2017-37RESOLUTION NO. 2017- 37
A RESOLUTION AUTHORIZING THE VILLAGE MANAGER TO EXECUTE
AGREEMENTS FOR GOLF CARS AT THE BUFFALO GROVE AND ARBORETUM
GOLF COURSES
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit pursuant to the Illinois
Constitution of 1970; and,
WHEREAS, the customers and patrons of the Buffalo Grove and Arboretum Golf
Courses have would like the option of rental golf cars as part of golf operations.
WHEREAS, the Village Board has determined that it is in the best interests of the
Village to authorize Dane Bragg, Village Manager, to finalize and execute Lease Agreements
with PNC Equipment Finance, LLC and Service Agreement with E-Z-GO/Textron Inc., for golf
cars at the Buffalo Grove and Arboretum Golf Courses.
NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COUNTIES OF COOK AND LAKE,
STATE OF ILLINdit, as follows:
SECTION 1. The foregoing recitals are hereby incorporated and made a part of this
Resolution.
SECTION 2. The Village Manager is hereby authorized and directed to represent
the interests of the Village of Buffalo Grove and execute the attached Lease Agreements,
Service Agreement, and accompanying attached documents.
SECTION 3. This Resolution shall be in full force and effect from and after its
passage and approval.
1
AYES: 6 — Berman. Stein, Ottenheimer, Weidenfeld, Johnson, Smith
NAYES: 0 - None
ABSENT: 0 - None
PASSED: December 18. 2017.
APPROVED: December 18, 2017.
ATTEST:
� j-Y\
Janet M. Sirabian, Village Clerk
12/12/2017
DM#706481
APPROVED:
f AA . ��, - A
�26-30 0
Beverly Sus an, Village President
2
VoBG-2017-22
VILLAGE OF BUFFALO GROVE
SERVICE AGREEMENT
GOLF CAR LEASE
THIS AGREEMENT is dated as of the v t �- day of h 2017 ("Agreement")
and is by and between the VILLAGE OF BUFFALO GROVE, an Illinois home rule municipal
corporation ("Village") and the Contractor identified in Subsection 1A below.
IN CONSIDERATION OF the recitals and the mutual covenants and agreements set forth
in this Agreement, and pursuant to the Village's statutory and home rule powers, the parties
agree as follows:
SECTION 1. CONTRACTOR.
A. Engagement of Contractor. The Village desires to engage the Contractor
Identified below to provide all necessary professional consulting services and to perform the
work in connection with the project identified below:
Company. E-Z-Go/Textron, Inc. ("Contractor")
Street: 1451 Marvin Griffin Road
City, Augusta, GA 30906
Telephone: 847-204-8373
Email: btermini@textron.com
B. Project Description. The Contractor shall provide leased golf cars at the Village of Buffalo
Grove Golf Course located at 48 Raupp Blvd., Buffalo Grove IL 60089 and the Arboretum Golf
Course located at 401 Half Day Road Buffalo Grove, IL 60089.
C. Representations of Contractor. The Contractor has submitted to the Village a description
of the services to be provided by the Contractor, a copy of which is attached as Exhibit B to this
Agreement ("Services"). The Contractor represents that it is financially solvent, has the
necessary financial resources, and is sufficiently experienced and competent to perform and
complete the professional consulting services set forth in Exhibit B in a manner consistent with
the standards of professional practice by recognized consulting firms providing services of a
similar nature.
1
VoBG-2017-22
SECTION 2. SCOPE OF SERVICES.
A. Retention of the Contractor. The Village retains the Contractor to perform, and the Contractor
agrees to perform, the Services.
B. Services. The Contractor shall provide the Services pursuant to the terms and conditions of this
Agreement.
C. Commencement. Time of Performance. The Contractor shall commence the Services
immediately upon receipt of written notice from the Village that this Agreement has been fully
executed by the Parties (the "Commencement Date"). The Contractor shall diligently and
continuously prosecute the Services until the completion of the Work.,
D. Reporting. The Contractor shall regularly report to the Golf Director ("Director"), or his/her
designee, regarding the progress of the Services during the term of this Agreement.
SECTION 3. COMPENSATION AND METHOD OF PAYMENT.
A. Agreement Amount. The total amount billed for the Services during the term of this Agreement
shall not exceed the amount identified in the Schedule of Prices section in Exhibit A, unless
amended pursuant to Subsection 8A of this Agreement.
B. Invoices and Payment. The PNC Equipment Finance, LLC shall be paid as provided in Exhibit A.
The Contractor shall submit invoices to the Village in a Village approved format for those
portions of the Services performed and completed by the Contractor. The Village shall pay to the
Contractor the amount billed pursuant to the Illinois Local Government Prompt Payment Act (50
ILCS 505/1 et seq.)
Records. The Contractor shall maintain records showing actual time devoted and costs incurred,
and shall permit the authorized representative of the Village to inspect and audit all data and
records of the Contractor for work done under the Agreement. The records shall be made
available to the Village at reasonable times during the Agreement period, and for three years
after the termination of the Agreement.
D. Claim In Addition To Agreement Amount. if the Contractor wishes to make a claim for
additional compensation as a result of action taken by the Village, the Contractor shall provide
written notice to the Village of such claim within 7 calendar days after occurrence of such action
as provided by Subsection B.D. of this Agreement, and no claim for additional compensation
shall be valid unless made in accordance with this Subsection. Any changes in this Agreement
Amount shall be valid only upon written amendment pursuant to Subsection B.A. of this
Agreement. Regardless of the decision of the Village relative to a claim submitted by the
Contractor, the Contractor shall proceed with all of the Services required to complete the
project under this Agreement as determined by the Village without interruption.
VoBG-2017-22
SECTION 3. COMPENSATION AND METHOD OF PAYMENT (cont.)
Taxes, Benefits and Royalties. The Agreement Amount includes all applicable federal, state, and
local taxes of every kind and nature applicable to the Services as well as all taxes, contributions,
and premiums for unemployment insurance, old age or retirement benefits, pensions, annuities,
or similar benefits and all costs, royalties and fees arising from the use on, or the incorporation
into, the Services, of patented or copyrighted equipment, materials, supplies, tools, appliances,
devices, processes, or inventions. All claim or right to claim additional compensation by reason
of the payment of any such tax, contribution, premium, costs, royalties, or fees is hereby waived
and released by Contractor.
Final Acceptance. The Services, or, if the Services are to be performed in separate phases, each
phase of the Services, shall be considered complete on the date of final written acceptance by
the Village of the Services or each phase of the Services, as the case may be, which acceptance
shall not be unreasonably withheld or delayed.
SECTION 4. PERSONNEL SUBCONTRACTORS.
A. Key Project Personnel. The Key Project Personnel identified in Exhibit B shall be primarily
responsible for carrying out the Services on behalf of the Contractor. The Key Project Personnel
shall not be changed without the Village's prior written approval.
B. Availability of Personnel. The Contractor shall provide all personnel necessary to complete the
Services including, without limitation, any Key Project Personnel identified in this Agreement.
The Contractor shall notify the Village as soon as practicable prior to terminating the
employment of, reassigning, or receiving notice of the resignation of, any Key Project Personnel.
The Contractor shall have no claim for damages and shall not bill the Village for additional time
and materials charges as the result of any portion of the Services which must be duplicated or
redone due to such termination or for any delay or extension of the Time of Performance as a
result of any such termination, reassigning, or resignation.
VoBG-2017-22
SECTION 4. PERSONNEL SUBCONTRACTORS (cont.1
Approval and Use of Subcontractors. The Contractor shall perform the Services with its own
personnel and under the management, supervision, and control of its own organization unless
otherwise approved by the Village in writing. All subcontractors and subcontracts used by the
Contractor shall be acceptable to, and approved in advance by, the Village. The Village's
approval of any subcontractor or subcontract shall not relieve the Contractor of full
responsibility and liability for the provision, performance, and completion of the Services as
required by the Agreement. All Services performed under any subcontract shall be subject to all
of the provisions of this Agreement in the same manner as if performed by employees of the
Contractor. For purposes of this Agreement, the term "Contractor" shall be deemed also to refer
to all subcontractors of the Contractor, and every subcontract shall include a provision binding
the subcontractor to all provisions of this Agreement.
D. Removal of Personnel and Subcontractors. If any personnel or subcontractor fails to perform
the Services in a manner satisfactory to the Village, the Contractor shall immediately upon
notice from the Village remove and replace such personnel or subcontractor. The Contractor
shall have no claim for damages, for compensation in excess of the amount contained in this
Agreement of for a delay or extension of the Time of Performance as a result of any such
removal or replacement.
SECTION S. CONFIDENTIAL INFORMATION.
A. Confidential Information. The term "Confidential Information" shall mean information in the
possession or under the control of the Village relating to the technical, business or corporate
affairs of the Village; Village property; user information, including, without limitation, any
information pertaining to usage of the Village's computer system, including and without
limitation, any information obtained from server logs or other records of electronic or machine
readable form; and the existence of, and terms and conditions of, this Agreement. Village
Confidential Information shall not include information that can be demonstrated: (i) to have
been rightfully in the possession of the Contractor from a source other than the Village prior to
the time of disclosure of said information to the Contractor under this Agreement ("Time of
Disclosure"); (ii) to have been in the public domain prior to the Time of Disclosure; (iii) to have
become part of the public domain after the Time of Disclosure by a publication or by any other
means except an unauthorized act or omission or breach of this Agreement on the part of the
Contractor or the Village; or (iv) to have been supplied to the Contractor after the Time of
Disclosure without restriction by a third party who is under no obligation to the Village to
maintain such information in confidence.
B. No Disclosure of Confidential Information by the Contractor. The Contractor acknowledges
that it shall, in performing the Services for the Village under this Agreement, have access to or
be directly or indirectly exposed to Confidential Information. The Contractor shall hold
confidential all Confidential Information and shall not disclose or use such Confidential
Information without express prior written consent of the Village. The Contractor shall use
reasonable measures at least as strict as those the Contractor uses to protect its own
confidential information. Such measures shall include, without limitation, requiring employees
and subcontractors of the Contractor to execute a non -disclosure agreement before obtaining
access to Confidential Information.
4
VoBG-2017-22
SECTION 6. WARRANTY: INDEMNIFICATION: INSURANCE
A. Warranty of Services. The Contractor warrants that the Services shall be performed in
accordance with the highest standards of professional practice, care, and diligence practiced by
recognized consulting firms in performing services of a similar nature in existence at the Time of
Performance, The warranty expressed shall be in addition to any other warranties expressed in
this Agreement, or expressed or implied by law, which are hereby reserved unto the Village.
Indemnification. The Contractor shall, without regard to the availability or unavailability of any
insurance, either of the Village or the Contractor, indemnify, save harmless, and defend the
Village, and its officials, employees, agents, and attorneys against any and all lawsuits, claims,
demands, damages, liabilities, losses, and expenses, including attorneys' fees and administrative
expenses, that arise, or may be alleged to have arisen, out of or in connection with, the
Contractor's performance of, or failure to perform, the Services or any part thereof, whether or
not due or claimed to be due in whole or in part to the active, passive, or concurrent negligence
or fault of the Contractor, except to the extent caused by the sole negligence of the Village.
C. Insurance. Contemporaneous with the Contractor's execution of this Agreement, the Contractor
shall provide certificates and policies of insurance, all with coverages and limits acceptable to
the Village, and evidencing at least the minimum insurance coverages and limits as set forth in
Exhibit B to this Agreement. For good cause shown, the Golf Director ("Director") may extend
the time for submission of the required policies of insurance upon such terms, and with such
assurances of complete and prompt performance, as the Director may impose in the exercise of
his sole discretion. Such certificates and policies shall be in a form acceptable to the Village and
from companies with a general rating of A minus, and a financial size category of Class X or
better, in Best's Insurance Guide. Such insurance policies shall provide that no change,
modification in, or cancellation of, any insurance shall become effective until the expiration of
30 calendar days after written notice thereof shall have been given by the insurance company to
the Village. The Contractor shall, at all times during the term of this Agreement, maintain and
keep in force, at the Contractor's expense, the insurance coverages provided above, including,
without limitation, at all times while correcting any failure to meet the warranty requirements
of Subsection 6.A., Warranty of Services, of this Agreement.
D. No Personal Liability. No elected or appointed official, agent, or employee of the Village shall be
personally liable, in law or in contract, to the Contractor as the result of the execution of this
Agreement.
VoBG-2017-22
SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS.
A. Relationship of the Parties. The Contractor shall act as an independent contractor in providing
and performing the Services. Nothing in, nor done pursuant to, this Agreement shall be
construed (i) to create the relationship of principal and agent, employer and employee,
partners, or joint ventures between the Village and Contractor; or (ii) to create any relationship
between the Village and any subcontractor of the Contractor.
B. Conflict of Interest. The Contractor represents and certifies that, to the best of its knowledge,
(1) no Village employee or agent is interested in the business of the Contractor or this
Agreement; (2) as of the date of this Agreement neither the Contractor nor any person
employed or associated with the Contractor has any interest that would conflict in any manner
or degree with the performance of the obligations under this Agreement; and (3) neither the
Contractor nor any person employed by or associated with the Contractor shall at any time
during the term of this Agreement obtain or acquire any interest that would conflict in any
manner or degree with the performance of the obligations under this Agreement.
C. No Collusion. The Contractor represents and certifies that the Contractor is not barred from
contracting with a unit of state or local government as a result of (i) a delinquency in the
payment of any tax administered by the Illinois Department of Revenue unless the Contractor is
contesting, in accordance with the procedures established by the appropriate revenue act, its
liability for the tax or the amount of the tax, as set forth in Section 11-42.1-1 et seq. of the Illinois
Municipal Code, 65 ILCS 5/11-42.1-1 et seq.; or (ii) a violation of either Section 33E-3 or Section
33E-4 of Article 33E of the Criminal Code of 1961, 720 1LCS 5/33E-1 et seq. The Contractor
represents that the only persons, firms, or corporations interested in this Agreement as
principals are those disclosed to the Village prior to the execution of this Agreement, and that
this Agreement is made without collusion with any other person, firm, or corporation. If at any
time it shall be found that the Contractor has, in procuring this Agreement, colluded with any
other person, firm, or corporation, then the Contractor shall be liable to the Village for all loss or
damage that the Village may suffer, and this Agreement shall, at the Village's option, be null and
void.
D. Sexual Harassment Policy. The Contractor certifies that it has a written sexual harassment
policy in full compliance with Section 2-105(A)(4) of the Illinois Human Rights Act, 775 ILCS 512-
105(A)(4).
Termination. Termination of this contract shall be in accordance with Exhibit A.
F. Term. The Time of Performance of this Agreement, unless terminated pursuant to the terms of
this Agreement, shall be for five years.
VoBG-2017-22
SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS (cont.j
G. Compliance with Laws and Grants. Contractor shall give all notices, pay all fees, and take all
other action that may be necessary to ensure that the Services are provided, performed, and
completed in accordance with all required governmental permits, licenses, or other approvals
and authorizations that may be required in connection with providing, performing, and
completing the Services, and with all applicable statutes, ordinances, rules, and regulations,
including without limitation the Fair Labor Standards Act; any statutes regarding qualification to
do business; any statutes prohibiting discrimination because of, or requiring affirmative action
based on, race, creed, color, national origin, age, sex, or other prohibited classification,
including, without limitation, the Americans with Disabilities Act of 1990, 42 U.S.C. §§ 12101 et
seq., and the Illinois Human Rights Act, 775 ILCS 5/1-101 et seq. Contractor shall also comply
with all conditions of any federal, state, or local grant received by Owner or Contractor with
respect to this Contract or the Services.
Contractor shall be solely liable for any fines or civil penalties that are imposed by any
governmental or quasi -governmental agency or body that may arise, or be alleged to have
arisen, out of or in connection with Contractor's, or its subcontractors', performance of, or
failure to perform, the Services or any part thereof.
Every provision of law required by law to be inserted into this Contract shall be deemed to be
inserted herein.
H. Default. if it should appear at any time that the Contractor has failed or refused
to prosecute, or has delayed in the prosecution of, the Services with diligence at a rate that
assures completion of the Services in full compliance with the requirements of this Agreement,
or has otherwise failed, refused, or delayed to perform or satisfy the Services or any other
requirement of this Agreement ("Event of Default"), and fails to cure any such Event of Default
within fourteen (14) calendar days after the Contractor's receipt of written notice of such Event
of Default from the Village, then the Village shall have the right, without prejudice to any other
remedies provided by law or equity, to pursue any one or more of the following remedies:
1. Cure by Contractor. The Village may require the Contractor, within a reasonable time, to
complete or correct all or any part of the Services that are the subject of the Event of Default;
and to take any or all other action necessary to bring the Contractor and the Services into
compliance with this Agreement.
2. Termination of Agreement by Village. Termination of this contract shall be in accordance with
Exhibit A.
3. Withholding of Payment by Village. The Village may withhold from any payment, whether or
not previously approved, or may recover from the Contractor, any and all costs, including
attorneys' fees and administrative expenses, incurred by the Village as the result of any Event of
Default by the Contractor or as a result of actions taken by the Village in response to any Event
of Default by the Contractor.
VoBG-2017-22
SECTION 7. CONTRACTOR AGREEMENT GENERAL PROVISIONS (cont.)
