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HomeMy WebLinkAboutRFP - 10109 Golf Carts 2025RFP 10109 Golf Carts 2025 Page 1 of 32 REQUEST FOR PROPOSAL RFP 10109 GOLF CARTS 2025 RFP DUE: 3:00 PM MT (Mountain Time), March 7,2025 The City of Fort Collins is requesting proposals from qualified Professionals for lease purchase financing of electric and gas/fuel powered golf carts for the City’s Golf Department. As part of the City’s commitment to sustainability, proposals must be submitted online through the Rocky Mountain E-Purchasing System (RMEPS) at http://www.bidnetdirect.com/colorado/city- of-fort-collins. Note: please ensure adequate time to submit proposals through RMEPS. Proposals not submitted by the designated Opening Date and Time will not be accepted by RMEPS. A pre-proposal meeting will be held at 1 PM MT on February 21, 2025. The pre-proposal meeting will be hosted on-line via Microsoft Teams. Select or copy/paste the below link into your browser for access to the meeting. Please be prepared to announce your name and mute your microphone: Microsoft Teams Need help? Join the meeting now Meeting ID: 267 528 071 918 Passcode: eu3tV7Q9 Alternatively, the pre-proposal meeting can be accessed via phone at the below call-in and conference ID. This option will only allow you to hear the audio presentation. Dial in by phone Call-in number: 1 (970)-628-0892 Conference ID: 803 919 313# All questions should be submitted, in writing via email, to Dennis Ralph, Senior Buyer at dralph@fcgov.com, with a copy to Scott Phelps, Project Manager, at sphelps@fcgov.com, no later than 3:00 PM MT on February 28, 2025. Please format your e-mail to include: RFP 10109 Golf Carts 2025 in the subject line. Questions received after this deadline may not be answered. Responses to all questions submitted before the deadline will be addressed in an addendum and posted on the Rocky Mountain E-Purchasing System webpage. Rocky Mountain E-Purchasing System hosted by BidNet A copy of the RFP may be obtained at http://www.bidnetdirect.com/colorado/city-of-fort-collins. This RFP has been posted utilizing the following Commodity Code(s): 94654 Installment Purchase/Lease Purchase Financing and Lease With Option to Purchase Financing 97538 Golf Cart Rental or Lease 92962 Motorcycles, Bicycles, Motor Scooters, and Trucksters (Including Golf Carts), Maintenance and Repair 80554 Golfing Equipment Financial Services Purchasing Division 215 N. Mason St. 2nd Floor PO Box 580 Fort Collins, CO 80522 970.221.6775 970.221.6707 fcgov.com/purchasing RFP 10109 Golf Carts 2025 Page 2 of 32 65023 Golf Course Maintenance Tools and Equipment (For Lawn Mowers See Class 515) 07153 Motorscooters and Trucksters (Incl. All Terrain Types, Golf Carts, etc.) Prohibition of Unlawful Discrimination: The City of Fort Collins, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d- 4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award. The City strictly prohibits unlawful discrimination based on an individual’s gender (regardless of gender identity or gender expression), race, color, religion, creed, national origin, ancestry, age 40 years or older, marital status, disability, sexual orientation, genetic information, or other characteristics protected by law. For the purpose of this policy “sexual orientation” means a person’s actual or perceived orientation toward heterosexuality, homosexuality, and bisexuality. The City also strictly prohibits unlawful harassment in the workplace, including sexual harassment. Further, the City strictly prohibits unlawful retaliation against a person who engages in protected activity. Protected activity includes an employee complaining that he or she has been discriminated against in violation of the above policy or participating in an employment discrimination proceeding. The City requires its Professionals to comply with the City’s policy for equal employment opportunity and to prohibit unlawful discrimination, harassment and retaliation. This requirement applies to all third-party Professionals and their subcontractors/subconsultants at every tier. Public Viewing Copy: The City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Professionals Registration: The City requires new Professionals receiving awards from the City to submit IRS form W-9 and requires all Professionals to accept Direct Deposit (Electronic) payment. If needed, the W-9 form and the Vendor Direct Deposit Authorization Form can be found on the City’s Purchasing website at www.fcgov.com/purchasing under Vendor Reference Documents. Please do not submit these documents with your proposal, however, if you take exception to participating in Direct Deposit (Electronic) payments please clearly note such in your proposal as an exception. The City may waive the requirement to participate in Direct Deposit RFP 10109 Golf Carts 2025 Page 3 of 32 (Electronic) payments at its sole discretion. Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a financial interest in the sale to the City of any real or personal property, equipment, material, supplies or services where such officer or employee exercises directly or indirectly any decision-making authority concerning such sale or any supervisory authority over the services to be rendered. This rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor, entertainment, kickback or any items of monetary value from any person who has or is seeking to do business with the City of Fort Collins is prohibited. Collusive or Sham Proposals: Any proposal deemed to be collusive or a sham proposal will be rejected and reported to authorities as such. Your authorized signature of this proposal assures that such proposal is genuine and is not a collusive or sham proposal. The City of Fort Collins reserves the right to reject any and all proposals and to waive any irregularities or informalities. Utilization of Award by Other Agencies: The City of Fort Collins reserves the right to allow other state and local governmental agencies, political subdivisions, and/or school districts to utilize the resulting award under all terms and conditions specified and upon agreement by all parties. Usage by any other entity shall not have a negative impact on the City of Fort Collins in the current term or in any future terms. The selected Professional shall be required to sign the City’s Agreement prior to commencing services (see sample attached to this document). Sincerely, Gerry Paul Purchasing Director RFP 10109 Golf Carts 2025 Page 4 of 32 I. BACKGROUND & OBJECTIVE / OVERVIEW A. Objective The City of Fort Collins is requesting proposals from qualified Professional to provide a lease to purchase including financing of electric and gas/fuel powered golf carts for the Golf Division. B. Contract Period The City of Fort Collins intends to enter into an agreement for the order of Golf carts in calendar year 2025. Once awarded, the City may continue to use the Professional for up to four additional one year renewal periods, subject to mutual agreement of the methodology for establishment of the interest rate for each lease. II. SCOPE OF PROPOSAL 1.0 SCOPE 1.1 The City of Fort Collins is soliciting proposals for the Lease to purchase of: • Thirty-six (36) new 2025 electric golf carts with tops • Twenty (20) new 2026 electric golf carts with tops (Option to Lease) • Four (4) new 2026 Gas golf carts with tops (Option to Lease) • Thirty-six (36) new 2027 electric golf carts with tops (Option to Lease). • Thirty-six (36) new 2028 electric golf carts with tops (Option to Lease). • Thirty-six (36) new 2029 electric golf carts with tops (Option to Lease). For the purposes of this RFP, the following golf carts are acceptable to the Golf Division: • Yamaha Drive 2 AAC pricing in Lead Acid, Lithium battery options and gas. • Club Car Tempo, Tempo Lithium Ion, and gas. • EZGO RXV Elite Lithium and Gas. 1.2 Professionals submitting proposals must be authorized distributors/resellers for the manufacturer and model proposed. 1.3 Should the manufacturer's current published data or specifications exceed the City's specifications, the manufacturer’s specifications shall supersede and take precedence. 2.0 CLARIFICATIONS 2.1 Clarifications regarding these specifications shall be obtained from Dennis Ralph, Senior Buyer, by the Questions Deadline set forth on page 1 of this Request for Proposal. Any changes to the specifications will be communicated by addendum. 