HomeMy WebLinkAboutR-87-1075J-87-1064
12/7/87
RESOLUTION NO. 97--1075
A RESOLUTION ACCEPTING THE BID OF E-Z-GO,
DIVISION OF TEXTRON, FOR THE LEASING OF 70
NEW ELECTRIC GOLF CARS FOR THE MIAMI SPRINGS
GOLF COURSE TO THE DEPARTMENT OF PARKS,
RECREATION AND PUBLIC FACILITIES AND
RECOMMENDING THAT THE CITY MANAGER BE
AUTHORIZED TO EXECUTE A LEASE AGREEMENT FOR A
ONE-YEAR PERIOD, WITH OPTION TO RENEW FOR
FOUR (4) ADDITIONAL YEARS, SUBJECT TO THE
AVAILABILITY OF FUNDS, AT A TOTAL PROPOSED
YEARLY COST OF $58,548.00; ALLOCATING FUNDS
THEREFOR FROM THE 1987-88 GOLF COURSE
ENTERPRISE FUND MIAMI SPRINGS ACCOUNT CODE
#580202-610; FURTHER INSTRUCTING THE CHIEF
PROCUREMENT OFFICER TO ISSUE PURCHASE ORDERS
FOR THIS SERVICE.
WHEREAS, pursuant to public notice, sealed bids were
received September 9, 1987 for the leasing of 70 new electric
Golf
Cars for the Miami
Springs Golf Course for one
(1) year
with
the
option to renew
for four (4) additional
years to
the
Department of Parks, Recreation and Public Facilities; and
WHEREAS, invitations were mailed to thirty four (34)
potential suppliers and four (4) bids were received; and
WHEREAS, funds !`or this purchase will be available from the
1987-88 Golf Course Enterprise Fund Miami Springs Account Code
#580202-610; and
WHEREAS, this service will be used by the Department of
Parks, Recreation and Public Facilities for the purpose of
replacing the existing rental fleet at the Miami Springs Golf
Course; and
WHEREAS, the City Manager and the Director of the Department
of Parks, Recreation and Public Facilities recommend that the bid
received from E-Z-Go, Division of Textron, be accepted as the
lowest responsible and responsive bid;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY
OF MIAMI, FLORIDA:
Section 1. The September 9, 1987 bid of E-Z-Go, Division of
Textron, for leasing seventy (70) new electric golf cars for a
one (1) year period with the option to renew for four (4)
additional years to the Department of Parks, Recreation and
Public Faci itigg a.+:..:.... proposed first year cost of
CITY COMMISSION
ATTAC A E 31TS MEETING OF
Er"ML /6 D DEC C10 NN" 19$7 .A.,
s
$58,548.00 is hereby accepted with funds therefor hereby
allocated from the 1987-88 Golf Course Enterprise Fund Miami
Springs Account Code #580202-610.
Section 2. The City Manager is hereby authorized to execute
a lease agreement for a one (1) year period with the option to
renew for four (4) additional years and to instruct the Chief
Procurement Officer to issue Purchase Orders for this service,
subject to the availability of funds.
PASSED AND ADOPTED this loth day of December 1987.
ATTES :
MAT Y HIRAI, CITY CLERK
PREPARED AND APPROVED BY:
CHIEF DEPUTY CITY ATTORNEY
'AS TO FORM AND CORRECTNESS:
XAVIER L. SUARE2, MAYOR
137-1075
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BID SECURITY
IT Leasing of 70 new Electric Golf Carts OatE Slpi ikIC11vtSeptember 9, 1987 2_OOpm
86-87-124 =
lTPE OF SECUR177
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E-Z-Go Textron
Broken down by items
$5,000
ashier s CThme
0089331
Electric Car, Inc
$5,000
Ck.#9847343
Miami Springs Golf
$5,000
fficial Chec
#926276005
Columbia Parcar
$5,000
Cashier's Che
#5318
All Star Golf Car Co.
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_. LEGAL ADVERTISEMENT
BID NO. 86-87-124
Sealed bids will be received by the City of Miami City Clerk at
her office located at 3500 Pall American _PjLjyeg Miami, Florida,
33133 not later than •00 p.m. September 9198 for furnishing
approximately 70 New Electric ar s y, ease Agreement, on a
Contract Basis to the Department of Parks, Recreation and Public
Facilities for use at the Miami Springs Golf Course.
Bids submitted past such deadline and/or submitted to any other
location or office shall be deemed not responsive and rejected.
A pre -bid conference will be held on August 18, 1987 at 10.-00
a.m. in the Conference Room at Miami Springs Golf Course, 650
Curtiss Parkway, Miami Springs, F1 33166 for the purpose of
providing any additional information and/or explanation of this
bid as may be required.
Ordinance No. 10062 established a goal of Awarding 51% of the
City's total dollar volume of all expenditures for All Goods and
Services to Black, Hispanic and Women Minority Business
Enterprises on an equal basis.
Minority and women vendors who are interested in submitting bids
and who are not registered with the City as minority or women
vendors are advised to contact the City Procurement Office, 1390
N.W. 20th Street, Second Floor, Telephone 579-6380.