No Additional Obligation. The Parties acknowledge and agree that the Village is under no
obligation under this Agreement or otherwise to negotiate or enter into any other or additional
contracts or agreements with the Contractor or with any vendor solicited or recommended by
the Contractor.
J. Village Board Authority. Notwithstanding any provision of this Agreement, any negotiations or
agreements with, or representations by the Contractor to vendors shall be subject to the
approval of the Village Board of Trustees. The Village shall not be liable to any vendor or other
third party for any agreements made by the Contractor, purportedly on behalf of the Village,
without the knowledge and approval of the Village Board of Trustees.
K. Mutual Cooperation. The Village agrees to cooperate with the Contractor in the performance of
the Services, including meeting with the Contractor and providing the Contractor with such non -
confidential information that the Village may have that may be relevant and helpful to the
Contractor's performance of the Services. The Contractor agrees to cooperate with the Village in
the performance of the Services to complete the Work and with any other Contractors engaged
by the Village.
L. News Releases. The Contractor shall not issue any news releases or other public statements
regarding the Services without prior approval from the Director.
M. Ownership. Designs, drawings, plans, specifications, photos, reports, information, observations,
calculations, notes, and any other documents, data, or information, in any form, prepared,
collected, or received by the Contractor in connection with any or all of the Services to be
performed under this Agreement ("Documents") shall be and remain the exclusive property of
the Village. At the Village's request, or upon termination of this Agreement, the Contractor shall
cause the Documents to be promptly delivered to the Village.
SECTION 8. GENERAL PROVISIONS.
A. Amendment. No amendment or modification to this Agreement shall be effective unless and
until such amendment or modification is in writing, properly approved in accordance with
applicable procedures, and executed.
B. Assignment. This Agreement may not be assigned by the Village or by the Contractor without
the prior written consent of the other party.
C. Binding Effect. The terms of this Agreement shall bind and inure to the benefit of the Parties
hereto and their agents, successors, and assigns.
VoBG-2017-22
SECTION 8. GENERAL PROVISIONS (cont.).
D. Notice. Any notice or communication required or permitted to be given under this Agreement
shall be in writing and shall be delivered (i) personally, (ii) by a reputable overnight courier, (iii)
by certified mail and deposited in the U.S. Mail, postage prepaid, (iv) by facsimile, or (v) by
electronic Internet mail ("e-mail"). Facsimile notices shall be deemed valid only to the extent
that they are (a) actually received by the individual to whom addressed and (b) followed by
delivery of actual notice in the manner described in either (i), (ii), or (iii) above within three
business days thereafter at the appropriate address set forth below. E-mail notices shall be
deemed valid and received by the addressee thereof when delivered by e-mail and (a) opened
by the recipient on a business day at the address set forth below, and (b) followed by delivery of
actual notice in the manner described in either (i), (ii) or (iii) above within three business days
thereafter at the appropriate address set forth below. Unless otherwise expressly provided in
this Agreement, notices shall be deemed received upon the earlier of (a) actual receipt; (b) one
business day after deposit with an overnight courier as evidenced by a receipt of deposit; or (c)
three business days following deposit in the U.S. mail. By notice complying with the
requirements of this Subsection, each Party shall have the right to change the address or the
addressee, or both, for all future notices and communications to such party, but no notice of a
change of addressee or address shall be effective until actually received.
Notices and communications to the Village shall be addressed to, and delivered at, the following
address:
Village of Buffalo Grove. ("Village") With a copy to
50 Raupp Blvd. Street: 233 South Wacker Drive 22A Flr
Buffalo Grove, IL 60089 Chicago, IL 60606
Attention: Purchasing Manager Attention: William Raysa
Email: BGfinance@vbg.org Email: wraysa@tresslerllp.com
Notices and communications to the Contractor shall be addressed to, and delivered at, the
following address:
E-Z-Go/Textron, Inc. ("Contractor")
1451 Marvin Griffin Road
Augusta, GA 30906
Telephone: 847-204-8373
Email: btermini@textron.com
E. Third Party Beneficiary. No claim as a third party beneficiary under this Agreement by any
person, firm, or corporation other than the Contractor shall be made or be valid against the
Village.
F. Provisions Severable. If any term, covenant, condition, or provision of this Agreement is held by
a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the
provisions shall remain in full force and effect and shall in no way be affected, impaired or
invalidated.
VoBG-2017-22
SECTION 8. GENERAL PROVISIONS (contl
G. Time. Time is of the essence in the performance of this Agreement.
H. Calendar Days and Time. Unless otherwise provided in this Agreement, any reference in this
Agreement to "day" or "days" shall mean calendar days and not business days. If the date for
giving of any notice required to be given, or the performance of any obligation, under this
agreement falls on a Saturday, Sunday or federal holiday, then the notice or obligation may be
given or performed on the next business day after that Saturday, Sunday or federal holiday.
I. Governing Laws. This Agreement shall be interpreted according to the internal laws, but not the
conflict of laws rules, of the State of Illinois. Venue shall be in Cook County, Illinois
J. Entire Agreement. This Agreement constitutes the entire agreement between the parties and
supersedes any and all previous or contemporaneous oral or written agreements and
negotiations between the Village and the Contractor with respect to the Request for Proposal.
J. Waiver. No waiver of any provision of this Agreement shall be deemed to or constitute a waiver
of any other provision of this Agreement (whether or not similar) nor shall any such waiver be
deemed to or constitute a continuing waiver unless otherwise expressly provided in this
Agreement.
K. Exhibit. Exhibit, A and Exhibit B are attached hereto, and by this reference
incorporated in and made a part of this Agreement. In the event of a conflict between the
Exhibit and the text of this Agreement, the text of this Agreement shall control.
L. Rights Cumulative. Unless expressly provided to the contrary in this
Agreement, each and every one of the rights, remedies, and benefits provided by this
Agreement shall be cumulative and shall not be exclusive of any other such rights, remedies,
and benefits allowed by law.
M. Counterpart Execution. This Agreement may be executed in several counterparts, each of
which, when executed, shall be deemed to be an original, but all of which together shall
constitute one and the same instrument.
N. Rights Cumulative. Unless expressly provided to the contrary in this Agreement, each and every
one of the rights, remedies, and benefits provided by this Agreement shall be cumulative and
shall not be exclusive of any other such rights, remedies, and benefits allowed by law.
O. No Waiver of Tort Immunity. Nothing contained in this Agreement shall constitute a waiver by
the Village of any right, privilege or defense available to the Village under statutory or common
law, including, but not limited to, the Illinois Governmental and Governmental Employees Tort
Immunity Act, 745 ILCS 10/1-101 et seq., as amended.
10
VoBG-2017-22
SECTION 8. GENERAL. PROVISIONS (contl
Freedom of Information. Contractor agrees to furnish all documentation related to this
Agreement and any documentation related to the Village required under an Illinois Freedom of
Information Act (ILLS 140/1 et. seq.) ("FOIA") request within five (5) calendar days after Village
issues notice of such request to Contractor. Contractor agrees to defend, indemnify and hold
harmless the Village, and agrees to pay all reasonable costs connected therewith (including, but
not limited to reasonable attorney's and witness fees, filing fees and any other expenses) for the
Village to defend any and all causes, actions, causes of action, disputes, prosecutions, or
conflicts arising from Contractor's, actual or alleged violation of the FOIA or Contractor's failure
to furnish all documentation related to a request within five (5) calendar days after Village
issues notice of a request.
Furthermore, should Contractor request that Village utilize a lawful exemption under FOIA in
relation to any FOIA request thereby denying that request, Contractor agrees to pay all costs
connected therewith (such as reasonable attorneys' and witness fees, filing fees and any other
expenses) to defend the denial of the request. The defense shall include, but not be limited to,
challenged or appealed denials of FOIA requests to either the Illinois Attorney General or a court
of competent jurisdiction. Contractor agrees to defend, indemnify and hold harmless the Village,
and agrees to pay all costs connected therewith (such as reasonable attorneys' and witness fees,
filing fees and any other expenses) to defend any denial of a FOIA request by Contractor's
request to utilize a lawful exemption to the Village.
Acknowledgement.
The undersigned hereby represent and acknowledge that they have read the foregoing
Agreement, that they know its contents, and that in executing this Agreement they have
received legal advice regarding the legal rights of the party on whose behalf they are executing
this Agreement, and that they are executing this Agreement as a free and voluntary act and on
behalf of the named parties.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the dates set forth
below.
ATTEST:
VILLAGE OF BUFFALO GROVE
Village C II yy Bane Bra Village Manager
Date: t Z l i
ATTEST / r
�, ,r .
j,
Title: Title: euolfac�- �arqm--fs
Date: 'den 13, ZQ I 1
11
Exhibit A.
PNC Lease Number 210483000
VoBG-2017-22
12
CO3
GP'NC
EQUIPMENT FINANCE
December 13, 2017
Lease Number210483000
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Enclosed are the necessary documents needed to complete your lease transaction. Please review, sign and return the following:
• Lease Agreement — Please have the Authorized Signor execute the documents and provide theirtitle.
Opinion of Counsel — Please have your attorney sign and provide the name of the law firm, if applicable.
Certificate of Acceptance — At the point of delivery, fill out this form and return the original to us. We will be unable to disburse
funds until we receive this signed form.
Schedule of Payments — Please sign and provide the title of the signor, if applicable.
• Resolution -Certificate of Incumbency — List your Authorized Representative(s) and their title(s) in the body of the Resolution. Have the
Authorized Representatives provide their names, title and signatures(s) on the lines which appear under the Authorized Representative
Signature Section near the bottom of the Resolution. Finally, have the Secretary or appropriate Trustee attest to the information of the
Authorized Representative(s) by signing and printing his/her name, title and date on the last signature line provided. The person who
validates the signature should not sign the Lease Agreement. The Resolution must reflect the title(s) of the individual(s) who have
authorization to sign the documents.
• Insurance Request Form — Fill in your insurer's information and sign. Please contact your insurer, prior to delivery, to obtain a
certificate of insurance. Please enclose the certificate with the signed documentation or have the insurer fax the certificate directly to
me.
• Sales Tax Exemption Certificate — Please return a copy with the documents.
• Minutes of Governing Body (approving the purchase & finance of equipment) — Please return a copy with the documents.
Please return the documents to PNC Equipment Finance, LLC, Attn: Taryn Goldschmidt 995 Dalton Avenue, Cincinnati, OH 45203.
Our goal is to ensure that you receive the lowest payment available. Therefore, it is important that the documents are completed and returned to
us by December 30, 2017.
If you have any questions please contact Taryn Goldschmidt at 513-455-9559 or Tracy Sparks at 513-455-2630.
Sincerely,
Tracy Sparks
Commercial Transaction Coordinator
Sports and Entertainment
E04
Lease Agreement
Dated as of December 13, 2017
Lease Number 210483000
Lessor: PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati OH 45203
Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID
Village of Buffalo Grove 362525051
50 Raupp Blvd.
Buffalo Grove, IL 60089
Equipment See attached Certificate of Acceptance for Equipment Description
Description Equipment Location 48 Raupp Blvd
Buffalo Grove, IL 60089
Rent Lease Term is for 58 months, with Rent 30 (Thirty) monthly payments in the amount of $5,808.40 due in Arrears in the
Payment months of May, June, July, August, September and October of each year. Payment are due on the 30th
Schedule of each month, beginning
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the
dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1. LEASE. Subject to the terns of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificate of
Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment,
Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the
Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations
under the purchase contract, to Lessor.
3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do not
include the accrual of an interest portion. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to which
Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Restrictive endorsements on checks Lessee sends to
Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Rent.
NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally
available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and
operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other
legal procedure or available funds by or with which payment can be made to Lessor, and the non -appropriation did not result from an act or omission by
Lessee, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the
fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been
appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certify in
writing that (a) funds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to act by
Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent.
4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO
MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAVE
TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT
OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED
UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR
COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact
the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warranty
to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding
performance of the Equipment directly with the manufacturer of the Equipment.
6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to the
Equipment, except as set forth in section 15.
7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location, except for purposes of maintenance and
storage, without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check
the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by
all applicable manuals and instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At
Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee
will not make any permanent alterations to the Equipment.
S. TAXES. Lessee is a tax exempt entity. In the event that Lessee is no longer a tax exempt entity, Lessee agrees to pay Lessor, when invoiced, all taxes
(including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes based on
Lessor's net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proof of
payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by Lessee or any
other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance,
condition, operation, use, return or disposition of the Equipment as a result of Lessee's sole negligence. To the extent permitted by law, Lessee agrees to
reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues
even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial numbers
and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name
plates or stickers Lessor provides Lessee approved by Lessee.
11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipment is
shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event.
Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer's
certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee has
satisfied Lessee's obligations under this Section It, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or
destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of
this Lease.
12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability
insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insured,
until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The
policies shall state that Lessor is to be notified of any proposed cancellation at least 30 calendar days prior to the date set for cancellation. Upon Lessor's
request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with
evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is not
obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges.
13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under
this Lease within thirty calendar days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does
not correct the default within thirty calendar days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement
Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to
cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged beyond
repair, (f) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and
Lessor (or Lessor's affiliates).
14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of
default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which
may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounted at
the higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the right
to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so
long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have
the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes
possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as may be
allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will
reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) that
Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce
Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose
to enforce them at the time of Lessee's default.
15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary, so long as no default shall have occurred
and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, without
representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. "Fair
Market Value" shall be equal to the value which would be obtained in an arms -length transaction between an informed and willing buyer and an informed
and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not be a
deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the sole
expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, shall
mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent appraisers'
evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor 90
days' prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terns and conditions of such
purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in full
force and effect including the obligation to pay Rent.
16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non -appropriation of funds occurs in accordance with Section 3, or (c) Lessee does not purchase
the Equipment pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard
any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendations or
specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition." "Average Saleable Condition"
means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, without
the need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective parts or
accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor.
17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and
throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the
State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located; (d)
Lessee is authorized to enter into and cant' out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equipment and any
other documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized,
executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding
agreements, enforceable in accordance with their temis and the person(s) signing the Documents have the authority to do so, are acting with the full
authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essential to
the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease
Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary
action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee has
complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the
acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law
and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of competent
jurisdiction is void from the inception of this lease; 0) all payments due and to become due during Lessee's current fiscal year are within the fiscal budget
of such year, and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (k) all
financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition.
18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will promptly
notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such financial
information as may reasonably request from time to time, and (c) Lessee will take any necessary action Lessor reasonably requests to protect Lessor's
rights in the Equipment and to meet Lessee's obligations under this Lease.
19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB -LEASE OR PART WITH POSSESSION OF THE
EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any
real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where the
Equipment is located a waiver of any rights they may have in the Equipment.
20. ASSIGNMENT BY LESSOR. This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole or
in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no such
assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address
of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf. Upon receipt of notice of assignment, Lessee
agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in this agreement, notwithstanding any
claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have
against Lessor or Lessor's assigns. Lessee agrees to execute all documents, including acknowledgments of assignment, which may reasonably be
requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease.
21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action which
Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives
any payment from Lessee after the due date, Lessee shall pay Lessor pursuant to the Illinois Prompt Payment Act.
22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be leased.
By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Term and that Lessee has agreed to pay
Rent. Each paymen t of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's payments
under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to the
repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay
any amounts in excess of the legal amount.
23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other
agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terns of this
Lease shall remain in effect. TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE IS A "FINANCE
LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) obtain
credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies.
24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lessor at
Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of
Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time after this Lease is signed,
Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
25. ANTI -MONEY LAUNDERINGANTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this
Lease, the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until the
Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; or (ii)
does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in
violation of any law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of the Lease will not be used to fund any
unlawful activity; (c) the funds used to repay the Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, and
no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States.
As used herein: "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury
Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Commerce
Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange
Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country" means a country
subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entity or
thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or
prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Authority
or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all
financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when the Lessee opens
an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessor to
identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information and
documentation relating to certain individuals associated with the business or organization.
27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A
JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A
(Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or
revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in
any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under
any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide
Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limit or
modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREACH
OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT, WHICH CAUSED IT. Lessor will not
be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. Jurisdiction will be in Cook County,
Illinois.
28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee authorizes
Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee
individual accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls using
an automated dialing system to cell, VolP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges may
be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE
TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN
AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN
AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS
LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL,
FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND
COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL
LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
Village of Buffalo Grove
("Lessee')
Authorized Signature I
Dane C. Bragg
Print Name
Village Manager
Title:
'OeCtr+SieQ— lI 201�
Dale
50 Raupp Blvd.
Buffalo Grove, IL 60089
PNC Equipment Finance, LLC
("Lessor")
X
Authorized Signature
Print Name
Title:
995 Dalton Ave.
Cincinnati, OH 45203
OPINION OF COUNSEL
Lease Number 210483000, 210492000
I have acted as counsel to the above -referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee and
Lessor (the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have
deemed relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or agency
of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performance of
the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and binding
obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of
creditors' rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of the
Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open -
meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that he is an attorney duly authorized to
practice law in the State of Illinois.
