Res. No. 071-04-11850RESOLUTION NO.71-04-11850
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA,AUTHORIZING THE CITY
MANAGER TO ENTER INTO A NEW TWO YEAR LEASE AND
MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH
FT.LAUDERDALE HARLEY-DAVIDSON,DISBURSEMENT OF THE
FUNDS FROM ACCOUNT NUMBER 1910-521-4450 (PURCHASE/LEASE-
POLICE VEHICLES).
WHEREAS,the police department must enforce the traffic laws of the State of Florida to
provide forthe public's safety,and police motorcycles playan important partinthis enforcement
effort which has been shown to reduce the number of traffic accidents,thereby making our
community safer;and
WHEREAS,motorcycle officerscan quickly and safely respond tocalls concerning
accidents in heavy traffic,maintain preventive traffic enforcement programs,and provide escorts;
and
WHEREAS,the previous two-year lease expires onMay 1,2004andthe terms of thenew
twoyearlease contract,commencing May1,2004and ending onApril30,2006,requires that
monthly payments of $250.00 andaonceperyear$300.00 change out charge must bepaidoneach
motorcycle;and
WHEREAS,Ft.Lauderdale Harley-Davidson isthesole source dealer inthisareaforthis
leasing agreement.
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1.That the City Manager be,and hereby is authorized to disburse funds inthe
amount of $13,200.00 forthetwoyearcontract($6,600.00peryear)payabletoFt.Lauderdale
Harley-Davidson and disbursement bechargedto account number 1910-521 -4450 (Lease/Purchase-
Police Vehicles).
Section 2.That theCity Manager is authorized to execute such contracts and documents
asare necessary to continue thelease of saidvehicles,providing foran effective date.
PASSED AND ADOPTED this 20th day of April,2004.
ATTEST:APPROVED:
CITY CLERK
READj^NT^P-PROVED ASTOFORM:
•//a
CITY ATTORNEY
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
iJf
4-0
Yea
Yea
not present
Yea
Yea
TO:
FROM:
DATE:
SUBJECT:
City of South Miami
Police Department
INTER-OFFICE MEMORANDUM
Maria Davis
City Manager
Orlando Ma
Chief of Polic
April 9,2004
astro
Police Motorcycle Leasing Program
On April 6,2004,the Commission deferred resolution 14;which was to authorize a two
year lease agreement with Ft.Lauderdale Harley-Davidson.The reason that the
Commission deferredthisitemwasfor Administration toobtainfurther information in
regards to other competitive vendors that would supply the same equipment.
Our previous research had concluded that there were only two Motorcycle companies
locally that would supply the equipment necessary;one being Peterson Harley Davidson
of Miami andtheother,Ft.Lauderdale/Daytona Harley-Davidson.We donotdo business
with Peterson Harley Davidson as they do not offer a Police Motorcycle Leasing
Program.The only one that can supply us as well as other Police Departments in South
Florida,with a lease program isFt.Lauderdale/Daytona Harley Davidson.Asinthepast,
they have agreed to include a full maintenance program,(oil changes,tires,etc.)to the
monthly lease agreement for an additional $100.per month,which increases the monthly
lease payment from $150.each per month to $250 each per month.
AnotheradditionalassetofFt.Lauderdale/Daytona HarleyDavidsonleasingprogramis
that they also provide us with a new motorcycle each year.Ft.Lauderdale/Daytona
Harley Davidson has continued to offer a renewal lease agreement under the same terms
and conditions asthe original lease,which has beenin existence forthepast five years.
-2-
Attached isa letter from their company where they point out that they do the same lease
contract for another 135 Police Agencies throughout Florida.As the sole source
provider,we encourage the renewal contract with Ft.Lauderdale Harley-Davidson.
NOTE:Please be aware that our present contract expires at the end ofthis month.
OM/cm
Art./
TO:
FROM:
DATE:
SUBJECT:
SOUTH MIAMI POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
Orlando Martinez
Chief of Police
Lieutenant D.Salern
April 7,2004
Motorcycles
0^~
I spoke with Ed Cordera,Government Sale Representative,for Peterson Harley Davidson of
Miami 17631 SouthDixie Highway Miami,FL.Hestatedthat Peterson Harley Davidson does
nothavea Police Motorcycle leasingprogram.
