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HomeMy WebLinkAboutR-92-0027J- 2-37 12�5/91 RESOLUTION NO. A RESOLUTION, WITH ATTACHMENTS, AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENTS TO THE LEASE AGREEMENTS, IN SUBSTANTIALLY THE ATTACHED FORM, BETWEEN THE CITY OF MIAMI AND E-Z-GO, DIVISION OF TEXTRON, INC. FOR THE PROVISION OF 140 GOLF CARTS FOR THE MELREESE AND MIAMI SPRINGS GOLF COURSES, BY EXTENDING SAID AGREEMENTS, UNDER THE SAME PRICES, TERMS, AND CONDITIONS, FOR THREE (3) ADDITIONAL ONE (1) YEAR PERIODS AND A PARTIAL YEAR PERIOD THROUGH JUNE 29, 1996, IN RETURN FOR THE REPLACEMENT OF THE ENTIRE EXISTING FLEET OF CARTS WITH NEW MODELS, WITH FUNDS THEREFOR TO BE PROVIDED ANNUALLY FROM THE PARKS AND RECREATION DEPARTMENT, ENTERPRISE FUND ACCOUNT NO. 580203-610 IN THE AMOUNT OF $58,548 (MIAMI SPRINGS) AND ACCOUNT NO. 580202-610 (MELREESE) IN AN EQUAL AMOUNT, SUBJECT TO THE AVAILABILTIY OF FUNDS. WHEREAS, pursuant to public notice and competive bid requirements, the City Commission accepted the bid and authorized the execution of contracts with E-Z-Go Division of Textron, Inc. ("E-Z-Go") for the provision of 140 leased golf carts for use at Miami Springs and Melreese Golf Courses, by Resolution Nos. 87-1075 and 88-207, respectively; and WHEREAS, the bid and contract documents stipulated a lease term of one (1) year with four (4) additional one-year extensions and the executed agreements with E-Z-Go thus provided a term through January 14, 1993 for Miami Springs Golf Course and through June 29, 1993 for Melreese Golf Course; and N"Ea 3 T CTTy C01IMsION Idt uraiO OF .. J AN 9 199Z 9 2 -- 27 nouvriw IN. WHEREAS, despite the comprehensive maintenance program provided by E-Z-Go under these agreements, the existing 1988 model carts at both golf courses are becoming increasingly difficult to keep in peak operating condition due to wear and tear and to the poor condition of the cart paths; and WHEREAS, E-Z-Go has offered to replace the entire existing fleet of 140 carts with new 1992 models during the currer#• winter season under the same prices, terms and conditions, provided the City extends the lease terms through 1996; and WHEREAS, the bid and contract documents provide that the lease agreements may be extended for an additional period; and WHEREAS, with the concurrence of the Law Department, the Adminstration has prepared the attached amendments to the lease agreements providing extended terms through June 29, 1996 and the replacement of the fleet; and WHEREAS, the City Manager and the Director of the Department of Parks and Recreation have determined that it is in the City's best interest to affect these modifications to the lease agreements; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The. recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The City Manager is hereby authorized to execute amendments to the lease agreements, in substantially the - 2 - 9 2 -- 2'7 attached form, between the City of Miami and E-Z-Go. Division of Textron, Inc. for the provision of 140 golf carts for the Miami Springs and Melreese Golf Courses, by extending the terms of said agreements, under the same prices, terms and conditions, for three (3) additional one (1) year periods and a partial year period through June 29, 1996, in return for the replacement of the entire fleet of carts with new models, with funds therefor to be provided annually from the Parks and Recreation Department Enterprise Fund Account No. 580203-610 (Miami Springs - $58,548) and from Account No. 580202-610 (Melreese - $58,548), subject to the availability of funds. PASSED AND ADOPTED this 9th day of ZJanu�y - 1 1992. XAV I EERRy�L/�. ATTE C.. MATTY HIRAI, CITY CLERK PREPARED AND APPROVED BY: G RAFAEL 0. DIAZ DEPUTY CITY TORNEY APPROVED AS TO FORM AND CORRECTNESS: QUXW i01gs , I I CITY ATT0 Y - 3 - 92_ 27 . � - H N.awY�•�... ,HL y:.