3.0 DELIVERY RFP 10109 Golf Carts 2025 Page 5 of 32 3.1 The date of delivery is an essential element of this proposal. Initial delivery of equipment shall be made to: Southridge Golf Course, 5750 South Lemay Avenue, Fort Collins, CO 80525.Future delivery locations are to be determined. 3.2 Lease Rate and Proposal price shall include all costs related to delivery of the new golf carts. For the City’s 2025 golf cart requirements and any subsequent orders such carts must be delivered in ready-to-operate condition by May 30, 2025, after award of the purchasing order(s). The word "delivery", as used in this specification, encompasses delivery of the actual equipment, as specified, complete with all necessary papers such as Manufacturer's Statement of Origin, invoice, warranty, shop, operator's and technical manuals, parts books, as applicable. 3.3 Carts must be washed and serviced in accordance with the manufacturer's specifications and be ready for delivery in drive-away condition. 3.4 All units to be new and of the manufacturer's latest model in production at the time of delivery and standard equipped, unless otherwise specified. Time is of the essence. The City shall be kept advised of any anticipated delay in delivery. No payment shall be made by the City for any delivery of specified equipment until all aspects of the contract have been fulfilled, unless pre-arranged and approved in writing jointly by the Director of Purchasing and the Manager of Golf. 4.0 SPECIFICATIONS: GENERAL: The following specifications describe electric and gas/fuel powered golf carts to be leased by the City of Fort Collins’ Golf Division. All proposals must include complete and up-to-date manufacturer's specifications. No. Item: Description: Meets Spec? 4.1 Quantity Thirty-six (36) Electric golf carts – 2025 Twenty (20) Electric golf carts-- 2026 Four (4) Gas golf carts – 2026 Thirty-six (36) Electric golf carts – 2027 Thirty-six (36) Electric golf carts – 2028 Thirty-six (36) Electric golf carts – 2029 4.2 Type New, four wheel, electric or gas/fuel powered. Only bids for makes and models listed in paragraph 1.1 will be considered. Yes ____ No ____ 4.3 Motor and Batteries Standard for listed Electric models: Batteries must be equipped with lithium and lead acid a single-fill system Yes ____ No ____ ____ 4.4 Bumpers Standard for listed models Yes ____ No ____ 4.5 Cover Canopy or sun roof top Yes ____ No ____ RFP 10109 Golf Carts 2025 Page 6 of 32 No. Item: Description: Meets Spec? 4.6 Color White Yes ____ No ____ 4.7 Seat Seats standard for listed models Yes ____ No ____ 4.8 Bag rack Secure, dual bag holder, large enough to accommodate two oversize golf bags Yes ____ No ____ 4.9 Spike Protection Spike resistant dash, floor covering and pedals Yes ____ No ____ 4.10 Accessories - Minimum of two (2) drink holders - Scorecard holders - Storage area for golf balls or small personal items - Back-up warning alarm - Sweater basket - Three (3) number decals for carts (number format will be provided at time of award) -Message placard - Windshield (Split) - Any and all other accessories advertised as standard by manufacturer for listed models Yes ____ No ____ No. Item: Description: Meets Spec? 4.11 Warranty Full four (4) year warranty, commencing from date of delivery. Warranty shall cover defective components and workmanship, and shall cover all parts and labor associated with such defects. All warranty work must be performed at the Golf Course Shop the carts were delivered. Yes ____ No ____ 4.12 Delivery Carts shall be delivered by May 30, 2025 after award of the purchase order and shall be delivered in ready to operate condition. Yes ____ No ____ RFP 10109 Golf Carts 2025 Page 7 of 32 5.0 PRICE PROPOSAL 9415 Golf Carts 2022 5.1 Make: ______________ Model: _______________ Year __________ 5.2 Pricing per unit and Lease to purchase rate 5.2.1 As specified 2025 price Per unit - Electric Per unit – Gas/Fuel Lease Purchase Rate Trade in value for 36 carts (36 2021 Yamaha Drive2 AC Electric Golf Cars (Include Windshield, Msg. Holder, & (2) sand/seed bottles) $ ____________ $ ____________ $ ____________ $ ____________ 5.2.3 Optional accessories (Price/Each): Ball Washer Sand Bottle holders (2) Sand Bottles (2) USB ports (2) Installation cost for optional accessories $ _____________ $ _____________ $ _____________ $ _____________ $______________ 5.3 Future Lease to Purchase Additional lease to purchases may be made from this solicitation for up to four additional one year periods following the initial award. Current and Future Lease to purchases will involve trade-ins of existing electric and gas/fuel powered carts. Golf cart base price changes and trade-in amounts must be negotiated by and agreed to by both parties. Notwithstanding the above, the City may solicit separate proposals for the additional golf carts. 5.4 Professionals must submit: a) Completed 4.0 Specifications and 5.0 Price Proposal pages b) Signed Section V: Acknowledgement c) Complete and submit Section VI: Professional Response for Evaluation d) Proposal addressing submittal requirements in Section III. RFP 10109 Golf Carts 2025 Page 8 of 32 6.0 LESSOR REQUIREMENTS Awarded Lessor must enter into a Master Lease-Purchase Agreement, using the City of Fort Collins Master Lease-Purchase Agreement, attached in Section VII. The Lessor must agree to a five (5) year lease term with quarterly lease payments in arrears. Lessor must produce an amortization table for each lease. 7.0 GENERAL LEASE SCHEDULE PROCEDURES Once a Master Lease-Purchase Agreement is in place, individual leases will be set up using Lease Schedules. City staff will provide Lessor with an estimate for the amount of equipment to be purchased in accordance with Section 4.1 and request an interest rate quote using the methodology stated in the Master Lease-Purchase Agreement. The quote must be good for at least 45 days or as otherwise mutually agreed by the parties. 8.0 FREIGHT TERMS FOB destination – Will be for the following locations. • Collindale Golf Course, 1441 East Horsetooth Road, Fort Collins, CO 80525 • City Park Nine Golf Course, 413 South Bryan Fort Collins CO 80521 • Southridge Golf course 5750 South Lemay Fort Collins CO 80525 Freight prepaid. All freight charges must be included in price. 9.0 DELIVERY Initial Delivery will occur by May 30, 2025, after issuance of Purchase Order by the City. Future delivery locations are to be determined. If the Initial Deliver date can not be met, the Professional is required to provide the date that equipment can be delivered to the City. C. Anticipated Schedule The following represents the City’s target schedule for the RFP. The City reserves the right to amend the target schedule at any time. • RFP issuance: February 14,2025 • Pre-Proposal Meeting: 1:00 PM MT on February 21,2025 • Question deadline: 3:00 PM MT on February 28, 2025 • Proposal due date: 3:00 PM MT on March 7, 2025 • Interviews (tentative): Week of March 21, 2025 • Award of Contract (tentative): Week of March 28, 2025 • Completion of project: May 30, 2025 D. Interviews RFP 10109 Golf Carts 2025 Page 9 of 32 In addition to submitting a written proposal, the top-rated Professionals may be interviewed by the RFP assessment team and asked to participate in an oral presentation to provide an overview of the company, approach to the project and to address questions. The evaluation criteria for the oral interviews will be the same as the criteria for the written evaluations and is included in Section IV. Instead of traditional in-person interviews for the optional interview session, the City may opt to use alternate methods including, but not limited to remote interviews through a platform such as Microsoft Teams or Zoom. E. Fees, Licenses, Permits The successful Professional shall be responsible for obtaining any necessary licenses, fees or permits without additional expense to the City. All vehicles and equipment shall be properly licensed and insured, carry the appropriate permits and be placarded as required by law. F. Laws and Regulations The Professional agrees to comply fully with all applicable local, State of Colorado and Federal laws and regulations and municipal ordinances to include American Disabilities Act (ADA). G. Agreement The awarded Professional will be required to sign the City’s Master Lease Purchase Agreement, a sample of which is attached as Section VII for reference purposes. III. PROPOSAL SUBMITTAL Please limit the total length of your proposal to a maximum of