ESBD_370892_1722872920102_04 - Lubbock Motorcycle Agreement.pdf

City of Lubbock, TX

Lease and Maintenance Agreement for Police Motorcycles

Motorcycle Lease Agreement

__________________________________ (referred to as “Lessor”) agrees to lease to the

City of Lubbock (referred to as “Lessee”) and Lessee agrees to lease from Lessor the motorcycles and equipment described in the attached Appendix A (referred to as leased property) under the following terms and conditions.

1. Lease Term

The term of this lease shall begin on the first day after delivery of the new bikes and continue for a period of sixty (60) consecutive months, with the exchange of motorcycles occurring on a 36 month period. The property leased under this agreement must be used solely for police and related law enforcement activities. Only one rider per motorcycle is permitted at one time.

2. Payment Period

Lessee shall pay to Lessor a monthly lease payment of $____ per motorcycle, with CPI annual increase not to exceed 5%. The first payment is due and payable at Lessor’s place of business, ________________________on the first day of March 2022 or the first day of month after delivery of the new motorcycles, whichever comes first and each subsequent payment will be due on the first day of each subsequent month during the term of the lease.

3. Insurance

Lessee shall maintain at its own expense insurance against casualty, bodily injury, property damage, and loss caused by or arising from the use and operation of the leased property. Coverage shall be pursuant to Resolution ______dated Month Day, 2024, Section IV, item E, “the City of Lubbock Liability Self Insurance Program”. Lessee also shall maintain insurance sufficient to reimburse Lessor for $25,000.00 as per Section 8 of this agreement. Certificates or other satisfactory evidence of insurance will be furnished to Lessor by Lessee upon execution of this lease.

4. Liens

Lessee shall not directly or indirectly create, incur, grant or cause to be attached any mortgage, pledge, lien, charge, encumbrance or claim on or with respect to the leased property without the Lessor’s prior written approval. Lessee shall immediately, at its own expense, take such action as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim if same shall arise at any time due to the

Lessee’s action or inaction.

5. Taxes and Fees

Lessee shall pay all appropriate taxes or fees or similar charges imposed by virtue of

Lessee’s ownership, possession or use of the leased property during the term of this agreement. This section shall not require Lessee to pay taxes, fees or charges from which

Lessee is exempt pursuant to its status as a municipal corporation.

6. Care and Use of Equipment

Lessee agrees to maintain at its own expense the leased property in accordance with the manufacturer’s standard preventive maintenance contract and /or recommendations if any. All repairs shall be made at, ______________________________________.

Lessee, at its own expense, shall deliver the leased property to

________________________ at regular Maintenance intervals set up by Lessor in accordance with the service schedule attached as Exhibit B. However, the repair and replacement of tires, regardless of reason, as well as purchase and use of gasoline and petroleum products will be the sole responsibility and expense of Lessee.

Lessee shall use reasonable care to protect the leased property from loss, theft, damage or deterioration, other than reasonable wear and tear. Lessee shall use the leased property for reasonable and customary police activities only, without abuse, and shall not make modifications, alterations of additions to the leased property without the written consent of Lessor, which shall not unreasonably be withheld.

Lessor shall have the right, immediately after notifying Lessee during regular business hours, to enter upon the premises where the leased property is located to inspect, observe or protect the Lessor’s interest. Lessee shall afford the Lessor reasonable opportunity to do so.

7. Damage or Deterioration of Property

In the event the leased property is damaged or destroyed by anyone, regardless of fault, while in the possession, custody or control of Lessee, the Lessee shall immediately have the leased property repaired and restored to its original condition, less reasonable wear and tear, at Lessee’s own expense.

In the case of theft or total loss of the leased property, Lessee shall immediately pay

Lessor the replacement value of the leased property, which shall be $25,000.00 each.

8. Rider Responsibility and Privileges

Lessee shall be responsible for keeping the motorcycles clean and shall immediately report any needed repairs to the Lessor. Lessee may allow riders to use the leased property to travel to and from work provided that the leased property is fully insured as herein required and that the distance to and from work is no more than 50 miles each way.

9. Events of Default and Remedies

Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events:

A. Lessee fails to make any periodic payment or fails to make any other payment required hereunder, or, B. Lessee breaches or fails to perform any term, covenant, condition or provision of this agreement.

Upon occurrence of any event of default as specified above, and should Lessee fail to remedy such event of default within a period of thirty (30) days after default occurs, Lessor shall have the right, after mailing written notice to Lessee of Lessor’s intent to pursue any of the following remedies:

1. To repossess the leased property, which includes the right to sell or lease the property for the account of the Lessee, or to hold the Lessee liable for all accrued and unsacred payments under the lease term. Lessor may, at its option, hold lessee responsible for the difference between payments payable under this agreement and the amount received, if any by Lessor for re-leasing property upon repossession. However, Lessor has no duty to re-lease property.