- �•�iC§'�5"�,.�'J.4'��.w`sTa4'... L:l i4L.�3=R.ma.,v•=�, - ,.. ,.__, lit AMENDMENT #1 LEASE AGREEMENT BETWEEN CITY OF MIAMI AND E-Z-GO DIVISION OF TEXTRON, INC. This Amendment made this day of , 1992 to an Agreement dated June 16, 1988, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and E-Z-GO DIVISION OF TEXTRON, INC., a for profit Delaware corporation, hereinafter referred to as "E-Z-GO", with an office at 6299 NW 27 Way, Ft. Lauderdale, FL 33309. RECITAL WHEREAS, the CITY has executed an agreement, dated June 16, 1988, with E-Z-GO for the Lease of seventy (70) electric golf carts for use at the City's Miami Springs Golf Course pursuant to Bid No. 86-87-124; and WHEREAS, said agreement was authorized by Resolution No. 87-1075 of the City Commission, adopted December 10, 1987; and WHEREAS, certain modifications to said Agreement are required in order to facilitate the ongoing operation of rental golf carts at the Miami Springs Golf Course; and WHEREAS, the City Commission has, by Resolution No. , adopted , 1992, authorized the City Manager to execute this Amendment No. 1 to said Agreement; NOW, THEREFORE, CITY and E-Z-GO, for the considerations hereinafter set forth, agree to amend the Agreement as WHEN RETURwPiG FOR FURTi".R G I-- REVIEW, PLEASE IDENTIFY AS PR #91-019/E.MS 9 2 - 2 7 mad follows: .`/ I. SECTION I. "TERM" of the agreement shall be modified in the following particulars: "I. Term The term of this Agreement shall be from January 15, 1988, for the purpose of providing a rental fleet of seventy (70) golf carts and shall terminate on-1-5;---19 9 *— June 22, 1926, II. The following paragraph shall be added to Subsection A, Section II, "BASIC SERVICES": . agrees: days-ofexecution Amendment. golf cars equipped as follows: color. tan with camel --seats: Too -Assembly. total Charge Charger, Heavy Duty -Batteries, VjT.—y1_--:Ream Fenders. Terra- - - .-_ Rake Kit, Divot Special Key Switch, Numbered Decals: and" III. The Agreement entered into between CITY and E-Z-Go dated June 16, 1988 shall remain in full force and effect and shall not be deemed to be modified except as modified herein. IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, executed this Amendment #1, the day and year first above written. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. -2- PR #91-019/E.MS 92- 27 ATTEST: City Clerk ATTEST: Corporate Secretary Federal Employer I.D. Number: APPROVED AS TO CONTENT: THE CITY OF MIAMI, a municipal corporation of the State of Florida By: Cesar H. Odio, City Manager LICENSEE: E-Z-GO DIVISION OF TEXTRON, INC. a Delaware for -profit Corporation Print Name: Title: CORPORATE SEAL Director, Parks and Recreation Department APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III, LC. City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Segundo Perez, Insurance Manager -327 PR #91-019/E.MS CORPORATE RESOLUTION WHEREAS, the Board of Directors of E-Z-GO, Division of Textron, Inc. has examined the terms, conditions and obligations of the proposed amendment of its Agreement dated June 16, 1988 with the City of Miami concerning the lease of Golf Carts for use at the Miami Springs Golf Course; and WHEREAS, the Board of Directors, at a duly held corporate meeting, have considered the matter in accordance with the bylaws of the corporation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF E-Z-GO, Division of Textron, Inc. that the President and Secretary are hereby authorized and instructed to enter into an Amendment to the Agreement dated June 16, 1988, in the name of, and on behalf of this corporation, with the City of Miami for the lease of golf carts for the Miami Springs Golf Course, in accordance with the Agreement amendment documents furnished by the City of Miami, and for the price and upon the terms and conditions contained in the proposed