Detailed specifications for the bids are available upon request
at the City Procurement Office.
The City Manager may reject all bids and readvertise.
(Ad No. 4520)
Cesar H. Odio
City Manager
s
J0 40
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REQUISITION FOR ADVERTISEMENT This number must appear
in the advertisement.
DEPT/DIV.
ACCOUNT CODE6$��ly%%
DATE PHONE APPROVED BY:
PREPARED BY I
r --
DIRECTOR OF ISSUING DEPARTMENT
Publish the attached advertisement _
Type of advertisement: legal
(Check One)
(number of times)
classified
display
5
Size: ' `' ' Starting date
First four words of advertisement:
k
Remarks:
times.
DO NOT TYPE BELOW THIS LINE, FOR USE OF FINANCE DEPARTMENT ONLY.
LINE
PUBLICATION
DATE(S) OF
ADVERTISEMENT
INVOICE
AMOUNT
0
A-1
B-2
C-3
D-4
E-5
F3
F4
F5
F7
F8
F9
F10
F11
F12
LINE
TRANS
VOUCHER
DUE DATE
YY MM DD
Adv. Doc. Reference
VENDOR
INDEX CODE
OBJECT
PROJECT
11
13
1 11718
1 25,34
39,42
45
50
51 56
57 62
63 6566
71
2
4
1
V
P1210121218171
T262
3
4 7
8 V P 12T'15
DESCRIPTION
36
64 DISCOUNT 69
72 AMOUNT 80
01012
0
1
Approved for Payment
White - Purchasing Yellow - Finance Pink - Department
- - - - — -- --- --_ - ----- -- -----------tea -
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S7-107s
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AGREEMENT
THIS AGREEMENT made
this day .of
by and between
the City of Miami,
a municipal corporation of
the State of Florida,
}
hereinafter referred
to as the "CITY", and
, a
Corporation
with an office at
WITNESSETH
WHEREAS, that
for valuable consideration
received and hereby
—�
acknowledged by each,
does grant to the
CITY exclusive renting
rights as hereinafter
stipulated and it is mutually
agreed that each of the
respective parties of
this Agreement will fulfill
the several obligations
imposed on each and that both accept the full meaning and intent of this
agreement.
NOW, THEREFORE in consideration of mutual covenants and obligation
herein contained, and subject to the terms and conditions hereinafter
stated, the parties hereto understand and agree as follows:
I. TERM:
The term of this Agreement shall be from 198_, for the
purpose of providing a rental fleet of seventy (70) golf cars, and shall
terminate on
II. BASIC SERVICE
and the CITY hereby agree to provide the following
services in accordance with described bid specifications.
(A) agrees:
(1) to install seventy (70) golf cars equipped as
follows: color, light blue with camel seats; permanent towbar/towhitch;
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numbered decals; top; charger; scuff plates; power rib tires; sweater
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basket; and
- i
j' (2) to furnish a mechanic on request to handle any major maintenance
_ which may be required on cars; and
(3) to provide all parts, tires, batteries, and major maintenance
under normal wear and tear. Weekly service calls will be provided by a
trained service technician. All cars shall. be in operable condition to
f allow for full fleet operations for weekends, or replacement cars will be
provided.
(4) to provide CITY with good used cars for seasonal lease at the same
1
rental rate per car.The minimum length of said seasonal lease shall be
three (3) months. CITY shall notify in writing,
' a minimum of thirty (30) days prior.
`j (5) to provide CITY upon a thirty (30) day written notice, good used —
golf cars for daily or tournament use. The tournament lease rate shall be
, per car, per day.
! (6) that its maintenance program shall provide for service and repairs
completion within a specific period of time, not to exceed 40 hours or two
is (2) working days, beyond which time, replacement cars are to be furnished.
f' All cars shall be repaired, operable, or replaced, to all full fleet
operations for weekends.
s Failure on the part of to repair or replace
t.
any disabled cars which would not allow for full fleet operations for
weekends shall be just cause for CITY to deduct from the monthly lease
payment, the average daily rental fees for each disabled vehicle each
i calendar day the car remains inoperable or unreplaced. This does not
4 include any golf cars that have been vandalized or abused.
page 6 of 16 S% 10'75
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(B) CITY agrees:
(1) to employ a person to work at CITY's Miami Springs Course and
perform such duties as charging, maintaining the batteries and tire
pressure, and keeping the cars clean. This person is also to be responsible
for such minor maintenance work as repairing flat tires, etc.
(2) to assume responsibility for the safe housing indoors or under
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suitable cover for.the golf cars during the night hours. Ignition keys are
1` to be removed from cars after release by patrons and at night time. The
shelter shall provide enough electric outlets for the proper charging of the
cars and CITY agrees to pay all costs of this charging.
(3) that there shall be no other electric or mechanically driven golf
cars excluding maintaining vehicles for lease on CITY's grounds except
machines furnished by LESSOR during the term of. this Agreement with the
exception of CITY -owned vehicles.
