HomeMy WebLinkAbout119633 MASEK GOLF CAR COMPANY - CONTRACT - BID - 5960 GOLF CART LEASE -2006SERVICES AGREEMENT
2009-2010 GOLF CART LEASING
THIS AGREEMENT made and entered into the day and year set forth below by and between
THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to
as the "City" and MASEK GOLF CAR COMPANY, hereinafter referred to as "Service Provider".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by and
between the parties hereto as follows:
1. Scope of Services
The Service Provider agrees to provide leased golf carts in accordance with the specifications,
terms and conditions contained in Bid # 5960, Golf Cart Lease, and incorporated herein by this
reference.
2. Contract Period
The bid will be awarded to the lowest responsive and responsible Bidder for a period of nine (9)
months commencing no later than March 1, 2009 and ending no earlier than November 30,
2009 unless sooner terminated as herein provided. In addition, at the option of the City, the
award may be extended for additional annual nine (9) month period for the year 2010. Pricing
changes shall be negotiated annually by and agreed to by both parties. Written notice of
renewal shall be provided to the Service Provider no later than sixty (60) days prior to the
beginning of the annual nine (9) month period.
3. Delay
If either party is prevented in whole or in part from performing its obligations by unforeseeable
causes beyond its reasonable control and without its fault or negligence, then the party so
prevented shall be excused from whatever performance is prevented by such cause. To the
extent that the performance is actually prevented, the Service Provider must provide written
notice to the City of such condition within fifteen (15) days from the onset of such condition.
4. Early Termination by City/Notice
Notwithstanding the time periods contained herein, the City may terminate this Agreement at
any time without cause by providing written notice of termination to the Service Provider. Such
notice shall be delivered at least fifteen (15) days prior to the termination date contained in said
notice unless otherwise agreed in writing by the parties. All notices provided under this
Agreement shall be effective when -mailed, postage prepaid and sent to the following addresses:
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City:
City of Fort Collins Purchasing
PO Box 580
Fort Collins, CO 80521
Service Provider:
.Masek Golf Car Company
425 M Street
Gering, NE 69341
(800) 800-8987
In the event of early termination by the City, the Service Provider shall be paid for services
rendered to the date of termination, subject only to the satisfactory performance of the Service
Provider's obligations under this Agreement. Such payment shall be the Service Provider's sole
right and remedy for such termination.
5. Contract Sum
In 2009 the City shall pay the Service provider for the performance of this Contract, subject to
additions and deletions provided herein, the sum of Six Hundred -Ninety Nine Dollars ($699) per
golf cart leased for an nine (9) month period. Lease rates per golf cart in 2010 will be as set
forth in paragraph 2.
6. City Representative
The City will designate, prior to commencement of the work, its representative who shall make,
within the scope of his or her authority, all necessary and proper decisions with reference to the
services provided under this agreement. All requests concerning this agreement shall be
directed to the City Representative.
7. Independent Service provider
The services to be performed by Service Provider are those of an independent service provider
and not of an employee of the City of Fort Collins. The City shall not be responsible for
withholding any portion of Service Provider's compensation hereunder for the payment of FICA,
Workmen's Compensation or other taxes or benefits or for any other purpose.
8. Personal Services
It is understood that the City enters into the Agreement based on the special abilities of the
Service Provider and that this Agreement shall be considered as an agreement for personal
services. Accordingly, the Service Provider shall neither assign any responsibilities nor
delegate any duties arising under the Agreement without the prior written consent of the City.
9. Acceptance Not Waiver
The City's approval or acceptance of, or payment for any of the services shall not be construed
to operate as a waiver of any rights or benefits provided to the City under this Agreement or
cause of action arising out of performance of this Agreement.
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10. Warranty
a. Service Provider warrants that all work performed hereunder shall be performed with the
highest degree of competence and care in accordance with accepted standards for work
of a similar nature.
b. Unless otherwise provided in the Agreement, all materials and equipment incorporated
into any work shall be new and, where not specified, of the most suitable grade of their
respective kinds for their intended use, and all workmanship shall be acceptable to City.