The foregoing opinions are limited to the laws of the State of Illinois and federal laws of the United States.
Attorney Of Lessee A
By: __ `
Print Name: William G. Raysa
Law firm: Tressler LLP
2 of 4
E23
CERTIFICATE OF ACCEPTANCE
Lease Number 210483000
Description Serial No.
Quantity _
65 (65) 2018 New E-Z-GO TXT-Gas Golf Cars
Together with all attachments, tooling, accessories, appurtenances and additions thereto
❑ X or see attached Equipment Schedule
Lessee, through its authorized representative, hereby certifies to Lessor that:
The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease
Agreement ("Lease");
All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
Lessee accepts the Equipment for all purposes under the Lease as of 20 (the "Acceptance Date"), which is the
date on which the Equipment was delivered and installed;
The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes; and
Lessee is not in default under the Lease, no Non -Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee's
statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS. _DAY OF .20
Village of Buffalo Grove
("Lessee")
X
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
PN C
EQUIPMENT FINANCE
CERTIFICATE OF ACCEPTANCE
EQUIPMENT SCHEDULE
48 RAUPP BLVD.
BUFFALO GROVE, IL. 60089
Lease Number 210483000
(65) 2018 New E-Z-GO TXT-Gas Golf Cars
Car Accessories:
Wheel Covers (Gold)
Permanent Tow Bar
Fender Scuff Guard
(2) Sand Bottles
Single Message Holder
Bag (Club) Cover
•
Sun Canopy Top (Tan)
•
Fold Down Windshield
USB Port
Custom Logo
(2) Number Decals
Seat Color (Tan)
•
Vehicle Color ( Almond)
12/8/2017
E24
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 210483000, 210492000
Lessee: Village of Buffalo Grove
Lease Number 210483000 Amount $ 174,252.00 (Payment x Term)
Lease Number 210492000 Amount $279,312.00 (Payment x Term)
WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of
Illinois ("the State") is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Lessee
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal
property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules ("Leases") in the amount
not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the
functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1. Either one of the Village Manager OR (each an "Authorized Representative") acting on behalf of the Lessee,
is hereby authorized to negotiate, enter into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the
Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is
hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary
and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2. By a written instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or
employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and
the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State of
Illinois.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY
Dane C. Bragg Village Manager
Name
Title
Signature
Name Title Signature
ADOPTED AND APPROVED on this F t , 2017 .
Section 5. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above
Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the
date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above -named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing
Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such
resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: Village of Buffalo Grove
t
[SEAL]
Signature ofEl rk of Lessee
Print Name:
Official Title:
Date:
December 13, 2017
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and Village of
Buffalo Grove
Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment
described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible and
ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description
65 2018 New E-Z-GO TXT-Gas Golf Cars $248,365.00
85 2018 New E-Z-GO TXT Electric Golf Cars $324,880.00
Serial No.
As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during
the term of the transaction:
1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis or $573,245.00
2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment,
including fire, theft, and other customary coverage under an "extended coverage" endorsement, with a deductible not to exceed $10,000 per
occurrence.
3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum
coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4. Each property insurance policy must contain a lender's loss payable clause, or special endorsement, in which the insurer agrees that any
loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5. Each policy must provide for 30 days' written notice to PNCEF prior to any cancellation, non -renewal or amendment of the policy.
6. All additional insurance requirements as specified below:
The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for
insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender loss payee
Attn: Insurance Department
995 Dalton Avenue
Cincinnati, OH 45203
When completed, the evidence of insurance should be provided to the following address:
PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Tracy.sparks@pnc.com
10/17 SE Insurance Lefter(Lease)
Exhibit A.
PNC Lease Number 210492000
VoBG-2017-22
13
CO3
(DPNC
EQUIPMENT FINANCE
December 13, 2017
Lease Number 210492000
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
Enclosed are the necessary documents needed to complete your lease transaction. Please review, sign and return the following:
• Lease Agreement — Please have the Authorized Signor execute the documents and provide theirtitle.
Opinion of Counsel — Please have your attorney sign and provide the name of the law firm, if applicable.
Certificate of Acceptance — At the point of delivery, fill out this form and return the original to us. We will be unable to disburse
funds until we receive this signed form.
Schedule of Payments — Please sign and provide the title of the signor, if applicable.
• Resolution -Certificate of Incumbency — List your Authorized Representative(s) and their title(s) in the body of the Resolution. Have the
Authorized Representatives provide their names, title and signatures(s) on the lines which appear under the Authorized Representative
Signature Section near the bottom of the Resolution. Finally, have the Secretary or appropriate Trustee attest to the information of the
Authorized Representative(s) by signing and printing his/her name, title and date on the last signature line provided. The person who
validates the signature should not sign the Lease Agreement. The Resolution must reflect the title(s) of the individual(s) who have
authorization to sign the documents.
• Insurance Request Form — Fill in your insurer's information and sign. Please contact your insurer, prior to delivery, to obtain a
certificate of insurance. Please enclose the certificate with the signed documentation or have the insurer fax the certificate directly to
me.
• Sales Tax Exemption Certificate — Please return a copy with the documents.
• Minutes of Governing Body (approving the purchase & finance of equipment) — Please return a copy with the documents.
Please return the documents to PNC Equipment Finance, LLC, Attn: Taryn Goldschmidt 995 Dalton Avenue, Cincinnati, OH 45203.
Our goal is to ensure that you receive the lowest payment available. Therefore, it is important that the documents are completed and returned to
us by December 30, 2017.
If you have any questions please contact Taryn Goldschmidt at 513-455-9559 or Tracy Sparks at 513-455-2630.
Sincerely,
Ti-acy Sparks
Commercial Transaction Coordinator
Sports and Entertainment
E04
Lease Agreement
Dated as of December 13, 2017
Lease Number 210492000
Lessor: PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati. OH 45203
Lessee: LESSEE FULL LEGAL NAME FEDERAL TAX ID
Village of Buffalo Grove 362525051
50 Raupp Blvd.
Buffalo Grove, IL 60089
Equipment See attached Certificate of Acceptance for Equipment Description
Description Equipment Location 401 Half Day Road
Buffalo Grove, IL 60089
Rent Lease Term is for 58 months, with Rent 30 (Thirty) monthly payments in the amount of $9,310.40 due in Arrears in the
Payment months of May, June, July, August, September and October of each year. Payment are due on the 30th
Schedule of each month, beginning
Lessee shall pay Rent payments exclusively from legally available funds in U.S. currency to Lessor in the amounts and on the
dates set forth herein, without notice or demand.
TERMS AND CONDITIONS
1. LEASE. Subject to the terms of this Lease, Lessee agrees to lease from Lessor the equipment (the "Equipment") described in the attached Certificate of
Acceptance when Lessor accepts this Lease. Lessee agrees to be bound by all the terms of this Lease.
2. DELIVERY AND ACCEPTANCE OF EQUIPMENT. Acceptance of the Equipment occurs upon delivery. When Lessee receives the Equipment,
Lessee agrees to inspect it and to verify by telephone or in writing such information as Lessor may require. Delivery and installation costs are the
Lessee's responsibility. If Lessee signed a purchase contract for the Equipment, by signing this Lease Lessee assigns its rights, but none of its obligations
under the purchase contract, to Lessor.
3. RENT. Lessee agrees to pay Lessor Rent (plus applicable taxes) in the amount and frequency stated above. Rent Payments under this Lease do not
include the accrual of an interest portion. Lessor will advise Lessee as to (a) the due date of each Rent payment, and (b) the address to which
Lessee must send payments. Rent is due whether or not Lessee receives an invoice from Lessor. Restrictive endorsements on checks Lessee sends to
Lessor will not reduce obligations to Lessor. Unless a proper exemption certificate is provided, applicable sales and use taxes will be added to the Rent.
NON -APPROPRIATION OF FUNDS. Lessee intends to remit all Rent and other payments to Lessor for the full Lease Term if funds are legally
available. In the event Lessee is not granted an appropriation of funds at any time during the Lease Term for the Equipment subject to this Lease and
operating funds are not otherwise available to Lessee to pay the Rent and other payments due and to become due under this Lease, and there is no other
legal procedure or available funds by or with which payment can be made to Lessor, and the non -appropriation did not result from an act or omission by
Lessee, Lessee shall have the right to return the Equipment in accordance with Section 16 of the Lease and terminate this Lease on the last day of the
fiscal period for which appropriations were received without penalty or expense to Lessee, except as the portion of Rent for which funds shall have been
appropriated and budgeted. At least 30 days prior to the end of Lessee's fiscal year, Lessee's chief executive officer (or legal counsel) shall certify in
writing that (a) fimds have not been appropriated for the upcoming fiscal period, (b) such non -appropriation did not result from any act or failure to act by
Lessee, and (c) Lessee has exhausted all funds legally available for the payment of Rent.
4. UNCONDITIONAL OBLIGATION. LESSEE AGREES THAT IT IS UNCONDITIONALLY OBLIGATED TO PAY ALL RENT AND ANY
OTHER AMOUNTS DUE UNDER THIS LEASE IN ALL FISCAL YEARS IN WHICH FUNDS HAVE BEEN APPROPRIATED NO
MATTER WHAT HAPPENS, EVEN IF THE EQUIPMENT IS DAMAGED OR DESTROYED, IF IT IS DEFECTIVE OR IF LESSEE HAVE
TEMPORARY OR PERMANENT LOSS OF ITS USE. LESSEE IS NOT ENTITLED TO ANY REDUCTION OR SET-OFF AGAINST RENT
OR OTHER AMOUNTS DUE UNDER THIS LEASE FOR ANY REASON WHATSOEVER.
5. DISCLAIMER OF WARRANTIES. THE EQUIPMENT IS BEING LEASED TO LESSEE IN "AS IS" CONDITION. LESSEE AGREES
THAT LESSOR HAS NOT MANUFACTURED THE EQUIPMENT AND THAT LESSEE HAS SELECTED THE EQUIPMENT BASED
UPON LESSEE'S OWN JUDGMENT. LESSEE HAS NOT RELIED ON ANY STATEMENTS LESSOR OR ITS EMPLOYEES HAVE MADE.
LESSOR HAS NOT MADE AND DOES NOT MAKE ANY EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES
WHATSOEVER, INCLUDING WITHOUT LIMITATION, THE EQUIPMENT'S MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE, SUITABILITY, DESIGN, CONDITION, DURABILITY, OPERATION, QUALITY OF MATERIALS OR WORKMANSHIP, OR
COMPLIANCE WITH SPECIFICATIONS OR APPLICABLE LAW. Lessee is aware of the name of the Equipment manufacturer and will contact
the manufacturer for a description of warranty rights. If the manufacturer has provided Lessor with a warranty, Lessor assigns its rights to such warranty
to Lessee and Lessee may enforce all warranty rights directly against the manufacturer of the Equipment. Lessee agrees to settle any dispute regarding
performance of the Equipment directly with the manufacturer of the Equipment.
6. TITLE AND SECURITY INTEREST. Unless otherwise required by the laws of the state where Lessee is located, Lessor shall have title to the
Equipment, except as set forth in section 15.
7. USE, MAINTENANCE AND REPAIR. Lessee will not move the Equipment from the Equipment Location, except for purposes of maintenance and
storage, without Lessor's advance written consent. Lessee will give Lessor reasonable access to the Equipment Location so that Lessor can check
the Equipment's existence, condition and proper maintenance. Lessee will use the Equipment in the manner for which it was intended, as required by
all applicable manuals and 'instructions, and keep it eligible for any manufacturer's certification and/or standard full service maintenance contract. At
Lessee's own cost and expense, Lessee will keep the Equipment in good repair, condition and working order, ordinary wear and tear excepted. Lessee
will not make any permanent alterations to the Equipment.
8. TAXES. Lessee is a tax exempt entity. In the event that Lessee is no longer a tax exempt entity, Lessee agrees to pay Lessor, when invoiced, all taxes
(including any sales, use and personal property taxes), fines, interest and penalties relating to this Lease and the Equipment (excluding taxes based on
Lessor's net income). Lessee agrees to file any required personal property tax returns and, if Lessor asks, Lessee will provide Lessor with proof of
payment. Lessor does not have to contest any tax assessments.
9. INDEMNITY. Lessor is not responsible for any injuries, damages, penalties, claims or losses, including legal expenses, incurred by Lessee or any
other person caused by the transportation, installation, manufacture, selection, purchase, lease, ownership, possession, modification, maintenance,
condition, operation, use, return or disposition of the Equipment as a result of Lessee's sole negligence. To the extent permitted by law, Lessee agrees to
reimburse Lessor for and defend Lessor against any claims for such losses, damages, penalties, claims, injuries, or expenses. This indemnity continues
even after this Lease has expired, for acts or omissions that occurred during the Lease Term.
10. IDENTIFICATION. Lessee authorizes Lessor to insert or correct missing information on this Lease, including Lessee's official name, serial numbers
and any other information describing the Equipment. Lessor will send Lessee copies of such changes. Lessee will attach to the Equipment any name
plates or stickers Lessor provides Lessee approved by Lessee.
11. LOSS OR DAMAGE. Lessee is responsible for any loss of the Equipment from any cause at all, whether or not insured, from the time the Equipment is
shipped to Lessee until it is returned to Lessor. If any item of Equipment is lost, stolen or damaged, Lessee will promptly notify Lessor of such event.
Then, at Lessor's option, Lessee will either (a) repair the Equipment so that it is in good condition and working order, eligible for any manufacturer's
certification, or (b) pay Lessor an amount equal to the Net Book Value (as defined in Section 14) of the lost, stolen or damaged Equipment. If Lessee has
satisfied Lessee's obligations under this Section 11, Lessor will forward to Lessee any insurance proceeds which Lessor receives for lost, damaged, or
destroyed Equipment. If Lessee is in default, Lessor will apply any insurance proceeds Lessor receives to reduce Lessee's obligations under Section 14 of
this Lease.
12. INSURANCE. Lessee agrees to (a) keep the Equipment fully insured against loss, naming Lessor as loss payee, and (b) obtain a general public liability
insurance policy covering both personal injury and property damage in amounts not less than Lessor may tell Lessee, naming Lessor as additional insured,
until Lessee has met all Lessee's obligations under this Lease. Lessor is under no duty to tell Lessee if Lessee's insurance coverage is adequate. The
policies shall state that Lessor is to be notified of any proposed cancellation at least 30 calendar days prior to the date set for cancellation. Upon Lessor's
request, Lessee agree to provide Lessor with certificates or other evidence of insurance acceptable to Lessor. If Lessee does not provide Lessor with
evidence of proper insurance within ten days of Lessor's request or Lessor receives notice of policy cancellation, Lessor may (but Lessor is not
obligated to) obtain insurance on Lessor's interest in the Equipment at Lessee's expense. Lessee will pay all insurance premiums and related charges.
13. DEFAULT. Lessee will be in default under this Lease if any of the following happens: (a) Lessor does not receive any Rent or other payment due under
this Lease within thirty calendar days after its due date, (b) Lessee fails to perform or observe any other promise or obligation in this Lease and does
not correct the default within thirty calendar days after Lessor sends Lessee written notice of default, (c) any representation, warranty or statement
Lessee has made in this Lease shall prove to have been false or misleading in any material respect, (d) any insurance carrier cancels or threatens to
cancel any insurance on the Equipment, (e) the Equipment or any part of it is abused, illegally used, misused, lost, destroyed, or damaged beyond
repair, (f) a petition is filed by or against Lessee under any bankruptcy or insolvency laws, or (g) Lessee defaults on any other agreement between it and
Lessor (or Lessor's affiliates).
14. REMEDIES. Upon the occurrence of a default, Lessor may, in its sole discretion, do any or all of the following: (a) provide written notice to Lessee of
default, (b) as liquidated damages for loss of a bargain and not as a penalty, declare due and payable, the present value of (i) any and all amounts which
may be then due and payable by Lessee to Lessor under this Lease, plus (ii) all Rent payments remaining through the end of the Lease Term, discounted at
the higher of 3% or the lowest rate allowed by law, plus the Fair Market Value of the Equipment (collectively, the "Net Book Value"). Lessor has the right
to require Lessee to make the Equipment available to Lessor for repossession during reasonable business hours or Lessor may repossess the Equipment, so
long as Lessor does not breach the peace in doing so, or Lessor may use legal process in compliance with applicable law pursuant to court order to have
the Equipment repossessed. Lessee will not make any claims against Lessor or the Equipment for trespass, damage or any other reason. If Lessor takes
possession of the Equipment Lessor may (a) sell or lease the Equipment at public or private sale or lease, and/or (b) exercise such other rights as may be
allowed by applicable law. Although Lessee agrees that Lessor has no obligation to sell the Equipment, if Lessor does sell the Equipment, Lessor will
reduce the Net Book Value by the amounts Lessor receives. Lessee will immediately pay Lessor the remaining Net Book Value. Lessee agrees (a) that
Lessor only needs to give Lessee ten days' advance notice of any sale and no notice of advertising, (b) to pay all of the costs Lessor incurs to enforce
Lessor's rights against Lessee, including attorney's fees, and (c) that Lessor will retain all of Lessor's rights against Lessee even if Lessor does not choose
to enforce them at the time of Lessee's default.