(C) Title to such vehicles shall at all times be and remain the sole
exclusive property of Said vehicles may not be removed from
the assigned premises of the CITY and/or the Golf Course.
(D) Any acts of vandalism to the rental vehicles shall be reported in
writing to upon discovery, together with any names and/or
evidence that would lead to the apprehension of the vandals or that would
aid in filing the insurance claim. Property damages, fire, theft, and
injuries resulting from the use of the vehicles shall be reported in the
same manner.
(E) shall have the right to withdraw any cars at anytime
for maintenance or abuses beyond normal wear and tear.
page 7 of 16
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(F) shall have the right to withdraw cars for breach -
or default, nonpayment (including pursuant to Section VI hereof) insolvency
or bankruptcy, whereupon
can enter the premises of CITY
to take possession. CITY shall not be relieved of liability of past -due
payments in the event of such circumstances.
(G) CITY may expand the seventy (70) cars lease fleet'by a minimum of
five (5) to maximum of fifteen (15) cars, for a total of seventy-five (75)
to eighty five (85), for additional rent at the same rental rate per car and
on the same terms and conditions, Upon a thirty (30) days written notice.
(H) CITY reserves the right to close the golf course for normal
repairs or for major renovations when necessary and upon thirty (30) days
written notice to and shall be exempt from rental
payment for the designated term and/or designated reduction of the number of
cars.
(I) shall have the right to assign this Agreement
subject to prior written approval of CITY.
(J) Any and all general conditions as specified in the request for
bids, responded by shall be in effect and made a part
of this Agreement and attached as Exhibit "A", and
shall be obligated to perform any and all such requirements contained
therein. Where there is a conflict between the terms of the request for
bids and this Agreement the terms of the request for bid will prevail.
M Use of the golf cars by CITY, its employees, invitees, or agents,
for the purpose of transportation between residences and/or golf course,
parades, and any use on public thoroughfares is strictly prohibited without
approval from and any insurance coverage or
F•
indemnification by provided herein does not apply to
4
page 8 of 16
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these unauthorized uses of the golf cars without such approval.
III. COMPENSATION
(A) CITY shall pay , as compensation for the services
required pursuant to Paragraph II hereof, per
car, per month, for months, for seventy (70) cars, equal to
dollars ($ ) per month, 'or'
dollars ($ ) per year.
and •CITY hereby agree that the maximum amount
payable under this Agreement for the seventy (70) car fleet for
( ) months shall not exceed dollars
(B) Such compensation shall be paid upon the receipt of monthly
billings; such billings shall be paid within thirty (30) days of submission.
It is agreed that the provisions of this Agreement shall constitute the
entire basis for such monthly billings.
(C) CITY shall have the right to review and audit the time records
and related records of pertaining to any such billings at
anytime during the performance of this Agreement and for a period of one
year after -final payment is made under this Agreement.
IV. COMPLIANCE WITH FEDERAL, STATE, AND LOCAL LAWS
Both parties shall comply with all applicable laws, ordinances, and
codes of federal, state, and local governments.
page 9 of 16
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8'7-10'75
V. INSURANCE:
(A) shall maintain and keep in effect adequate fire and
extended coverage, theft and collision insurance, covering the golf cars;
but such coverage shall not extend to negligent operation, maintenance or
storage, nor misuse of the golf cars by CITY or by individual operations or
persons subrenting from CITY. shall maintain public liability
coverage (to include products liability coverage). shall carry
fire, theft, and vandalism insurance for any damages of the golf cars in
excess of one hundred ($100.00)• dollars per incident; with CITY being
responsible for up to the first one hundred ($100.00) dollars per incident.
Any and all insurance requirements specified in the bid document shall
be verified via a certificate of insurance and attached as a part. of this
Agreement as Exhibit "B".
VI. GENERAL CONDITIONS
(A) All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be delivered by
personal service, or by registered mail addressed to the other party at the
address indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which personally served; or,
if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier. _
City of Miami Successful Bidder
Golf Division Address
c/o Miami Springs Golf Course
650 Curtiss Parkway
-
Miami Springs, FL 33166 =
(B) Titles and paragraph headings are for convenient reference and are
not a part of this Agreement.
page 10 of 16
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S7. IL075
(C) In the event of conflict between the terms of this Agreement and
any terms or conditions contained in documents, the terms in this Agreement
shall rule.
1 (D) No waiver or breach of any provision of this Agreement shall
t'__
constitute a waiver of any subsequent breach of the same or any other
provision hereof, and no waiver shall be effective unless made in writing.
` (E) Should any provisions, paragraphs, sentences, words or phrases
contained in this Agreement be determined by a court of competent
{
jurisdiction to be invalid, illegal or otherwise unenforceable under the
laws of the State of Florida or CITY, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent necessary
in order to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either event, the
—`` remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect.
