 821.26 49.029.52
9 04/15/12 1.013.42 188.99 824.43 48.205.09
10 05/15/12 1.013.42 185.81 827.61 47.377.48
11 06/15/12 1.013.42 182.62 830.80 46.546.69
12 07/15/12 1.013.42 179.42 834.00 45.712.69
13 08/15/12 1.013.42 176.21 837.21 44.875.47
14 09/15/12 1.013.42 172.98 840.44 44.035.03
15 10/15/12 1.013.42 169.74 843.68 43.191.35
16 11/15/12 1.013.42 166.49 846.93 42.344.42
17 12/15/12 1.013.42 163.22 850.20 41.494.22
18 01/15/13 1.013.42 159.95 853.47 40.640.75
19 02/15/13 1.013.42 156.66 856.76 39.783.98
20 03/15/13 1.013.42 153.35 860.07 38.923.92
21 04/15/13 1.013.42 150.04 863.38 38.060.53
22 05/15/13 1.013.42 146.71 866.71 37.193.82
23 06/15/13 1.013.42 143.37 870.05 36.323.77
24 07/15/13 1.013.42 140.02 873.40 35.450.37
25 08/15/13 1.013.42 136.65 876.77 34.573.60
26 09/15/13 1.013.42 133.27 880.15 33.693.45
27 10/15/13 1.013.42 129.88 883.54 32.809.90
28 11/15/13 1.013.42 126.47 886.95 31.922.95
29 12/15/13 1.013.42 123.05 890.37 31.032.58
30 01/15/14 1.013.42 119.62 893.80 30.138.78
31 02/15/14 1.013.42 116.17 897.25 29.241.54
32 03/15/14 1.013.42 112.72 900.70 28.340.83
33 04/15/14 1.013.42 109.24 904.18 27.436.66
34 05/15/14 1.013.42 105.76 907.66 26.529.00
35 06/15/14 1.013.42 102.26 911.16 25.617.84
36 07/15/14 1.013.42 98.75 914.67 24.703.16
37 08/15/14 1.013.42 95.22 91820 23.784.96
38 09/15/14 1.013.42 91.68 921.74 22.863.23
39 10/15/14 1.013.42 88.13 925.29 21.937.94
40 11/15/14 1.013.42 84.56 928.86 21.009.08
41 12/15/14 1.013.42 80.98 932.44 20.076.64
42 01/15/15 1.013.42 77.39 936.03 19.140.61
43 02/15/15 1.013.42 73.78 939.64 18.200.97
44 03/15/15 1.013.42 70.16 943.26 17.257.71
45 04/15/15 1.013.42 66.52 946.90 16.310.81
46 05/15/15 1.013.42 62.87 950.55 15.360.26
47 06/15/15 1.013.42 59.21 954.21 14.406.05
48 07/15/15 1,013.42 55.53 957.89 13,448.16
Totals: 48,644.16 6,580.32 42,063.84
O " MAHA
July 13, 2011
City of Fort Worth
4200 South Freeway, Suite 42200
Fort Worth, TX 76115
Re: PURCHASE ORDER—Equipment Schedule 999802, 99803, 99804
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.
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/9/2011
DATE: Tuesday,August 09, 2011 REFERENCE NO.: P-11276
LOG NAME: 13P11-0220 GOLF CARS EJH
SUBJECT:
Authorize Execution of a Long—Term Lease Agreement with Yamaha Motor Corporation, U.S.A., for Golf
and Utility Cars and Execution of Seasonal Rental and Service Agreements with Yamaha Golf—Car Company
for the Parks and Community Services Department for a Combined Total Amount of$254,000.00 for the First
Year(COUNCIL DISTRICTS 2, 3, 4, and 8)
RECOMMENDATION:
It is recommended that the City Council authorize execution of a long—term lease Agreement with Yamaha
Motor Corporation, U.S.A. for golf and utility cars and seasonal rental and service Agreements with Yamaha
Golf—Car Company for the Parks and Community Services Department for a combined total amount of
$254,000.00 for the first year,with payments due 30 days after the receipt of the invoices.
DISCUSSION:
Staff recommends a long—term lease with Yamaha Motor Corporation, U.S.A. for golf and utility cars and
seasonal rental and service Agreements with Yamaha Golf—Car Company for the Parks and Community
Services Department based on the low bid unit prices as listed below.
