21CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER - OFFICE MEMORANDUM
To: The Honorable Mayor and Members of the City Commission
From: Hector Mirabile, PhD, City Managua
Date: June 2, 2011 (((((( Agenda Item #
Subject: A Resolution of the Mayor and City Commission of the City of South
Miami, Florida, authorizing the City Manager to enter into a two -year
lease and maintenance contract for two police motorcycles with
Petersen's Harley- Davidson's of Miami, disbursement of the funds up to
$11,400.00 per year from account number 001 - 1910 - 521 -4450
(Purchase /Lease Police Vehicles), providing for an effective date.
Background: The Police Department is required to enforce the traffic laws of the State of
Florida to provide for the public's safety and police motorcycles play an
important part in this enforcement effort, which has been shown to reduce the
number of traffic accidents, thereby making our community safer.
Expense: $11,400.00
Account: Funds are budgeted in account number 001 - 1910 -521 -4450 (Purchase/Lease
Police Vehicles) with a balance of $11,400.00
Attachments:
• Proposed Resolution
• Petersen's Harley- Davidson Contract
o Sole Source Letter
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RESOLUTION NO.
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7 A Resolution of the Mayor and City Commission of the City of South Miami, Florida,
8 authorizing the City Manager to enter into a two -year lease and maintenance contract
9 for two police motorcycles with Petersen's Harley- Davidson's of Miami, disbursement
10 of the funds up to $11,400.00 per year from account number 001 -1910- 521 -4450
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(Purchase /Lease Police Vehicles), providing for an effective date.
WHEREAS, the police department is required to enforce the traffic laws of the State of Florida to
provide for the public's safety, and police motorcycles play an important part in this
enforcement effort which has been shown to reduce the number of traffic accidents,
thereby making our community safer; and
WHEREAS, motorcycle officers can quickly and safely respond to calls concerning accidents in
heavy traffic, maintain preventive traffic enforcement programs, and provide escorts;
and
WHEREAS, the previous two -year lease will expire July 31, 2011 and the terms of the new two
year lease contract, commencing August 1, 2011 and ending on July 31, 2013, requires
monthly payments of $475.00 per motorcycle; and
WHEREAS, Peterson's Harley - Davidson of Miami is the only vender in Miami -Dade County for
the leasing of these police motorcycles; and
WHEREAS, the annual contract is less expensive than their nearest competitor in Broward County
and it is more efficient to use a local dealer for service and repairs; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City Manager is authorized to enter into a two year lease agreement and disburse funds in
the amounts of $1,900.00 from the 2010/11, $11,400.00 from the 2011/12 and $9,500.00
from the 2012/13 budgets, payable to Marley- Davidson of Miami and disbursement be charged
to account number 001 - 1910 -521 -4450 (Lease /Purchase - Police Vehicles).
Section 2. That the City Manager is authorized to execute such contracts and documents as are
necessary to continue the lease of said vehicles, providing for an effective date.
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PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of 2011
Commission Vote:
Mayor Stoddard:
Vice Mayor Newman:
Commissioner Beasley:
Commissioner Palmer:
Commissioner Harris:
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June 6, 2011
To Whom It May Concern:
Please he advised that Peterson's Harley- Davidson of Miami, LLC and Peterson's
Harley- Davidson South, LLC are the only factory authorized Harley - Davidson dealers in
Miami -Dade County.
Our police leasing program is consistent across all police and municipalities for pricing,
service schedules and repairs.
If you need any further information, please contact me at 305- 651 -4811, extension 501.
Sineere1
f�
Ace Armstron
General Manager
Peterson's Harley- Davidson of Miami, LLC
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2011 LEASE AGREEMENT FOR
HARLEY- DAVIDSON POLICE MODELS
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It This agreement made and entered into between PETERSON'S HARLEY - DAVIDSON OF
W MIAMI, L.L.C., designated as the lessor, and City of South Miami, designated as the lessee,
c made this day of 2011 for the purpose of leasing to the Lessee ( 2 )two HARLEY -
DAVIDSON Police motorcycles under the following terms and conditions:
a. 1. EQUIPMENT-
2012 HARLEY- DAVIDSON model FLHP ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet.
2. AGREEMENT TERM-
The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
motorcycles and thereafter for a period of twenty -four (24) months. At the end of the Agreement
Term, the City shall have the option of returning the 2012 models and acquiring 2014 models
under the same equipment items and for the same terms and conditions as set forth herein. If
Lessee decides not to retain the 2011 model motorcycles, they must be returned to Peterson's
Harley- Davidson of Miami, L.L.C. Motorcycles leased under this Agreement are to be used for
police and related activities: off -duty details, funeral escorts and parades only. Any other use
shall require the prior written consent of Lessor.
3. PAYMENT PERIOD-
Lessee shall pay monthly payments in the amount of $475.00 for each motorcycle. Payments
include the cost of equipment, payment of interest, full maintenance and administrative costs less
the residual value of the motorcycle. Monthly rental, per motorcycle, shall be payable by the
Lessee to Lessor on the 5th day of each month daring the term of this lease.
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4. INSURANCE-
At its own expense, the lessee shall carry casualty insurance in the amount of $2,000,000 with
respect to the motorcycle and shall carry Public Liability and Property Damage Insurance
sufficient to protect the actual cash value of the equipment and to protect the Lessor from
Liability in all events. The Lessee shall carry Worker's Compensation covering all its
employees working on, in, or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
coverage described above as required by the terms and conditions of this agreement. The Lessor
shall be named as additional insured and loss payee.
5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES-
Subject to the provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which
limitations shall be applicable regardless of whether such provisions would otherwise apply, and
to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor
harmless from any and all liability arising out of the leasing, renting, operation, control, use,
delivery and/or return of the Motorcycle including, but not limited to injuries causing personal
injury, property damage and /or death, except for damages resulting from a design fault in the
product, but shall be credited with any amounts received by the Lessee with respect thereto from
liability insurance by the Lessee. The indemnification shall include all costs and expenses
including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting
from and special liability. Nothing contained herein is intended nor shall be construed to waive
Lessee's right and immunities under common law and Section 768.28, Florida Statutes.
6. LIENS-
The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage,
pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with
respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its
own expense, take such actions as may be necessary to duly discharge any such mortgage,
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pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time
due to the Lessee's action or inaction.
TAXES AND FEES-
The Lessee shall pay any nec -ssaiy taxes or fees, including but not limited to Sales and Use Tax,
Excise Tax, Personal Property Tax, assessments, penalties, licenses, fees, registration fees,
>freight and transportation charges, permits and any similar charges imposed on the ownership,
;possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
that the City of South Miami is tax exempt under Florida Law.
CARE AND USE OF EQUIPMENT-
The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard
Preventative maintenance Contract and /or recommendation. All repairs shall be made at
PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI,
FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the
Motorcycle to PETERSON'S HARLEY - DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND
AVE, MIAMI, FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the
Service Schedule attached hereto as Exhibit 2.
The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall
use the Motorcycle for Police related activities only, without abuse, and shall not make
a modifications, alternations or additions to the Motorcycle (other than normal operating
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accessories or controls) without written consent of the Lessor, which shall not be unreasonably
° withheld
The Lessor, shall have the right, during regular business hours to enter upon the premises where
the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest
and the Lessee shall afford them the opportunity to do so.
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9., DAMAGE OR DETERIORATION OF MOTORCYCLES-
FD In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
a its employees prior to the em of this agreement, the Lessee will promptly have the Motorcycle
in
repaired and restored to its original condition and working order. Any damage done to lease
cmotorcycles during the officers training will be repaired as soon as the training is completed at
M Lessee's expense. This inclu les damage done to engine, transmission, brakes and not just the
i paint and body parts. All repairs must be done at the Lessor's repair facility. In case of theft or
° total loss of the Motorcycle, the replacement value of the Motorcycle shall be $23,000.00 minus
2% for each month the agreement is in effect.
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10. SELECTION OR RIDER-
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The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper
handling and care is exercised.
11, RIDER RESPONSIBILITY AND PRIVILEGES-
The rider will be responsible for keeping the motorcycle clean and is required to report any
defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to
work provided that it is fully insured at all times by the lessee and the distance is no more than
thirty (30) miles each way.
