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HomeMy WebLinkAboutContract 42138 -` YA M A H A CITY SECRETARY CONTRACT NO. 42� -3 SHORT-TERM/SPECIAL EVENTS RENTAL AGREEMENT 1. TERM This short-term /special events rental agreement (hereinafter this "Agreement") is entered into between YAMAHA GOLF-CAR COMPANY (hereinafter"YGC") and Customer as follows: Customer: City of Ft. Worth Address: 4200 So. Freeway#2200 Ft. Worth, TX 76115 Purpose: Short-Term Rental for ZBoaz Delivery date: August 1, 2011 Return date: Month-to-Month rental Equipment 55 Yamaha YDRE and 3 Yamaha G23E 2. PAYMENT The monthly rental for the Equipment delivered under this Agreement(hereinafter,togetherwith any Optional Equipment delivered under this Agreement and any attachments, accessories and parts,the"Equipment"), as more specifically identified in Exhibit"A", is$60.00/month/car&$75.00/month/utilty to be paid within 30 days of invoice date. All applicable sales taxes(if any)will be calculated and presented to Customer on each YGC invoice.A delivery charge of $0.00 shall be added to Customer's first invoice. Total monthly charge shall be$3,525.00 for fifty-five(55)golf cars and three(3) utility cars. 3. RISK OF LOSS OR INJURY (a)Effective upon delivery of the Equipment,and until the Equipment is returned to Yamaha as provided herein,Customer relieves Yamaha of responsibility for all risk of physical damage to or loss or destruction of the Equipment, howsoever caused. During the continuance of this Agreement,Customer shall, at its own expense, cause to be carried and maintained casualty insurance with respect to each item of Equipment and shall maintain sufficient reserves to provide self-insurance coverage for public liability. All policies with respect to such insurance shall name Yamaha as loss payee. The amount of the casualty insurance shall be the full replacement value of the Equipment,and the amount of public liability reserve shall be sufficient to fully cover Customer's liability exposure under the Texas Tort Claims Act,Tex. Gov't Code§101.001 et seq. (b) Customer shall bear the entire risk of loss, theft, destruction or damage to the Equipment from any cause whatsoever. In the event of damage to Equipment,Customer shall immediately place the same in good repair and operating condition. (c)Upon delivery of the Equipment, Customer and an agent of YGC will inspect the equipment and a Condition Report shall be completed by the YGC agent to document the condition of such Equipment. Customer will notify Yamaha of any Equipment that is not in reasonably satisfactory condition.At Yamaha's option, any Equipment reasonably designated as unsatisfactory will be deleted from this Agreement with an appropriate adjustment to rent or replaced by Yamaha with equipment which is reasonably satisfactory to Customer. Equipment is warranted only in accordance with the manufacturer's warranty,if any. 4. RETURN OF EQUIPMENT At the end of this Agreement,the Equipment shall be inspected by an agent of Yamaha and a final Condition Report shall be completed by such agent to determine the condition of such Equipment in comparison to the Condition Report completed on initial delivery.Customer agrees to pay Yamaha its full retail value(to reflect depreciation)for any Equipment not returned at the end of this Agreement. Further, am aha for any Excess Wear and Tear(as defined below) or other damage to the Equipment, including physical inten9led wear and tear whether noted on the final Condition Report or subsequently discovered. VK br Excess Wear and Tear consists of: (a)Tires which are damaged,gouged,or cut so as to be in an unsafe operating condition; RY (b)Missing tire(s)or wheel(s), including spare if originally included; FT. r� (c)Bent,twisted,dented,dinged,or gouged bumper(s); (d)Any missing part(s)or accessory that was originally delivered with the Equipment or any cIled or optional accessories requiring any modifications for installation; (e)Any mechanical repairs on any components or suspension which may be required due to abuse, accident, negligence or the lack of proper maintenance,or any repairs required which are not considered"normal wear and tear." (� i 1�� 5. MISCELLANEOUS TERMS --�----- y (a)Customer further agrees: Authoriaatiox 1.To ensure that all Equipment operators are at least 18 years of age; �, 2.To ensure that seating and loading capacity requirements are followed; I ► . 3.To remove key from Equipment when not in use. .___. ..- V, (b)The headings of this Agreement of for convenience of reference only and sl a' not be used in the interpretation of this Agreement. (c)Customer shall not sublease any of the Equipment except in the ordinary course of its business or assign any of its rights under this Agreement.Customer shall keep the Equipment at the location to which Yamaha delivers the Equipment. C ER YAMAHA, OLF AR OMPANY BY: BY: c, OR r TITLE: Y TITLE: President �O°°°non°"°,0�� DATE: I( I( DATE S/p12o/� kae� �t APPRt �I Attested by: �` o ` n FORMA D LEGALITY: ,^ ►�� � 00 ��� C I I'���(>✓ Marty Hendrix, Cky Sm'etary P A.QCICTe 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 l 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 chat funds are available in the current operating budget, as appropriated, of the Municipal Golf Fund. B QN\11-0220\EJH 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 0804420 $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 11-0220.1df 2. DEPARTMENTAL RECOMMENDATION LETTER.pdf 3. PE-5ZZZZZ-080ZZZZ.12df 4. WAIVER 11-0220.12df