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HomeMy WebLinkAboutTHUNDER MOUNTAIN HARLEY DAVIDSON - CONTRACT - CONTRACT - POLICE MOTORCYCLESGCC'-{ OF q:�a7(' RENTAL AGREEMENT YEAR 2007 HARLEY-DAVIDSON POLICE MODEL MOTORCYCLES This Agreement made and entered into this day of z.,m , 2007 by and between Thunder Mountain Harley-Davidson, Inc. ("Thunder Mountain") and the City of Fort Collins (the "City") is to lease (5) model year 2007 FLHTP HARLEY-DAVIDSON POLICE MODEL MOTORCYCLES. Conditions and terms are as follows: 1. EQUIPMENT: Thunder Mountain will lease to the City five (5) new, model year 2007 FLHTPI HARLEY-DAVIDSON POLICE MODEL MOTORCYCLES (the "2007 Motorcycles") as described more specifically on the attached Exhibit A. Thunder Mountain will deliver the 2007 Motorcycles after receiving delivery from the Harley-Davidson Motor Company and after the required set up and pre delivery procedures have been fully completed. Delivery is anticipated, but not guaranteed, to occur in March of 2007. Thunder Mountain's inability or failure to deliver these motorcycles on or before the anticipated delivery date does not constitute cause for the City to terminate this Agreement. Manufacturer's Vehicle Identification Numbers will be attached as Exhibit B when those numbers are received by Thunder Mountain. 2. RENTAL PRICE: The City will make lease payments to Thunder Mountain in twelve (12) equal payments consisting of One Hundred Thirty Nine Dollars ($139.00) per motorcycle as follows: a. The first payment will be made within fifteen (15) days of the parties' execution of this Agreement. b. A second payment will be made on or before the fifteenth (15t') day of the first month following the month the City receives the 2007 Motorcycles. C. Subsequent payments will be made on or before the (15t') day of each successive month for ten (10) months. Payments will be made to 4250 Byrd Dr., Loveland, Colorado 80538 and posted or conveyed in such a manner that they will be received on or before the date they are due. 3. DURATION: This Agreement is binding as of the date of execution and extends up to and through a period terminating twelve (12) months subsequent to the City's initial possession of the 2007 Motorcycles. The parties may mutually agree in writing that the lease maybe extended. The City shall promptly return the 2007 Motorcycles to Thunder Mountain at the expiration of this Agreement. 1 4. USES: The 2007 Motorcycles will be used only for generally recognized police activities and for funeral escorts, parades, and other appropriate off -duty details. The City may not use the motorcycles for rodeo purposes absent Thunder Mountain's written consent. The 2007 Motorcycles may be used by assigned riders for transportation to and from their place of work for a distance of up to thirty (30) miles each way provided that the City maintains the requisite insurance. 5. INSURANCE: The City, at no cost to Thunder Mountain, will insure each of the motorcycles for its full retail value in regards to any casualty loss and, further, will maintain liability coverage that provides protection to Thunder Mountain of at least $100,000 per person and $200,000 per accident or incident. Proof of such insurance will be provided to Thunder Mountain upon request. 6. INDEMNIFICATION: To the extentpermitted by law, the City will, and does, indemnify and save harmless Thunder Mountain from any and all liability of any kind whatsoever that arises from the operation, maintenance, control, use, deliver, or return of the 2007 Motorcycles including, but not limited to, financial loss, personal injury, property damage, or death. If such indemnification shall in fact be realized, the City will be given credit for any amounts received by Thunder Mountain with regard to such liability whether. such amounts are provided by insurance or by other sources. The expenses and costs of indemnification, in addition to all other costs or expenses, will include the reimbursement of all reasonable attorney fees incurred by Thunder Mountain. Notwithstanding anything to the contrary that may be stated herein, the City does not waive those rights, immunities and protections provided it or its officers and employees by the Colorado Governmental Immunities Act cited more specifically as C.R.S. 23-10-101 et seq. 7. LIENS: The City will neither directly nor indirectly create nor incur any mortgage, pledge, lien, charge, claim, or other form of encumbrance that will affect the rights of Thunder Mountain in and to the 2007 Motorcycles. 4 8. TAXES AND FEES: Taxes or fees that arise concerning the use or rental of these motorcycles will be fully paid or satisfied by the City at no cost to Thunder Mountain. 