15. LESSEE'S OPTION AT END OF LEASE. Notwithstanding anything contained in the Lease to the contrary, so long as no default shall have occurred
and be continuing, Lessee may, at Lessee's option, purchase the Equipment leased pursuant to this Rental Schedule on an "as is, where is" basis, without
representation or warranty, express or implied, at the end of the Initial Term at a price equal to the Fair Market Value thereof, plus applicable taxes. "Fair
Market Value" shall be equal to the value which would be obtained in an arms -length transaction between an informed and willing buyer and an informed
and willing seller under no compulsion to sell, and in such determination, costs of removal of the Equipment from its location of current use shall not be a
deduction from such value. If Lessee and Lessor cannot agree on the Fair Market Value thereof, such value shall be determined by appraisal at the sole
expense of Lessee. Appraisal shall be a procedure whereby two recognized independent appraisers, one chosen by Lessee and one by Lessor, shall
mutually agree upon the amount in question. If the appraisers are unable to agree upon the amount in question, a third recognized independent appraisers'
evaluation shall be binding and conclusive on Lessee and Lessor. This purchase option as applicable shall only be available if Lessee gives Lessor 90
days' prior written notice of Lessee's irrevocable intent to exercise such option and Lessor and Lessee shall have agreed to all terms and conditions of such
purchase prior to the expiration date of the Initial Term. Until the Equipment is returned as required below, all terms of the Lease shall remain in full
force and effect including the obligation to pay Rent.
16. RETURN OF EQUIPMENT. If (a) default occurs, (b) a non -appropriation of funds occurs in accordance with Section 3, or (c) Lessee does not purchase
the Equipment pursuant to Section 15, Lessee will immediately return the Equipment to any location(s) in the continental United States and aboard
any carriers(s) Lessor may designate. The Equipment must be properly packed for shipment in accordance with the manufacturer's recommendations or
specifications, freight prepaid and insured, maintained in accordance with Section 7, and in "Average Saleable Condition." "Average Saleable Condition"
means that all of the Equipment is immediately available for use by a third party buyer, user or lessee, other than Lessee named in this Lease, without
the need for any repair or refurbishment. All Equipment must be free of markings. Lessee will pay Lessor for any missing or defective parts or
accessories. Lessee will continue to pay Rent until the Equipment is received and accepted by Lessor.
17. LESSEE'S REPRESENTATIONS AND WARRANTIES. Lessee hereby represents and warrants to Lessor that as of the date of this Lease, and
throughout the Lease Term: (a) Lessee is the entity indicated in this Lease; (b) Lessee is a State or a fully constituted political subdivision or agency of the
State in which Lessee is located; (c) Lessee is duly organized and existing under the Constitution and laws of the State in which Lessee is located; (d)
Lessee is authorized to enter into and carry out Lessee's obligations under this Lease, any documents relative to the acquisition of the Equipment and any
other documents required to be delivered in connection with this Lease (collectively, the "Documents"); (e) the Documents have been duly authorized,
executed and delivered by Lessee in accordance with all applicable laws, rules, ordinances, and regulations, the Documents are valid, legal, binding
agreements, enforceable in accordance with their terms and the person(s) signing the Documents have the authority to do so, are acting with the full
authorization of Lessee's governing body, and hold the offices indicated below their signature, each of which is genuine; (f) the Equipment is essential to
the immediate performance of a governmental or proprietary function by Lessee within the scope of Lessee's authority and shall be used during the Lease
Term only by Lessee and only to perform such function; (g) Lessee intends to use the Equipment for the entire Lease Term and shall take all necessary
action to include in Lessee's annual budget any funds required to fulfill Lessee's obligations for each fiscal year during the Lease Term; (h) Lessee has
complied fully with all applicable law governing open meetings, public bidding and appropriations required in connection with this Lease and the
acquisition of the Equipment; (i) Lessee's obligations to remit Rent under this Lease constitutes a current expense and not a debt under applicable state law
and no provision of this Lease constitutes a pledge of Lessee's tax or general revenues, and any provision which is so constructed by a court of competent
jurisdiction is void from the inception of this lease; 0) all payments due and to become due during Lessee's current fiscal year are within the fiscal budget
of such year, and are included within an unrestricted and unencumbered appropriation currently available for the lease of the Equipment; and (k) all
financial information Lessee has provided to Lessor is true and accurate and provides a good representation of Lessee's financial condition.
18. LESSEE'S PROMISES. In addition to the other provisions of this Lease, Lessee agrees that during the term of this Lease (a) Lessee will promptly
notify Lessor in writing if it moves Lessee's principal office or it changes names or its legal structure, (b) Lessee will provide to Lessor such financial
information as may reasonably request from time to time, and (c) Lessee will take any necessary action Lessor reasonably requests to protect Lessor's
rights in the Equipment and to meet Lessee's obligations under this Lease.
19. ASSIGNMENT. LESSEE WILL NOT SELL, TRANSFER, ASSIGN, PLEDGE, SUB -LEASE OR PART WITH POSSESSION OF THE
EQUIPMENT OR FILE OR PERMIT A LIEN TO BE FILED AGAINST THE EQUIPMENT. Lessee will not attach any of the Equipment to any
real estate. Upon Lessor's reasonable request and at Lessee's cost, Lessee will obtain from each person having an interest in the real estate where the
Equipment is located a waiver of any rights they may have in the Equipment.
20. ASSIGNMENT BY LESSOR This Lease, and the rights of Lessor hereunder and in and to the Equipment, may be assigned and reassigned in whole or
in part to one or more assignees by Lessor or its assigns at any time without the necessity of obtaining the consent of Lessee; provided, however, no such
assignment or reassignment shall be effective unless and until Lessee shall have been given written notice of assignment disclosing the name and address
of the assignee or its agent authorized to receive payments and otherwise service this Lease on its behalf Upon receipt of notice of assignment, Lessee
agrees to record the same in records maintained for such purpose, and further, to make all payments as designated in this agreement, notwithstanding any
claim, defense, setoff or counterclaim whatsoever (whether arising from a breach of this Lease or otherwise) that Lessee may from time to time have
against Lessor or Lessors assigns. Lessee agrees to execute all documents, including acknowledgments of assigiunent, which may reasonably be
requested by Lessor or its assigns to protect their interests in the Equipment and in this Lease.
21. COLLECTION EXPENSES, OVERDUE PAYMENT. Lessee agrees that Lessor can, but does not have to, take on Lessee's behalf any action which
Lessee fails to take as required by this Lease, and Lessor's expenses will be in addition to that of the Rent which Lessee owes Lessor. If Lessor receives
any payment from Lessee after the due date, Lessee shall pay Lessor pursuant to the Illinois Prompt Payment Act.
22. AGREED LEASE RATE FACTOR. Lessee understands that the Equipment may be purchased for cash (the "Equipment Cost") or it may be leased.
By signing this Lease, Lessee acknowledges that it has chosen to lease the Equipment from Lessor for the Lease Tern and that Lessee has agreed to pay
Rent. Each payment of Rent includes a principal amount based on the Equipment Cost and a lease charge rate. If it is determined that Lessee's payments
under this Lease result in an interest payment higher than allowed by applicable law, then any excess interest collected will be applied to the
repayment of principal and interest will be charged at the highest rate allowed by law. In no event will Lessor charge or receive or will Lessee pay
any amounts in excess of the legal amount.
23. MISCELLANEOUS. This Lease contains the entire agreement and supersedes any conflicting provision of any equipment purchase order or any other
agreement. TIME IS OF THE ESSENCE IN THIS LEASE. If a court finds any provision of Lease to be unenforceable, the remaining terms of this
Lease shall remain in effect. TO THE EXTENT THAT THIS LEASE IS FOUND TO NOT BE A TRUE LEASE, THIS LEASE IS A "FINANCE
LEASE" AS DEFINED IN ARTICLE 2A OF THE UNIFORM COMMERCIAL CODE. Lessee authorizes Lessor (or Lessor's agent) to (a) obtain
credit reports, (b) make such other credit inquires as Lessor may deem necessary, and (c) furnish payment history information to credit reporting agencies.
24. NOTICES. All of Lessee's written notices to Lessor must be sent by certified mail or recognized overnight delivery service, postage prepaid, to Lessor at
Lessor's address stated in this Lease, or by facsimile transmission to Lessor's facsimile telephone number, with oral confirmation of receipt. All of
Lessor's notices to Lessee may be sent first class mail, postage prepaid, to Lessee's address stated in this Lease. At any time afler this Lease is signed,
Lessee or Lessor may change an address or facsimile telephone number by giving notice to the other of the change.
25. ANTI -MONEY LAUNDERINGANTERNATIONAL TRADE COMPLIANCE. Lessee represents and warrants to Lessor, as of the date of this
Lease, the date of each advance of proceeds under the Lease, the date of any renewal, extension or modification of this Lease, and at all times until the
Lease has been terminated and all amounts thereunder have been indefeasibly paid in full, that: (a) no Covered Entity (i) is a Sanctioned Person; or (ii)
does business in or with, or derives any of its operating income from investments in or transactions with, any Sanctioned Country or Sanctioned Person in
violation of any law, regulation, order or directive enforced by any Compliance Authority; (b) the proceeds of the Lease will not be used to fund any
unlawful activity; (c) the funds used to repay the Lease are not derived from any unlawful activity; and (d) each Covered Entity is in compliance with, and
no Covered Entity engages in any dealings or transactions prohibited by, any laws of the United States.
As used herein: "Compliance Authority" means each and all of the (a) U.S. Treasury Department/Office of Foreign Assets Control, (b) U.S. Treasury
Department/Financial Crimes Enforcement Network, (c) U.S. State Department/Directorate of Defense Trade Controls, (d) U.S. Commerce
Department/Bureau of Industry and Security, (e) U.S. Internal Revenue Service, (f) U.S. Justice Department, and (g) U.S. Securities and Exchange
Commission; "Covered Entity" means Lessee, its affiliates and subsidiaries and direct and indirect owners; "Sanctioned Country" means a country
subject to a sanctions program maintained by any Compliance Authority; and "Sanctioned Person" means any individual person, group, regime, entity or
thing listed or otherwise recognized as a specially designated, prohibited, sanctioned or debarred person or entity, or subject to any limitations or
prohibitions (including but not limited to the blocking of property or rejection of transactions), under any order or directive of any Compliance Authority
or otherwise subject to, or specially designated under, any sanctions program maintained by any Compliance Authority.
26. USA PATRIOT ACT NOTICE. To help the government fight the funding of terrorism and money laundering activities, Federal law requires all
financial institutions to obtain, verify and record information that identifies each lessee that opens an account. What this means: when the Lessee opens
an account, Lessor will ask for the business name, business address, taxpayer identifying number and other information that will allow the Lessor to
identify Lessee, such as organizational documents. For some businesses and organizations, Lessor may also need to ask for identifying information and
documentation relating to certain individuals associated with the business or organization.
27. WAIVERS. LESSOR AND LESSEE EACH AGREE TO WAIVE, AND TO TAKE ALL REQUIRED STEPS TO WAIVE, ALL RIGHTS TO A
JURY TRIAL. To the extent Lessee is permitted by applicable law, Lessee waives all rights and remedies conferred upon a lessee by Article 2A
(Sections 508-522) of the Uniform Commercial Code including but not limited to Lessee's rights to: (a) cancel or repudiate this Lease; (b) reject or
revoke acceptance of the Equipment; (c) recover damages from Lessor for any breach of warranty or for any other reason; (d) grant a security interest in
any Equipment in Lessee's possession. To the extent Lessee is permitted by applicable law, Lessee waives any rights they now or later may have under
any statute or otherwise which requires Lessor to sell or otherwise use any Equipment to reduce Lessor's damages, which requires Lessor to provide
Lessee with notice of default, intent to accelerate amounts becoming due or acceleration of amounts becoming due, or which may otherwise limit or
modify any of Lessor's rights or remedies. ANY ACTION LESSEE TAKES AGAINST LESSOR FOR ANY DEFAULT, INCLUDING BREACH
OF WARRANTY OR INDEMNITY, MUST BE STARTED WITHIN ONE YEAR AFTER THE EVENT, WHICH CAUSED IT. Lessor will not
be liable for specific performance of this Lease or for any losses, damages, delay or failure to deliver Equipment. Jurisdiction will be in Cook County,
Illinois.
28. IMPORTANT INFORMATION ABOUT PHONE CALLS. By providing telephone number(s) to Lessor, now or at any later time, Lessee authorizes
Lessor and its affiliates and designees to contact Lessee regarding Lessee account(s) with Lessor or its affiliates, whether such accounts are Lessee
individual accounts or business accounts for which Lessee is a contact, at such numbers using any means, including but not limited to placing calls using
an automated dialing system to cell, VoIP or other wireless phone number, or leaving prerecorded messages or sending text messages, even if charges may
be incurred for the calls or text messages. Lessee consents that any phone call with Lessor may be monitored or recorded by Lessor.
IMPORTANT: READ BEFORE SIGNING. THE TERMS OF THIS LEASE SHOULD BE READ CAREFULLY BECAUSE ONLY THOSE
TERMS IN WRITING ARE ENFORCEABLE. TERMS OR ORAL PROMISES WHICH ARE NOT CONTAINED IN THIS WRITTEN
AGREEMENT MAY NOT BE LEGALLY ENFORCED. THE TERMS OF THIS LEASE MAY ONLY BE CHANGED BY ANOTHER WRITTEN
AGREEMENT BETWEEN LESSEE AND LESSOR. LESSEE AGREES TO COMPLY WITH THE TERMS AND CONDITIONS OF THIS
LEASE. LESSEE AGREES THAT THE EQUIPMENT WILL BE USED FOR BUSINESS PURPOSES ONLY AND NOT FOR PERSONAL,
FAMILY OR HOUSEHOLD PURPOSES.
LESSEE CERTIFIES THAT ALL THE INFORMATION GIVEN IN THIS LEASE AND LESSEE'S APPLICATION WAS CORRECT AND
COMPLETE WHEN THIS LEASE WAS SIGNED. THIS LEASE IS NOT BINDING UPON LESSOR OR EFFECTIVE UNLESS AND UNTIL
LESSOR EXECUTES THIS LEASE. THIS LEASE WILL BE GOVERNED BY THE LAWS OF THE STATE OF THE LESSEE.
Village of Buffalo Grove
("Lessee"),
Authorized Signature
Dane C. Bragg
Print Name
Village Manager
Title:
),r� 6 c 2 L `l J ZM t7
Dale
50 Raupp Blvd.
Buffalo Grove, IL 60089
PNC Equipment Finance, LLC
("Lessor")
X
Authorized Signature
Print Name
Title:
995 Dalton Ave.
Cincinnati, OH 45203
OPINION OF COUNSEL
Lease Number 210483000, 210492000
I have acted as counsel to the above -referenced Lessee (the "Lessee") with respect to this Lease Agreement by and between the Lessee and
Lessor (the "Lease"), and in this capacity have reviewed the original or duplicate originals of the Lease and such other documents as I have
deemed relevant. Based upon the foregoing, I am of the opinion that: (A) Lessee is a state or a fully constituted political subdivision or agency
of a state within the meaning of Section 103 of the Internal Revenue Code of 1986, as amended; (B) the execution, delivery and performance of
the Lease by Lessee has been duly authorized by all necessary action on the part of Lessee; (C) the Lease constitutes a legal, valid and binding
obligation of Lessee enforceable in accordance with its terms, except as limited by laws of general application affecting the enforcement of
creditors' rights, and does not constitute a debt of Lessee which is prohibited by state law; (D) the authorization, approval and execution of the
Lease and all other proceedings of Lessee related to the transactions contemplated thereby have been performed in accordance with all open -
meeting laws, public bidding laws, and all other applicable state laws. The undersigned certifies that he is an attorney duly authorized to
practice law in the State of Illinois.
The foregoing opinions are limited to the laws of the State of Illinois and federal laws of the United States.
Attorneeyof Lessee
iXJ ¢
By: `
Print Name: William G. Raysa
Law firm: Tressler LLP
2 of 4
E23
CERTIFICATE OF ACCEPTANCE
Lease Number210492000
Description Serial No.
Quantity
80 (80) 2018 New E-Z-GO TXT-48v Electric Golf Cars
Together with all attachments, tooling, accessories, appurtenances and additions thereto
❑ X or see attached Equipment Schedule
Lessee, through its authorized representative, hereby certifies to Lessor that:
1. The Equipment has been delivered to the location where it will be used, which is the Equipment Location given in the Lease
Agreement ("Lease");
2. All of the Equipment has been inspected and is (a) complete, (b) properly installed, (c) functioning, and (d) in good working order;
3. Lessee accepts the Equipment for all purposes under the Lease as of _, 20 (the "Acceptance Date"), which is the
date on which the Equipment was delivered and installed;
4. The Equipment is of a size, design, capacity and manufacture acceptable to Lessee and suitable for Lessee's purposes; and
5. Lessee is not in default under the Lease, no Non -Appropriation of Funds (as described in the Lease) has occurred, and all of Lessee's
statements and promises set forth in the Lease are true and correct.
Lessor is hereby authorized to insert serial numbers on the Lease.
