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HomeMy WebLinkAboutTHUNDER MOUNTAIN HARLEY - CONTRACT - CONTRACT - MISC AGREEMENT POLICE MOTORCYCLESTHUNDER MOUNTAIN HARLEY-DAVIDSON 4250 Byrd Road Loveland, CO 80538 970-493-3137 2006 RENTAL AGREEMENT FOR HARLEY-DAVIDSON POLICE MODELS This agreement made and entered into between THUNDER MOUNTAIN HARLEY-DAVIDSON, INC. of Loveland, CO designated as the Renter, and the City of Fort Collins, a Colorado municipal corporation, designated as the Rentee, for the purpose of renting to the Rentee five (5), HARLEY- DAVIDSON Police motorcycles under the following terms and conditions: EQUIPMENT Five (5) current model HARLEY-DAVIDSON MODEL FLHP-I ROAD KING Police solo motorcycles with the complete description provided on attached specification sheet (Exhibit A). 2. AGREEMENT TERM This agreement will be effective as of the date of execution, however, the terms of this agreement will commence as of the date of delivery of the aforesaid Police motorcycles for a period of 12 months. This agreement shall be for one year and may be renewed for a maximum of four additional years. Notice of annual renewal will be mailed to Renter at least 90 days prior to the end of the first year or any renewal year. If Rentee desires to cancel the agreement, renterwill be notified in writing 60 days prior to the end of the first year or any subsequent renewal year. Rentee may, by giving written notice to Renter 60 days prior to the end of the first year, increase or decrease the number of motorcycles. Thunder Mountain Harley Davidson, Inc. will fumish new motorcycle replacements each year. Any rental for motorcycles after the second year shall be negotiated separately from this agreement. Cancellation of this agreement must be done in writing and received 60 days prior to the end of the rental agreement. 3. PAYMENT PERIOD Rentee shall pay twelve (12) monthly payments in the amount of $99.00 per motorcycle. Payments shall be as follows: 1. On the 15th day of the month after actual delivery of each motorcycle; and 2. On the 15th of each and every month thereafter until all twelve (12) payments have been made for each motorcycle delivered, and continue until motorcycles are returned to Thunder Mountain Harley Davidson. All payments shall be made to the Renter at 4250 Byrd Drive, Loveland, Colorado 80538. If payments are mailed, they shall be posted in sufficient time to arrive on the 15th of the month. The payments include the cost of the equipment, payment of interest, and administrative cost. Monthly rental, per motorcycle, shall be payable by the Rentee to Renter on the 15th day of each month during the term of this Rental Agreement. 4. INSURANCE The Rentee, City of Fort Collins, is a municipal corporation and shall self -insure all motorcycles which are the subject matter of this rental agreement. Each motorcycle shall be self -insured for liability in the amount of $100,000/200,000 with respect to each incident the motorcycle may be involved in/with and self -insure for Casualty and Property Damage sufficient to protect the full value of the equipment and to protect the Renter from Liability in all events. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES Rentee shall indemnify and hold Renter harmless from and against any and all claims, losses, expenses, costs, judgments, and/or demands, including court costs and attorney's fees, suffered or incurred by the Renter, arising from any breach or default on the part of Rentee or any act of negligence of Rentee or Rentee's employees, to the extent permitted by law, subject to the procedural and other requirements of the Colorado Governmental ImmunityAct, and the Charterof the City of Fort Collins 6. LIENS The Rentee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the respective rights of the Renter as herein provided. 7. TAXES AND FEES The Rentee shall pay any necessary taxes or fees including but not limited to Sales and Use Tax, Excise Tax, Personal Property Tax, assessments, penalties, license fees, registration fees, freight and transportation charges, permits and any similar charges imposed on the ownership, possession or use of the Motorcycles during the term of this Agreement. 