Agreement amendment submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 1992. ATTEST: Chairperson E-Z-GO Division of Textron, Inc. By Corporate Secretary Chairperson (SEAL) 4 - PR #91-0191E.MS 9 ,., 27 I AMENDMENT #1 LEASE AGREEMENT BETWEEN CITY OF MIAMI AND E-Z-GO DIVISION OF TEXTRON, INC. This Amendment made this day of , 1992 to an Agreement dated June 16, 1988, by and between the City of Miami, a municipal corporation of the State of Florida, hereinafter referred to as "CITY", and E-Z-GO DIVISION OF TEXTRON, INC., a for profit Delaware corporation, hereinafter referred to as "E-Z-GO", with an office at 6299 NW 27 Way, Ft. Lauderdale, FL 33309. RECITAL WHEREAS, the CITY has executed an agreement, dated June 16, 1988, with E-Z-GO for the Lease of seventy (70) electric golf carts for use at the City's Melreese Golf Course pursuant to Bid No. 86-87-124; and WHEREAS, said agreement was authorized by Resolution No. 88-207 of the City Commission, adopted March 10, 1988; and WHEREAS, certain modifications to said Agreement are required in order to facilitate the ongoing operation of rental golf carts at the City's Melreese Golf Course; and WHEREAS, the City Commission has, by Resolution No. , adopted , 1992, authorized the City Manager to execute this'Amendment No. 1 to said Agreement; NOW, THEREFORE, CITY and E-Z-GO, for the considerations hereinafter set forth, agree to amend the Agreement as WHEN RETURNING FOR FURTi-".R REVIEW, FLL;:,)E IDENTIFY AS _ ?/- ,� 99 -- 2'7 PR #91-020/E.MR follows: I/ I. SECTION I. "TERM" of the agreement shall be modified in the following particulars: I. Term The term of this Agreement shall be from June 30, 1988 for the purpose of providing a rental fleet of seventy (70) golf carts and shall terminate on June 29, 199-3- 96, subject to continued availabil;,,ty of funds and satisfactory- performance as pro_ vidgd under Paragraph XVII and elsewhere in this Agreement." II. The following paragraph shall be added to Subsection A, Section II, "BASIC SERVICES": agrees: (7) Within 15 days of execution of this Amendment golf cars equipped as fg1lows; color. tan with camel seats:.. Assembly, total Charge :., - - RFenders. Terrg Guard Tires, Swgater -Basket, Rake Kit. Divot Repair - Kit, Megssiae Holder, Special Key Switch, Numbered Decals: and" ear The Agreement entered into between CITY and E-Z-Go dated June 16, 1988 shall remain in full force and effect and shall not be deemed to be modified except as modified herein. IN WITNESS WHEREOF the parties hereto have, through their proper corporate officials, executed this Amendment #1, the day and year first above written. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. - 2 - PR #91-020/E.MR 9 2-- 2►7 ATTEST: City Clerk ATTEST: Corporate Secretary Federal Employer I.D. Number: APPROVED AS TO CONTENT: THE CITY OF MIAMI, a municipal corporation of the State of Florida BY= Cesar H. Odio, City Manager LICENSEE: E-Z-GO DIVISION OF TEXTRON, INC. a Delaware for -profit Corporation Print Name: Title: CORPORATE SEAL Director, Parks and Recreation Department APPROVED AS TO FORM AND CORRECTNESS: A. Quinn Jones, III, L City Attorney APPROVED AS TO INSURANCE REQUIREMENTS: Segundo Perez, Insurance Manager - 3 - PR #91-020/E.MR 9 2 -- 2'7 CORPORATE RESOLUTION WHEREAS, the Board of Directors of E-Z-GO, Division of Textron, Inc. has examined the terms, conditions and obligations of the proposed amendment of its Agreement dated June 16, 1988 with the City of Miami concerning the lease of Golf Carts for use at the City's Melreese Golf Course; and WHEREAS, the Board of Directors, at a duly held corporate meeting, have considered the matter in accordance with the bylaws of the corporation: NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF E-Z-GO, Division of Textron, Inc. that the President and Secretary are hereby authorized and