11. Default
Each and every term and condition hereof shall be deemed to be a material element of this
Agreement.. In the event either party should fail or refuse to perform according to the terms of
this agreement, such party may be declared in default thereof.
12. Remedies
In the event a party has been declared in default, such defaulting party shall be allowed a period
of ten (10) days within which to cure said default. In the event the default remains uncorrected,
the party declaring default may elect to:
a. Terminate the Agreement and seek damages
b. Treat the Agreement as continuing and require specific performance; or
c. Avail himself of any other remedy at law or equity. If the non -defaulting party
commences legal or equitable actions against the defaulting party, the defaulting party
shall be liable to the non -defaulting party for the non -defaulting party's reasonable
attorney fees and costs incurred because of the default.
13. Binding Effect
This writing, together with the exhibits hereto, constitutes the entire agreement between the
parties and shall be binding upon said parties, their officers, employees, agents and assigns
and shall inure to the benefit of the respective survivors, heirs, personal representatives,
successors and assigns of said parties.
14. Indemnity/Insurance
a. The Service Provider agrees. to indemnify and save harmless the City, its officers,
agents and employees against and from any and all actions, suits, claims, demands or
liability of any character whatsoever brought or asserted for injuries to or death of any
person or persons, or damages to property arising out of, result from or occurring in
connection with the performance of any service hereunder.
b. The Service Provider shall _ take all necessary precautions in performing the work
hereunder to prevent injury to persons and property.
c. Without limiting any of the Service Provider's obligations hereunder, the Service Provider
shall provide and maintain insurance coverage naming the City as an additional insured
under this Agreement of the type and with the limits specified within Exhibit "B",
consisting of one (1) page, attached hereto and incorporated herein by this reference.
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The Service Provider before commencing services hereunder, shall deliver to the City's
Director of Purchasing and Risk Management, 215 N Mason, 2"d Floor, Fort Collins,
Colorado 80524, one copy of a certificate evidencing the insurance coverage required
from an insurance company acceptable to the City.
15. Entire Agreement
This Agreement, along with all Exhibits and other documents incorporated herein, shall
constitute the entire Agreement of the parties. Covenants or representations not contained in
this Agreement shall not be binding on the parties.
16. Law/Severability
The laws of the State of Colorado shall govern the. construction interpretation, execution and
enforcement of this Agreement. In the event any provision of this Agreement shall be held
invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate
or render unenforceable any other provision of this Agreement.
17. Prohibition Against Employing Illegal Aliens
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Service Provider represents and agrees that:
a. As of the date of this Agreement:
1. Service Provider does not knowingly employ or contract with an illegal alien who
will perform work under this Agreement; and
2. Service Provider will participate in either the e-Verify program created in Public
Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th
Congress, as amended, administered by the United States Department of
Homeland Security (the "e-Verify Program") or the Department Program (the
"Department Program"), an employment verification program established pursuant
to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of
all newly hired employees to perform work under this Agreement.
b. Service Provider shall not knowingly employ or contract with an illegal alien to perform
work under this Agreement or knowingly enter into a contract with a subcontractor that
knowingly employs or contracts with an illegal alien to perform work under this
Agreement.
c. Service Provider is prohibited from using the e-Verify Program or Department Program
procedures to undertake pre -employment screening of job applicants while this
Agreement is being performed.
d. If Service Provider obtains actual knowledge that a subcontractor performing work under
this Agreement knowingly employs or contracts with an illegal alien, Service Provider
shall:
1. Notify such subcontractor and the City within three days that Service Provider
has actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of receiving
the notice required pursuant to this section the subcontractor does not cease
employing or contracting with the illegal alien; except that Service Provider shall
not terminate the contract with the subcontractor if during such three days the
subcontractor provides information to establish that the subcontractor has not
knowingly employed or contracted with an illegal alien.
e. Service Provider shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the "Department") made in the course of an investigation that
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the Department undertakes or is undertaking pursuant to the authority established in
Subsection 8-17.5-102 (5), C.R.S.
f. If Service Provider violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this
Agreement is so terminated, Service Provider shall be liable for actual and consequential
damages to the City arising out of Service Provider's violation of Subsection 8-17.5-102,
C.R.S.
g. The City will notify the Office of the Secretary of State if Service Provider violates this
provision of this Agreement and the City terminates the Agreement for such breach.
