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HomeMy WebLinkAboutBicycle Lease-OPD/Winnebago Bicycle 2015 I AMENDMENT The City of Oshkosh, hereinafter referred to as the CITY, and Winnebago Bicycle LLC, hereinafter referred to as the LESSOR, entered into a contract for bicycle lease services on March 27, 2015 which included a provision to extend the Contract upon agreement of the parties. The parties agree that they each receive a business benefit through this contract and that they wish to extend the contract by this amendment. I THEREFORE, the CITY and the LESSOR agree to extend the term of this contract until December 31, 2018. The annual payment shall not exceed $600 per bicycle. All other terms in the March 27, 2015 contract remain unchanged and in full force and effect. , S9 G Dated this Z-;3-day of March, 2017 LESSOR I i In the Presence of: By. en Rennert, Owner mn ago Bicycle LLC CITY OF OSHKO 3F 3 By: I Chief dedn Smith, Oshkosh Police Dept. 4 S S I i L kC Y I 3 i t S I i r � Bicycle Lease Agreement Q E 3 Parties. This Lease Agreement (Agreement) is entered into between Winnebago Bicycle, LLC as Lessor, and the City of Oshkosh as Lessee. a Lessor: Lessee: i Winnebago Bicycle, LLC City of Oshkosh Benjamin C. Rennert, owner 215 Church Avenue 502 N. Main Street P.O. Box 1130 a Oshkosh, WI 54901 Oshkosh, Wisconsin 54903-1130 Contacts: 3 Benjamin C. Rennert Thomas Kopczyk, Bike Instructor Ben,renneg@winnebagobicycie.com tkopczyk ci.oshkosh.wi.us (920) 426-3020 (920)252-0222 Bicycles. The Lessor agrees to lease four mountain bike type bicycles to the Lessee for use by the Oshkosh Police Department for their Patrol Division subject to the terms Identified herein and Lessee agrees to the terms and conditions herein for use of the bicycles. i Lessor shall retain title to the bicycles, Upon delivery, the bicycles shall be identified by make, model and serial number and a copy of the warranty for each bicycle shall be provided. The bicycles shall added to the Oshkosh Police Department inventory as leased vehicles. s I Term. The term of this Agreement shall start on April 1, 2015, and end on December 31, 2016. The term of this Agreement may be extended if all parties agree in writing. Any extension of the term of this lease shall incorporate and include all other terms of this Agreement except those that may be modified in writing. Delivery and Payment. z Upon execution of this Agreement, Lessor shall provide an invoice to the City of Oshkosh for the first year lease of these two bicycles. Upon payment of the invoice, Lessor shall order and provide two (2) new bicycles to be used for a lease term of 24 months. p t E S After January 1, 2016 Lessor shall provide an invoice to the City of Oshkosh for the second year lease of the 2015 bicycles and for an annual lease of two additional bicycles for 2016. The annual lease payment shall be $525.00 per bicycle. For 2015 the annual lease ° payment shall be$1050.00. The annual lease payment for 2016 shall be $2100.00. 6 Lessor shall be responsible for delivery of the bicycles to its location at 502 N. Main f Street, Oshkosh, Wisconsin. Lessee shall be responsible to pick up and transport the 1 bicycles from 502 N. Main Street to the Oshkosh Police Department or other areas where the bicycles may be used. Lessee shall also be responsible to transport the bicycles to and from 502 N. Main Street for any necessary maintenance and repairs. Maintenance. Any maintenance or repair on the bicycles may only be done by/through Lessor or minor maintenance may be done pursuant to the Oshkosh Police Department Bicycle Patrol policy. Lessor specifically agrees that minor maintenance as provided for by that I policy is permitted and shall not be considered a breach of this agreement nor a violation of the warranty on the bicycles. Maintenance Package._ Included in this lease is an annual maintenance package for each bicycle covered by the lease agreement. This maintenance package shall include an annual tune-up, minor adjustments to the bicycle as may be necessary, and replacement parts covered by the manufacturer's warranty. E Additional MaintenancelAccidental Daman Additional maintenance or repair of damages by Lessor, not covered under the annual maintenance package, shall be charged to Lessee at the cost of replacement parts only. There will be no charge for any labor necessary to complete this additional maintenance or repair/replacement of parts. i Insurance. 3 The City of Oshkosh shall provide general liability insurance covering its officials, employees, volunteers and agents while using the bicycles within the scope of their k employment, The City of Oshkosh shall also provide property insurance covering the Q bicycles within the City's care custody and control for damage, repair and replacement. Lessor shall provide general liability insurance covering its officials, employees and agents for all matters pertaining to this lease agreement. I i E 2 i Return upon Termination of Lease. Upon the termination of the lease for each bicycle, Lessee shall deliver the bicycle to Lessor's location at 502 N. Main Street. Lessee shall deliver the bicycle in good i condition, reasonable wear and tear excepted. Lessee shall be responsible for any damages or repair necessary to the bicycle above reasonable wear and tear, which shall be charged to Lessee at cost as provided above. i Miscellaneous Provislons. A. Nothing contained in this agreement shall constitute or be construed to create a partnership or a joint venture among the parties. z B. This agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. i C. Headings contained in this agreement are for convenience of reference only and i are not intended to define, limit, or describe the scope or intent of any provision of this agreement. n i D. Notwithstanding any provision to the contrary, it is agreed that none of the obligations contained in this agreement shall run to or be enforceable by any party other than the party to this agreement. E. This agreement constitutes all of the agreements and understandings of whatever nature or kind existing between the parties with respect to the subject i matter hereof. i< F, If any term, covenant, condition or provision of this agreement shall be Invalid or enforceable, the remainder of this agreement shall not be effected thereby, and each term, covenant, condition and provision shall be valid and be enforceable to the fullest extent permitted by law. G. Failure of either party to insist upon the strict performance of terms and provisions of this agreement, or any of them, shall not constitute or be construed i as a waiver or relinquishment of that parties' right to thereafter enforce such term or provision, and that term of provisions shall continue in full force and effect. i iN WiTNESS WHEREOF, the parties hereto have executed or caused this agreement to be executed by their duly authorized officers: Dated this day of March, 2015, Lessor Lessee Winnebago Bicycle, LLC City of Oshkosh By: Benjamin C, Rennert, Owner By: Scott Greuel, Chief of Police 3 yry4 tEk C