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HomeMy WebLinkAboutResolution - 2021-R0407 - Agreement with Wild West Harley-Davidson for 14 Police Motorcycles 10.12.21Resolution No. 2021-R0407 Item No. 7.20 October 12, 2021 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Lease and Maintenance Agreement for Police Motorcycles, per ITB 21-15797-KM, by and between the City of Lubbock and Wild West Harley-Davidson of Lubbock, Texas, and related documents. Said Agreement is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on October 12, 2021 DANIEL M. POPE, M3kYOR ATTEST: P-,-" / C Rebe ca Garza, City Secr APPROVED AS TO CONTENT: Mitchell, Chief of Police APPROVED AS TO FORM: M/ Assistant City Attorney vw:ccdocs/RES.Agrmt-Wild West Harley-Davidson October 6, 2021 Resolution No. 2021-R0407 Contract 15797 City of Lubbock, TX Lease and Maintenance Agreement for Police Motorcycles Motorcycle Lease Agreement Wild West Harley-Davidson (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 thirty-six (36) consecutive months. 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 $384 per motorcycle, with CPI annual increase not to exceed 5%. The first payment is due and payable at Lessor's place of business, Wild West Harley-Davidson, 5702 58111 St, Lubbock, TX 79424, 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 2672 dated October 22, 1987, 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 7 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. Motorcycle Agreement, City of Lubbock & -I- 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 Wild West Harley-Davidson, 5702 58th St, Lubbock, TX 79424. Lessee, at its own expense, shall deliver the leased property to Wild West Harley-Davidson 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. Motorcycle Agreement, City of Lubbock & -2- 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 Motorcycle Agreement, City of Lubbock & -3- 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. Motorcycle Agreement, City of Lubbock & -4- 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. 20. Lessor Acknowledges Lessor acknowledges by supplying any Goods or Services that the Lessor has read, fully understands, and will be in full compliance with all terms and conditions and the descriptive material contained herein and any additional associated documents and Amendments. The City disclaims any terms and conditions provided by the Lessor unless agreed upon in writing by the parties. In the event of conflict between these terms and conditions and any terms and conditions provided by the Lessor, the terms and conditions provided herein shall prevail. The terms and conditions provided herein are the final terms agreed upon by the parties, and any prior conflicting terms shall be of no force or effect. 21. Texas Government Code Section 2252.152 Contracts with Companies Engaged in Business with Iran, Sudan, or Foreign Terrorist Organization Prohibited. Pursuant to Section 2252.152 of the Texas Government Code, prohibits the City from entering into a contract with a vendor that is identified by The Comptroller as a company known to have contracts with or provide supplies or service with Iran, Sudan or a foreign terrorist organization. Motorcycle Agreement, City of Lubbock & -5- 22. Texas Public Information Act The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Lessor agrees that the contract can be terminated if the Lessor or vendor knowingly or intentionally fails to comply with a requirement of that subchapter. To the extent Subchapter J, Chapter 552, Government Code applies to this agreement, Lessor agrees to: (1) preserve all contracting information related to the contract as provided by the records retention requirements applicable to the governmental body for the duration of the contract; (2) promptly provide to the governmental body any contracting information related to the contract that is in the custody or possession of the entity on request of the governmental body; and (3) on completion of the contract, either: (A) provide at no cost to the governmental body all contracting information related to the contract that is in the custody or possession of the entity; or (B) preserve the contracting information related to the contract as provided by the records retention requirements applicable to the governmental body. 23. Texas Government Code Section 2271.002 Pursuant to Section 2271.002 of the Texas Government Code, a) This section applies only to a contract that: (1) is between a governmental entity and a company with 10 or more full-time employees; and (2) has a value of $100,000 or more that is to be paid wholly or partly from public funds of the governmental entity. (b) A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 24. Confidentiality The Lessor shall retain all information received from or concerning the City and the City's business in strictest confidence and shall not reveal such information to third parties without prior written consent of the City, unless otherwise required by law. 25. Indemnity The Lessor shall indemnify and save harmless the City of Lubbock and its elected officials, officers, agents, and employees from all suits, actions, losses, damages, claims, or liability of any kind, character, type, or description, including without limiting the generality of the foregoing, all expenses of litigation, court costs, and attorney's fees, for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, to the extent arising out of, related to or occasioned by, the negligent acts of the Lessor, its agents, employees, and/or sublessors, related to the performance, operations or omissions under this agreement and/or the use or occupation of city owned property. The indemnity obligation provided herein shall survive the expiration or termination of this agreement. Motorcycle Agreement, City of Lubbock & -6- 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 L OCK Daniel M. Pope, Mayor ATT T: b &A zk7 Rebec Garza, City Secretary APPROV D AS TO ONTENT: Loyd Mitchel , Chief of Police APPROVED AS TO FORM: w4 Jeff WavUll, Deputy City Attorney LESSOR B A o zed a ese tativ Print Name Address '1004'a' City, State, Zip Co e Motorcycle Agreement, City of Lubbock & -7- 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 Motorcycle Agreement, City of Lubbock & -8- APPENDIX A LEASED PROPERTY: Up to Fourteen (14) Harley-Davidson FLHP ROAD KING POLICE motorcycles with standard equipment, ABS brakes, siren, front pursuit lamps, engine guard strobe lights, and Tour-Paks with integrated LED/strobe lights. Motorcycle Agreement, City of Lubbock & -9- CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-813606 Wild West Harley-Davidson Lubbock, TX United States Date Filed: 10/16/2021 2 Name of governmental entity or state agency that is a party to the contract for which the form is being filed. City of Lubbock Date Acknowledged: 10/19/2021 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 15797 Lease and Maintenance Agreement for Police Motorcycles 4 Name of Interested Party City, State, Country (place of business) Nature of interest (check applicable) Controlling Intermediary Hay, Larry Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of birth is My address is (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of on the day of , 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.191b5cdc CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. I-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 it there are no interested parties. CERTIFICATION OF FILING Certificate Number: 1 Name of business entity filing form, and the city, state and country of the business entity's place of business. 2021-813606 Wilts West Harley-Davidson Lubbock, TX United Stales Date Piled: 10/16/2021 2 Name of governmental entity or state agency that is a parry to the convect For which the farm is being filed. City of Lubbock Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide description of the services, goods, or other property to be provided under the contract. 15797 Lease and Maintenance Agreement for Police Motorcycles Nature of interest A Name of Interested Parry City, Stare, Country (place of business) (check applicable) Controlling Intermediary Hay, Larry Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is and my date of/bpi � is %/ �: /M My address is S7VZ SkA f'% .C,[vOOdc� ,�, % .2 ,GS14 . (mast) (city) (state) (do d.) (country) I declare under penalty of perjury that the foregoing is true and correct. T Executed in / 50 --,-4 County, State of / C✓N'S on the _&tlay of l%t� bap, 20AL. (momb) (yee0 (gnat e craudionted agen f contracting business entity (Oecla Q Forms provided by Texas Ethics Commission www.ethics.state.N.us Version