Quantity and Description Monthly/Unit 48 Month
Price Total
Lease of 188 Golf Cars $10,682.16 $512,743.68
Lease of 60 Golf Cars with Tow Bar $3,409.20 $163,641.60
Lease of 9 Utility Cars $1,013.40 $48,643.20
Lease of 4 Full Beverage Cars $699.28 $33,565.44
Rental of 30 Golf Cars for Peak Period $1,950.00 $54,600.00*
Extended Warranty If Available N/A N/A
Labor During Regular Hours as Needed – Estimated 300 Hours $65.00/Hour $19,500.00
Over 48 Month Lease Period
Labor Overtime Hours as Needed—Estimated 20 Hours Over 48 Month $65.00/Hour $1,300.00
Lease Period
One Time Trip Charge for Repairs as Needed (Estimated 20 total one time$58.00 $1,160.00
trips)
Repair Parts (Estimated Expenditures) $210.00 $10,080.00
Rental of Golf Cars for Z. Boaz (month—to—month) $3,525.00 $42,300.00**
* 36 Month Total (April 1 thru October 31 for four years)
** 12 Month Total
The Parks and Community Services Department(PACS),Municipal Golf Division will use these Agreements
to lease and service golf and utility cars that will be rented to patrons and utilized by golf course staff at most
of the City golf courses. A 48—month lease with sell—back option will be executed with Yamaha Motor
Corporation. U.S.A. A seasonal rental agreement for additional cars to meet increased demand between April
and October and a service agreement for all of the cars will be executed with Yamaha Golf—Car Company to
provide seasonal vehicles, obtain repairs, maintenance, and parts not covered under the standard
manufacturer's warranty. Future years costs will be approximately$211,000.00 per year.
During the previous year, revenue of$1,323,751.00 was generated from golf car rental fees for the Golf
Enterprise Fund.
The Invitation to Bid(ITB)consisted of detailed specifications describing the minimum requirements of the
golf and utility cars. PACS evaluated the bids and the demonstration golf cars submitted and concluded that
Yamaha presented the lowest bid meeting the specifications of this ITB.
BID ADVERTISEMENT: This bid was advertised in the Fort Worth Star—Telegram on May 25, 2011 and
June 1, 2011.The Purchasing Division solicited 361 vendors from the City's purchasing database system;
four bids were received.
BID TABULATION: See attached bid tabulation.
PRICE ANALYSIS —The unit price for the golf,beverage, and utility cars has increased by five percent
from the previous unit price approved by the City Council on May 20, 2008 (M&C P-10784(Revised)). The
increase in price is due to increased manufacturing costs and higher cost for shipping. Staff has reviewed
prices received from the low bidder and considers them fair and reasonable.
AGREEMENT TERM —Upon the City Council's approval, these agreements shall begin August 15, 2011
and expire on August 14, 2015.
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.
Because of the on—going operational evaluation process related to Z. Boaz Golf Course,golf and utility cars
for that course will be rented from Yamaha Golf—Car Company on a month—to—month basis using a separate
Agreement. PACS will rent 55 golf cars and three utility cars for Z. Boaz for a total of$3,525.00 per month,
which equates to an annual cost of$42,300.00. Because operational concerns necessitate a different approach
for that course, the dollar amounts in this M&C only reflect the expense of providing cars for a single year
during the evaluation process. If the decision is made to continue operating Z. Boaz,another M&C will be
brought forward seeking authority for a long—term agreement for that course as well.
Golf courses are classified as Citywide Special Use Facilities. Meadowbrook Golf Course is located in
COUNCIL DISTRICT 4,Pecan Valley Golf Course is located in COUNCIL DISTRICT 3, Rockwood Golf
Course is located in COUNCIL DISTRICT 2 and Sycamore Creek Golf Course is located in COUNCIL
DISTRICT 8.
FISCAL INFORMATION:
The Financial Management Services Director certifies that funds are available in the current operating
budget, as appropriated, of the Municipal Golf Fund.
BQN\l 1-0220TJH
FUND CENTERS:
TO Fund/Account/Centers FROM Fund/Account/Centers
PE39 531510 0804110 $338.36
PE39 531510 0804120 $6.704.60
PE39 531510 0804130 $349.64
PE39 531510 0804310 $225.20
PE39 531510 0804320 $3.860.03
PE39 531510 0804330 $174.82
PE39 531510 0804410 $337.80
PE39 531510 0804420 $3.626.38
PE39 531510 0804430 $174.82
PE39 531510 0804220 $934.16
PE39 531510 0804510 $112.60
PE39 531510 080442 $1,652,42
CERTIFICATIONS:
Submitted for City Manager's Office by: Karen Montgomery (6222)
Originating Department Head: Lena Ellis (8517)
Additional Information Contact: Jack Dale (8357)
E.J. Harbin (8356)
ATTACHMENTS
1. Bid Tab 11-0220.12df
2. DEPARTMENTAL RECOMMENDATION LETTER,Wf
3. PE-5ZZZZZ-080ZZZZ.12df
4. WAIVER 11-0220.12df