fifty (50) 8 ½ x 11” pages (excluding cover pages, table of contents, dividers and Acknowledgement form). Font shall be a minimum of 10 Arial and margins are limited to no less than .5” for sides and top/bottom. Extended page sizes, such as 11” x 17”, count as a single page and may be used for detailed pricing. Links to other files or websites shall not be permitted. Proposals that do not conform to these requirements may be rejected. Professionals are required to provide detailed written responses to the following items in the order outlined below. The responses shall be considered technical offers of what Professionals propose to provide and shall be incorporated in the contract award as deemed appropriate by the City. A proposal that does not include all the information required may be deemed non-responsive and subject to rejection. Responses must include all the items in the order listed below. It is suggested that the Professionals include each of the City’s questions with their response. The City of Fort Collins shall not reimburse any firm for costs incurred in the preparation and presentation of their proposal. A. Cover Letter / Executive Summary The Executive Summary should highlight the content of the proposal and features of the program offered, including a general description of the program and any unique aspects or benefits provided by your firm. Indicate your availability to participate in the interviews/demonstrations on the proposed dates as stated in the Schedule section. RFP 10109 Golf Carts 2025 Page 10 of 32 B. Professional Information 1. Describe the Professional’s business and background 2. Number of years in the business 3. Details about ownership 4. An overview of services offered and qualifications 5. Size of the firm 6. Location(s) of offices. If multiple, please identify which will be the primary for our account. 7. Primary contact information for the company including contact name(s) and title(s), mailing address(s), phone number(s), and email address(s). C. Scope of Proposal 1. Provide a detailed narrative of the services proposed if awarded the contract per the scope above. The narrative should include any options that may be beneficial for the City to consider. 2. Describe how the project would be managed and who would have primary responsibility for its timely and professional completion. 3. Briefly describe the approach to execute the scope of work to include the methods and assumptions used, and any exceptions and/or risks. 4. Describe the methods and timeline of communication your firm will use with the City’s Project Manager and other parties. 5. Include a description of the software and other analysis tools to be used. 6. Identify what portion of work, if any, may be subcontracted or outsourced to subconsultants. Include all applicable information herein requested for each Professional. 7. Can the work be completed in the necessary timeframe with target start and completion dates met? D. Firm Capability and Assigned Personnel Provide relevant information regarding previous experience related to this or similar projects, to include the following: 1. Provide an Organization Chart/Proposed Project Team: An organization chart containing the names of all key personnel and subconsultants with titles and their specific task assignment for this Agreement shall be provided in this section. 2. A list of qualifications for your firm and qualifications and experience of the specific staff members proposed to perform the services described above. 3. References. Provide a minimum of three similar projects with public agencies in the last 5 years that have involved the staff and subcontractors/subconsultants proposed to work on this project. Include the owner’s name, title of project, beginning price, ending price, contact name, email and phone number, subconsultants on the team and a brief description of the work and any change orders. The Professional authorizes the City to verify any and all information contained herein and hereby releases all those concerned providing information as a reference from any liability in RFP 10109 Golf Carts 2025 Page 11 of 32 connection with any information provided. 4. Provide any information that distinguishes Professional from its competition and any additional information applicable to this RFP that might be valuable in assessing Professional’s proposal. E. Sustainability/TBL Methodology In concise terms (no more than two pages), please describe your organization’s commitment to sustainability and supporting values. Each element of the TBL sustainability criteria will receive equal consideration in determining the final Sustainability/TBL score. 1. Address how your firm strives to incorporate all three aspects (social, environmental, and economic) of Triple Bottom Line (TBL) sustainable practices into the workplace. Provide examples along with any metrics used to measure success within your firm. 2. Also provide examples of how your firm has incorporated all three aspects of TBL sustainable practices in previous similar projects on which your firm has been the prime Professional. Some examples are provided below: a. Environmental – Experience delivering projects / programs focused on environmental health priorities in the areas of climate resiliency, water quality and watershed protection, regulatory performance, management systems, air quality, renewable energy, sustainable building and design, construction materials management, and solid waste reduction. b. Economic – Experience working and delivering projects with an emphasis on strategic financial planning, job creation, business development, asset management, various project delivery methods, value engineering, regional partnerships, transparency, stakeholder engagement, strategic investments, aging infrastructure, repurposing of existing facilities, and competing financial priorities. c. Social - Experience working and delivering projects, programs, and/or initiatives that support Equity, Diversity, and Inclusion throughout your firm’s workplace, including leadership, and supply chain. Examples of this may be demonstration of working within cultural and language gaps, development of diversity programs, diverse project teams, equitable opportunity vendor supply chain, and how your firm has applied an equity lens to processes such as recruitment, hiring, purchasing, career pathways, salaries, and staff engagement. F. Cost and Work Hours In your response to this proposal, please provide the following: 1. Completed Section 5.0 Price Proposal 2. In your response to this proposal, please provide the following: 2.1 Methodology proposed for establishment of the interest rate for each lease. Proposed methodology to be used for each lease. 2.2 Provide example of the interest rate calculation based on the proposed RFP 10109 Golf Carts 2025 Page 12 of 32 methodology to include an amortization table. 2.3 Complete and submit Section V – Professional Response for Evaluation G. Sample Agreement The awarded Service Provider will be required to sign the City’s Master Lease Purchase Agreement, a sample of which is attached as Section VII for reference purposes. The Professional is required to review this Agreement and indicate any objections to the terms of the contract. If revisions to the contractual terms are requested, provide proposed revisions. H. Acknowledgement The Acknowledgement form is attached as Section V. Complete the attached form indicating the Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that the Professional has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP. IV. REVIEW AND ASSESSMENT CRITERIA A. Proposal and Interview Criteria Professionals will be evaluated on the following criteria. This set of criteria will be the basis for review and assessment of the written proposals and optional interview session. At the discretion of the City, interviews of the top-rated Professionals may be conducted. The rating scale shall be from 1 to 10, a rating of 1 doesn’t meet minimum requirements, a rating of 5 means the category fulfills the minimum requirements, and 10 exceeds minimum requirements in that category. WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 2.0 Scope of Proposal Does the proposal address all elements of the RFP? Does the proposal show an understanding of the project objectives, methodology to be used and results/outcomes required by the project? Are there any exceptions to the specifications, Scope of Work, or agreement? Can the work be completed in the necessary time? Can the target start and completion dates be met? Are other qualified personnel available to assist in meeting the project schedule if required? Is the project team available to attend meetings as required by the Scope of Work? RFP 10109 Golf Carts 2025 Page 13 of 32 WEIGHTING FACTOR CATEGORY STANDARD QUESTIONS 3.0 Firm Capability & Assigned Personnel Does the firm have the resources, financial strength, capacity and support capabilities required to successfully complete the project on- time and in-budget? Has the firm successfully completed previous projects of this type and scope? Do the persons who will be working on the project have the necessary skills and qualifications? Are sufficient people of the requisite skills and qualifications assigned to the project? 