9. CARE OF EQUIPMENT: The City will maintain the 2007 Motorcycles in accordance with the Harley- Davidson standard manufacturer recommendations stated on the service schedule attached as Exhibit C. The 2007 Motorcycles shall be clean and presentable as new at all such times as they may be on display to the public. 10. MANUFACTURER'S WARRANTIES: Each of the 2007 Motorcycles is covered by the standard Harley-Davidson Motor Company manufacturer's warranty, and the City shall have all benefits and protections accruing therefrom. Repairs to the motorcycles, whether these repairs be warranty or otherwise, will be performed by Thunder Mountain at its facilities located at Loveland, Colorado. Non warranty service or repairs shall be charged to the City at standard shop rates. The City will provide Thunder Mountain with a minimum of twenty-four (24) hours advance notice of its intent to have Thunder Mountain undertake repairs or service. Thunder Mountain maintains no obligation to arrange or rearrange its service schedule with its other customers to accommodate the needs of the City in the event the notice is not provided. Thunder Mountain may, in its sole discretion, agree to waive the 24 hour notice requirement under emergency conditions. The City will protect the motorcycles from accident or deterioration to the fullest extent possible commensurate with its intended use. Its failure to do so may constitute a material breach of this Agreement at the option of Thunder Mountain. The City may not make modifications, alterations, or additions to the 2007 Motorcycles without Thunder Mountain's written consent. Damage or deterioration due to a lack of care or neglect on the part of the City shall be corrected or cured at the City's expense. A lack of proper care for the motorcycles may constitute cause for termination of this Agreement at the option of Thunder Mountain. 11. ONE RIDER POLICY: The City will assign one rider, and on rider only, to each of the 2007 Motorcycles. 3 12. INSPECTION: Thunder Mountain maintains a right to enter onto the City premises during regular business hours for the purpose of inspecting the 2007 Motorcycles upon the provision of twenty-four (24) hours advance notice. 13. CONDITION ON RETURN: The 2007 Motorcycles shall be returned to Thunder Mountain in like new condition with all police lights, sirens, and/or other police equipment removed. Tires will have no less than forty percent (40%) remaining tread or they will be replaced with the cost of such replacement being born by the City. All required service will have been accomplished prior to the return of each of the motorcycles. The City will be responsible for all costs and expenses incurred in bringing the motorcycles to the condition described above with no expense to Thunder Mountain. 14. ASSIGNMENT: Neither party may assign this Agreement. Furthermore, the City may not sub -rent or loan out the 2007 Motorcycles to any other entity without first obtaining written consent from Thunder Mountain. Thunder Mountain may assign the Agreement with 30 days written notice to the City. 15. INTEGRATED AGREEMENT: This Agreement and the attached Exhibits constitutes the complete agreement of the parties and contains without exception all understandings and arrangements made by and between the parties and supersedes all prior agreements, understandings, warranties or promises between the parties, whether written, spoken or implied from the conduct of the parties. It may be amended or modified only through mutual assent expressed in writing and appropriately acknowledged. 16. DEFAULT AND REMEDY: A failure of payment or a material breach by the FCPS of any term or condition contained herein constitutes a default justifying termination of this Agreement and the subsequent retaking of its motorcycles at Thunder Mountain's option. Termination notwithstanding, Thunder Mountain shall have without limitation all other and further remedies that may be available to it in law or in equity so as to enable it to enforce the terms and conditions of this Agreement. The FCPS likewise will have without limitation all remedies that may be available to it in law or in equity so as to enable it to enforce the terms and conditions of this Agreement. No assent, whether express or implied, to any breach of any one or more of the terms or provisions of this Agreement shall be deemed to be a waiver of any succeeding or other breach. El 17. VENUE AND JURISDICTION: This Agreement will be construed in accord with the laws of the State of Colorado. Venue and personal jurisdiction, in the event of a proceeding in court, lies within Larimer County. Each party, by entering this Agreement, consents to a waiver of jurisdictional issues in the event that the potential for such ever should arise. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year written above. City of Fort Collins Jam 'Neill II, CPPO Director f Purchasing & Risk Management Thunder Mountai Harley-Davidson, Inc. By: Tod Erdmann President 5