THIS CERTIFICATE OF ACCEPTANCE IS SIGNED THIS DAY OF 120
Village of Buffalo Grove
("Lessee")
X
Authorized Signature
Dane C. Bra
Print Name
Village Manager
Title:
Date
50 Raupp Blvd.
Buffalo Grove, IL 60089
(DPNC
EQUIPMENT FINANCE
CERTIFICATE OF ACCEPTANCE
EQUIPMENT SCHEDULE
401 HALF DAY ROAD.
BUFFALO GROVE, IL. 60089
Lease Number 210492000
(80) 2018 New E-Z-GO TXT-48v Electric Golf Cars
Car Accessories:
•
Wheel Covers (Gold)
•
Permanent Tow Bar
•
Fender Scuff Guard
•
(2) Sand Bottles
•
Single Message Holder
Bag (Club) Cover
•
Sun Canopy Top (Black)
•
Fold Down Windshield
•
USB Port
•
Custom Logo
•
(2) Number Decals
•
Seat Color (Tan)
•
Vehicle Color ( Black)
12/13/2017
E24
RESOLUTION AND CERTIFICATE OF INCUMBENCY
Lease Number 210483000, 210492000
Lessee: Village of Buffalo Grove
Lease Number 210483000 Amount $ 174,252.00 (Payment x Term)
Lease Number 210492000 Amount $279,312.00 Payment x Term)
WHEREAS, Lessee, a body politic and corporate duly organized and existing as a political subdivision, municipal corporation or similar public entity of the State of
Illinois ("the State") is authorized by the laws of the State to purchase, acquire and lease certain equipment and other property for the benefit of the Lessee
and its inhabitants and to enter into contracts with respect thereto; and
WHEREAS, pursuant to applicable law, the governing body of the Lessee ("Governing Body") is authorized to acquire, dispose of and encumber real and personal
property, including, without limitation, rights and interest in property, leases and easements necessary to the functions or operations of the Lessee.
WHEREAS, the Governing Body hereby finds and determines that the execution of one or more Lease Agreements or lease schedules ("Leases") in the amount
not exceeding the amount stated above for the purpose of acquiring the property ("Equipment") to be described in the Leases is appropriate and necessary to the
functions and operations of the Lessee.
WHEREAS, PNC Equipment Finance, LLC ("Lessor") shall act as Lessor under said Leases.
NOW, THEREFORE, Be It Ordained by the Governing Body of the Lessee:
Section 1. Either one of the Village Manager OR (each an "Authorized Representative") acting on behalf of the Lessee,
is hereby authorized to negotiate, enter Into, execute, and deliver one or more Leases in substantially the form set forth in the document presently before the
Governing Body, which document is available for public inspection at the office of the Lessee. Each Authorized Representative acting on behalf of the Lessee is
hereby authorized to negotiate, enter into, execute, and deliver such other documents relating to the Lease as the Authorized Representative deems necessary
and appropriate. All other related contracts and agreements necessary and incidental to the Leases are hereby authorized.
Section 2. By a written Instrument signed by any Authorized Representative, said Authorized Representative may designate specifically identified officers or
employees of the Lessee to execute and deliver agreements and documents relating to the Leases on behalf of the Lessee.
Section 3. The Lessee's obligations under the Leases shall be subject to annual appropriation or renewal by the Governing Body as set forth in each Lease and
the Lessee's obligations under the Leases shall not constitute general obligations of the Lessee or indebtedness under the Constitution or laws of the State of
Illinois.
Section 4. This resolution shall take effect immediately upon its adoption and approval.
SIGNATURES AND TITLES OF AUTHORIZED REPRESENTATIVES: AUTHORIZED LEASE SIGNORS ONLY
Dane C. Bragg Village Manager
Name
Title
xl_e�614,
Signature
Name Title Signature
ADOPTED AND APPROVED on this F I f , 2017 .
Section 5. I, the undersigned Secretary/Clerk identified below, does hereby certify that I am the duly elected or appointed and acting Secretary/Clerk of the above
Lessee, a political subdivision duly organized and existing under the laws of the State where Lessee is located, that I have the title stated below, and that, as of the
date hereof, the individuals named below are the duly elected or appointed officers of the Lessee holding the offices set forth opposite their respective names.
The undersigned Secretary/Clerk of the above -named Lessee hereby certifies and attests that the undersigned has access to the official records of the Governing
Body of the Lessee, that the foregoing resolutions were duly adopted by said Governing Body of the Lessee at a meeting of said Governing Body and that such
resolutions have not been amended or altered and are in full force and effect on the date stated below.
LESSEE: Village of Buffalo Grove
r
v4_ a 4 (SEAL]
Signature of -el rk of Lessee
Print Name: I S '# a I A IQ
Official Title: ` ,
Date:
December 13, 2017
Village of Buffalo Grove
50 Raupp Blvd.
Buffalo Grove, IL 60089
RE: Insurance Coverage Requirements for Equipment Financing Transaction between PNC Equipment Finance, LLC and Village of
Buffalo Grove
Before funding your transaction, PNC Equipment Finance, LLC requires evidence of appropriate insurance coverage on the equipment
described in your transaction documents. Please forward this request to your insurance company, agent or broker as soon as possible and
ask for the evidence of insurance to be sent to the address below.
PNC Equipment Finance, LLC will have an insurable interest in the following equipment:
Quantity Description
65 2018 New E-Z-GO TXT-Gas Golf Cars $248,365.00
85 2018 New E-Z-GO TXT Electric Golf Cars $324,880.00
Serial No.
As a condition to entering into the equipment financing transaction, PNC Equipment Finance, LLC requires the following at all times during
the term of the transaction:
1. All of the equipment must be insured for its full insurable value on a 100% replacement cost basis or $573,245.00
2. PNC Equipment Finance, LLC must be named as lender loss payee under a property insurance policy insuring all risks to the equipment,
including fire, theft, and other customary coverage under an "extended coverage" endorsement, with a deductible not to exceed $10,000 per
occurrence.
3. PNC Equipment Finance, LLC must receive evidence that a comprehensive general liability insurance policy is in place with a minimum
coverage of $1,000,000. PNC Equipment Finance, LLC must be named as an additional insured under the liability policy.
4. Each property insurance policy must contain a lender's loss payable clause, or special endorsement, in which the insurer agrees that any
loss will be payable in accordance with the policy terms, notwithstanding any act or negligence of the insured.
5. Each policy must provide for 30 days' written notice to PNCEF prior to any cancellation, non -renewal or amendment of the policy.
6. All additional insurance requirements as specified below:
The evidence of insurance can consist of a Certificate of Insurance form, Evidence of Insurance form, Memorandum of Insurance, binder for
insurance, declarations page, or the actual policy and endorsements, in each case naming PNC Equipment Finance, LLC as follows:
PNC Equipment Finance, LLC, and its successors and assigns, as lender losspayee
Attn: Insurance Department
995 Dalton Avenue
Cincinnati, OH 45203
When completed, the evidence of insurance should be provided to the following address:
PNC Equipment Finance, LLC
995 Dalton Avenue
Cincinnati, OH 45203
Tracy.sparks@pnc.com
10/17 SE Insurance Letter(Lease)
Exhibit B.
Proposal Response Documents & Scope of Services
VoBG-2017-22
14
SCOPE OF SERVICES
OVERVIEW
GOLF CAR LEASE
GENERAL:
VoBG-2017-22
The Village of Buffalo Grove ("Village") is seeking proposals from qualified Contractors to
provide leased golf cars at the Village of Buffalo Grove Golf Course located at 48 Raupp Blvd.,
Buffalo Grove IL 60089 and the Arboretum Golf Course located at 401 Half Day Road Buffalo
Grove, IL 60089. The following list of conditions and requirements should be included in the
Request for Proposal package. In addition, these conditions and requirements shall also be a
part of the final lease agreement:
The Contractor will provide long and short-term rental of golf cars, personnel carriers and utility
vehicles, electric and gasoline powered, to be used at various department facilities. The services
to be provided by the successful contractor include, but are not limited to, furnishing of rental
golf cars, personnel carriers, and utility vehicles, electric and gasoline powered, on a long and
short term basis, provide all repairs, warranty and/or non -warranty, to include all parts and
labor to effect the repairs and transportation of the unit to and from the repair facility.
The Contractor shall provide, for demonstration purposes only, one gas golf car and one electric
golf car to the Village upon notification of selection as a finalist during the review portion of this
RFP.
A Five (5) year lease commencing on February 1, 2018 and ending December 31, 2022
The Contractor shall submit their proposal on a fixed rate per car basis f„r both the these and
f.,ur. eaF lase
Contractor agrees to furnish the Village sixty five (65) new two passengers, four wheel gas golf
cars to be delivered to the Buffalo Grove Golf Course no later than February 1, 2018 and eighty
(80) new two passenger, four wheel electric golf cars with chargers to be delivered to the
Arboretum Golf Club no later than February 1, 2018.
Notwithstanding paragraph 16 of Exhibit A. the Contractor shall return all leased Golf Cars to
the location(s) Lessor designates.
15
VoBG-2017-22
All leased cars under this contract shall be new. Reconditioned and/or used units will not be
accepted.
.A.Rei.v fleet of golf eaFs, peFSORRel GaKieFs and utility vehiGles will be pFevided f9F the 3 yeaF 9F 4
All new units will be covered by the manufacturer's warranty for a minimum of three (3) years
from the date the units are delivered to the department facilities.
The Golf Department will provide covered storage facilities for a minimum of one hundred per
cent (100%) of the electric car fleet at the Arboretum Golf Facility.
The Golf Department will provide no covered storage at the Buffalo Grove Golf Facility. The
contractor will be responsible for collecting cars on December 1 at 48 Raupp Blvd., Buffalo
Grove IL 60089 of each year of the contract. The contractor will store and then return cars to 48
Raupp Blvd., Buffalo Grove IL 60089 on February 1 of each year of the contract.
GOLF CAR SPECIFICATIONS
The Golf cars furnished under this specification shall be E-Z-Go, a Textron Company, Model TXT,
or an approved equal, and shall come equipped with all of the standard and additional
equipment/accessories identified below. The cars shall be functionally equivalent to the
following specifications:
Electric Car
Frame Welded steel with powder coating
Front Body & Finish Injection -molded Thermoplastic olefin (TPO)
Rear Body & Finish Injection -molded TPO
Standard Color Manufacturers standard colors(all units will be the same color)
Power Source 48-volt DC
Motor Type Shunt Wound
Horsepower (kW) 3.0 hp (2.2 kW) Continuous
Electric System 48-volt
Batteries (qty/type) Six, 8-volt deep cycle
Key or Pedal Start Pedal
Battery Charger 48 VDC PowerWiseTM QE, 120 VAC, UL & CSA
16
Speed Controller 250-amp solid-state controller
Drive Train
Motor shaft direct drive
Transaxle
Differential with helical gears
Gear Selection
sash Body -mounted forward -neutral -reverse
Rear Axle Ratio
12.44:1
Seating Capacity
2-person
Vehicle Load Capacity
800 lb (363 kg)
Speed (level ground)
10.2-14.8 mph (16.4-23.8 kph)
Steering
Self -compensating rack and pinion
Service Brake
Rear wheel mechanical self-adjusting drum
Parking Brake
Self -compensating single -point engagement
Tires
18 x 8.50-8 (4-ply rated)
Gas Car
Frame
Body & Finish
Standard Color
Power Source
Valve Train
Horsepower (kW)
Electric System
Batteries (qty/type)
Key or Pedal Start
Fuel Capacity
Drive Train
Transaxle
Gear Selection
VoBG-2017-22
Welded steel with powder coating
Injection -molded TPO
Manufacturers standard colors(all units will be the same color)
4-Cycle 24.5 cu in (401 cc) low -emissions
Single -cylinder OHV with hemispheric combustion chamber
13.5 hp (10.1 kW) exceeds SAE J1940 Std.
Starter/Generator, Solid -State Regulator
One, 12-volt maintenance -free
Pedal
5.3 gallon (20.0 Q tank
Continuously variable transmission (CVT)
Differential with helical gears
Forward -Reverse
17
VoBG-2017-22
Rear Axle Ratio
11.42:1 (forward), 15.78:1 (reverse)
Cooling System
Air Cooled
Seating Capacity
2-person
Vehicle Load Capacity
800 lb (363 kg)
Speed (level ground)
13 mph +/- 0.5 mph (21 kph +/- 0.8 kph)
Steering
Self -compensating rack and pinion
Service Brake
Rear wheel mechanical self-adjusting drum
Parking Brake
Self -compensating single -point engagement
Tires
18 x 8.50-8 (4-ply rated)
ADDITIONAL EQUIPMENT: Both Electric and Gas cars for both Golf Courses are to be furnished
with the following:
a.) Black rear quarter panel top scuff guards
b.) Sun canopy top
c.) One-piece permanent front or rear mounted tow bar
d.) Four (4) cup console with drink/tee/ball holders
e.) Steering wheel with pencil and scorecard holder
f.) Reverse warning indicator
g.) Vinyl and wrap around rear fender mud guards
h.) Windshield, Split, hinged
i.) Plastic information holder
M Single or twin sweater brackets
k.) Sand bottle brackets and bottles on both sides
I.) Thirty (30) extra sand bottles per Golf Course.
m.) Thirty (30) New Replacement Tires and Rims (mounted) are to be provided on an annual
basis to both of the golf course facilities.
18
VoBG-2017-22
n.) Four (4) inch high identification numbers are to be installed on drivers and passengers
side of the cars
o.) Golf Course Logo decal, up to four (4) colors, are to be installed on the front panel of the
golf car. Artwork will be provided to the contractor by the Village.
RANGE PICKER, GASOLINE POWERED, SPECIFICATIONS:
The Utility Vehicles furnished under this specification shall be E-Z-Go, a Textron Company,
Hauler Model 1200, or an approved equal, and shall come equipped with all of the standard and
additional equipment/accessories identified in the following specifications.
Engine: The engine shall be Gasoline, 11.0 rated, 4 cycle, 2 GI (350 ce), +.viin
24.5 Cl (401cc) single cylinder, air-cooled.
Valve Train: The valve train shall be an overhead valve, overhead cam, and belt
drive.
Lubrication:
Pressurized oil system, washable permanent filter.
Ignition:
The ignition shall be solid state with crank trigger, electronic timing
advance, and RPM limiter.
Electrical System:
The electrical system shall consist of starter/generator, solid-state
regulator, 24-volt maintenance free battery, 515 CCA, 82-minute
reserve, instrument panel mounted 24-volt power outlet and hour
meter.
Drive Train:
The drive train shall be automatic, continuously variable transmission
(CVT) forward and reverse.
Transaxle: The transaxle shall be high efficiency differential with helical gears
and ground speed governor.
Brakes: The brakes shall be dual rear wheel mechanical drum brakes, self-
adjusting with non -asbestos linings and an automatic parking brake
release with self -compensating system.
Body: The front shall be a flexible resistant front cowl with the rear having
lightweight, replaceable steel panels.
Chassis: The chassis is to be constructed of high yield strength tubular steel or
aluminum construction combining frame and body together. It shall be
equipped with a mounted hitch receiver.
19
VoBG-2017-22
Suspension:
Front & rear suspension to have heavy duty multiple leaf springs w/
hydraulic shock absorbers.
Steering:
Steering to be self -compensating single reduction rack & pinion.
Fuel System:
6.0-gallon tank with Instrument Panel mounted Analog Fuel Gauge and
Low Oil light.
Dimensions:
Overall length to be minimum 100" but a maximum 115"; wheelbase to
be at least 66".
Load Capacity:
Vehicle load capacity to be rated @ a minimum of 1,200 pounds
including operator, one (1) passenger, accessories and cargo.
Load Bed:
The size of the load bed shall be approximately 43" wide x 40 inches
long x 24 inches deep with a bed volume of approximately 12 cubic feet.
The bed shall be equipped with a heavy-duty bed liner with tailgate
cover, quick release for easy service access and a hinged removable
tailgate and bedsides.
Speed:
Speed shall be approximately 12-14 MPH. Manual or keyed
forward/reverse/neutral switch. Infinite number of speeds via a solid-
state controller.
Color: Manufacturer standard colors
Tires: 18 x 5.50 x 8, 4-ply rated standard ribbed tires.
ADDITIONAL EQUIPMENT: All of the Range Pickers are to be furnished with the following:
a.) Steel, aluminum, or polymer driving range enclosure capable of protecting operator and
enclosure from damage from golf balls.
b.) Range ball picker attachment.
c.) Twenty (20) New Replacement Tires and Rims (mounted) are to be provided to the golf
courses on an annual basis.
d.) Headlights, with protective cover
e.) Windshield
20
VoBG-2017-22
UTILITY VEHICLE, GASOLINE POWERED, SPECIFICATIONS:
The Utility Vehicles furnished under this specification shall be Cushman, Hauler 1200, or an
approved equal, and shall come equipped with all of the standard and additional
equipment/accessories identified in the following specifications.
Frame Welded steel with powder coating
Body & Finish Injection -molded TPO
Standard Color Manufacturers standard colors(all units will be the same color)
Power Source 4 Cycle 24.5 cu in (401 cc)
Valve Train Single Cylinder OHV
Horsepower (kW) 13.5 hp (10.1 kW) Exceeds SAE J1940 Std.