1.0 Sustainability/TBL Methodology Does the firm demonstrate a commitment to Sustainability and incorporate Triple Bottom Line methodology in both their Scope of Work for the project, and their day-to-day business operating processes and procedures? Does the firm demonstrate a commitment to all three aspects (social, environmental, and economic) of the Triple Bottom Line (TBL) methodology of sustainability for this project and in their company value system as evidenced by their day-to-day business operating processes, practices and procedures? 4.0 Cost & Finance Rates Does the proposal included detailed cost break- down for each cost element as applicable and are the line-item costs competitive? Do the proposed cost and work hours compare favorably with the Project Manager's estimate? RFP 10109 Golf Carts 2025 Page 14 of 32 V. ACKNOWLEDGEMENT This form may not be redlined and must be submitted with your proposal. Failure to adhere to these requirements may result in your proposal being rejected. Professional hereby acknowledges receipt of the City of Fort Collins Request for Proposal and acknowledges that it has read and agrees to be fully bound by all of the terms, conditions and other provisions set forth in the RFP 10109 Golf Carts 2025 and sample Agreement except as otherwise noted. Additionally, Professional hereby makes the following representations to City: a. All of the statements and representations made in this proposal are true to the best of the Professional’s knowledge and belief. b. Professional commits that it is able to meet the terms provided in this proposal. c. This proposal is a firm and binding offer, for a period of 90 days from the date hereof. d. Professional further agrees that the method of award is acceptable. e. Professional also agrees to complete the proposed Agreement with the City of Fort Collins within 10 days of notice of award. If contract is not completed and signed within 10 days, City reserves the right to cancel and award to the next highest rated firm. f. Professional acknowledges receipt of addenda. g. Professional acknowledges no conflict of interest. h. Professional acknowledges that the City is a governmental entity subject to the Colorado Open Records Act, C.R.S. §§ 24-72-200.1 et seq. (“CORA”). Any proposals submitted hereunder are subject to public disclosure by the City pursuant to CORA and City ordinances. Professionals may submit one (1) additional complete proposal clearly marked “FOR PUBLIC VIEWING.” In this version of the proposal, Professionals may redact text and/or data that it deems confidential or proprietary pursuant to CORA. All pricing will be considered public records subject to disclosure under CORA and as such pricing cannot be redacted from the “FOR PUBLIC VIEWING” version of the proposal. Failure to provide a public viewing copy will be considered a waiver of any claim of confidentiality under CORA without regard to how the applicant’s proposal or certain pages of the proposal are marked confidential, proprietary, or similar. Such statement does not necessarily exempt such documentation from public disclosure if required by CORA, by order of a court of appropriate jurisdiction, or other applicable law. Generally, under CORA, trade secrets, confidential commercial information and financial data information may not be disclosed by the City. Proposals may not be marked “Confidential” or ‘Proprietary’ in their entirety. By responding to this RFP, Professionals hereby waives any and all claims for damages against the City for the City’s good faith compliance with CORA. All provisions and pricing of any contract resulting from this request for proposal will be public information. Legal Firm Name: Physical Address: Remit to Address: Phone: RFP 10109 Golf Carts 2025 Page 15 of 32 Name of Authorized Agent of Firm: Signature of Authorized Agent: Primary Contact for Project: Title: Email Address: Phone: Cell Phone: NOTE: ACKNOWLEDGMENT IS TO BE SIGNED & RETURNED WITH YOUR PROPOSAL. RFP 10109 Golf Carts 2025 Page 16 of 32 VI. PROFESSIONAL RESPONSE FOR EVALUATION The City of Fort Collins does not anticipate the issuance of long-term, tax-exempt obligations exceeding $10,000,000 in 2025. Therefore, this agreement will be considered bank qualified. THE CITY OF FORT COLLINS LEASE-PURCHASE AGREEMENT. Acceptable? Yes No (If your response is "No", please explain on a separate sheet.) The City will consider suggestions for changes in the agreement if those changes are minor in nature, legally required, or which reflect current industry practice. COMPANY INFORMATION. Provide requested information on a separate sheet. SERVICE REPRESENTATIVES Include name, title, phone number and email address. List representatives on a separate sheet REFERENCES Include entity name, contact person, email address and phone number. List references on separate sheet. INTEREST RATE PROPOSAL 2025 Lease: Lease agreement date: May 2025 Principal Amount: $200,000.00 (estimated) Sample Types of Equipment Financed: Golf Carts. All equipment has a service life exceeding five years. Term: Five (5) years, quarterly payments, in arrears Proposed interest rate: % (simple) ** Please provide an explanation on how proposed interest rate was determined and methodology to be used for establishment of the interest rates for future leases through 2029. Quarterly payments: $ First payment due ~ July 1, 2025. Please attach amortization table for the above sample lease. RFP 10109 Golf Carts 2025 Page 17 of 32 VII. SAMPLE AGREEMENT (FOR REFERENCE ONLY – DO NOT SIGN ) MASTER LEASE-PURCHASE AGREEMENT THIS MASTER LEASE-PURCHASE AGREEMENT ("Agreement") between("Lessor") and THE CITY OF FORT COLLINS, COLORADO, municipal corporation ("Lessee") dated, is as follows: ARTICLE I -- LEASE OF EQUIPMENT 1.1 Agreement to Lease Lessor agrees to lease to Lessee, and Lessee agrees to lease from Lessor, the equipment (the "Equipment") as more fully described in each Schedule of Equipment (Exhibit A), which together with a Payment Schedule (Exhibit B) shall constitute a “Schedule,” subject to the terms and conditions of and for the purposes set forth in each Lease. Each Schedule and the terms and provisions of this Agreement (which includes all exhibits hereto, together with any amendments and modifications pursuant thereto) which are incorporated by reference into such Schedule shall constitute a separate and independent lease-purchase of the Equipment therein described and are referred to herein as a “Lease”. Nothing herein shall be construed to obligate the Lessor to enter into any Lease not currently in existence, and Lessor shall approve each proposed Lease in its sole discretion. Such approval shall not be unreasonably withheld. Further, nothing herein shall be construed to obligate Lessee to enter into any lease not currently in existence. Lessor acknowledges and agrees that Lessee may enter into a lease-purchase arrangement at any time with any other party, and such agreement shall have no bearing on this Agreement. 