8. CARE AND USE OF EQUIPMENT The Rentee agrees to fully maintain each Motorcycle pursuant to the Manufacturer's Standard Preventative Maintenance Guidelines and/or Recommendations. Further, said motorcycles are covered by the manufacturers 12 month standard warranty; the Rentee shall have any and all benefits covered by said warranty. All repairs and preventive maintenance shall performed by THUNDER MOUNTAIN HARLEY-DAVIDSON, at regular intervals set up by the Renter in accordance with the Service Schedule. The Rentee will notify the Renter at least 24 hours in advance of scheduled service. The hentee shall protect the Motorcycles from deterioration other than normal wear and tear, shall use the Motorcycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or police required accessories or controls). Motorcycles rented under this agreement are to be used for Police and related activities and off -duty details, funeral escorts, and parades only. However, Rentee must obtain prior permission to use any subject motorcycle in a rodeo. Riders assigned by Fort Collins Police Services may use the motorcycles for transportation to and from work for a distance of up to thirty (30) miles each way provided Police Services maintains the requisite insurance for such use. The Renter, shall have the right, during regular business hours, upon prior 24 hour notification to the Fleet Manager of the police motorcycles, to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Renter's interest, and the Rentee shall afford Renter of reasonable opportunity to do so. 9. DAMAGE OR DETERIORATION OF MOTORCYCLES In the event the Motorcycles are partially damaged due to the actions of the Rentee or its employees prior to the end of this Rental Agreement, the Rentee will promptly have the Motorcycles repaired and restored to their original condition and working order. Any damage done to Rental motorcycles during the officers training as a result of accident abuse or negligence, will be repaired as soon as the training is completed at Rentee's expense. This includes damage done to engine, transmission, clutch, brakes and notjust paint and body parts. All repairs must be done at Renter's or Rentee's repair facilities. Should the Renter find that a certain police rider is abusing or has shown a pattern of negligence with the handling of the motorcycle, Renter shall notify the representative in charge of Fleet Management of the motorcycles, in writing detailing the acts of abuse and or pattern of negligence; if said acts continue after notification, further acts shall constitute a material breach of this agreement as to the Rent of said motorcycle and this agreement may be terminated as to that specific motorcycle by the Renter upon written notice. In case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be current MSRP less the salvage value of the motorcycle. 10. ONE DESIGNATED RIDER One police rider shall be designated for each motorcycle. 11. RIDER RESPONSIBILITY AND PRIVILEGES The police rider and Rentee will be responsible for keeping the motorcycle clean and reporting any defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to work provided that it is fully insured by the Rentee, City of Fort Collins, under its self-insurance program and the distance is no more that thirty (30) miles each way. 12. EVENTS OF DEFAULT AND REMEDIES Rentee shall be deemed to be in default hereunder upon the happening of any of the following events of default: A. Rentee shall fail to make any periodic payment, or to pay any payments required to be paid hereunder, or B. Rentee shall fail to keep any such other term or covenant contained herein. Upon the occurrence of any event of default as specified above, and Rentee shall fail to remedy such event of default within thirty (30) days, after written notification. Renter or its assigns shall have the right at its option without further demand or notice to pursue any of the following remedies, to wit: A. Any action at law or in equity as may appear necessary to collect the payments, or interest then due and thereafter to become due; B. Or to enforce performance and observance of any obligation, agreement or covenant of Rentee under this Agreement, or C. To terminate this agreement in part or whole and to retake the motorcycle(s). Rentee shall be deemed to be in default under this agreement upon failure to comply with any material term, covenant or condition contained herein. 