Electrical System Starter/Generator. Solid State Regulator
Batteries One, 12 Volt Maintenance Free
Body & Finish Injection -Molded TPO
Cooling System Air Cooled
Max Fuel Volume 6.0 Gallon (22.7 L) tank
Drive Train Continuously variable transmission (CVT)
Gear Selection Forward — Reverse
Steering Self -compensating rack and pinion
Service Brake Rear wheel mechanical self-adjusting drum
Parking Brake
Self -compensating, single point engagement
Cargo Box Width
(inside) 44.0 in (111.76 cm)
Cargo Box Length
(inside) 39.0 in (99.06 cm)
Cargo Box Depth
(inside) 12.0 in (30.48 cm)
Cargo Box Capacity
12 cu ft (0.34 cu m)
TIRES:
18 x 8.50 x 8, 6-ply rated standard ribbed tires.
21
VoBG-2017-22
ADDITIONAL EQUIPMENT: All of the utility vehicles (range pickers) are to be furnished with
the following:
a.) Headlights, with protective cover
b.) Reverse warning indicator
PERSONNEL CARRIER SPECIFICATIONS:
The Personnel Carriers furnished under this specification shall be Cushman, Model No. Shuttle 4
or Shuttle 6, or an approved equal, and shall come equipped with all of the standard and
additional equipment/accessories identified in the following specifications.
Frame
Welded steel with powder coating
Body & Finish
Injection -molded TPO
Standard Color
Manufacturers standard colors(all units will be the same color)
Power Source
4-Cycle, 24.5 ci (401cc) Low Emission
Valve Train
Single Cylinder OHV -
Horsepower (KW)
13.5 hp (10.1 kW) Exceeds SAE J1940 Std.
Electrical System
Starter/Generator. Solid State Reg.
Battery (Qty/Type)
One, 12V Maintenance Free
Cooling System
Air Cooled
Fuel Capacity
6 Gallon (22.7 L) Tank
Drive Train
Continuously Variable Transmission (CVT)
Transaxle
Differential w/ Helical Gears
Gear Selection
Forward — Reverse
Speed
16 mph +/- 0.5 mph (26 kph +/-0.8 kph)
Steering
Self -Compensating Rack & Pinion
Service Brake
Rear Wheel Mechanical, Self -Adjusting Drum
Parking Brake
Self -Compensating, Single -Point Engagement
Tires
Links 18 x 8.5 - 8 (4 Ply Rated)
22
VoBG-2017-22
Lighting The car will be equipped with headlights, taillights,
brake lights and a horn.
Seating The seating area is to be bench type to accommodate
operator plus three (3) passengers for the Shuttle 4 and
operator plus five (5) passengers for the Shuttle 6 with split or
full backrest, vinyl handgrip/hip restraints. The seats and
seat backs are to be upholstered in a tan or white vinyl.
The rear seat will be capable of flipping up for storage
access.
ADDITIONAL EQUIPMENT: All of the personnel carriers are to be furnished with the
following:
a.) Headlights, with protective cover
b.) Sun canopy top
c.) Reverse warning indicator
Delivery:
All long-term rental vehicles such as golf cars, personnel carriers or utility vehicles must be
delivered no later than February 1, 2018 or thirty (30) to forty five (45) calendar days after
notice of award of the contract. The equipment delivered will be new; no used equipment will
be accepted.
Manufacturer's Warranty:
The Contractor will be responsible for any and all repairs and service, parts and labor, to the
units under the original equipment manufacturer's warranty. The Village of Buffalo Grove will
not incur any cost associated with any warranty service provided by the Contractor. All warranty
repair and service work shall be performed at the sole expense of the Contractor.
Maintenance and Service:
It will be the responsibility of the contractor to include in the rental cost any and all cost
associated with the repair and maintenance of the vehicles. The response time for all services
requests will be within twenty-four (24) hours of notification from a representative of the Golf
Department. If upon inspection of the failed equipment it is determined by the Contractor's
23
Vo BG-2017-22
service technician that the repair will take in excess of twenty—four (24) hours to complete, then
the Contractor will be required to provide a loaner golf car, personnel carrier or utility vehicle to
the Golf Department facility at no additional cost. The loaner equipment must be delivered to
the Golf facility within twenty-four (24) business hours. The Golf Department will be responsible
to fix or replace flat and/or damaged tires as needed and maintain battery fluid levels.
The Contractor shall maintain an adequate fleet of electric golf cars, personnel carriers and
utility vehicles in its inventory along with a local repair facility with qualified and trained service
technicians to diagnose and complete repairs to the vehicles when needed to fulfill the
requirements of the Village's Golf Department as well as other Village department's
requirements.
When rental equipment is removed from a Golf Department facility to be taken to the
Contractor's repair facility, the Contractor shall provide, at no additional expense to the Village,
a service report when any rental equipment is removed and/or returned to the premises. This
form shall contain, at a minimum, the following information:
Location Date and time Unit is Removed or Delivered, Equipment Model No. and Serial No.,
Estimate Time repair will take once removed, Signature and employee number of department
person authorizing repair delivery and/or removal of equipment.
One copy of the form will be provided to the Golf Director for their records.
The Contractor shall provide services to the equipment using competent, trained service
technicians. All of the Contractor's service technicians that will be dispatched to facilities to
evaluate and/or repair failed equipment must be able to speak, understand, read and write the
English language. All parts used in the repair of the equipment shall be new or rebuilt and be
that of the original equipment manufacturer or those recommended by the O.E.M. Failure to
comply with this provision shall be just cause for termination. Any parts rejected by the Village
shall be replaced with new parts at no additional expense to the Village. All parts used whether
they are new or rebuilt, shall carry the standard manufacturer's warranty.
The Contractor shall be staffed with qualified service technicians and shall have the ability to
provide repair and maintenance services seven r" days peF week five (5) days per week
(Monday - Friday).
The Contractor shall also designate one (1) of its employees to act as the contract coordinator.
This coordinator will be the Contractor's person that the Village would contact to resolve any
disputes, discuss problems and/or obtain information.
The Contractor shall provide a keyed override to limit speed.
The Village will not be held responsible for maintenance that was not performed by the
Contractor as required in the scope of services.
24
VoBG-2017-22
Equipment Theft or Vandalism:
The Village shall provide the Contractor a written Police report upon theft of vehicles. The
Contractor shall provide a replacement cost within ten (10) calendar days after receipt of Police
report. The Contractor shall not charge a monthly rental rate once notification with Police
report is received and shall resume monthly rental once new unit(s) has been replaced. The
replacement shall not exceed 10% above the manufacturer's invoice price.
Training:
The Contractor shall provide on -site training for designated for Village maintenance personnel
on the proper preventative maintenance and operational requirements of the equipment if
requested. The requests for training will be submitted to the Contractor in writing by the Golf
Director or authorized representative. The On -site training will include basic training on
preventative maintenance and routine maintenance checks to ensure optimal continued
operation of the equipment.
The Village will be responsible for performing the following preventative maintenance checks:
TIRES: Check tires on a daily basis for leaks or damage.
BATTERIES: Check battery water levels on a monthly basis.
OTHER: Check suspension, brakes, unusual noises on a weekly basis.
25
VoBG-2017-22
Payment:
The Contractor shall specify model number, vehicle location and serial number(s) for each
vehicle on each invoice.
The Contractor acknowledges that the Village is a unit of local government and that all
payments under the Contract are subject to the Local Government Prompt Payment Act, 50 ILCS
505 et seq. To that extent, the Village shall have forty-five (45) calendar days from receipt of a
bill or invoice to pay the same before it is considered late under the Contract. Interest, if any,
charged for any late payments will be subject to the interest rate caps specified in the Prompt
Payment Act.
Short Term Rentals (Evens:
The Village shall provide a minimum of thirty (30) calendar days written notification to the
Contractor for rental of golf cars, personnel carriers and utility vehicles for short term and
special event rentals.
The Fental equipment will H„ nne neld- ,r+han two .., aFs „ 1a, The Contractor will make every effort
to provide rentals that are less than two (2) years old. Rentals will be in good working order and
appearance upon delivery to the Village. The color of the units can be the standard
manufacturer's color(s).
The Contractor will be responsible for transporting the rental equipment to and from the site
the equipment will be used at and also providing any maintenance or repairs as needed during
the rental period.
Additions & Deletions:
The Village Purchasing Manager, or the Director of the Golf Department, may by means of a
written authorization to Contractor may add or delete golf cars, personnel carriers or utility
vehicles to this Contract. Written notification shall take effect upon the Contractor's receipt of
such notice or on such other day as specified therein. As of the effective date, each item added
or deleted shall be subject to this Contract, as if it had originally been a part. The contractor is
not to add or remove rental equipment without prior receipt of written authorization from the
Director of the Golf Department, or the Village Purchasing Manager. In the event the additional
equipment, locations and/or service is not identical to any item already under contract, the
charges therefore will then be the Contractor's normal and customary charges or rates for the
equipment, locations and/or services classified in the fee schedule.
26
VoBG-2017-22
Estimated Quantities Not Guaranteed:
The estimated quantities specified herein are not a guarantee of actual quantities, as the Village
does not guarantee any particular quantity of golf car leasing services during the term of this
contract. The quantities may vary depending upon the actual needs of the user Department. The
quantities specified herein are good faith estimates of usage during the term of this contract.
Therefore, the Village shall not be liable for any contractual agreements/obligations the
Contractor enters into based on the Village purchasing/requiring all the quantities specified
herein.
Warranty of Services:
Definitions: "Acceptance" as used in this clause, means the act of an authorized
representative of the Village by which the Village assumes for itself, approval of specific services
as partial or complete performance of the contract.
"Correction" as used in this clause, means the elimination of a defect.
a) Notwithstanding inspection and acceptance by the Village or any provision concerning
the conclusiveness thereof, the Contractor warrants that all services performed under this
contract will, at the time of acceptance, be free from defects in workmanship and conform to
the requirements of this contract. The Village shall give written notice of any defect or
nonconformance to the Contractor within a one-year period from the date of acceptance by the
Village. This notice shall state either (1) that the Contractor shall correct or re -perform any
defective or non -conforming services at no additional cost to the Village, or (2) that the Village
does not require correction or re -performance.
b) If the Contractor is required to correct or re -perform, it shall be at no cost to the Village,
and any services corrected or re -performed by the Contractor shall be subject to this clause to
the same extent as work initially performed. If the Contractor fails or refuses to correct or re -
perform, the Village may, by contract or otherwise, correct or replace with similar services and
charge to the Contractor the cost occasioned to the Village thereby, or make an equitable
adjustment in the contract price.
Contractor agrees to maintain all cars in first class condition, rebuilding or replacing when
necessary throughout the term of the lease.
27
VoBG-2017-22
The Contractor shall maintain the entire fleet of cars in good working condition at all times. All
cars that are rendered out -of -condition as a result of poor mechanical or structural failure not
caused through normal use, shall be replaced by the Contractor if the "downtime" is longer than
24 hours and if the Village requests the replacement.
paFts as needed at no cost to the Village.
Contractor agrees to furnish service on cars, chargers and batteries and will supply all warranty
replacement parts as needed at no cost to the Village. All replacement parts needed, due to
damage or neglect, will be charged to the Village at a 30% Parts & Accessories Discount.
Any underperforming batteries will be tested and replaced according to manufacturer's
warranty specifications. Batteries that are found to have not been properly maintained (regular
watering/maintenance) will be exempt from this process.
The Contractor must maintain adequate liability insurance. See the "General Insurance
Requirements" section of this RFP. Contractor must carry worker's compensation insurance, if
applicable, in the amount required by law and provide proof of insurance each calendar year.
Contractor may, at its discretion, insure golf cars for fire and theft.
A sample of the Contractor's lease agreement or contract, if required, must be submitted with
proposal, and will be considered in award evaluation.
28
VoBG-2017-22
GENERAL INSURANCE REQUIREMENTS
1. Contractor's Insurance
Contractor shall procure and maintain, for the duration of the Contract, insurance against claims
for injuries to persons or damages to property, which may arise from or in connection with the
performance of the work hereunder by the Contractor, his agents, representatives, employees or
subcontractors.
A. Minimum Scope of Insurance: Coverage shall be at least as broad as:
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village of
Buffalo Grove named as additional insured on a primary and non-contributory basis. This primary, non-
contributory additional insured coverage shall be confirmed through the following required policy
endorsements: ISO Additional Insured Endorsement CG 20 10 or CG 20 26 and CG 20 0104 13.
Insurance Services Office Commercial General Liability occurrence form CG 0001 with the Village
named as additional insured, on a form at least as broad as the ISO Additional Insured Endorsement CG
2010 and CG 2026
1. Insurance Service Office Business Auto Liability coverage form number CA 0001, Symbol 01 "Any Auto."
2. Workers' Compensation as required by the Labor Code of the State of Illinois and Employers' Liability
insurance.
B. Minimum Limits of Insurance: Contractor shall maintain limits no less than:
1. Commercial General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal
injury and property damage. The general aggregate shall be twice the required occurrence limit. Minimum
General Aggregate shall be no less than $2,000,000 or a project/contract specific aggregate of
$1,000,000.
2. Business Automobile Liability: $1,000,000 combined single limit per accident for bodily injury and
property damage.
3. Workers' Compensation and Employers' Liability: Workers' Compensation coverage with statutory limits
and Employers' Liability limits of $500,000 per accident.
C. Deductibles and Self -Insured Retentions
Contractor has disclosed it's specific deductibles/self retentions as follows.
1. Commercial General Liability: $5,000,000
2. Automobile Liability: $500,000
3. Workers' Compensation/Employer's Liability: $1,000,000
29
VoBG-2017-22
D. Other Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. General Liability and Automobile Liability Coverages:
The Village, its officials, agents, employees and volunteers are to be covered as insureds as respects:
liability arising out of activities performed by or on behalf of the Contractor; products and completed
operations of the Contractor; premises owned, leased or used by the Contractor; or automobiles owned,
leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the
scope of protection afforded to the Village, its officials, agents, employees and volunteers.
2. The Contractor's insurance coverage shall be primary and non-contributory as respects the Village, its
officials, agents, employees and volunteers. Any insurance or self-insurance maintained by the Village, its
officials, agents, employees and volunteers shall be excess of Contractor's insurance and shall not
contribute with it.
3. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the
Village, its officials, agents, employees and volunteers.
4. The Contractor's insurance shall contain a Severability of Interests/Cross Liability clause or language
stating that Contractor's insurance shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
S. If any commercial general liability insurance is being provided under an excess or umbrella liability policy
that does not "follow form," then the Contractor shall be required to name the Village, its officials,
employees, agents and volunteers as additional insureds
6. All general liability coverages shall be provided on an occurrence policy form. Claims -made general
liability policies will not be accepted.
7. The contractor and all subcontractors hereby agree to waive any limitation as to the amount of
contribution recoverable against them by the Village. This specifically includes any limitation imposed by
any state statute, regulation, or case law including any Workers' Compensation Act provision that applies
a limitation to the amount recoverable in contribution such as Kotecki v. Cyclops Welding
ra
VoBG-2017-22
E. All Coverages:
1) No Waiver. Under no circumstances shall the Village be deemed to have waived any of the insurance
requirements of this Contract by any act or omission, including, but not limited to:
a. Allowing work by Contractor or any subcontractor to start before receipt of
Certificates of Insurance and Additional Insured Endorsements.
b. Failure to examine, or to demand correction of any deficiency, of any
Certificate of Insurance and Additional Insured Endorsement received.
2) Each insurance policy required shall have the Village expressly endorsed onto the policy as a Cancellation Notice
Recipient. Should any of the policies be cancelled before the expiration date thereof, notice will be delivered in
accordance with the policy provisions.
F. Acceptability of Insurers
Insurance is to be placed with insurers with a Best's rating of no less than A-, VII and licensed to do
business in the State of Illinois.
G. Verification of Coverage
Contractor shall furnish the Village with certificates of insurance naming the Village, its officials, agents,
employees, and volunteers as additional insured's and with original endorsements, affecting coverage required
herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by
that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by
the Village before any work commences. The Village reserves the right to request full certified copies of the
insurance policies and endorsements.
H. Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish separate
certificates and endorsements for each subcontractor. All coverage's for subcontractors shall be subject to all of
the requirements stated herein.
I. Assumption of Liability
The contractor assumes liability for all injury to or death of any person or persons including employees of
the contractor, any subcontractor, any supplier or any other person and assumes liability for all damage to
property sustained by any person or persons occasioned by or in any way arising out of any work performed
pursuant to the Contract.
31
VoBG-2017-22
J. Workers' Compensation and Employers' Liability Coverage
The insurer shall agree to waive all rights of subrogation against the Village of Buffalo Grove, its officials,
employees, agents and volunteers for losses arising from work performed by Contractor for the municipality.
2. Indemnity/Hold Harmless Provision
A. To the fullest extent permitted by law, the Contractor hereby agrees to defend, indemnify and
hold harmless the Village, its officials, agents and employees against all injuries, deaths, loss, damages, claims,
patent claims, suits, liabilities, judgments, cost and expenses, which may in anywise accrue against the Village, its
officials, agents and employees arising in whole or in part or in consequence of the performance of this work by
the Contractor, its employees, or subcontractors, or which may in anywise result therefore, except that arising
out of the sole legal cause of the Village, its agents or employees, the Contractor shall, at its own expense,
appear, defend and pay all charges of attorneys and all costs and other expenses arising therefore or incurred in
connections therewith, and, if any judgment shall be rendered against the Village, its officials, agents and
employees in any such action, the Contractor shall, at its own expense, satisfy and discharge the same.
