HomeMy Public PortalAboutORD14692 BILL NO. 2010-32
SPONSORED BY COUNCILMAN(( Harvey
ORDINANCE NO / `"� 'l
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH OZARK HARLEY
DAVIDSON, INC. FOR LEASE OF HARLEY DAVIDSON, MODEL FLHP, POLICE
MOTORCYCLES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS
FOLLOWS:
Section 1. The Mayor and City Clerk are hereby authorized and directed to
execute an agreement with Ozark Harley Davidson, Inc. for lease of two (2) 2011
Harley Davidson, Model FLHP, Police Motorcycles.
Section 2. The agreement shall be substantially the same in form and content
as that agreement attached hereto as Exhibit A.
Section 3. This Ordinance shall be in full force and effect from and after the
date of its passage and approval.
Passed: fs �'-
(✓ -�lGf Approved, -Presiding,bfficer /`Mayor
f APPRO iD AS 1: FO Cle it� t City Counselor
jLfin 2-
06l1D/2Dt0 08:26 Rib
4175323014 OZARK HARLEY-DAVIDSON Ij001/005
y
LEASE AGREEMMNT
Made this Z% day of , 2010 between Ozark Harley-Davidson Ine. A
Missouri Corporation,havin its principal place of business at 2300 Evergreen Pkwy,
Lebanon MO. 65536 and Jefferson City MO P.D.
1. Lease Vehicles
Lessor agrees to lease to Lessee and Lessee agrees to hire from Lessor, the motor
vehicles specified in Schedule A,attached hereto of the models therein described.
When used in this Agreement,the"vehicle"shall mean a motor vehicle leased
hereunder.
11. Ownership of Vehicles
This is an agreement of lease only and may not be construed as a contract for the sale
of vehicles. Lessee acknowledges that lessor is the owner of all vehicles leased
hereunder. Lessee further agrees that it does not acquire any legal or equitable interest
in leased vehicles but shall merely have the possession right to use and operate the
vehicles, which possession right shall be forfeited upon the termination or expiration
of this lease Agreement as hereinafter provided.
11I. Payment of Rent
Lessor will invoice Lessee upon delivery of said vehicle.All rent payments which
shall be payable in advance. All rent shalt be made at such place or places as Lessor
may designate and are due and payable upon receipt. The rent period'for each vehicle
shall commence upon the day of delivery of such vehicle and shall terminate on the
day when such vehicle is returned to the Lessor.
IV. Tenn
The term of this agreement shall be the period appearing in Motor Vehicle Lease
Agreement Schedule A, commencing on the delivery date of such vehicle.The
delivery date of any vehicle shall be the earlier of the date such vehicle is delivered to
lessee as shown on the delivery receipt or five(5)days from the date Lessee is
notified the vehicle is ready for delivery. If a vehicle is stolen or disappears,Lessee
shall forthwith notify the appropriate local authorities and Lessor at Lessor's home
office. If a vehicle is stolen or disappears, or is destroyed or so damaged that it cannot
economically be placed in good working order,the lease shall terminate with respect
to such vehicle, and the resulting expense, shall be bome as elsewhere provided in
this agreement. Lessor shall have the right to verify such damage at its option.
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V. State, County and City Registration and Licenses
Lessee, at Lessee's expense, shall accomplish any licensing in the Continental United
States. Lessee agrees to notify Lessor at least fourteen(14)days prior to removing
vebicle(s) from the state of original registration. Lessee's failure to give proper notice
under this section shall give the Lessor the immediate right to cancel said agreement
and retake said vehicle(s) wherever found at Lessee's expense.
VL Repair and Maintenance
*** To be provided by LESSEE
I. Lessee shall keep and maintain each vehicle in good operating condition
and working order,and shall make all necessary repairs and replacements
of such vehicle.All replacement parts and accessories, including batteries,
must be genuine manufacturer's parts.Title to all replacements parts shall
vest in Lessor,Lessee shall provide all gasoline and oil required for the
proper operation and/or protection of each vehicle.
2. Lessee shall carry out the servicing and maintenance of such vehicle in
accordance with the manufacturer's suggested maintenance program,and
shall comply with Lessor's and manufacturer's requirements respecting
the nature and location of service garages at which warranty work and
service are to be done.Lessor's business facility shall be automatically
deemed to be within these requirements.Lessor shall not be obligated to
pay for any washing,parking, garage,highway,or other fees or oils or
liens of any nature that may be incurred in connection with the operation
of each vehicle.