13. MAINTENANCE AND EQUIPMENT Renter shall provide maintenance of the motorcycles at its regular shop rate to the Rentee. Renter shall not supply Rentee with gasoline, tires or radio. All regular maintenance shall be done by either the City of Fort Collins or THUNDER MOUNTAIN HARLEY- DAVIDSON, INC. 14. CONDITION WHEN RETURNED The Rentee is responsible for removing all police lights, siren and other added Police equipment. The motorcycles are to be returned in like new condition, with normal wear on clutch and tires. Tires to have no less then 40% tread left. All scratches in floor boards, engine guards, or skid have to be removed or replaced. All services have to be up-to-date. The City will be responsible for all costs or expenses incurred in bringing the motorcycles to the condition expressed above with no cost or expense accruing to the Renter. 15. SUBRENT OR ASSIGNMENT This rent may not be assigned by either the Renter or Rentee. Neither the Renter nor Rentee may effect the sub -renting of the motorcycles. 16. NON -APPROPRIATION OF FUNDS Rentee reasonably believes that it will have a need for the motorcycles for the duration of the original term and all renewal terms provided under this agreement and that funds will be available and appropriated to make all payments for all such terms. Rentee will seek funding each year as part of its budget process. If funds to continue the leasing of the motorcycles for any term are not legally available for such purpose, Rentee may terminate this agreement at the end of the calendar year during the original or renewal term then in effect, without penalty. Rentee will notify Renter at least thirty (30) days prior to the end of the calendar year if funds are not available for the payments required under this agreement by reason of non -appropriation or non - availability of funds as set forth above. In witness whereof, the parties hereto, have caused this Agreement to be executed as of this day of 2006. By: <�b 0 jQAE . By: Jai es .O'Neill II, CPPO forTHUNDER MOUNTAIN HARLEY-DAVIDSON, INC. Dire or of Purchasing and Risk Management Title: EXHIBIT A THUNDER MOUNTAIN HARLEY-DAVIDSON, INC. 2006 ROAD KING POLICE SPECIFICATIONS HARLEY-DAVIDSON POLICE SOLO MOTORCYCLE ENGINE BORE & STROKE CARBURETION COMPRESSION RATIO CLUTCH TRANSMISSION BRAKES DRIVE EXHAUST WHEELS TIRES ELECTRICAL FOUR STROKE AIR COOLED, 1450 cc/88 CID V OHV VIBRATION ISOLATED V-TWIN, BLACK & CHROME 3.75 X 4 FUEL INJECTED 8.91:1 SHALL BE OF THE LATEST MULTIPLE PLATE DESIGN REQUIRES CLUTCH DISENGAGED FOR STARTER OPERATION FIVE SPEED WITH HEEL -TOE SHIFT LEVER HYDRAULIC TWIN DISC -DUAL FRONT -SINGLE REAR DOUBLE ROLLER CHAIN -SELF LUBRICATED -FRONT GATES KEVLAR REINFORCED POLYCHAIN-REAR CHROME CROSSOVER DUAL MUFFLERS 16 INCH -TUBELESS -CAST ALLOY -BEAD RETENTION RIMS DUNLOP-BLACK-WALL-MT 90X16T FRONT & REAR 12 VOLT, 45 AMP, 445 WATTS, BATTERY 30 AMP/HR SPEEDOMETER DIGITAL CALIBRATED FOR POLICE WORK FUEL TANK FIVE GALLON TANK WITH .4 GALLON RESERVE, HAS LOCKING GAS COVER. OIL TANK CAPACITY 4.0 QUARTS SEAT DELUXE POLICE SOLO SADDLE WITH AIR SUSPENSION BACK SUPPORT DESIGN AND QUICK RELEASE MECHANISM LIGHTS HALOGEN HEADLIGHT WITH. FRONT PURSUIT LIGHTS, ONE RED, ONE BLUE. WINDSHIELD WINDSHIELD ONLY, CLEAR, ADJUSTABLE COLOR BIRCH WHITE, BLACK ENAMELED POWDER COATED FRAME SADDLEBAGS WHITE FIBERGLASS WITH TOP SIDE OPENING WHEELBASE 62..9 INCHES SADDLE HEIGHT 26.9 INCHES DRY WEIGHT 725 POUNDS FRONT SUSPENSION TELESCOPIC FORK, AIR SUSPENSION WITH ANTI -DRIVE SYSTEM REAR SUSPENSION AIR ADJUSTABLE REAR SHOCKS LEAN ANGLE (per SE 11168) RIGHT 31 DEGREES LEFT 30 DEGREES STANDARD EQUIPMENT: FRONT & REAR CHROME SAFETY BARS CHROME STEEL FOOTBOARDS TWO TRUE IMAGE MIRRORS CHROME SADDLEBAGS GUARD SELF -CANCELING DIRECTIONAL SIGNALS HAZARD WARNING FLASHERS FUEL GAUGE TACHOMETER RADIO CARRIER INDICATOR LIGHTS ISOLATED ENGINE & TRANSMISSION RUNNING LIGHTS FRONT AND REAR BUMPERS ONE KEY KITS ALL LOCKS SIGHT GAUGE -BRAKE MASTER CYLINDER BATTERY CENTER MOUNTED OR SUCH SPECIFICATIONS AS CURRENT MODEL PROVIDES. POLICE EQUIPMENT: SIREN, STROBES, AND RADIO SHALL BE PURCHASED SEPARATELY BY THE DEPARTMENT AND SHALL BELONG TO THEM, BEING REMOVED FROM THE VEHICLES AT THE END OF THIS AGREEMENT AT RENTEE EXPENSE.