12. EVENTS OF DEFAULT AND REMEDIES-
Lessee shall be deemed to be in default hereunder upon the happening of any of the following
events of default
A. Lessee shall fail to make any periodic payment, or to pay any other payments required
to be paid hereunder, or
B. Lessee shall fail to keep any such other term, covenant or condition contained herein.
Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to
remedy such event of default with all reasonable dispatch within a period of thirty (30) days,
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Lessor or its assigns shall have the right, at its option without any demand or notice, to pursue
any of the following remedies:
I ) by written notice to Lessee, declare an amount equal to all payments due during the
agreement term to be immediately due and payable as liquidated damages and not as a
penalty, whereupon the same shall become immediately due and payable.
2) re -enter and take possession of the equipment, enforce this agreement or terminate the
agreement, and repossess the equipment and sell or lease the equipment for the account of the
Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling
and for the difference in the purchase price, rental and other amounts paid by the Lessee or
purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and
3) any action at law or in equity as may appear necessary to collect the payments then
due and thereafter to become due, or to enforce performance and observance of any obligation,
agreement or covenant of Lessee under this agreement upon failure to comply with any term,
covenant or condition contained herein.
13. MAINTENANCE AND EQUIPMENT-
Lessor shall provide full maintenance and tires for the motorcycle at no cost to the Lessee.
Physical damages and clutch replacement are the exception. The lessee will pay for parts only
on all clutch replacements /repairs. Lessor shall not supply Lessee with gasoline or radios. All
maintenance shall be done at PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400
NW 2ND AVE, MIAMI, FLORIDA 33169.
14. SUBLEASE OR ASSIGNMENT-
Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may
effect the subleasing of the motorcycle.
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a 15. TERMINATION -
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o This agreement may be terminated by either party for any cause, upon thirty (30) days written
Ir notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
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date of such termination.
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16. ENTIRE AGREEMENT; AMENDMENTS-
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This Agreement constitutes the entire agreement between Lessor and the Lessee, and all
negotiations and oral understandings are merged herein. No modification, amendment or
? alteration in the terms or conditions of this Agreement shall be effective unless contained in a
written document executed with the same formality as this Agreement and signed by each Party.
17. CONSENT TO JURISDICTION-
The Parties submit to the jurisdiction of any Florida state or federal court in any action or
proceeding arising out of, or relating to, this Agreement. Venue of any action to enforce this
Agreement shall be in Miami -Dade County, Florida.
18. GOVERNING LAW-
This Agreement shall be construed in accordance with, and governed by, the laws of the State of
Florida.
19. HEADINGS-
Headings are for convenience of reference only and shall not be considered in any interpretation
of this Agreement.
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X 20. SEVERABILITY-
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co If any provision of this Agreement or the application thereof to any person or situation shall to
any extent, be held invalid or unenforceable, the remainder of this Agreement, and the
application of such provisions to persons or situations other than those as to which it shall have
been held invalid or unenforceable shall not be affected thereby, and shall continue in full force
M and effect, and be enforced to the fullest extent permitted by law.
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M 21. WAIVER-
The waiver by either Party of any failure on the part of the other Party to perform in accordance
with any of the terms or conditions of this Agreement shall not be construed as a waiver of any
future or continuing similar or dissimilar failure.
22. COSTS AND ATTORNEY'S FEES-
If either Lessor or Lessee is required to enforce the terms of this Agreement by court proceedings
or otherwise, whether or not formal legal action is required, the prevailing Party shall be entitled
to recover from the other Party all such costs and expenses, including but not limited to costs and
reasonable attorney's fees.
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In witness whereof, Lessor and the Lessee have caused this instrument to be signed, all on the
day and year first above written.
WITNESS:
By: t &KAt J
Print Name: {&vHaS
LESSOR:
Peterson' Harley- Davidson of Miami, LLC
By:
Print Name: I�L, d A!T
N LESSEE: LESSEE:
S
CITY OF SOUTH MIAMI
POLICE CHIEF
ORLANDO MARTINEZ DELCASTRO
CITY OF SOUTH MIAMI
CITY MANAGER
HECTOR MIRABILE
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MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI -DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review f /k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami -Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING - JULY 19, 2011
in the XXXX Court,
was published in said newspaper in the issues of
07/08/2011
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami -Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount slon or refund for the purpose
of: securirrRiladvertt men rpnblisatj_on in the said
before me this
08 .day of JULY , A.D. 2011
(SEAL)
MARIA MESA personally known to me
YO,4pV `Ufl''F Notary public State of Florida
Cheryl Marmot
�g My Commission DD793490
a *'
,. r "r Expires 07/18/2012
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