—Ij VII. NON-DELEGABILITY
That the obligations undertaken by pursuant to this
Agreement shall not be delegated or assigned to any other person or firm
unless the CITY shall first consent in writing to the performance of such
-I_; services or any part thereof by another person or firm.
ii
VIII. AWARD OF AGREEMENT:
warrants that it has not employed or retained any
�.i
t person employed by the CITY to solicit or secure this Agreement and that it
has not offered to pay, paid, or agreed to pay any person employed by the
CITY any fee, or gift of any kind contingent upon or resulting from the
award of this Agreement.
d
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W-1075
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IX. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws
of the State of Florida.
X. SUCCESSORS AND ASSIGNS:
This Agreement shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
XI. INDEMNIFICATION
shall indemnify and save CITY harmless from and against
any and all claims, liabilities,• losses, and causes of action, which may
arise out of activities under this Agreement, including all
other acts or omissions to act on the part of including any
person acting for or on his or her behalf, and, from and against any orders,
judgments or decrees which may be entered, and from and against all costs,
attorneys fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof. It is agreed that is
duty to indemnify hereunder shall not apply to any obligation of the CITY
under this Agreement.
XII. CONFLICT OF INTEREST
covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests, direct or indirect, with
CITY. further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall be employed.
Any such interests on the part of
disclosed in writing to the CITY.
page 12 of 16
or its employees, must be
g7-1075
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137-1075
Ad
is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida
(Dade County Code Section 2-11.1) and the State of Florida, and agrees that
it shall fully comply in all respects with the terms of said laws.
XIII. INDEPENDENT CONTRACTOR:.
and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and shall not
attain any rights or benefits under the Civil Service or Pension Ordinances
{ of CITY, or any rights generally afforded classified or unclassified
i,
employees; further it shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of CITY.
1 XIV. TERMINATION OF CONTRACT:
I+
CITY retains the right to terminate this Agreement at any time prior
to the end of the lease term with ninety (90) days notice without penalty to
:^ CITY. In that event, notice of termination of this Agreement shall be in
writing to who shall be paid for those services performed prior to
the date of his/her receipt of the notice of termination. In no case,
however, will CITY pay an amount in excess of the total sum provided
i' by this Agreement.
It is hereby understood by and between CITY and that any
2
payment made in accordance with this Section to shall be made only if
.— said is not in default under the terms of this Agreement. If
is in default, then CITY shall in no way be obligated and shall not pay to
any sum whatsoever.
u
page 13 of 16
g7+1075
XV. NONDISCRIMINATION:
agrees that it shall not discriminate as to race, sex, color,
creed, or national origin in connection with its performance under this
Agreement.
XVI. MINORITY PROCUREMENT COMPLIANCE:
acknowledges that he/she has been furnished a copy of Ordinance
No. 10062, the Minority Procurement Ordinance of the City of Miami, and
agrees to comply with all applicable substantive and procedural provisions
therein, including any amendments thereto.
XVII. CONTINGENCY CLAUSE
Funding for this contract is contingent on the availability of funds
and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, or authorization, reduction
of funds,•and/or change in regulations.
XVIII. WAIVER:
No waiver of any provision hereof shall be deemed to have been made
unless such waiver be in writing signed by the party granting the waiver.
The failure of either party to insist upon the strict performance of any of
the provisions of this Agreement, shall not be construed as waiving or
relinquishing in the future any such covenants or conditions, but the same
shall continue and remain in full force and effect.
XIX. AMENDMENTS:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
page 14 of 16
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IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed by the respective officials thereinto duly authorized, this the
day and year first above written.
ATTEST:
MATTY HIRAI, CITY CLERK
ATTEST:
By
CITY OF MIAMI, a Municipal
Corporation of the State of
Florida
By -
CESAR H. ODIO, CITY MANAGER
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A. DOUGHERTY, CITY ATTORNEY
APPROVED AS TO INSURANCE REQUIREMENT:
RISK MANAGEMENT
SUCCESSFUL BIDDER
page 15 of 16 S 7-10'75
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CORPORATE RESOLUTION
WHEREAS, the Board of Directors of
has examined the terms,
conditions and obligations of the proposed contract with the City
of Miami for
WHEREAS, the Board of Directors, at a duly held corporate
meeting, have considered the matter in accordance with the by-
laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
that the president and secretary
are hereby authorized and instructed to enter into a contract in
the name of, and on behalf of this corporation, with the City of
Miami for
in accordance with the contract documents furnished by the City
of Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
IN WITNESS WHEREOF, this day of , 1987.
CORPORATE SECRETARY
ER1
CHAIRMAN, Board of Directors
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CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO The Honorable Mayor and
Members of the City Commission
FROM
Cesar H. Odra
City Manager
RECOMMENDATION:
DATE FILE.
SUBJECT Resolution Authorizing Award
of Bid #86-87-124 - Lease of
Seventy(70) Electric Golf Cars
REFERENCES:
ENCLOSURES.
It is respectfully recommended that the City Commission adopt the
attached resolution awarding a contract for the leasing of
seventy (70) new electric golf cars from E-Z-Go, Division of
Textron, the vendor submitting the lowest, complete and
acceptable bid, at a per unit cost of $2.32 per day and a total
fleet cost of $58,548 annually. It is further recommended that
the City Manager be authorized to execute a lease agreement for a
one-year period, with option to renew for four (4) additional
years, subject to funding availability, substantially in the form
attached, as approved by the Law Department. Funds for the•fi.rst
year are available in the 1987-88 Golf Course Enterprise Fund
budget of the Department of Parks, Recreation and Public
Facilities.
BACKGROUND:
The Department of Parks, Recreation and Public Facilities has
analyzed the bids received pursuant to bid #86-87-124 for the
leasing of seventy (70) electric cars for use at the Miami
Springs Golf Course. Four (4) bids and one (1) no bid were
received, none of which were minority vendors. This fleet will
replace the existing leased fleet utilized as rentals by the City
since January of 1984. It is estimated that this rental fleet
will generate more than $1251,000 in profits annually.
Amounts of Bid: $58,548
Budget Amount: $58,548
Source/Funds: 1987-88 Golf Course Enterprise Fund
Miami Springs 580202-610
Minority Participation: None of bids received were from
minority -owned firms
Public Hearing/Notices: N/A
Assessable Projects: N/A
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s7- 075
rt
y
• CITY OF MIAMI. FLORIDA
INTER -OFFICE MEMORANDUM
TO
L. Mullins
DATE-
November
FILE:
9, 1987
Chief
Procurement Officer
.
SUBJECT
Bid No.
86-87-124 -
Leasing
of Seventy (70) --
%
'- `
Electric
Golf Cars
FROM (
REFERENCES
Walter
E. Golby, Di ector
Parks,
Recreation and
ENCLOSURES.
Public
Facilities Department
-
This department has verified available
funding with the
departments of Finance and Management and Budget that funds are
available to cover the cost of the subject
bid in the amount of
$58,548 - Account Code Number 58020A-610.
i
FINANCE REVIEW & APPROVED BY:
F
j Carlcjd Garcia, Director
j Department of Finance
—
BUDGETARY REVIEW & APPROVED BY:
Manohar Surana, Director
Department of Management & Budget
.WEG/ALH/RDH/nl
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cc;)&be Torres
D. E. Johnson
Art Lancour
3 Kirk Hearin
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NOV 12 1027
GREW S.!i��C:;
PROCURE01 f11AtMAbVil DEISM
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S7 -10'75
AWARD OF BID
Bid No. 86-87-124
ITEM:
Leasing of seventy (70) Electric
Golf
Carts
DEPARTMENT:
Parks, Recreation and Public
Facilities
TYPE OF PURCHASE:
Contract for one (1) year with
the
option to renew for four
(4)
additional years
REASON:
The lease fleet will replace
the
existing rental fleet at the Miami
Springs Golf Course.
POTENTIAL BIDDERS:
34
BIDS RECEIVED:
4
TABULATION:
Attached
FUNDS:
,,
1987-88 Golf Course Enterprise
Fund
Miami Springs 580202-610
MINORITY/WOMAN PARTICIPATION: Invitations to Bid were sent to
one 1) black and.
o (2) hispanic firms engaged in
the
Leasing of Electric
Golf Carts business as located in
the
following sources:
1. New Vendors Applications
2. Dade County Minority
Register
3. Prior bids on file
in the Procurement Office
No Minority response was
received.
BID EVALUATION:
All bids meet the specifications.
Following is an analysis of
the
Invitations to Bid:
Number of Bid Number of
Category
Invitations Mailed Responses
Prior Bidders
Black American
0 0
Hispanic American
2 0
Woman Owned
0 0 •
Non -Minority
8 3
New Bidders
— Black American
1 0
Hispanic American
0 0
Woman Owned
0 0
Non -Minority
23 1
Courtesy Notifications
15 -
"No Bids".
- 1
Late Bids
-
Totals
49 5
Reason for "No Bid" was as follows:
1. All Star Golf Car Co. - "No Bid"
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87-IL0 75
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RECOMMENDATION: IT IS RECOMMENDED THAT THE AWARD BE
MADE TO E-Z GO, DIV. OF TEXTRON FOR A
TOTAL PROPOSED AMOUNT OF $58,548.00-
Chief Procurement officer
Date
The Minority & Women Business Administrator concurs with the
above recommendation.
Minority & Women Business
Administrator
Date
BID NO. 86-87-124
ELECTRIC GOLF CAR LEASE
AND/OR OPERATION
BIDDER
PROPOSAL "A" PROPOSAL "B"
48 MONTHS 60 MONTHS
UNIT COST EXTENSION UNIT COST EXTENSION
Columbia Parcar $ N/A per day $ N/A per day $ N/A per day $ N/A per day No Bid
$89..0 per month $b.Z&1..ln per month $70.63 per month $4,944.10 per month
$1,076 per year $75,373.20 per year $847.56 per year $59,329.20 per year
Maintenance Program: Periodic maintenance trips, 48 hr emergency call, Guarantee 36 hole per day,
when needed replace battery, service and/or replacement. (Warranty and/or Guarantee: 3 years parts
- one year labor).
Electric Car, Inc. $2.36 per day ($165.00 per day) No Bid No Bid
(Melex Model) $720 per month ($5,040 per month)
(152-1987 )
$864 per year ($60,580 per year)
Maintenance Program: None Offered - Required by bld specifications
E-2-Go - Div.
of Textron
---
Miami Springs Golf
Melex
PROPOSAL "C"
No Bid
No Bid
$2.46 per day
$172.20 per day
$2.32 per day
$162.50 per day
No Bid
No Bid
$74,05 per month
$5,183.50 per month
$69.70 per month
$4,879 per month
$888.60 per year
$62,202 per year
$836.40 per year
$58,548.00 per year
y
Maintenance Program:
Acceptable as per City
specifications
No Bid
148 months -
No Bid
60 months -
45% / 45%
Maintenance
Clarification
Required
48 months -
No Bid
60 months -
42% / 42%
0
I
AGREEMENT
THIS AGREEMENT made this day.of , by and between
the City of Miami, a municipal corporation of the State of Florida,
hereinafter referred to as the "CITY", and a
Corporation with an office at
WITHESSETH
WHEREAS, that for valuable consideration received and hereby
acknowledged by each, does grant to the CITY exclusive renting
rights as hereinafter stipulated and it is mutually agreed that each of the
respective parties of this Agreement will fulfill the several obligations
imposed on each and that both accept the full meaning and. intent of this
agreement.
NOW, THEREFORE in consideration of mutual covenants and obligation
herein contained, and subject to the* terms and conditions hereinafter
stated, the parties hereto understand and agree as follows:
1. TERM --
The term of.this Agreement shall be from , 198�, for the
purpose of providing a rental fleet of seventy (70) golf cars, and shall
terminate on
U. BASIC SERVICE
and the CITY hereby agree to provide the following
services in accordance with described bid specifications.
(A) agrees:
(1) to install seventy (70) golf cars equipped as
follows: color, light blue with camel seats; permanent towbar/towhitch;
r�
!47•-1075
I' K
numbered decals; top; charger; scuff plates; power rib tires; sweater
basket; and
(2) to furnish a mechanic on request to handle any major maintenance
which may be required on cars; and
(3) to provide all parts, tires, batteries, and major maintenance
under normal wear and tear. Weekly service calls will be provided by a
trained service technician. All cars shall. be in operable condition to
allow for full fleet operations for weekends, or replacement cars will be
provided.
(4) to provide CITY with good used cars for seasonal lease at the same
rental rate per car.- The minimum length of said seasonal lease shall be
three (3) months. CITY shall notify in writing,
a minimum of thirty (30) days prior.
(5) to provide CITY upon a thirty (30) day written notice, good used
golf cars for daily or tournament use. The tournament lease rate shall be
per car, per day.
(6) that its maintenance program shall provide for service and repairs
completion within a specific period of time, not to exceed 40 hours or two
(2) working days, beyond which time, replacement cars are to be furnished.
All cars shall be repaired, operable, or replaced, to all full fleet
operations for weekends.
Failure on the part of to repair or replace
any disabled cars which would not allow for full fleet operations for
weekends shall be just cause for CITY to deduct from the monthly lease
payment, the average daily rental fees for each disabled vehicle each
calendar day the car remains inoperable or unreplaced. This does not
include any golf cars that have been vandalized or abused.
87-1075
(B) CITY agrees:
(1) to employ a person to work at CITY's Miami Springs Course and
perform such duties as charging, maintaining the batteries and tire
pressure, and keeping the cars clean. This person is also to be responsible
for such minor maintenance work as repairing flat tires, etc.
(2) to assume responsibility for the safe housing indoors or under
suitable cover for. the golf cars during the night hours. Ignition keys are
to be removed from cars after release by patrons and at night time. The
shelter shall provide enough electric outlets for the proper charging of the
cars and CITY agrees to pay all costs of this charging.
(3) that there shall be no other electric or mechanically driven golf
cars excluding maintaining vehicles for lease on CITY's grounds except
machines furnished by LESSOR during the term of, this Agreement with the
exception of CITY -owned vehicles.
(C) Title to such vehicles shall at all times be and remain the sole
exclusive property of Said vehicles may not be removed from
the assigned-premi-ses of -the CITY and/or the Golf Course.
(D) Any acts of vandalism to the rental vehicles shall be reported in
writing to upon discovery, together with any names and/or
evidence that would lead to the apprehension of the vandals or that would
aid in filing the insurance claim. Property damages, fire, theft, and
injuries resulting from the use of the vehicles shall be reported in the
same manner.
(E) shall have the right to withdraw any cars at anytime
for maintenance or abuses beyond normal wear and tear.
8 7►-107
a
M shall have the right to withdraw cars for breach
or default, nonpayment (including pursuant to Section VI hereof) insolvency
or bankruptcy, whereupon can enter the premises of CITY
to take possession. CITY shall not be relieved of liability of past -due
payments in the event of such circumstances.