THE CITY OF FORT COLLINS, COLORADO
By: -
JamTs 1�3. O'Neill II, CPPO
Direc r of Purchasing & Risk Management
DATE: l
Masek Golf Ca Company
By: �S
Joe7k, Pr sident
Date:
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Exhibit A: Scope of Work
General Specifications:
The City of Fort Collins Golf Division desires to lease seventy-one (71) four-wheel, gasoline
powered golf carts for the 2009 golf season, beginning no later than March 1, 2009 and ending
no earlier than November 30, 2009; with an optional annual nine -month renewal term utilizing
the newest golf carts available for a similar period of time in 2010. In 2010 the number of golf
carts leased may vary.
The City plans to rent these leased golf carts to the public at our Collindale and SouthRidge Golf
Courses in conjunction with our City -owned fleet of golf carts.
Cart specifications:
• Quantity: For 2009, seventy-one (71) total golf carts with forty-six (46) golf carts to be
located at Collindale Golf Course, 1441 E. Horsetooth Road, Fort Collins, Colorado 80525;
twenty (20) golf carts to be located at SouthRidge Golf Course, 5750 S. Lemay Avenue, Fort
Collins, Colorado 80525; and five (5) golf carts to be located at City Park Nine Golf Course,
411 S. Bryan Ave, Fort Collins, Colorado 80521.
• Model/Type: For 2009 and 2010, good used cars that are acceptable to the City of Fort
Collins; all being four-wheel gasoline -powered.
• Engine/Noise: Noise level shall not exceed 70 dba at twenty five (25) feet. Engines to be
four-cycle with the lowest HC emission available.
• Transmission: Automatic
• Brakes: Standard for model. Foot or hand operated parking brake.
• Suspension: Heavy-duty springs front and rear. Heavy-duty shocks front and rear.
• Steering: Automotive -type steering wheel, turning radius not to exceed twenty (20) feet.
• Bumpers: Front and rear bumper -type protection.
• Tires: Standard 18 x 8.50-8, 4-ply rated, premium tread.
• Cover: Canopy or sun roof top required.
• Color: White, beige, or green acceptable.
• Seat: Individual or bench -type seat(s).
Accessories:
• Bag rack large enough to accommodate two oversize golf bags.
• Minimum of two (2) drink holders.
• Storage area for golf balls or small personal items.
• Scorecard holder(s).
• Back-up warning alarm.
• Sweater basket.
• Two (2) number decals minimum.
• Sand bottle divot repair kit mounted behind passenger seat optional.
• Any and all other accessories advertised as standard by the manufacturer.
Repairs and Maintenance:
The City shall be responsible at its cost for repairing all damage to the golf carts as a result of
vandalism or golfers mistreatment. The Lessor (Vendor) shall be fully responsible to perform all
mechanical and operational repairs, preventative maintenance, and general upkeep to keep the
golf carts in satisfactory working condition. In the event that the City of Fort Collins personnel
are required to work on any golf cart for the aforementioned reasons, Lessor will be charged a
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flat rate of $40.00 per hour by the City of Fort Collins for such service, plus the actual cost of
parts and materials paid for by the City. The City may, at its option, apply the charges for such
work to the lease payments or bill directly to the Lessor. The City will pay separately to the
Lessor or their contracted vendor for any vandalism or golfer mistreatment costs that the Lessor
or their contracted vendor repairs.
The City shall notify Lessor within twenty four (24) hours of discovery of any inoperable golf
carts and it shall be the Lessor's responsibility to repair or replace any inoperable carts within
twenty four (24) hours after receipt of notice from the City. The Lessor's responsibility for
replacement or repair shall apply at all times, including weekdays, weekends, and holidays. In
the event that the Lessor cannot supply the City with operable golf carts the City may, either:
a) Rent "tournament fleet" golf carts from an alternative vendor of the City's choice and then
invoice Lessor for the cost of such rental, including pick-up and delivery costs, or
b) The City may charge Lessor the equivalent of two daily 18-Hole Regular Golf Cart Rental
Fees per each golf cart for each day that any cart supplied. by Lessor is out of service and
unavailable for rental.