Contractor expressly understands and agrees that any performance bond or insurance policies required by this
contract, or otherwise provided by the Contractor, shall in no way limit the responsibility to indemnify, keep and
save harmless and defend the Village, its officials, agents and employees as herein provided.
B. Kotecki Waiver. In addition to the requirements set forth above, the Contractor (and any
subcontractor into whose subcontract this clause is incorporated) agrees to assume the entire liability for all
personal injury claims suffered by its own employees and waives any limitation of liability defense based upon the
Worker's Compensation Act and cases decided there under. Contractor agrees to indemnify and defend the
Village from and against all such loss, expense, damage or injury, including reasonable attorneys' fees, which the
Village may sustain as a result of personal injury claims by Contractor's employees, except to the extent those
claims arise as a result of the Village's own negligence.
32
VoBG-2017-22
VILLAGE OF BUFFALO GROVE PUBLIC CONTRACT STATEMENTS
The Village of Buffalo Grove is required to obtain certain information in the administration and awarding of public
contracts. The following Public Contract Statements shall be executed and notarized.
PUBLIC CONTRACT STATEMENTS
CERTIFICATION OF CONTRACTOR/CONTRACTOR
In order to complywith 720Illinois Compiled Statutes 5/33 E-1 et seq., the Village of Buffalo Grove requires the following certification be
acknowledged:
The below -signed Contractor/contractor hereby certifies that It is not barred from Bidding or supplying any goods, services or
construction let by the Village of Buffalo Grove with or without Bid, due to any violation of either Section 5/33 E-3 or 5/33 E-4 of
Article 33E, Public Contracts, of the Chapter 720 of the Illinois Compiled Statutes, as amended. This art relates to interference
with public contracting, Bid rigging and rotating, kickbacks, and Biding.
CERTIFICATION RELATIVE TO 65 ILCS 5/11-42.1.1
In orderto comply with 65 Illinois Complied Statutes 5/11-42.1.1, the Village of Buffalo Grove requires the following certification:
The undersigned Contractor does hereby swear and affirm that it is not delinquent in the payment of any tax administered by
the Illinois Department of Revenue unless it is contesting, in accordance with the procedures established by the appropriate
revenue Act, its liability for the tax or the amount of the tax. The undersigned further understands that making a false
statement herein: (1) is a Class A Misdemeanor, and (2) voids the contract and allows the Village to recover all amounts paid
to it under the contract.
CONFLICT OF INTEREST
The Village of Buffalo Grove Municipal Code requires the following verification relative to conflict of interest and compliance with
general ethics requirements of the Village:
The undersigned supplier hereby represents and warrants to the Village of Buffalo Grove as a term and condition of
acceptance of this {Proposal or purchase order) that none of the following Village Officials is either an officer or director of
supplier or owns five percent (5%) or more of the Supplier: the Village President, the members of the Village Board of
Trustees, the Village Clerk, the Village Treasurer, the members of the Zoning Board of Appeals and the Plan Commission, the
Village Manager and his Assistant or Assistants, or the heads of the various departments within the Village.
If the foregoing representation and warranty is inaccurate, state the name of the Village official who either Is an officer or
director of your business entity or owns five percent (S`Y) or more thereof:
(Official) Nt 01' _
Q,I.L'kIJ. �t /
Pri t N Co ra for/Col tractor/Supplier
Signature , J
i t✓2Rrro ►a . L l��'�
Title
Subscribed and Sworn to to before me this day of
M
Notary Expiration Date-q,�4m seal
A Pekoalfc State of tglnob
Explres 09119/2Q20
A Textron Company
Village of Buffalo Grove
Golf Cart Lease RFP VoBG-2017-22
Buffalo Grove Golf Course & Arboretum Golf Club
Table of Contents
Base Bid Variations, Exceptions or Alternatives........................................................................................3
Proposal Response Requirements
SectionI — Executive Summary ....................................................................................................................4-5
Section II — Projects/Services.......................................................................................................................4-5
SectionII, Question 1....................................................................................................................................6
Sectionll, Question 2...................................................................................................................................6
SectionII, Question 3....................................................................................................................................6-7
SectionII, Question 4....................................................................................................................................7
SectionIII — Company Profile.......................................................................................................................8
Section 11, Question 1 (Form Attached, See Pages 16-17).......................................................................4-5
Section11, Question 2a..................................................................................................................................8
SectionII, Question 2b..................................................................................................................................8-9
Section IV — Resumes and References.......................................................................................................10
SectionIV, Question 1..................................................................................................................................10-11
SectionIV, Question 2..................................................................................................................................12
SectionIV, Question 3..................................................................................................................................12
SectionIV, Question 4a................................................................................................................................13
SectionIV, Question 4b................................................................................................................................13
Section V—Qualifications and Experience................................................................................................14
SectionV, Question 1a.................................................................................................................................14
SectionV, Question 1b................................................................................................................................14
SectionVI — Disclosures...............................................................................................................................15
SectionVI, Question 1..................................................................................................................................15
SectionVI, Question 2..................................................................................................................................15
2
Base Bid Variations Exceptions or Alternatives
Page 9, Golf Cart Lease, General: Should and extension be requested, it would require new lease
documents to be completed. The extension pricing would be available at a maximum of a 2% year -over -
year increase from the existing vehicle selling price. Subject to interest rate fluctuation.
Page 11— Electric Cart, Gear Selection: Body -Mounted Forward -Neutral -Reverse
Page 13 — Range Picker, Engine: 24.5 cubic inch, 401cc, single cylinder
Page 14—Range Picker, Dimensions: Maximum overall length of 115"
Page 17 — Delivery: 30-45 day lead time, delivered no later than February 1, 2018
Page 18—Maintenance and Service, Line 3: 24 Business Hours
Page 18 — Maintenance and Service, Line 26 and 27: The Contractor shall be staffed with qualified
service technicians and shall have the ability to provide repair and maintenance services five (5) days per
week (Monday— Friday).
Page 19 — Equipment Theft of Vandalism, Line 1— 4: E-Z-GO/Textron, Inc. does not agree to this section
as it currently stands and asks that it be revised or removed from the final agreement.
Page 20 — Short Term Rentals (Event)s, Line 4-5: E-Z-GO/Textron will make every effort to provide
rentals that are less than two (2) years old, but cannot guarantee year model of cars in advance. Rentals
will be in good working order and appearance upon delivery to the club.
Page 22 — Warranty of Services, Line 5-6: E-Z-GO/Textron, Inc. does not agree to this section as it
currently stands and asks that it be revised or removed from the final agreement.
Page 22 — Warranty of Services, Line 7-8: Any underperforming batteries will be tested and replaced
according to manufacturer's warranty specifications. Batteries that are found to have not been properly
maintained (regular watering/maintenance) will be exempt from this process.
Page 23 — Deductibles and Self -insured Retentions: E-Z-GO/Textron, Inc. does not agree to this section
as it currently stands and asks that it be revised or removed from the final agreement. E-Z-GO/Textron,
Inc. does not disclose deductibles to third parties and cannot ask our insurer to reduce or eliminate
these at the request of the Village.
Proposal Response Requirements
Section 1— Executive Summary
Thank you for allowing us to be included in the process for the fleet and utilities at Arboretum Golf
Course and Buffalo Grove Golf Course. When making the fleet and utility decision, it is important to
look at all angles of the product offerings. The below and following proposal from E-Z-GO will meet
product specifications better than any other proposal submitted, through features such as a solid
front axle, automotive TPO finish and increased horsepower, setting the E-Z-GO TXT apart from it
competition.
In addition, E-Z-GO has been one of the leaders in fuel efficiency, with the use of its standard
Kawasaki FJ400 engine. As a result, competitive models have introduced new engines to the market
to better compete. An Electronic Fuel Injected engine may sound exciting, but with only a brief
history in the golf fleet market, its benefits have not been verified and risks not fully exposed. E-Z-
GO continues to use a carbureted engine because the Kawasaki FJ400 engine, with a hemispheric
combustion chamber, allows for more air and less fuel mixture to maximize the performance, along
with giving it incredible fuel efficiency. The other benefit of this system is that it is very easy to work
on and parts are inexpensive, cutting down on repair costs. When it comes to the electric golf cars,
the E-Z-GO TXT48 utilizes Trojan Batteries — one of the most trusted names in the industry - to
create the most efficient DC car in market. Combine those features with, what is considered to be a
best -in -class warranty, the E-Z-GO TXT should limit the Village's out of pocket exposure, when
compared against the competition.
Additionally, a golf car is much more than just its powertrain. The E-Z-GO TXT golf car has been the
best-selling golf car for the past 15 years for many reasons. The golf car frame is made from welded
steel with DuraShieldTM' powder coat and utilizes a solid front axle, which results in the most durable
golf car platform in the market. E-Z-GO also features an updated body style, as the TXT was
redesigned in 2014 to improve on its successful reputation, with changes that golfers notice,
including: more storage space, large bag well, larger seat backs, deeper cup holders and
repositioned ball holders.
However, to fully understand the value proposition of E-Z-GO, there is a need to understand our rich
history. Founded in 1954 in Augusta, GA, we are the only US -based golf car manufacturer and
employ over 4,300 full time employees. Owned by Textron, Inc., you have the backing of a $13.46,
Multi -Industry, Fortune 200 Company, that was built on the bedrock of brands and products
renowned progress and innovation.
Along with a strong history, E-Z-GO is also invested in servicing and maintaining its vehicles in the
Chicago/Northern Illinois market. E-Z-GO currently offers six (6) certified, factory -direct service
technicians covering the region. Headed up by our Regional Service Manager of 35 years, Robert
'Sparky' Voldan, our commitment to customer service and level of knowledge is unrivaled in the
market.
Lastly, as the Territory Sales Manager and day-to-day contact, I feel the need to also sell myself. I
have been in the territory for two years, but have been in the golf industry for over five and a
resident of the Chicagoland area my entire life. My time with the LPGA and a Golf Digest Top 100
4
Golf Course, not only taught me provide top quality service, but also to support my accounts when
additional needs are expressed.
Again, thank you for your consideration and I look forward to an opportunity to work together in
2018.
Section II — Projects/Services
1. E-Z-GO's approach to delivering the required equipment and services, as described in the Scope of
Services include, but are not limited to, building the cars to order and delivering the cars fully
assembled. Once the contract has been signed and cars ordered, E-Z-GO will begin to custom
manufacture the fleets for Arboretum Golf Club and Buffalo Grove Golf Course. In our commitment
to quality, cars are not taken from pre -built stock or existing inventory. Once assembled, cars will be
delivered to the respective courses, fully complete - no on -site assembly required.
As for the relationship management and service aspects, day-to-day conversations and solutions will
be provided by Brian Termini, Territory Sales Manager and Robert 'Sparky'Voldan, Service Manager.
Brian has several years in the golf industry and lives in Chicago, Illinois. Sparky has been in the
industry for over 35 years and leads of team of 6 Service Technicians based out of Lake Zurich. The
Service Technicians keep and inventory of approximately $7,000 in parts on their service vehicles
and can be rerouted from their daily tasks to efficiently repair issues. E-Z-GO's main objective in
service, is to be able to repair the cars on -site, without having to remove the vehicle. Ultimately, we
hope to be in and out of the course, without requiring more than a signature from the course staff.
2. Outside of custom building each fleet to order, E-Z-GO utilizes third -party equipment finance
partners that specialize in the golf market. These partners work with us to provide flexible finance
terms at the best possible market rates, ultimately allowing E-Z-GO to work with the Village to
adjust the lease terms and payment schedule to meet budgetary needs.
When it comes to innovative ideas for these specific fleets, E-Z-GO would specifically recommend
two areas to save money: tires and a Shuttle 2+2 in replacement of a Shuttle 4. By decreasing the
tire needs for the range picker to two (2) replacement tires, the Village would be able to decrease
the monthly per car amount from $503.97/$396.25 to $485.12/$381.83 (36 months and 48 months,
respectively). Traditionally, we have seen Range Picker tires lasting 5+ years and feel that needing
20 additional tires is an unnecessary up -front cost. If needed at a later date, tires can be ordered
through our Parts & Accessories Department. Should the Village of Buffalo Grove decide to choose
E-Z-GO as the vendor of choice for the 2018 cart and utility fleets, the Village would receive a 25%
Parts and Accessories Discount on all future orders.
Additionally, the Village has specified a Shuttle 4 in the RFP. However, in reading the description, it
seems that the Village is looking for a Shuttle 2+2. The main differences between the two can be
found at www.cushman.com!vehicles/ shuttletm-4, but ultimately the Shuttle 4 provides four (4)
forward facing seats with a permanent bed on the back. As for the Shuttle 2+2, it provides two (2)
forward facing seats and two (2) rear facing seats that flip to create a temporary bed. By switching
the two vehicles, the pricing would go from $473.55/$372.98 to $294.48/$236.00 (36 months and
48 months, respectively).
3. When it comes to service quality, as mentioned previously, our Service Manager, Robert'Sparky'
Voldan, has been in the industry for over 35 years. Our team of six (6) Service Technicians have a
cumulative experience of over 75 years working for E-Z-GO. The team has been trained out of our
Augusta offices and is constantly learning the new innovations within the industry. We realize that a
faulty product not only reflects poorly on us, but also on the facility itself, so both Sales and Service
are committed to making sure that our customers are proud of their fleet and utility vehicles and
have a great experience with them.
In addition to the product itself, 1 personally feel the quality of courses that we have proudly
representing E-Z-GO, is a testament of itself. We currently represent over 50% of the top 40 courses
in the 2017/2018 Golf Digest Top 100 Rankings and are partners with courses such as: Cypress Point
Club, Oakmont Country Club, Pebble Beach Golf Links, Sand Hills Golf Club, Seminole Golf Club,
Muirfield Village Golf Club, etc. On a local level, we represent such clubs as Bob O'Link Golf Club,
Biltmore Country Club, Barrington Hills Country Club, Onwentsia Club, Lakeshore Country Club, Park
Ridge Country Club and The Glen Club. Building personal connections with our customers allows us
to have an open line of communication and respond to needs more efficiently.
4. Project Schedule
Task:
Selection of Finalist
Intent to Award
Award of Agreement
Notice to Proceed
Order of Fleet & Utility Vehicles
Preparation of Lease Documents
Review of Lease Documents
Signature of Completed Lease Documents
Vehicles Leave Augusta*
Vehicles Delivered to Courses* _
Inspection and Acceptance of Vehicles*
Timeline:
November 13-14, 2017
November 21-22, 2017
December 4, 2017
December 6, 2017
December 6, 2017
December 6, 2017
December 8, 2018
December 15, 2017
January 22-26, 2018
January 22-26, 2018
January 22-26, 2018
*Dates subject to change based on actual production and delivery schedule. Delivery
not guaranteed as weather or production factors may adjust timing. Vehicle delivery
guaranteed by February 1, 2018.
7
Section III — Company Profile
1. Profile and qualifications Form (see end of Proposal Response Requirement pages)
2a. As previously mentioned, E-Z-GO was founded in 1954 in Augusta, Georgia. The company's
headquarters remains there today and employs over 4,300 full time employees across a 1.35M
square foot campus. We currently sell over 50 different models across our B213 and consumer
markets.
In addition to our US based history, we were the first company to receive the Shingo Prize for
Operational Excellence at the Enterprise Level. We were also named one of the Top 10 plants in
North America in 2009 by Industry Week Magazine. These awards, along with the backing of a
Fortune 200 company should provide the Village with peace of mind in knowing that the fleets of
golf cars were quality -built and manufactured in a financially responsible timeframe. Our
shareholders expect financial success from Textron, Inc. and specifically E-Z-GO, to deliver our
vehicles on time and in a manner that only increases the value of their investment.
2b. Sustainability at E-Z-GO is more than just a catch phrase. To us, it is a way of life. We know that the
natural resources we operate in are the same natural resources in which the future generations will
live. We believe in our current sustainability efforts have been successful. We cycle water, build
recyclable cars, and continuously recycle many types of material.
In an effort to commit to sustainability, E-Z-GO is proud to be the industries first ISO 14001 certified
organization. Simply stated, this says that we have established a culture where our team members
are committed to sustainability and the prevention of pollution. Our expectation can be summed up
in two words — continuous improvement. In 2010, Textron launched its Vision 20/15 Sustainability
Goals — an aggressive five-year program to reduce energy use, greenhouse gas emissions and waste
20 percent by the year 2015. In terms of energy usage, E-Z-GO Division of Textron Inc continues to
decrease energy consumption. In 2010, we were using approximately 115 thousand mmBTUs (one
million British thermal units). Since then, we have brought our usage down to 100 thousand
mmBTUs. This data represents our electric, gas, propane, and oil consumption.
