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HomeMy WebLinkAboutBicycle Lease Agreement Wheel & Sprocket 2019 31t (.v Bicycle Lease Agreement Parties. This Lease Agreement (Agreement) is entered into between Wheel & Sprocket, Inc., as Lessor, and the City of Oshkosh as Lessee. Lessor: Lessee: Wheel & Sprocket, Inc. City of Oshkosh Attn: Andy Albrecht, General Manager 215 Church Avenue 1451 S. Washburn St. P.O. Box 1130 Oshkosh, WI 54904 Oshkosh, Wisconsin 54903-1130 Contacts: Andy Albrecht Thomas Kopczyk, Bike Instructor • W: (920) 232-0900 tkopczyk@ci.oshkosh.wi.us C: (920) 471-3141 (920)252-0222 Bicycles. The Lessor agrees to lease four bicycles to the Lessee for use by the Oshkosh Police Department for their Patrol Division. The bicycles shall be of the following type: 2 - Medium Frame Trek Police Model Bicycles 2 - Large Frame Trek Police Model Bicycles The lease terms are identified in this Agreement, and Lessee accepts and agrees to the terms and conditions herein for use of the bicycles. 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 by the Lessor to the Lessee. The bicycles shall be added to the Oshkosh Police Department inventory as leased vehicles. January 14, 2019 1 Term. The term of this Agreement shall start on February 1, 2019, and end on December 31, 2021. 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. Option to Purchase. At the end of the 3rd year of this lease, the Lessee shall have the option to purchase one or more of the leased bicycles for the price of$450.00. Lessee shall have until the end of the 3rd year of this lease to notify the Lessor in writing that it will be exercising this option for one or more of the bicycles. Those bicycles for which the Lessor exercises its option to purchase shall be accepted in an as-is condition, except for any remaining manufacturer or other warranty. Bicycles for which the option to purchase is not exercised shall be returned as otherwise described in this Agreement. Delivery and Payment. The annual lease payment shall be $300.00 per bicycle, with the annual lease payment of $1200.00 for all four bicycles. Upon execution of this Agreement, Lessor shall provide an invoice to the City of Oshkosh for the first year of the lease for the four (4) bicycles. Upon payment of the invoice, Lessor shall order and provide four (4) new bicycles to be used for a lease term of thirty six (36) months. Lessor shall thereafter send an invoice to the City of Oshkosh on January 1 of each successive year for the total lease payment due for that year. Lessor shall be responsible for delivery of the bicycles to its location at 1451 South Washburn St, Oshkosh, Wisconsin. Lessee shall be responsible to pick up and transport the bicycles from 1451 South Washburn 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 1451 South Washburn 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 January 14,2019 2 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. Additional Maintenance/Accidental Damage. Additional bicycle maintenance that is not covered by the annual maintenance package may be required during the lease term. This additional maintenance may include the repair or replacement of parts. Maintenance or repairs undertaken that are not covered under the annual maintenance package shall be charged to Lessee at the cost of replacement parts only. There will be no charge to the Lessee for any labor necessary to complete maintenance, repairs, or part replacement that is not covered by the annual maintenance package. Insurance. 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 employment. The City of Oshkosh shall also provide property insurance covering the 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. Return upon Termination of Lease. Upon the termination of the lease for each bicycle, Lessee shall deliver the bicycle to Lessor's location at 1451 South Washburn Street. Lessee shall deliver the bicycle in good condition, reasonable wear and tear excepted. Lessee shall be responsible for any damages or repair necessary to the bicycle that is not considered reasonable wear and tear and which is not covered by the annual maintenance package. The City will be billed for uncovered maintenance, repairs, or part replacement upon return after the termination of the lease, but shall not be charged for labor costs. January 14, 2019 3 Miscellaneous Provisions. A. Nothing contained in this Agreement shall constitute or be construed to create a partnership or a joint venture among the parties. B. This Agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. C. Headings contained in this Agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 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 matter hereof. 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 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. H. This Agreement shall be interpreted by the laws of the State of Wisconsin. The parties select Winnebago County, Wisconsin, as the venue for resolving any disputes between the parties. [signature page follows] January 14, 2019 4 IN WITNESS WHEREOF, the parties hereto have executed or caused this Agreement to be executed by their duly authorized officers: Dated this day of Peb , 2019. Lessor Lessee Wheel & Sprocket, Inc. City of Oshkosh By: By: D-- Andy Albre t eneral Manager Mark A. Rohloff, City Manager By: 416--)P Pamela R. Ubrig, City Clerk January 14,2019 5 Bicycle Lease Agreement Parties. This Lease Agreement (Agreement) is entered into between Wheel & Sprocket, Inc., as Lessor, and the City of Oshkosh as Lessee. Lessor: Lessee: Wheel & Sprocket, Inc. City of Oshkosh Attn: Andy Albrecht, General Manager 215 Church Avenue 1451 S. Washburn St. P.O. Box 1130 Oshkosh, WI 54904 Oshkosh, Wisconsin 54903-1130 Contacts: Andy Albrecht Thomas Kopczyk, Bike Instructor W: (920) 232-0900 tkopczyk@ci.oshkosh.wi.us C: (920)471-3141 (920)252-0222 Bicycles. The Lessor agrees to lease four bicycles to the Lessee for use by the Oshkosh Police Department for their Patrol Division. The bicycles shall be of the following type: 2 - Medium Frame Trek Police Model Bicycles 2 - Large Frame Trek Police Model Bicycles The lease terms are identified in this Agreement, and Lessee accepts and agrees to the terms and conditions herein for use of the bicycles. 