Special Conditions:
The City of Fort Collins may terminate the agreement to lease these golf carts at any time that
the City determines, in its sole discretion, that the Lessor has repeatedly failed to abide by the
above stated Repair and Maintenance requirements.
Payments: The Lessor shall send to the City three (3) separate, equal invoices each for 1/3 of
the annual amount on or about March 1, June 1, and September 1, annually. Mail invoices to:
City of Fort Collins Golf Division, P.O. Box 580, Fort Collins, Colorado 80522-0580.
Insurance: Lessor shall assume any and all liability for the operation and maintenance of the
golf carts in the event of any damage or injury attributable to design, maintenance,
workmanship, materials, or lack of safety features, and will indemnify and hold harmless the City
of Fort Collins, its officers, agents, and employees against and from any and all actions, suits,
claims, demands, or liability resulting from or occurring in connection with the performance of
said golf carts. See Exhibit "B", Insurance Requirements.
Delivery:
Annual pricing shall include delivery and pick-up of the leased golf carts. Delivery must be
made to the City of Fort Collins no later than March 16 annually.
Carts for the Collindale Golf Course shall be delivered to 1441 E. Horsetooth Road, Fort Collins,
Colorado 80525. Please make delivery and pick-up arrangements with the Collindale Golf
Professional at 970.221.6651 x 5.
Carts for SouthRidge Golf Course shall be delivered to 5750 S. Lemay Avenue, Fort Collins,
Colorado 80525. Please make delivery and pick-up arrangements with the SouthRidge Golf
Professional at 970.416.2828.
Carts for City Park Nine Golf Course shall be delivered to 411 S. Bryan Ave, Fort Collins,
Colorado, 80521. Please make delivery and pick-up arrangements with the City Park Nine Golf
Superintendent, Jim Higgins, at 970.221.6653.
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Exhibit B: Insurance Requirements
The Service Provider will provide, from insurance companies acceptable to the City, the
insurance coverage designated hereinafter and pay all costs. Before commencing work
under this bid, the Service Provider shall furnish the City with certificates of insurance
showing the type, amount, class of operations covered, effective dates and date of
expiration of policies, and containing substantially the following statement"
"The insurance evidenced by this Certificate will not be cancelled or materially altered,
except after ten (10) days written notice has been received by the City of Fort Collins."
In case of the breach of any provision of the Insurance Requirements, the City, at its
option, may take out and maintain, at the expense of the Service Provider, such
insurance as the City may deem proper and may deduct the cost of such insurance from
any monies which may be due or become due the Service Provider under this
Agreement. The City, its officers, agents and employees shall be named as additional
insured on the Service Provider's general liability and automobile liability insurance
policies for any claims arising out of work performed under this Agreement.
2. Insurance coverage shall be as follows:
A. Workers' Compensation & Employer's Liability. The Service Provider shall
maintain during the life of this Agreement for all of the Service Provider's
employees engaged in work performed under this agreement:
Workers' Compensation insurance with statutory limits as required by
Colorado law.
2. Employer's Liability insurance with limits of $100,000 per accident,
$500,000 disease aggregate, and $100,000 disease each employee.
B. Commercial General & Vehicle Liability. The Service Provider shall maintain
during the life of this Agreement such commercial general liability and automobile
liability insurance as will provide coverage for damage claims of personal injury,
including accidental death, as well as for claims for property damage, which may
arise directly or indirectly from the performance of work under this Agreement.
Coverage for property damage shall be on a "broad form" basis. The amount of
insurance for each coverage, Commercial General and Vehicle, shall not be less
than $500,000 combined single limits for bodily injury and property damage.
In the event any work is performed by a subcontractor, the Service Provider shall
.be responsible for any liability directly or indirectly arising out of the work
performed under this Agreement by a subcontractor, which liability is not covered
by the subcontractor's insurance.
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