(G) CITY may expand the seventy (70) cars lease fleet'by a minimum of
five ( 5 ) to maximum of fifteen (15 ) cars, for a total of seventy-five ( 75 )
to eighty five (85), for additional rent at the same rental rate per car and
on the same terms and conditions, upon a thirty (30) days written notice.
(H) CITY reserves the right to close the golf course for normal
repairs or for major renovations when necessary and upon thirty (30) days
written notice to , and shall be exempt from rental
payment for the designated term and/or designated reduction of the number of
cars.
(I) shall have the right to assign this Agreement
subject to prior written approval of CITY.
(J) Any and all general conditions as specified in the request for
bids, responded by shall be in effect and made a part
of this Agreement and attached as Exhibit "A", and
shall be obligated to perform any and all such requirements contained
therein. Where there is a conflict between the terms of the request for
bids and this Agreement the terms of the request for bid will prevail.
(K) Use of the golf cars by CITY, its employees, invitees, or agents,
for the purpose of transportation between residences and/or golf course,
parades, and any use on public thoroughfares is strictly prohibited without
approval from
and any insurance
coverage
or
indemnification by
provided herein does
not apply
to
S7_10750
these unauthorized uses of the golf cars without such approval.
III. COMPENSATION
(A) CITY shall pay , as compensation for the services
required pursuant to Paragraph II hereof, per
car, per month, for months, for seventy (70) cars, equal to
dollars ($�) per month, ' or'
dollars ($ ) per year.
and CITY hereby agree that the maximum amount
payable under Lhis Agreement for the seventy (70) car fleet for
( ) months 'shall not exceed dollars
(B) Such compensation shall be paid upon the receipt of monthly
billings; such billings shall be paid within thirty (30) days of submission.
It is agreed that the provisions of this Agreement shall constitute the
entire basis for such monthly billings.
(C) CITY shall have the right to review and audit the time records
and related records of pertaining to any such billings at
anytime during the performance of this Agreement and for a period of one
year after -final payment is made under this Agreement.
IV. COMPLIANCE WITH FEDERAL, STATE, AND FOCAL LAWS
Both parties shall comply with all applicable laws, ordinances, and
codes of federal, state, and local governments.
/0
87-1075
V. INSURANCE:
(A) shall maintain and keep in effect adequate fire and
extended coverage, theft and collision insurance, covering the golf cars;
but such coverage shall not extend to negligent operation, maintenance or
storage, nor misuse of the golf cars by CITY or by individual operations or
persons subrenting from CITY. shall maintain public liability
coverage (to include products liability coverage). shall carry
fire, theft, and vandalism insurance for any damages of the golf cars in
excess of one hundred ($100.00) dollars per incident; with CITY being
responsible for up to the first one hundred ($100.00) dollars per incident.
Any and all insurance requirements specified in the bid document shall
be verified via a certificate of insurance and attached as a part. of this
Agreement as Exhibit "B".
VI. GENERAL CONDITIONS
(A) All notices or other communications which shall or may be given
pursuant to this Agreement shall be in writing and shall be delivered by
personal service, or by registered mail addressed to the other party at the
address indicated herein or as the same may be changed from time to time.
Such notice shall be deemed given on the day on which personally served; or,
if by mail, on the fifth day after being posted or the date of actual
receipt, whichever is earlier.
Citv of Miami
Golf Division
c/o Miami Springs Golf Course
650 Curtiss Parkway
Miami Springs, FL 33166
Successful Bidder
Address
(B) Titles and paragraph headings are for convenient reference and are
not a part of this Agreement.
1/*
S 7-10'7S
16
(C) In the event of conflict between the terms of this Agreement and
any terms or conditions contained in documents, the terms in this Agreement
shall rule.
(D) No waiver or breach of any provision of this Agreement shall
constitute a waiver of any subsequent breach of the same or any other
provision hereof, and no waiver shall be effective unless made in writing.
(E)
Should any provisions,
paragraphs,
sentences, words
or phrases
contained
in this Agreement be
determined
by a court of
competent
jurisdiction to be invalid, illegal or otherwise unenforceable under the
laws of the State of Florida or CITY, such provisions, paragraphs,
sentences, words or phrases shall be deemed modified to the extent -necessary
in order to conform with such laws, or if not modifiable to conform with
such laws, then same shall be deemed severable, and in either event, the
remaining terms and provisions of this Agreement shall remain unmodified
and in full force and effect.
VII. NON-DELEGABILITY
That the obligations undertaken by pursuant to this
Agreement shall not be delegated or assigned to any other person or firm
unless the CITY shall first consent in writing to the performance of such
services or any part thereof by another person or firm.
VIII. AWARD OF AGREEMENT:
warrants that it has not employed or retained any
person employed by the CITY to solicit or secure this Agreement and that it
has not offered to pay, paid, or agreed to pay any person employed by the
CITY any fee, or gift of any kind contingent upon or resulting from the
award of this Agreement.
87"MI,075
IX. CONSTRUCTION OF AGREEMENT
This Agreement shall be construed and enforced according to the laws
of the State of Florida.