VII. Insurance
*** To be provided by Lessee
L Insurance shall be procured and maintained for the term of the lease for
each vehicle with insurance companies satisfactory to Lessor. Policies are
to include the interest of both Lessor and Lessee and will provide limits
Of-
(a) $2,000,000 per person for bodily injury
(b) $2,000,000 per accident for bodily injury
(c) $2,000,000 property damage
(d) collision
(e) fire&theft(comprehensive)
2. Lessee to pay any deductible and any amounts not covered by insurance
payments.
3. Lessor, Lessee,their employees and/or their agents shall comply with all
terms and conditions of insurance policies. All claims, (including bodily
injury,property damage, or vehicle damages)are to be reported
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immediately to both the Lessor and the insurance company under this
provision.
4. Lessee will provide a Certificate of Insurance with a 10 day cancellation
notice will be required prior to delivery of the vahicle(s),
VIII. Retum of Leased Vehicles
Upon the expiration or termination of the lease said vehicle(s)shall be returned
forthwith and without delay to Lessor at Lessee's expense at a place designated by
Lessor.Except as hereinafter specified with regard to the appearance of such vehicle,
the Lessee shall return such vehicle in as good condition and order as when received
by Lessee, ordinary wear and tear and damage of defects,which are specifically
covered by manufacturer's warranty and natural depreciation,excepted. If upon
expiration or termination of this lease for any cause or for any reason the leased
vehicles) is returned in an unsatisfactory condition after inspection by the Lessor,
excepting ordinary wear and tear and natural depreciation,the Lessee shall pay as
additional rent,the Lessor's cost of cleaning,repairing,or replacing any damage to
vehicle(s) occasioned(a)by improper, negligent, abusive or reckless treatment in the
care and operation of the vehicle(s); (b)by traffic accidents, or(c)by operation and
maintenance without proper oil, or other necessary lubricants or items; (d) by towing,
pushing and/or illegal uses; shall not be considered ordinary wear and tear or natural
depreciation. The Lessor reserved the right to charge and receive any cost to the
Lessor for cleaning,repairing or reconditioning under this provision. Lessee shall
give Lessor thirty(30)days advance written notice by certified mail of serial numbers
and location of vehicles to be taken off lease.Each vehicle shall be in good operating
condition and will have all original equipment and (2) safe tires each.
IX. Indemnification
Lessee shall defend, indemnify and hold harmless Lessor and its officers and
employees, from and against any and all damages loss theft or destruction of any
vehicle and against all losses,liabilities, damages, injuries, claims,demands, costs
and expenses of every kind and nature, including legal fees and disbursements arising
out of and in connection with the use, condition or operation of vehicles during the
lease term. Lessee agrees to pay any and all costs of repossession together with
reasonable attorneys fees and costs which grow out of any suit or suits commenced by
Lessor under this provision.
X. Lessee's Damages
Lessor shall not be responsible to Lessee, or its agents, servants,or employees,for
loss of business or other damage caused by any interruption of the service herein to
be furnished by Lessor, or by time lost in the repairing or replacing of any vehicles,
nor for a loss, injury or damage arising out of or relating to Lessor's failure to deliver
vehicles pursuant hereto by reason of strikes or other causes beyond control of Lessor
nor for any other losses or damages sustained by Lessee hereunder except as
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specifically,provided in Lessor's undertakings in this Agreement,Lessor assumes no
liability or responsibility of Lessee,its agents,servants or employees or any other
persons,property which is damaged, lost or stolen in or from the vehicles.
)CI. Operation of Vehicles
1. Lessee shall permit only licensed drivers to operate the vehicles,and shall
require them to operate such vehicles with reasonable care and diligence
and to comply with written instructions furnished by Lessor covering the
operation and maintenance of the vehicles.Lessee shall also obtain license
number,state of issuance, and residence shovtn from each licensed driver,
and this information shall be maintained as a part of lessee's regular
business records.
2. Except with written consent of Lessor,the use of all vehicles shall be
limited to the continental limits of the United States.
3. The Lessee agrees not to assign this Agreement or sublease any leased
vehicle. Lessee shall not permit any motorcycle leased hereunder to be
used for hire or as a common carrier.
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SCHEDULE A
Attached to Lease dated 2010 between Ozark Harley-
Davidson Inc. (Lessor) and Jefferson City MO P.D. (Lessee)
Vehicle(s) 2011 Harley-Davidson Motorcycle
Model: FLHP
Color: White
VIN:
Intended Use: Community Policing
Term of Lease: One Year
Lease per Year Per Unit: $2,250.00
Lessee acknowledges delivery of above described vehicles in new condition.
Depam mtmpresenmUvc.
Ozark Harley-Davidson represent tine.
Dated