1.2 Title During the term of each Lease, title to the Equipment will be in Lessor subject to the transfer to Lessee upon Lessee’s purchase of the Equipment as provided herein. Upon the termination of the Lease for any reason other than Lessee’s purchase of the Equipment, title to any Equipment not purchased by Lessee at the time of termination shall remain in Lessor. Lessor at all times with reasonable written notice will have access to the Equipment for the purpose of inspection. Notwithstanding that Lessor holds naked legal title under each Lease until title has fully vested in Lessee, as provided in Article V. of this Agreement, Lessee and Lessor agree Lessee shall be the owner of the Equipment for federal tax purposes and that during the Lease Term, Lessee shall have all the beneficial and equitable rights of ownership and the associated obligations and liabilities including but not limited to insurance, taxes, and maintenance associated with the Equipment. Lessee and Lessor further agree that Lessee shall be listed as “Owner” on the vehicle titles and shall be treated as the owner for all the purposes stated herein. It will not be necessary for Lessor to be listed as lienholder on vehicle titles. Upon the payment of all rent payable pursuant to Section 4.1 for the original term and all renewal terms, or exercise of the option to purchase as specified herein, Lessor shall immediately transfer title to any Equipment so RFP 10109 Golf Carts 2025 Page 18 of 32 purchased to Lessee, and Lessor’s interest in such Equipment shall terminate. Following a non- appropriation of funds by Lessee or an event of default by the Lessee under any Lease, the Lessee will, at the Lessee’s expense, execute and deliver such additional instruments, certificates or documents, and will take all such actions as the Lessor may reasonably request for the purposes of implementing or effectuating the provisions of such Lease with respect to title in the Equipment vesting in Lessor or for the purpose of more fully completing, perfecting, continuing, preserving or renewing the rights of the Lessor with respect to the Equipment. 1.3 Lease Not a Pledge of City's Revenues Nothing contained in a Lease shall constitute a pledge of the general tax revenues, funds or monies of Lessee except amounts appropriated for the purpose of making Lease payments during the Lessee’s current fiscal year. ARTICLE II -- DEFINITIONS When used in this Agreement, the following words and terms shall have the meanings indicated below unless the context clearly requires otherwise: 2.1 “Agreement Term” or “Term of this Agreement” means the period from the date of execution and delivery of this Agreement until terminated as provided herein. 2.2 “Commencement Date” for each Lease means the date interest commences to accrue under such Lease which shall be the Date on which the Equipment listed in such Lease is delivered to and accepted by Lessee. 2.3 "Equipment" means all or any of the property described in Exhibit A which Lessor is leasing to Lessee. 2.4 "Funds" means funds of Lessee legally available and which have been properly appropriated. 2.5 "Governing Body" means the Fort Collins, Colorado City Council or any successor governing body of Lessee. 2.6 "Lease Term" or “Term of a Lease” means the period commencing on the Commencement Date of each Lease and continuing as provided in the applicable Exhibit B, unless sooner terminated as provided for in Section 3.2 or 3.3 hereof. 2.7 "Lessee" means the City of Fort Collins, Colorado, a home rule municipality and body corporate and politic existing under the Laws of the State of Colorado which is leasing the Equipment from Lessor. 2.8 "Lessor" means _____________________., which is leasing the Equipment to Lessee, and includes Lessor’s assigns. RFP 10109 Golf Carts 2025 Page 19 of 32 2.9 "Vendor" means the manufacturers of the Equipment (or the manufacturers' agent or dealer) from whom Lessee purchased or is purchasing the Equipment. ARTICLE III -- LEASE TERM 3.1 Commencement This Agreement shall commence MONTH DATE, YEAR, and shall continue in full force and effect until MONTH DATE, YEAR, unless sooner terminated as herein provided. In addition, at the option of the Lessee, the Agreement may be extended for additional one year periods not to exceed four (4) additional one year periods. 3.2 Non-appropriation of Funds Lessee reasonably believes that it will have a need for the Equipment for the duration of the Lease Term provided under a Lease and that funds will be available and appropriated to make all payments for the Lease Term provided under the Lease; provided, however, the availability of funds in future fiscal years is dependent upon appropriation of funds by the Governing Body, which appropriation is entirely discretionary. Lessee will seek funding each year as part of its Governing Body’s budget process. If funds intended for the continued leasing of the Equipment for any ensuing fiscal period are not appropriated for such purpose, Lessee may terminate the Lease for which funds were not appropriated at the end of the fiscal period then in effect for such Lease without penalty. Lessee will notify Lessor at least thirty (30) days prior to the expiration of the fiscal period if funds are not available for the payments required under a Lease by reason of non-appropriation of funds as set forth above. Upon termination of such Lease for non-appropriation, if Lessee has not exercised the option to purchase under Article V of this Agreement, Lessor shall be entitled to take possession of the Equipment. Lessee shall prepare the equipment for pickup by Lessor within a reasonable period of time following termination. Lessor and Lessee understand and intend that the obligation of Lessee to pay rent under the Lease shall constitute only a current expense of Lessee and shall not constitute or give rise to a general obligation, multiple-fiscal year debt or other indebtedness or financial obligation of Lessee within the meaning of any constitutional, statutory or Fort Collins Home Rule Charter provision or limitation, including, without limitation, Article X, Section 20 of the Colorado Constitution, nor a mandatory charge or requirement against Lessee in any ensuing fiscal year beyond the then current fiscal year. 3.3 Lease Termination Any Lease will terminate upon the earliest of any of the following events: (a) A non-appropriation of funds as provided in Section 3.2; RFP 10109 Golf Carts 2025 Page 20 of 32 (b) The exercise by Lessee of any option to purchase granted in the Lease by which Lessee purchases all of the Equipment subject to such Lease; (c) A default by Lessee and an election by Lessor to terminate such Lease under Article VIII of this Agreement; or (d) Upon payment of all payments required to be made by Lessee under the Lease. ARTICLE IV -- RENT 4.1 Amount Lessee will pay Lessor rental payments for the lease of the Equipment on the dates and in the amounts set forth in the applicable Exhibit B. Lessee shall have no obligation to make such rent payments from any source other than the Funds. 4.2 Portion of Rent Attributable to Interest The portion of each rent payment which is paid as and is representative of interest is set forth in the applicable Exhibit B. The interest rate for each Lease shall be shown on each Exhibit B. 4.3 Tax Representations Lessee understands that Lessor intends to exclude the interest component of the rental payments from Federal gross income pursuant to the Internal Revenue Code of 1986, as amended (the "Code"). Lessee covenants and agrees on the date hereof and as of the Commencement Date of each Lease that it will, for each Lease: (i) use a book entry system to register the owner of each Lease so as to meet the applicable requirements of Section 149(a)(3) of the Internal Revenue Code of 1986, as amended; (ii) timely file a Form 8038-G (or, if the invoice price of the Equipment is less than $100,000, a Form 8038-GC) with the Internal Revenue Service in accordance with Section 149(e) of the Code; (iii) not permit the Equipment to be directly or indirectly used for a private business use within the meaning of Section 141 of the Code; (vi) comply with all applicable provisions of Section 103 of the Code. Lessee acknowledges and agrees that in the event Lessor is to reimburse Lessee under any Lease for Equipment which was acquired prior to the commencement of such Lease, Lessee shall comply with all Internal Revenue Code and Treasury Regulations regarding reimbursements. 4.4. No Right to Withhold Notwithstanding any dispute between Lessor and Lessee, or Vendor and Lessee, Lessee will RFP 10109 Golf Carts 2025 Page 21 of 32 make all payments of rent when due, without withholding any portion of such rent, pending final resolution of such dispute by mutual agreement between Lessor and Lessee or by a court of competent jurisdiction. ARTICLE V -- OPTION TO PURCHASE EQUIPMENT 5.2 Option to Purchase Equipment In Event of Total Loss Lessee shall not be permitted to prepay the rents or any other obligation under a Lease in whole or in part; except as provided in Section 11.3. In such event, Lessee may purchase the Equipment from Lessor, after payment of the rental payment then due, at a price determined by the Principal Balance remaining on Exhibit B, Payment Schedule. In the event of total loss, individual pieces of Equipment may be purchased from Lessor, after payment of the rental payment then due, at a price determined by the principal balance remaining on the individual item's amortization schedule, as produced by Lessee personnel. Price will be agreeable to both parties. In addition, when purchasing individual items pursuant to Section 11.3, the Lessee agrees to pay a fee of $250. ARTICLE VI -- REPRESENTATIONS, COVENANTS, AND WARRANTIES OF LESSEE Lessee represents, covenants, and warrants on the date hereof and as of the Commencement Date of each Lease as follows: 6.1 Status of Lessee Lessee is a Colorado home rule municipality duly organized and existing under the Constitution and the laws of the State of Colorado. 6.2 Authorization to Execute Lease Lessee is authorized by the Colorado Constitution, laws of the State of Colorado, City Charter and City Code to enter into the transactions contemplated by this Agreement and each Lease, including all exhibits hereto and thereto, and to effect all of the Lessee's obligations under each Lease and all exhibits. The City’s Purchasing Agent is duly authorized by the City Charter and Code to execute and deliver this Agreement and each Lease and all exhibits hereto and thereto on behalf of the Lessee. This Agreement and each Lease and all exhibits hereto and thereto constitutes the valid and binding obligation of the Lessee enforceable in accordance with their terms. 6.3 Satisfaction of Procedures and Funding Requirements All procedures, including any legal bidding requirements, have been met by Lessee prior to the execution of this Agreement and each Lease, and all rent and other payment obligations will be paid only out of the Funds. RFP 10109 Golf Carts 2025 Page 22 of 32 6.4 Preservation of Warranties and Guarantees Lessee will use and service the Equipment in accordance with the Vendor's instructions and in such a manner as to preserve all warranties and guarantees with respect to the Equipment. 6.5 Representations, Covenants, Warranties, and Obligations to be Cumulative The representations, covenants, warranties and obligations set forth in this Article are in addition to and are not intended to limit any other representations, covenants, warranties and obligations set forth in this Agreement or in any Lease. 6.6 Opinion of Lessee's Counsel The Lessee will provide an opinion of its counsel with respect to the status of the Lessee, the notice of any pending legal proceedings threatening the enforceability of a Lease, the compliance with bidding requirements, the enforceability of this Agreement or any Lease and reasonably related matters. ARTICLE VII -- REPRESENTATIONS, COVENANTS AND WARRANTIES OF LESSOR 7.1 Enjoyment During the term of each Lease, Lessor will provide Lessee with quiet use and enjoyment of the Equipment, without suit, or hindrance from Lessor, except upon default by Lessee as to such Lease, as set forth in Section 8.1 herein. 7.2 Disclaimer of Warranties and Status of Lessor, Etc Lessee has selected the Equipment and desires to lease the Equipment for use in the performance of its governmental functions. Lessor will not be liable for specific performance or for damages if the Vendor of the Equipment for any reason fails to fill, or delays in filling, the order for the Equipment (or similar Equipment) and does not inspect the Equipment prior to delivery to Lessee. For the purposes of each Lease and of any purchase of the Equipment affected under any Lease, Lessor expressly disclaims any warranty with respect to the condition, quality, durability, suitability, or merchantability of the Equipment in any respect, and any other representation, warranty, or covenant, express or implied. Lessor will not be liable to Lessee for any liability, loss, or damage caused or alleged to be caused directly or indirectly, by any inadequacy, deficiency, or defect in the Equipment, or by use of the Equipment, whatsoever. Lessor assigns to Lessee, without recourse, for the term of each Lease, all manu facturer warranties and guarantees, express or implied, pertinent to the Equipment, and Lessor authorizes Lessee to obtain the customary services furnished in connection with such guarantees and warranties at Lessee's expense, subject to Lessee's obligation to reassign to Lessor all such warranties and guarantees upon Lessor’s repossession of the Equipment. 7.3 Authorization to Execute Lease. RFP 10109 Golf Carts 2025 Page 23 of 32 This Agreement and each Lease and all exhibits hereto and thereto constitutes the valid and binding obligation of the Lessee enforceable in accordance with their terms. ARTICLE VIII -- DEFAULT 8.1 Events of Lessee Default Lessee will be in default under a Lease upon the happening of any one or more of the following events: (a) Lessee fails to make any rent payment or other payment (including, without limitation, insurance premiums, taxes, utilities, fines, and fees) when due; or (b) Lessee fails to satisfy promptly any representation, covenant, warranty, or other obligation under the Lease; or (c) Lessee comes within the jurisdiction of any court as debtor under any bankruptcy, reorganization, or similar law, whether or not such law is in existence on the date such Lease commences; or (d) Lessee shall be in default under any other financing agreement executed at any time with Lessor. 8.2 Remedies on Default To the maximum extent permitted by law, upon any event of default, Lessor may in its sole discretion pursue any one or more of the following remedies (which will be exercisable cumulatively and concurrently or separately), provided notice of default is given by Lessor to Lessee by certified mail and Lessee shall have up to thirty (30) days after receipt of such notice within which to cure any such default specified in Section 8.1: (a) Terminate such Lease, repossess the Equipment subject to the Lease under default, and lease (free and clear of any interest of Lessee in the Equipment) all or any portion of the Equipment to such other persons as Lessor may elect, applying the proceeds of any such lease (after deducting Lessor's cost of repossessing, repairing, storing, moving, and leasing the Equipment, including attorney's fees) against any rent unpaid for the remainder of the original and any renewal terms and any other amounts owed to Lessor under such Lease at the time of Lessor's election under this paragraph; (b) Terminate such Lease, repossess the Equipment subject to the Lease under default, and sell (free and clear of any interest of Lessee in the Equipment) all or any portion of the Equipment at any public or private sale without demand or notice of intention to sell, applying the proceeds of such sale (after deducting the costs of repossessing, repairing, storing, moving, and selling the Equipment, including attorneys' fees) against any rent unpaid for the remainder of the original and any renewal Terms and any other amounts owed to Lessor under such Lease at the time of Lessor's election under this paragraph; RFP 10109 Golf Carts 2025 Page 24 of 32 and (c) Avail itself of any other remedy at law or equity. A default as to any one Lease shall in no way affect or impair Lessee’s rights or obligations as to any other Lease then in effect. 8.3 Default by Lessor In the event Lessor should fail to perform in any material respect its obligations under this Agreement, Lessor may be declared in default of this Agreement. To the maximum extent permitted by law upon any event of default, the Lessee may, in its sole discretion, pursue one or both of the following remedies provided notice of default is given by Lessee to Lessor by certified mail and provided further that Lessor shall have up to thirty (30) days time after receipt of such notice within which to cure any such default: (a) Terminate this Agreement and seek actual damages; and (b) Avail itself of any other remedy at law or equity. A default by Lessor shall in no way affect or impair Lessee’s rights or obligations as to any lease then in effect. 8.4 Interest on Unpaid Rent In addition to all of the remedies in Section 8.2, Lessee will be liable to the maximum extent permitted by law for interest on any unpaid rent or other payment under a Lease at the rate of eight per cent (8%) per annum. 8.5 Attorneys' Fees In the event either party to this Lease should incur attorneys' fees for litigation in order to enforce this Agreement or any Lease or to protect its rights hereunder, then, in that event, each party in any such litigation shall be responsible for their attorneys' fees and expenses. ARTICLE IX -- NET LEASE 9.1 Interpretation Each Lease for all purposes will be treated as a net lease. 9.2 Taxes and Fees Lessee agrees to pay all license, sales, use, personal property, and other taxes and fees, together with any penalties, fines, and interest on such taxes and fees imposed or levied with respect to the Equipment and the ownership, delivery, lease, possession, use, operation, sale, and other disposition of the Equipment, and upon the rental or earnings arising from any such disposition, RFP 10109 Golf Carts 2025 Page 25 of 32 except any Federal or State income taxes payable by Lessor on such rental or earnings. Lessee may in good faith and by appropriate proceedings contest any such taxes and fees so long as such proceedings do not involve any danger of sale, forfeiture, or loss of the Equipment or of any interest in the Equipment. 9.3 Permits Lessee will provide all permits and licenses necessary for the installation, operation, and use of the Equipment. Lessee will comply with all laws, rules, regulations, and ordinances applicable to the installation, use, possession, and operation of the Equipment. If compliance with any law, rule, regulation, ordinance, permit, or license requires changes or additions to be made to the Equipment, such changes or additions will be made by Lessee at its own expense. ARTICLE X -- USE, REPAIRS, ALTERATIONS, AND LIENS 10.1 Use Lessee will not install, use, operate, or maintain the Equipment improperly, carelessly, in violation of any applicable law, or in a manner contrary to that contemplated by the Lease. Lessee agrees that the Equipment is and at all times will remain personal property notwithstanding that the Equipment or any part of the Equipment may now or hereafter become affixed in any manner to real property or to any building on real property. 10.2 Repairs Lessee, at its own cost will service, repair, and maintain the Equipment so as to keep the Equipment in good condition, repair, appearance, and working order , ordinary wear and tear excepted. At its own cost, Lessee will replace any and all parts and devices which may from time to time become worn out, lost, stolen, destroyed, damaged beyond repair, or rendered unfit for use or any reason whatsoever. All such replacement parts, mechanisms, and devices will be free and clear of all liens, encumbrances, and rights of others, and immediately will become a part of the Equipment and will be covered by the Lease. 10.3 Alterations Lessee may install such miscellaneous equipment as may be necessary for use of the Equipment for its intended purposes so long as either: (a) the installation of such equipment does not alter the function or manner of operation of the Equipment, or (b) Lessee, upon termination of the Lease, restores the Equipment to its function and manner of operation prior to the installation of such miscellaneous equipment. Subject to the obligations described above, Lessee may remove such miscellaneous equipment upon termination of the Lease, if the removal of such miscellaneous equipment will not damage RFP 10109 Golf Carts 2025 Page 26 of 32 the Equipment. Without the prior written consent of Lessor, Lessee will not make any other alterations, changes, modifications, additions, or improvements to the Equipment as described in Section 10.2. Modifications, additions, and improvements made to the Equipment, other than miscellaneous equipment installed as set forth above, immediately will become a part of the Equipment and will be covered by the Lease to the same extent as the Equipment originally covered by the Lease. No such alterations, changes, modifications, additions and improvements may impair or reduce the value of the Equipment. 10.4 Liens Lessee and Lessor will not directly or indirectly create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the Equipment or any interest in the Equipment. Lessee and Lessor, promptly and at its own expense, will take such action as may be necessary to duly discharge any mortgage, pledge, lien, charge, encumbrance, or claim caused by Lessee or Lessor, respectively, if the same rises at any. ARTICLE XI -- INDEMNIFICATION, INSURANCE, AND DAMAGE TO OR DESTRUCTION OF THE EQUIPMENT 11.1 Indemnification Lessor assumes no liability for any damages of any nature which in any way relate to or rise out of delivery, lease, possession, use, operation, condition, sale or other disposition of the Equipment. To the extent permitted by law, Lessee hereby assumes and agrees to indemnify, protect, save and keep harmless Lessor, its agents and employees from the against any and all losses, damages, injuries, claims, demands and expenses, including legal expenses, of whatsoever kind and nature, arising on account of the negligent act or omission of the Lessee, its officers, employees or agents in: (1) the ordering, acquisition, delivery, installation or rejection of the Equipment; (2) the possession, maintenance, use, condition (including, without limitation, latent and other defects whether or not discoverable by Lessor or Lessee, any claim in tort, including actions for strict liability, and any claim for patent, trademark or copyright infringement) or operation of any item of the Equipment (by whomsoever used or operated); or (3) the loss, damage, destruction, removal, return, surrender, sale or other disposition of the Equipment, or any item thereof. It is understood and agreed, however, that Lessor shall give Lessee prompt notice of any claim or liability hereby indemnified against and that Lessee shall be entitled to control the defense thereof, so long as Lessee is not in default hereunder. 11.2 Liability and Property Insurance Lessee will self-insure any Schedule for Equipment valued at $100,000 or less. Lessee, at its RFP 10109 Golf Carts 2025 Page 27 of 32 own expense, will provide commercial property insurance and liability insurance for any Schedule for Equipment valued at more than $100,000. Equipment will be insured in an amount sufficient to cover the actual cash value at the commencement of the Lease (as determined by the purchase price paid by Lessee for the equipment) Lessee will provide Lessor with proof of insurance upon request. 11.3 Damage to or Destruction of the Equipment If all or any part of the Equipment is lost, stolen, destroyed, or damaged, Lessee will give Lessor prompt notice of such event and will repair or replace the same with equipment of equal or greater value at Lessee's cost within sixty (60) days after such event, and any replaced Equipment will be substituted in the Lease by appropriate endorsement. If Lessee fails or refuses to make the required repair or replacement, Lessee will buy out the individual piece of Equipment not repaired or replaced, at the next payment date (as set forth in Exhibit B.) No loss, theft, destruction, or damage to the Equipment will impose any obligation on Lessor under the Lease, and the Lease will continue in full force and effect regardless of such loss, theft, destruction, or damage. Lessor does not assume any risk and/or liability for loss, theft, destruction, or damage to the Equipment and for injuries or deaths of persons and damage to property however arising, whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such damage to property is to Lessee's property or to the property of others. ARTICLE XII -- MISCELLANEOUS 12.1 Assignment and Sublease by Lessee Lessee may not assign, transfer, pledge, or encumber this Agreement or any Lease or any portion of the Equipment (or any interest in a Lease or the Equipment) or sublet the Equipment, without the prior written consent of Lessor which consent shall not be unreasonably withheld. 12.2 Assignment and Sublease by Lessor Lessor may not assign, transfer, pledge, or encumber this Agreement or any Lease or any interest in a Lease without the prior written consent of Lessee. Any such assignment without the City’s written approval shall be considered null and void with no effect. Immediately after receiving notice of such assignment or transfer, Lessee will then make all payments directly to the assignee or transferee (as its interests may appear) and, within thirty (30) days of such assignment or transfer, Lessee will acknowledge the same to the assignee or transferee. Any payments made in accordance with such assignment or transfer will relieve Lessee of all liability to Lessor for such payments. No such assignment shall be effective against Lessee unless and until Lessee shall receive written notice thereof from Lessor. 