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 by the Lessor to the Lessee. The bicycles shall be added to the Oshkosh Police Department inventory as leased vehicles. January 14, 2019 1 Term. The term of this Agreement shall start on February 1, 2019, and end on December 31, 2021. 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. Option to Purchase. At the end of the 3rd year of this lease, the Lessee shall have the option to purchase one or more of the leased bicycles for the price of$450.00. Lessee shall have until the end of the 3rd year of this lease to notify the Lessor in writing that it will be exercising this option for one or more of the bicycles. Those bicycles for which the Lessor exercises its option to purchase shall be accepted in an as-is condition, except for any remaining manufacturer or other warranty. Bicycles for which the option to purchase is not exercised shall be returned as otherwise described in this Agreement. Delivery and Payment. The annual lease payment shall be$300.00 per bicycle, with the annual lease payment of $1200.00 for all four bicycles. Upon execution of this Agreement, Lessor shall provide an invoice to the City of Oshkosh for the first year of the lease for the four (4) bicycles. Upon payment of the invoice, Lessor shall order and provide four (4) new bicycles to be used for a lease term of thirty six (36) months. Lessor shall thereafter send an invoice to the City of Oshkosh on January 1 of each successive year for the total lease payment due for that year. Lessor shall be responsible for delivery of the bicycles to its location at 1451 South Washburn St, Oshkosh, Wisconsin. Lessee shall be responsible to pick up and transport the bicycles from 1451 South Washburn 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 1451 South Washburn 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 January 14, 2019 2 f 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. Additional Maintenance/Accidental Damage. Additional bicycle maintenance that is not covered by the annual maintenance package may be required during the lease term. This additional maintenance may include the repair or replacement of parts. Maintenance or repairs undertaken that are not covered under the annual maintenance package shall be charged to Lessee at the cost of replacement parts only. There will be no charge to the Lessee for any labor necessary to complete maintenance, repairs, or part replacement that is not covered by the annual maintenance package. Insurance. 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 employment. The City of Oshkosh shall also provide property insurance covering the 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. Return upon Termination of Lease. Upon the termination of the lease for each bicycle, Lessee shall deliver the bicycle to Lessor's location at 1451 South Washburn Street. Lessee shall deliver the bicycle in good condition, reasonable wear and tear excepted. Lessee shall be responsible for any damages or repair necessary to the bicycle that is not considered reasonable wear and tear and which is not covered by the annual maintenance package. The City will be billed for uncovered maintenance, repairs, or part replacement upon return after the termination of the lease, but shall not be charged for labor costs. January 14, 2019 3 Miscellaneous Provisions. A. Nothing contained in this Agreement shall constitute or be construed to create a partnership or a joint venture among the parties. B. This Agreement cannot be changed or modified except in writing and signed by the duly authorized agents of the parties. C. Headings contained in this Agreement are for convenience of reference only and are not intended to define, limit, or describe the scope or intent of any provision of this Agreement. 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 matter hereof. 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 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. H. This Agreement shall be interpreted by the laws of the State of Wisconsin. The parties select Winnebago County, Wisconsin, as the venue for resolving any disputes between the parties. [signature page follows] January 14, 2019 4 IN WITNESS WHEREOF, the parties hereto have executed or caused this Agreement to be executed by their duly authorized officers: Dated this day of F,P'b , 2019. Lessor Lessee Wheel & Sprocket, Inc. City of Oshkosh By: By: —'K Andy Al , General Manager Mark A. Rohloff, City Manager By: Pamela R. Ubrig, City Clerk January 14, 2019 5 Harris, Matthew A. From: Kopczyk, Thomas A. Sent: Tuesday, January 08, 2019 4:56 PM To: Harris, Matthew A. Subject: FW: Bike Program Officer Thomas Kopczyk Oshkosh Police Department 920.236.5700 tkopczykPci.oshkosh.wi.us Follow us: Web 1 Facebook 1 Twitter From: andy.albrechtPwheelandsprocket.net [andy.albrecht@wheelandsprocket.net] Sent: Friday, August 31, 2018 12:18 PM To: Kopczyk, Thomas A. Subject: Bike Program Tom, I have put together a list of options for procuring bikes. Sorry it took a little longer than expected, Trek announced some price increases and I just want to make sure these were correct as part of those increases. I also can't find a listing for the Police bike or the Powerfly on Trek' s page. They might be releasing a new model and just took it off of the site. As for E-bikes I have included a quote for the purchase of one. If at any time you or any other officer would like to try an E-bike out we have several in stock and would be happy to set up a test ride. Please let me know if you have any questions. 1. Trek- Police Model - Purchased outright - Retail $1359.99 - Your price $1129.99 2. Trek Police Model - Three year lease at $300 a year. Option to buy out at the end of the third year for fourth payment of $450 3. Trek X-Caliber 7 - Purchased outright - Retail $959.99 - Your price $779.99 4. Trek Powerfly Police - Purchase outright - Retail $3999.99 - Your price $3199.99 1 Here is a link to the X-Caliber 7: https://www.trekbikes.com/us/en US/bikes/mountain-bikes/cross-country-mountain-bikes/x- caliber/x-caliber-7/p/23147/?colorCode=black Thank you, Andy Albrecht General Manager Wheel&Sprocket - Oshkosh 1451 S Washburn St. W- 920-232-0900 C- 360-471-3141 2