X.
SUCCESSORS
AND ASSIGNS:
This
Agreement
shall be binding upon the parties herein, their heirs,
executors, legal representatives, successors, and assigns.
XI. INDEMNIFICATION
shall indemnify and save CITY harmless from and against
any and all claims, liabilities, losses; and causes of action, which may
arise out of activities under this Agreement, including all
other acts or omissions to act on the part of including any
person acting for or on his or her behalf, and, from and against any orders,
judgments or decrees which may be entered, and from and against all costs,
attorneys fees, expenses and liabilities incurred in the defense of any
such claims, or in the investigation thereof. It is agreed that is
duty to indemnify hereunder shall not apply to any obligation of the CITY
under this Agreement.
XII. CONFLICT OF INTEREST
covenants that no person under its employ who presently
exercises any functions or responsibilities in connection with this
Agreement has any personal financial interests, direct or indirect, with
CITY. further covenants that, in the performance of this
Agreement, no person having such conflicting interest shall be employed.
Any such interests on the part of or its employees, must be
disclosed in writing to the CITY.
/3
87--107
e %k V*
is aware of the conflict of interest laws of the
City of Miami (City of Miami Code Chapter 2, Article V), Dade County Florida
(Dade County Code Section 2-11.1) and the State of Florida, and agrees that
it shall fully comply in all respects with the terms of said laws.
XIII. INDEPENDENT CONTRACTOR:.
and its employees and agents shall be deemed to be
independent contractors, and not agents or employees of CITY, and shall not
attain any rights or benefits under the Civil Service or Pension Ordinances
of CITY, or any rights generally afforded classified or unclassified
employees; further it shall not be deemed entitled to the Florida Workers'
Compensation benefits as an employee of CITY.
XIV. TERMINATION OF CONTRACT:
CITY retains the right to terminate this Agreement at any time prior
to the end of the lease term with ninety (90) days notice without penalty to
CITY. In that event, notice of termination of this Agreement shall be in
writing to �, who shall be paid for those services performed prior to
the date of his/her receipt of the notice of termination. In no case,
however, will CITY pay an amount in excess of the total sum provided
by this Agreement.
It is hereby understood by and between CITY and that any
payment made in accordance with this Section to shall be made only if
said is not in default under the terms of this Agreement. If
is in default, then CITY shall in no way be obligated and shall not pay to
any sum whatsoever.
M
q
Ni-10 75
�Ak*
XV. NONDISCRIMINATION:
agrees that it shall not discriminate as to race, sex, color,
creed, or national origin in connection with its performance under this
Agreement.
XVI. MINORITY PROCUREMENT COMPLIANCE:
acknowledges that he/she has been furnished a copy of Ordinance
No. 10062, the Minority Procurement Ordinance of the City of Miami, and
agrees to comply with all applicable substantive and procedural provisions
therein, including any -amendments thereto.
XVII. CONTINGENCY CLAUSE
Funding for this contract is contingent on the availability of funds
and continued authorization for program activities and is subject to
amendment or termination due to lack of funds, or authorization, reduction
of fund's,•and/or change in regulations.
XVIII. WAIVER:
No waiver of any provision hereof shall be deemed to have been made -
unless such waiver be in writing signed by the party granting the waiver.
The failure of either party to insist upon the strict performance of any of the provisions of this Agreement, shall not be construed as waiving or
relinquishing in the future any such covenants or conditions, but the same
shall continue and remain in full force and effect.
XIX. AMENDMENTS:
No amendments to this Agreement shall be binding on either party
unless in writing and signed by both parties.
/J
87..1.075
IN WITNESS WHEREOF, the parties hereto have caused this instrument to
be executed by the respective officials thereinto duly authorized, this the
day and year first above written.
CITY OF MIAMI, a Municipal
Corporation of the State of
ATTEST: Florida
By
MATTY HIRAI, CITY CLERK CESAR H. ODIO, CITY MANAGER
ATTEST: --
SUCCESSFUL BIDDER
By
APPROVED AS TO FORM AND CORRECTNESS:
LUCIA A.
DO
GHERTY, CITY
ATTORNEY
APPROVED
AS
TO INSURANCE
REQUIREMENT:
RISK MANAGEMENT
/6
s—
CORPORATE RESOLUTION
i
i
WHEREAS, the Board of Directors of
has examined the terms•
conditions and obligations of the proposed contract with the City
of Miami for
.
WHEREAS, the Board of Directors, at a duly held corporate
meeting, have considered the matter in accordance with the by-
laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS OF
that the president and secretary
are hereby authorized and instructed to enter into a contract in
the name of, and on behalf of this corporation, with the City of
Miami for •
in accordance with the contract documents furnished by the City
of Miami, and for the price and upon the terms and payments
contained in the proposed contract submitted by the City of
Miami.
IN WITNESS WHEREOF, this day of , 1987.
ATTEST:
CORPORATE SECRETARY
CHAIRMAN, Board of Directors
. (SEAL)
17
B7-ILO 75