instructed to enter into an Amendment to the Agreement dated June 16, 1988, in the name of, and on behalf of this corporation, with the City of Miami for the lease of golf carts for the City's Melreese Golf Course, in accordance with the Agreement amendment documents furnished by the City of Miami, and for the price and upon the terms and conditions contained in the proposed Agreement amendment submitted by the City of Miami. IN WITNESS WHEREOF, this day of , 1992. ATTEST: Corporate Secretary Chairperson E-Z-GO Division of Textron, Inc. By Chairperson (SEAL) -4- 9227 PR #91-020/E.MR CITY OF MIAMI, FLORIDA INTER.OFFICE MEMORANDUM TO FROM h, . Honorable Mayor and Members of the City Commission Cesar H. Odio City Manager DATE , FILE SUBJECT Resolution to Extend Golf Cart Lease Agreements with REFERENCES :E-Z-Go/Textron ENCLOSURES: HFI_I129 iVi7ATILM: It is respectfully recommended that the City Commission adopt the attached resolution authorizing the City Manager to execute the attached amendments to the lease agreements with E-Z-Go, Division of Textron, Inc. ("E-Z-Go") for the provision of 140 electric golf carts to the Melreese and Miami Springs Golf Courses. The amendments specifically provide for extensions of the leases from the current expiration dates of January 14 and June 29, 1993 for Miami Springs Golf Course and Melreese Golf Course, respectively, to a consolidated termination date of June 29, 1996, in return for the replacement of the entire existing fleet with new 1992 model carts, under the same prices, terms and conditions. The Department of Parks and Recreation has prepared the attached legislation concerning the City's current agreements with E-Z-Go for the lease of 140 golf carts. Seventy (70) of these carts are utilized at each of the City golf courses and are rented, in turn, to the golfing public as standard operating procedure. The existing five-year leases resulted from a ccnpetitive bid process and were approved by the City CcaYmission by Resolution Nos. 87-1075 and 88-207. As with all multi -year City contracts, the agreement terms are actually broken into one-year segments, in ccmpliance with City Charter and Code limitations on fiscal year funding availability. Expiration of the current leases occurs in 1993 as indicated above. Even though E-Z-Go provides a crnprehensive maintenance program, the existing 1988 model carts at both golf courses are becoming increasingly difficult to keep in peak operating condition due to wear and tear and to the poor condition of the cart paths. Consequently, E-Z-Go offered to replace the entire fleet with new 1992 models during the current winter season, under the same prices, terms and conditions, provided that the City extend the lease terms through 1996. The Administration has surveyed other local golf cart lease arrangements'and found that the City's contract price of $69.70 per cart per month is more than $3 below that paid by County golf courses to E-Z-Go for 1992 models under their recent lease contracts. With the concurrence of the Law Department, we have prepared the attached legislation and amendments to affect the specified changes to the lease agreements. Subject to availabilty in future fiscal years, funds will be provided from the Enterprise Fluid budgets for each of the golf courses at a total annual cost of $58,458 per course. 9, ? --- 27 /S - / AWARD SHEET BID NO. 86-87-124 ITEM: Golf Carts DEPARTMENT: Department of Parks & Recreation TYPE OF PURCHASE: Lease Agreements REASON: Amendments of existing Lease Agreement with E-Z-Go Textron of Golf Carts for the Melreese and Miami Springs Golf Courses RECOMMENDATION: IT IS RECOMMENDED THAT THE AMENDMENTS OF EXISTING LEASE AGREEMENT BE APPROVED WITH E-Z-GO/TEXTRON TO PROVIDE GOLF CARTS COURSES TO THE MELREESE AND MIAMI SPRINGS GOLF AT A TOTAL ANNUAL COST OF $58,458.00 PER COURSE.