E-Z-GO Division of Textron Inc recycles many types of material. We recycle all metals including
engine components, tire rims, steel drums, vehicle frames, dyes, and laser etched steel dust. We
also recycle plastics like cowls, plastic totes and drums, plastic packaging film, plastic punch outs
from various processes, bottles, and shrink wrap. Outside of plastics and metals, we also recycle
cardboard, paper, oil, batteries, aluminum cans, books, and pallets. Last year, we recycled six million
pounds of material.
Regarding products, E-Z-GO offers a patented and exclusive AC drive train for RXV electric vehicles
that increases energy efficiency as much as 25 percent. This past year we also introduced a solar
panel option that will offset nearly 100 pounds of carbon dioxide emissions per vehicle? Our gas
vehicles also have an average of over 30 miles -per -gallon fuel economy. But it doesn't just stop with
our innovative products; at the 750,000 square foot manufacturing facility in Augusta, Georgia we
reduced our energy consumption by 28% in 2014. In March of 2012 we achieved an amazing 90%
waste diversion with a long-term goal of zero landfill. We can accomplish this by reducing,
eliminating and finding other uses of our waste streams. As an example, E-Z-GO has re -engineered
our paint process using a greener process that eliminates three chemicals from our facility, reduced
water consumption 30% and reduced our sludge generation by 25%. This process also enhanced the
P
quality of paint our customers receive. We have incorporated this methodology into the design and
sourcing.
Approximately 40% of the components used in the manufacture of our vehicles are derived from
recycled materials (such as metal and plastic). We also believe it is important to maintain a safe and
healthy sustainability within the products we make. You could recycle 95% of an E-Z-GO golf car. The
only portion of the car that is not recyclable is the seat.
We believe we are currently maintaining safe and healthy sustainability efforts. However, we would
like to continuously improve our efforts. Our 2015 sustainability goal was to reduce utility cost by
5%--which will ultimately decrease our natural resource consumption.
We also take our sustainability to another level by reaching out and helping other businesses in their
sustainability efforts. As the saying goes "A rising tide lifts all boats." By utilizing the kaizen
methodology on sustainability we are able to leverage the knowledge and expertise from within our
organization. Through these kaizens we have had the pleasure to help many companies in their
sustainability efforts: Bell, Cessna, Kautex, Jacobsen, Greenlee, Delphi and Curtis Instruments.
Section IV — Resumes and References
1. Key Contractor Personnel
a. Brian Termini —Territory Sales Manager
Brian Termini is currently the Chicago/Northern Illinois Territory Sales Manager for
Textron Golf. Representing the brands of E-Z-GO, Cushman and Textron Fleet
Management, he is directly responsible for sales into the golf channel, including country
clubs, public golf courses and resorts.
Before working at Textron Golf, Brian was Sales Manager for Seasons 52 Chicago, where
he oversaw day-to-day sales, group and event dining, local market activation and
grassroots marketing.
Previously, Brian was the Director of Operations and Private Event Director at
ClubCorp's, The Mid -America Club. Located on the 80th floor of the Aon Center in the
East Loop of Chicago, The Mid -America Club is a private business and dining club for
Chicago's most influential leaders.
Formerly, as the Assistant Director of Sales & Marketing at Rich Harvest Farms, Brian
was directly responsible for all aspects of Sales & Marketing and Membership at the
perennial, Golf Digest America's 100 Greatest Golf Courses (#58, 2011/2012).
Professionally Media Trained by Ogilvy Public Relations.
Specialties:
1326 Sales, Business Development, Event Marketing and Management, Revenue
Generation and Relationship Management
10
b. Robert 'Spa rky' Voldan—Service Manger
HOW DID YOU GET STARTED WITH YOUR CAREER? WHAT LED YOU TO E-Z-GO®?
After high school, I went to vocational school to be a welder on the Alaskan Pipeline. My
plans changed and I worked on Earth Movers for Fiat -Allis, until I got an opportunity to
work for E-Z-GO in welding. I really like to work hands-on, so I began doing mechanical
work with the products. I have a passion for learning, so I took advantage of any
opportunity to further my product knowledge. I have found that my passions lie in
working in service, so I was extremely excited to eventually become a Service Manager.
WHAT ARE YOUR BIGGEST RESPONSIBILITIES?
My biggest responsibility is to fully meet the customer's needs in a timely fashion. I
firmly believe that an unhappy customer is totally and completely unacceptable. I want
all of my customers to have a positive feeling about their experience with us.
I also am responsible for making sure that my team is expertly trained and properly
stocked with parts and tools. If my team or a customer needs something, whether it's a
tool, part, or information, I will get it to them anyway I can.
WHAT DOES SUCCESS LOOK LIKE FOR YOU? HOW DO YOU KNOW YOU'RE DOING
YOUR JOB WELL?
When someone says they're going to reinvest with E-Z-GO because of our service, it's a
great feeling. That's when I know we have truly been successful. A big personal success
is when I leave a course and can shake hands with a customer and know they are happy
and feel taken care of. Service to us doesn't mean just working on vehicles, it means
educating our customers and being a true partner for them. That is key to both of our
successes. The product is excellent, but the service it receives is crucial. We're gifted
with great vehicles, but keeping them neat, clean and meeting each customer's
individual needs makes all the difference.
WHAT IS YOUR TEAM'S COMMITMENT TO THE CUSTOMER?
We are committed to making sure our customer is proud of their E-Z-GO and Cushman®
vehicles. We strive to ensure that each customer has a great experience with our
products and our technicians. I want all of our customers to know that when they see
our trucks and our team that they are going to be taken care of, treated fairly and with
respect.
WHAT IS THE TECHFORCE`" COMMITMENT?
Armed with extensive knowledge, experience and advanced training, TechForce is
driven to do whatever it takes to keep your vehicles running smoothly. A quick
response, dependable service and a no -excuses approach to business — that's what
TechForce is all about.
• Largest nationwide network of experienced technicians
• Factory -trained to maintain and service vehicles
• Industry -leading response time
• Mobile parts inventory
11
2. Organizational Chart
Sales
Brian Jones
National Sales Manager
Adam Harris
Regional Sales Manager
Brian Termini
Territory Sales Manager
3. References
Highlands of Elgin
Contact: Jim Vogt
Address: 875 Sports Way, Elgin, IL 60123
Phone Number: (847) 931-5950
Bridges of Poplar Creek
Contact: Brian Bechtold
Address: 1400 Poplar Creek Drive, Hoffman Estates, IL
Phone Number: (847) 884-0219
Chevy Chase Country Club
Contact: Jim Tourloukis
Address: 1000 N. Milwaukee, Wheeling, IL
Phone Number: (847) 465-2300
Villa Oliva Golf Course
Contact: Peter Pope
Address: 1401 W. Lake St., Bartlett, IL
Phone Number: (630) 289-1000
Onwentsia Club
Contact: Nick Papadakes
Address: 300 N. Green Bay Road, Lake Forest, IL
Phone Number: (847) 234-0120
Service
Kevin Groves
National Service Manager
Robert'Sparky' Voldan
Regional Sales Manager
Randy Nelson
Service Technician
12
4. Subcontractors
a. None — N/A
b. None — N/A
13
Section V — Qua!ifications and Experience
Related Experience
a. Highlands of Elgin — (74) TXT48 Golf Car
i. Contact: Jim Vogt / v_ogtt cilcit ofef in,org
ii. Address: 875 Sports Way, Elgin, IL 60123
iii. Phone Number: 847 931-5950
iv. Estimated Contract Value: $305,000
b. Bridges of Poplar_Creek — (86) TXT48 Golf Car, (2) Oasis Refresher, (2) 800G, (2) 800XG
i. Contact: Brian Bechtold / bbechtold@ unarks,wig
ii. Address: 1400 Poplar Creek Drive, Hoffman Estates, IL
iii, Phone Number: (8471 884-0219
iv. Estimated Contract Value: $393,000
c. Chevy Chase Country Club— (80) TXT48 Golf Car, (1) Oasis Refresher
i. Contact: Jim Tourloukis/Ltourioukisra)wheelingparkdistrict.com
ii. Address: 1000 N. Milwaukee, Wheeling, IL
iii. Phone Number: (847) 465-2300
iv. Estimated Contract Value: $432,000
d. Villa Oliva Golf Course — (20) TXT-G Golf Car
i. Contact: Peter Pope / ppoLeffl bar tlet t�)arks,arp,
ii. Address: 1401 W. Lake St., Bartlett, IL
iii. Phone Number: (630) 289-1000
iv. Estimated Contract Value: $77,000
e. Atwood Homestead — (50) TXT-G Golf Car
L Contact: Mike Holan / mholan@winnebaj;oforest.org
ii. Address: 5500 Northrock Drive, Rockford, IL
iii. Phone Number: (815) 877-6100
iv. Estimated Contract Value: $190,000
f. Forest Preserves of Cook County — (290) TXT-G Golf Car
i. Contact: Brian Dober / bclober@billytaspergalf.cam
ii. Address: 13100 S. Halsted St. Riverdale, IL
iii. Phone Number: (708) 849-1731
iv. Estimated Contract Value: $1,015,000
14
Section VI — Disclosures
1. Financial Disclosure — Profit & Loss Statements for E-Z-GO, a Division of Textron, Inc., can be found
at https://iiivestor.textron.coin/iiivcstors/default.aspx. Click Investors along the top header, then
click Financial Reports to select the most pertinent report for the Village's needs.
2. Pending Litigation
a. Textron Inc. is an international corporation with varied world-wide operations, having
products in areas including the aviation, defense, aerospace and finance sectors, so it
would be difficult to identify all possible lawsuits, arbitrations and regulatory filings
involving Textron Inc. entities for even the past few years. If this inquiry is directed only
to E-Z-GO Division, the Textron Inc. E-Z-GO Division can respond that it is not involved,
and has not been a party, in any criminal proceedings or pending criminal
investigations. The Textron Inc. E-Z-GO Division also has not in the past 5 years had any
adverse Equal Employment Opportunity or other negative regulatory determinations;
and the Textron Inc. E-Z-GO Division is not, and has not been, a party in any material
commercial lawsuits or arbitrations. If additional information is required, it would be
helpful to E-Z-GO's response to know the types of lawsuits/arbitration/regulatory filings
of interest. If the request can be limited to lawsuits and arbitrations over the past five
years for E-Z-GO commercial business and golf course cases and claims, then the E-Z-GO
will provide a complete response within the next fifteen business days.
15
VoBG-2017-22
PROFILE AND QUALIFICATIONS FORM
Each Contractor is required to fully answer all questions in each category listed below
All questions must be addressed by the Contractor in order for this application form to be properly completed.
Failure to answer any question, or comply with any directive contained in this form may be used by the Village as
grounds to find the Contractor ineligible. If a question or directive does not pertain to your firm in any way, please
indicate with the symbol N/A.
1. Firm Name - QO Z. (fkkt KA �KLe
Business Address 1491 R --1 62.i t-t!(
City -04%)fj State e7A,
County ` t C-4-k"Crt-1L> Zip Code 3090b
2. Names and Titles of Two Contact People
A) [ IAV j Phone (94-7_) %2 - $3'?,3
B) r A2 of PhoneT _
3. Submittal is for:
E Z- E7O
Parent Company (list any Division or Branch Offices to be involved in this project)
-75-XT ZOIJ , I ,I C .
Division (attach separate list if more than one is to be included)
E -Z - E70
Subsidiary
NAIA
Branch office
A/
T
29
VoBG-2017-22
4. Type of Firm:
XCorporation
o Partnership
o Sole Ownership
o Joint Venture
o Other
5. Federal Employer Identification Number C9 " 03(S-4LZ
6. Year Firm was established 1954
7. Name and Address of Parent Company: (if applicable)�Xi�iZot�i , IhWC.
4 Wesf-W-JS-�
8. Acknowledgement of receipt of Addenda(s) i 2„ (list each addendum
number)
Attach each signed addendum, if any, to the Proposal Packet as part of your submittal.
Date L D/9 /1 7
(Sign here) By
(Print Name)111t�1 1Ltl`l 1
��E M-1 Ur&'T;1r.vrA
a
Finance Department
Fifty Raupp Blvd.
Buffalo Grove, IL 60089-2198
Phone 847-459-2525
Fax 847-459-7906
Golf Cart Lease
ADDENDUM #1
TO: Prospective Bidders and Other Interested Parties
FROM: Village of Buffalo Grove Finance Department
ISSUE DATE: September 25, 2017
SUBJECT: ADDENDUM #1
Note: This Addendum is hereby declared a part of the original proposal documents
and in case of conIIict, the provisions in the following Addendum shall
govern.
The following changes and clarifications shall be made to the Bid Documents for the Golf Cart
Lease project.
Q1: The Estimated Quantities in the Schedule of Prices do not match the Quantities shown on
page 9 of the RFP, which is correct?
Al: The Estimated Quantities listed in the Schedule of Prices is correct. See attached
revised page 9 Scope of Services.
Q2: Can I propose gas carts for the Arboretum Golf Course?
A2: No, the Village may consider this at a later date, however in order to compare all
proposals equally and fairly, please provide information and pricing on the requested
items.
Q3: Why did the village use EZGO TXT specifications and not just use generic golf car specs as
many municipalities have done in recent bids?
A3: The Village chose to use a brand name (or equivalent) specification method for this
procurement. As noted in the RFP, the Village is open to, and will accept an
approved equal brand of cart. Please provide specifications for each brand of cart you
are proposing.
Q4: on page 10 — second paragraph "a new fleet of golf carts, personnel carriers and utility
vehicles -vvill be provided for the three year or 4 year lease terms every three (3) years of the
contract term." I'm not sure I understand that considering the village is only requesting a
proposal for 3 or 4 years
A4: For the duration of the lease, new carts shall be provided every three years. To be
clear, if the Village were to enter into a contract the carts would remain the same for
the 2018, 2019, and 2020 seasons. The carts would be replaced for the 2021 season.
Please also note the revised lease extension language on page 9.(attached)
Q5: Both the Arboretum and Buffalo Grove courses are each to receive a range picker, utility
car, 4 passenger and a 6 passenger car along with their respective fleet cars?
AS: Please provide pricing based upon the Estimated Quantities shown in the Schedule
of prices.
PROSPECTIVE BIDDERS ARE TO ACKNOWLEDGE RECEIPT OF ADDENDUM #1 BY
INCLUDING THIS ADDENDUM IN YOUR PROPOSAL.
PROS III :CI'IV BID1)1A L f77[716XTQJ61l, (tq-
SIGNED: DATE: d
SCOPE OF SERVICES
OVERVIEW
GOLF CART LEASE
VoBG-2017-22
GENERAL:
The Village of Buffalo Grove ("Village") is seeking proposals from qualified Contractors to provide leased
golf carts at the Village of Buffalo Grove Golf Course located at 48 Raupp Blvd., Buffalo Grove IL 60089
and the Arboretum Golf Course located at 401 Half Day Road Buffalo Grove, IL 60089. The following list
of conditions and requirements should be included in the Request for Proposal package. In addition,
these conditions and requirements shall also be a part of the final lease agreement:
The Contractor will provide long and short-term rental of golf carts, personnel carriers and utility
vehicles, electric and gasoline powered, to be used at various department facilities. The services to be
provided by the successful contractor include, but are not limited to, furnishing of rental golf cars,
personnel carriers, and utility vehicles, electric and gasoline powered, on a long and short term basis,
provide all repairs, warranty and/or non -warranty, to include all parts and labor to effect the repairs and
transportation of the unit to and from the repair facility.
The Contractor shall provide, for demonstration purposes only, one gas golf cart and one electric golf
cart to the Village upon notification of selection as a finalist during the review portion of this RFP.
The Village will consider two lease options:
Three (3) year lease commencing on February 1, 2018 and ending January 31, 2021 with two (2)
possible three (3) year extensions;
Four (4) year lease commencing on February 1, 2018 and ending January 31, 2022 with two (2)
possible four (4) year extensions;
The Contractor shall submit their proposal on a fixed rate per cart basis for both the three and four year
lease.
Contractor agrees to furnish the Village sixty five (65) new two passenger, four wheel gas golf carts to be
delivered to the Buffalo Grove Golf Course no later than February 1, 2018 and eighty (80) new two
passenger, four wheel electric golf carts with chargers to be delivered to the Arboretum Golf Club no
later than February 1, 2018.
VoBG-2017-22
Finance Department
Fifty Raupp Blvd,
Buffalo Grove, IL 600S9-2163
Phone 847-459-2525
Fax 647 459-7906
Golf Cart Lease
ADDENDUM #2
TO: Prospective Bidders and Other Interested Parties
FROM: Village of Buffalo Grove Finance Department
ISSUE DATE: October 2, 2017
SUBJECT: ADDENDUM #2
Note: This Addendum is hereby declared a part of the original proposal documents
and in case of conflict, the provisions in the following Addendum shall
govern.
The following changes and clarifications shall be made to the Bid Documents for the Golf Cart
Lease project.
Q1: Your specs for both the gas and electric cars do not include the weather/Club Protector.
Should a club protector be added to the fleet cars?
Al: Yes, please add rain protectors on both the electric and gas carts.
PROSPECTIVE BIDDERS ARE TO ACKNOWLEDGE RECEIPT OF ADDENDUM #1 BY
INCLUDING THIS ADDENDUM IN YOUR PROPOSAL.
1'ROSI'1?C['IV B[DD t: 72Dn1 ►JG
SIGNED: DATE: tl