2. To initiate any action at law or in equity as may appear necessary in

Lessor’s sole discretion, or

3. To pursue and obtain any other remedy allowed in law or in equity.

Lessor shall be deemed to be in default under this agreement upon the happening of any of the following events:

1. Lessor fails to effect repairs to the leased property under Section 7 of this agreement within a reasonable time after delivery to Lessor.

2. Lessor breaches or fails to perform any term, covenant, condition or provision of this agreement.

Upon the occurrence of any event of default as specified in paragraphs 1 or 2 above, and should Lessee fail to remedy such event default within a reasonable time after default occurs, Lessee shall have the right, after mailing written notice to the Lessor, to cancel this agreement without incurring any further liability or obligations hereunder.

10. Termination

This agreement may be terminated by either party at the end of the third budget year of the Lessee during the term of the contract. Lessor, however, shall be entitled to all lease payments due or accrued to the date of such termination. Written notice of Lessee’s intent to terminate must be sent to the Lessor at Lessor’s business address at least thirty

(30) days before the agreement is terminated.

11. Maintenance and Equipment

Lessee shall furnish its own radios and all equipment necessary to operate said radios.

Maintenance and installation of said radios shall be the sole responsibility of Lessee.

12. Sub-Lease or Assignment

This agreement may not be assigned by either Lessor or Lessee. Neither Lessor nor

Lessee may effect the sub-leasing of the leased property

13. Purpose

Lessee represents, and Lessor expressly relies upon the representation in entering this contract, that the leased property is necessary to preserve or protect the public health and safety of Lubbock, Texas residents.

14. Ownership

The parties to this lease agree that ownership of the leased property shall remain, at all times, in the Lessor’s possession. This document represents a lease, not a lease-purchase agreement.

15. Invalidity Clause

Should any term, condition, or provision of this contract be deemed or held invalid for any reason, all other terms, conditions and provisions shall, nevertheless, remain fully enforceable. The entire contract shall not be rendered void.

16. Venue and Jurisdiction

This contract is performable in Lubbock County, Texas. Furthermore, the laws of Texas will control its interpretation and the resolution of all disputes arising under and related to it.

17. Entire Agreement

This contract constitutes the entire agreement between parties. Any prior or contemporaneous representations or promises are not binding unless expressly included herein. Furthermore, this agreement cannot be modified except in writing signed by both parties.

18. Non–Arbitration

The City reserves the right to exercise any right or remedy available to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control.

19. Non-Appropriation

All funds for payment by the City under this contract are subject to the availability of an annual appropriation for this purpose by the City. In the event of non-appropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the contract, the City will terminate the contract, without termination charge or other liability, on the last day of the then-current fiscal year or when the appropriation made for the then-current year for the goods or services covered by this contract is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this contract, cancellation shall be accepted by the Seller on 30 days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this contract beyond the date of termination.

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IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed the day and year first above written. Executed in triplicate.

CITY OF LUBBOCK CONTRACTOR

BY

Mark McBrayer, Mayor Authorized Representative

ATTEST: Print Name

Courtney Paz, City Secretary Address

APPROVED AS TO CONTENT: City, State, Zip Code

Seth Herman, Chief of Police

APPROVED AS TO FORM:

Jeff Hartsell, Deputy City Attorney

Exhibit B

Minimum Required Maintenance Schedule

Harley-Davidson FLHP

First Scheduled Maintenance…..1,000 Mile interval service

(Additional service at 5000 mile intervals as indicated)

5,000 Mile interval service

10.000 Mile interval service

15,000 Mile interval service

• Change engine oil and filter

• Inspect air cleaner and service as required

• At 1,000, 5,000, and 10,000 mile intervals: change primary chain case lubricant;

adjust primary chain; adjust clutch; change transmission lubricant and clean magnetic drain plugs.

• Check/adjust drive belt.

• Lube the foot shift/brake lever bearings

• Inspect brake pads and discs for wear

• Check brake fluid reservoir levels and condition

• Inspect oil lines and brake system for leaks

• Lubricate the following:

1. Front brake hand lever

2. Throttle control cables

3. Throttle

4. Clutch control cable and hand lever

5. Jiffy stand

• Inspect fuel lines and fittings for leaks

• Check/adjust tire pressure and inspect tread and state any safety concerns on RO

• Check battery and clean battery connections

• Check operation of all electrical equipment and switches

• Check air suspension-pressure, operation and leakage

• Check stabilizer links and engine mounts

• Check tightness of all critical fasteners:

1. Hand controls

2. Brake system

3. Axle nuts

4. Front fork components

5. Riser and handlebar fasteners

• Check engine idle speed adjustment

• Inspect spark plugs

• Change spark plugs (10,000 Mile)

• Lubricate hinges, latches, fuel door, tour pak and saddlebags

• Lubricate and adjust steering head bearings/as needed

• Repack fork bearings/as needed

• Road test

APPENDIX A

LEASED PROPERTY: