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HomeMy WebLinkAboutTHUNDER MOUNTAIN HARLEY DAVIDSON - CONTRACT - CONTRACT - THUNDER MOUNTAIN HARLEY POLICE MOTORCYCLESRENTAL AGREEMENT YEAR 2008 HARLEY-DAVIDSON POLICE MODEL MOTORCYCLES This agreement made and entered into this = day of voo c` 2008 by and between Thunder Mountain Inc. (Thunder Mountain) and the CITY OF FORT COLLINS contemplates a one year arrangement whereby said police department will rent and take possession of THREE (3) model year 2008 FLHTP HARLEY- DAVIDSON POLICE MODEL MOTORCYCLES provided by 'Thunder Mountain. Conditions and terms are as follows: 1. EQUIPMENT: Thunder Mountain will lease to the CITY OF FORT COLLINS (3) new model year 2008 FLHTP I-IARLEY-DAVIDSON POLICE MODEL MOTORCYCLES. These motorcycles will be delivered upon their receipt by Thunder Mountain from the Harley- Davidson Motor Company after the required set up and pre delivery procedures have been fully completed. Delivery is anticipated, but not guaranteed, to occur in JUNEMULY of 2008. Thunder Mountain's inability or failure to deliver these motorcycles on or before the anticipated delivery date does not constitute cause to terminate this agreement. Manufacturer's Vehicle Identification Numbers will be attached as an exhibit A upon the receipt of such numbers by Thunder Mountain. 2. RENTAL PRICE: The CITY OF FORT COLLINS will make to Thunder Mountain twelve (12) equal payments consisting of one hundred fifty-nine dollars and no cents ($1.59.00) per motorcycle in accord with the following schedule: a. The first payment will be made within fifteen (15) days of the parties' execution of this instrument. b. A second payment will be made on or before the fifteenth (15') day of the first month following the month of the CITY OF FORT COLLINS initial receipt of the three (3) motorcycles. C. Further and subsequent payments will be made on or before the (15t) day of each successive month that falls under contemplation of this agreement. Payments will be made to 4250 Byrd Dr., Loveland, Colorado 80538 and shall be 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 OF FORT COLLINS initial possession of the three (3) motorcycles. Thunder Mountain will allow CITY OF FORT COLLINS to extend the lease until the 2009 units are delivered. All motorcycles shall be promptly returned to Thunder Mountain at the expiration of this period. 4. USES: Motorcycles rented under this agreement will be used only for generally recognized police activities and for funeral escorts, parades, and other appropriate off - duty details. The CITY OF FORT COLLINS may not use the motorcycles for rodeo purposes absent Thunder Mountain's written consent. Riders assigned by the CITY OF FORT COLLINS may use the motorcycles for transportation to and from their place of work for a distance of up to thirty (30) miles each way provided that the CITY OF FORT COLLINS maintains the requisite insurance for such use. 5. INSURANCE: The CITY OF FORT COLLINS, 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 extents permitted by law, the CITY OF FORT COLLINS will, and does, indemnify and save harmless Thunder Mountain from any and all liability of any kind whatsoever that arises from the renting, operation, maintenance, control, use, deliver, and/or return of the motorcycles including, but not limited to, that relating to financial loss, personal injury, property damage, and /or death. If such indemnification shall in fact be realized, the CITY OF FORT COLLINS 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 OF FORT COLLINS 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. 24-10-101 et seq. 7. LIENS: The CITY OF FORT COLLINS will not directly or indirectly create, incur, or assume any mortgage, pledge, lien, charge, claim, or other form of encumbrance that will affect the rights of Thunder Mountain in and to its motorcycles. 2 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 OF FORT COLLINS at no cost to Thunder Mountain. 9. CARE OF EQUIPMENT: The CITY OF FORT COLLINS will maintain each of the three (3) motorcycles in accord with the Harley-Davidson standard preventive maintenance contract and/or the recommendations stated on the service schedule attached as exhibit B. The 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 three (3) motorcycles is covered by the standard Harley-Davidson Motor Company manufacturer's warranty, and the CITY OF FORT COLLINS 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. Nonwarranty service or repairs shall be charged to the CITY OF FORT COLLINS at standard shop rates. The CITY OF FORT COLLINS will provide Thunder Mountain with a minimum of twenty-four (24) hours advance notice of its intent to return the motorcycles for repairs or service. Thunder Mountain maintains no obligation to arrange or rearrange its service schedule with its other customers so as to accommodate the needs of the CITY OF FORT COLLINS in the event such notice is not provided. This 24 hour notice requirement may be waived under emergency conditions at the option of Thunder Mountain. The CITY OF FORT COLLINS will protect the motorcycles from accident or deterioration to the fullest extent possible commensurate with its intended use. Its failure to do so constitutes a material breach of this agreement. No modifications, alterations, or additions will be made to the motorcycles without Thunder Mountain's consent expressed in writing. Damage or deterioration due to a lack of care or neglect on the part of the CITY OF FORT COLLINS shall be corrected or cured at the expense of the CITY OF FORT COLLINS and at no cost to Thunder Mountain. A lack of proper care for the motorcycles constitutes cause for termination of this agreement at the option of Thunder Mountain. 11. ONE RIDER POLICY: The CITY OF FORT COLLINS Police Services will assign one rider, and on E rider only, to each of the motorcycles. 3 12. INSPECTION: Thunder Mountain maintains a right to enter onto the CITY OF FORT COLLINS premises during regular business hours for the purpose of inspecting its motorcycles upon the provision of twenty-four (24) hours advance notice. 13. CONDITION ON RETURN: The 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 OF FORT COLLINS. All required service will have been accomplished prior to the return of each of the motorcycles. The CITY OF FORT COLLINS 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: This agreement may not be assigned by either party. The CITY OF FORT COLLINS may in no way sub -rent or loan out any of the three (3) motorcycles to any other entity or any kind whatsoever absent the consent of Thunder Mountain expressed in writing. 15. INTEGRATED AGREEMENT: This instrument constitutes an integrated agreement and contains without exception all understandings and arrangements made by and between 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 CITY OF FORT COLLINS 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 CITY OF FORT COLLINS likewise will have without limitation all remedies that may be available to it in taw 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. 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 0 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. As witness my signature attached hereto, I accept the terms of this agreement and certify that I have the appropriate authority to enter this agreement on behalf of my principal and to bind my principal accordingly. CITY OF FORT COLLINS By. Name Title Thunder Mountain Inc By: Todd Erdmann President Approved as to form: EXHIBIT A VIN 91- TO BE DETERMINED VIN #2 - TO BE DETERMINED VIN #3 - TO BE DETERMINED EXHIBIT C SERVICE SCHEDULE MONTHLY MAINTENANCE SCHEDULE TO BE DETERMINED BETWEEN THE CITY OF FORT COLLINS POLICE DEPARTMENT AND THUNDER MOUNTAIN HARLEY-DAVIDSON. THE UNITS NEED TO BE SERVICED AT THE FOLLOWING INTERVALS: 1000 MILES 2500 MILES 5000 MILES 7500 MILES 10000 MILES AND TO CONTINUE AT 2500 MILE INTERVALS.