12.3 Lessor's Right to Perform for Lessee If Lessee fails to make any payment or fails to satisfy any representation, covenant, warranty, or obligation, Lessor may (but need not) make such payment or satisfy such representation, covenant, warranty, or obligation, and the amount of such payment and any expenses incurred RFP 10109 Golf Carts 2025 Page 28 of 32 by Lessor, if the case may be, will be deemed to be additional rent payable by Lessee on Lessor's demand. 12.4 Addresses All notices and payments under this Lease will be mailed or delivered, (a) if to Lessee, City of Fort Collins, at 215 N Mason, 2nd Floor, P.O. Box 580, Fort Collins, Colorado 80522 attention Purchasing Director with copy to the City Attorney; and (b) if to Lessor, until either Lessee or Lessor gives written notice to the other specifying a different address. 12.5 Manner of Payment All payments by Lessee will be made by check or by other manner acceptable to Lessor. 12.6 Nonwaiver No breach by Lessee in the satisfaction of any representation, covenant, warranty, or obligation may be waived except by the written consent of Lessor, and any such waiver will not operate as a waiver of any subsequent breach. 12.7 Severance Clause Any provision in this Agreement or in a Lease which is prohibited by law will be treated as if it never were a part of this Agreement or such Lease, and the validity of the remaining terms of this Agreement and the Lease will be unaffected. 12.8 Entire Agreement; Addendum This Agreement, each Lease and the Exhibits thereto constitute the entire agreement between Lessor and Lessee and supersede any prior agreement between Lessor and Lessee with respect to the Equipment, except as is set forth in any Addendum which is made a part of such Lease and which is signed by Lessor and Lessee. 12.9 Amendments This Agreement and any Lease may be amended only by a written document signed by Lessor and Lessee. 12.10 Inurement Subject to the restrictions in Section 12.1 and 12.2, of this Agreement and each Lease are binding upon and inure to the benefit of Lessor and Lessee and their respective successors and assigns. RFP 10109 Golf Carts 2025 Page 29 of 32 12.11 Governing Law and Venue This Agreement and each Lease shall be governed by the laws of the State of Colorado. The venue for any judicial action arising under this Agreement shall only be in Larimer County, Colorado in the District Court for the Eighth Judicial District. 12.12 Headings Headings used in this Agreement are for convenience of reference only and the interpretation of this Agreement will be governed by the text only. 12.13 Transmittal Fees Transmittal of all documentation required for payment will be sent in an electronic format acceptable to all parties from the Lessee to the Lessor. Expedited overnight mail service may be substituted at the Lessor's expense. 12.14 Offshoring Certain services may be performed by Lessee or any affiliate, including affiliates, branches or units located in any country in which Lessor conducts business or has a service provider. Lessee authorizes Lessor to transfer Lessee information to such affiliates, branches or units at such locations as the Lender deems appropriate. Lessor reserves the right to store, access, or view data in locations it deems appropriate for the services provided. 12.15 Anti-Corruption Language (a) Use of Proceeds. Lessee shall not use, or permit any proceeds of the Lease to be used, directly or indirectly, by Lessee or any of its subsidiaries or its or their respective directors, officers, employees and agents: (1) in furtherance of an offer, payment, promise to pay, or authorization of the payment or giving of money, or anything else of value, to any Person in violation of any Anti-Corruption Laws; (2) for the purpose of funding, financing or facilitating any activities, business or transaction of or with any Sanctioned Person, or in any Sanctioned Country; or (3) in any manner that would result in the violation of any Sanctions applicable to any party hereto. (b) Definitions. For the purposes of this Section, the following terms shall have the following meanings: “Anti-Corruption Laws” means all laws, rules, and regulations of any jurisdiction applicable to the Lessee or its subsidiaries from time to time concerning or relating to bribery or corruption. "Person" means any individual, corporation, partnership, limited liability company, joint venture, joint stock association, association, bank, business trust, trust, unincorporated organization, any foreign governmental authority, the United States of America, any state of the United States and any political subdivision of any of the foregoing or any other form of entity. “Sanctions” means economic or financial sanctions or trade embargoes imposed, administered or enforced from time to time by the U.S. government, including those administered by the Office of Foreign Assets Control of the U.S. Department of the Treasury or the U.S. Department of State. “Sanctioned Country” means, at any time, a country or territory which is the subject or target of RFP 10109 Golf Carts 2025 Page 30 of 32 any Sanctions. “Sanctioned Person” means, at any time, (a) any Person listed in any Sanctions- related list of designated Persons maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury, the U.S. Department of State, (b) any Person operating, organized or resident in a Sanctioned Country or (c) any Person controlled by any such Person. 12.16 Loan Rate Methodology 12.17 Financial Statements Lessee agrees to furnish to Lessor annual audited financial statements of Lessee within 270 days of the end of each fiscal year of Lessee. Additionally, Lessee agrees to provide additional information as reasonably requested by Lessor To maintain economics similar to 2025, Lender reserves the right to reset the Index Rate Formula, annually, beginning in 2026 and at any time thereafter with 90 day notice to the Lessee. EXECUTED this DAY day, of MONTH, YEAR. PRINCIPALS: By: By: Printed: Printed: Gerry Paul Title: Title: Purchasing Director Organization: Organization: City of Fort Collins, Colorado Address: Address: PO Box 580 City, State, Zip: City, State, Zip: Fort Collins, CO 80522 ATTEST (LESSEE): APPROVED AS TO FORM: RFP 10109 Golf Carts 2025 Page 31 of 32 Schedule of Equipment No. Exhibit A - Sample RE: MASTER LEASE-PURCHASE AGREEMENT entered into as of MONTH DATE, YEAR, ("Agreement"), between ("Lessor") and the City of Fort Collins, Colorado ("Lessee"). All terms used and not otherwise defined herein have the meanings ascribed to them in the Agreement. The following items of Equipment are hereby included under this Schedule to the Agreement: Line No. Department Qty. Description Total Cost Term (yrs) 1 5 2 5 3 5 4 5 5 5 6 5 Total 5-year Financing $ Total Lease Financing $ Lessee hereby represents, warrants and covenants that its representations, warranties and covenants set forth in the Agreement are true and correct as though made on the Commencement Date of Payments under this Schedule. The terms and provisions of the Agreement (other than to the extent that they relate solely to other Schedules or Equipment listed on other Schedules) are hereby incorporated into this Schedule by reference and made a part hereof. LESSOR: LESSEE: By: By: Printed: Printed: Gerry Paul Title: Title: Purchasing Director Organization: Organization: City of Fort Collins, Colorado Address: Address: PO Box 580 City, State, Zip: City, State, Zip: Fort Collins, CO 80522 RFP 10109 Golf Carts 2025 Page 32 of 32 EXHIBIT B: Payment Schedule (Sample) Interest rate % Term years. Quarterly payments, in arrears Pmt No. Due Date Payment Amount Interest Portion Principal Portion Principal Balance 1 2 3 4 5 Amortization schedule supplied by Lessor must include the above information at a minimum, plus a signature block for Lessee. * The City of Fort Collins uses a five-year lease term with quarterly payments made in arrears for all leases entered into under its master lease program. 1. Methodology for establishment of the interest rate for each lease.