04/07/2004 20:08 9547916128
Barry T.Kuhnly
Manager
April 7,2004
PLANTATION HD PAGE 02
POUCE «FLEET SALES
Cap!DanSalerno
SouthMiamiPoliceDepartment
City of SouthMiami
6130 Sunset Drive
SouthMiami,FL33143
Dear Capt Salerno:
Thank you for taking the time from your busy schedule to speak with meand discuss
topics of mutual interest regarding the current fleet and related topics.Please consider
thisletterasa follow-up toour conversation.
Mr.Bruce Rossmeyer who owns Ft Lauderdale Harley-Davidson located at 443 South
SR7,Ft Lauderdale,EL 33317,and Daytona Harley-Davidson located at 290 North
Beach Street,Daytona Beach,PL 32114 has made a strong commitment to servicing the
police community.Harley-Davidson Motor Company has recently named our dealerships
the number one and number two police sales dealerships of the year.Itisthe fourth
straight year Ft Lauderdale Harley-Davidson has been number one.
Between the two dealerships we service over 135 law enforcement agencies with over
450 units out on lease at this time.Some of our biggest accounts are FtLauderdale,FL
Police Department (21),Broward Sheriffs Office,FL (60),Miami,FL Police Department
(21),Miami Beach,FL Police Department (18),Tampa,FL Police Department (22),
Daytona Beach,FL Police Department (18),Volusia County Sheriffs Office,EL (22),
Clay County Sheriffs Office,FL (15),and Gulfport,MS Police Department (15).There
aremanyother departments thathavefromoneto five toten units.Wealsoservice
departments in other states asfar away asthe United States Parks Police inSan
Francisco,CA.and several police departments inthe State of Connecticut.
443 South State Road 7 •Plantation FL 33517 •Phone (954)791-6295 •Fax (954)791-6128
1899 SA 44 •New Smyrna Beach.FL 32168 -(386)4093034 «Fax (586)409-3023
A Division Of Daytona,Hariey-D&vidson
290 North Beach Street •Daytona Beach.FL 32114 >(386)255-2455 »Fax (386)258-0638 HARIEYDAVIDSOH
«S3JS^>
04/07/2004 20:08 9547916128 .PLANTATION HD PAGE 03
In an effort to foster and encourage our continuing relationship and at the same rime
underscore our strong support for the City of South Miami Police Department,Ft:
Lauderdale Harley-Davidson has continued to offer a renewal lease agreement under the
same terms and conditions asthe original lease.This relationship has lasted for five
years.
Once again,I would liketo thank you for your continued business.
Thankingyouinadvance,
Barry T.Kuhnly
Manager,PoliceandFleetSales
FtXauderdale/Daytona Harley-Davidson
...rwi.i
HUM
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease")is made this 23rd day of March,
2004 by and between Fort Lauderdale Harley Davidson,443 South State Road 7,Fort
Lauderdale,FL 33317,("Dealer"or "Lessor")and The City of South Miami,(the
"Department"or "Lessee"),whose address is 6130 Sunset Drive,South Miami,FL
33143,for the lease of police motorcycles as described in Exhibit "A"attached hereto,
for use by the Department's authorized employees in the performance of police related or
law-enforcement duties.If department policy allows,police motorcycles may be used as
takehome vehicles.Thetermsand conditions oftheLeaseareas follows:
1.Term:Theterm ofthisLeaseshallbetwenty-four(24)months
commencing onMay 1,2004 and ending on April 30,2006.Lessee shall have the right
to extend the term of this Lease,provided that Lessor agrees,upon the same terms and
conditions as provided inthe Lease.In the event Lessee elects to exercise its option to
renew the terms ofthis Lease,then Lessee shall provide Lessor withwritten notice of its
election.
2.Payment:Lessee shall make monthly lease payments toLessoronor
before the first day of each month tothe Lessor inthe amount of $250.00 for each vehicle
commencing May 1,2004 which includes customary maintenance asper rrianufacturer's
recommendation.Maintenancewillincludeallservice,tires,brakesandcost of labor
except to the extent that same are due to misuse,neglect or damage from accidents.
3.Miscellaneous Fees:Lesseeagreestopayforall official feesin
connection withthe certificate oftitle,registration and license feesandany applicable
taxes,foreachofthe leased vehicles.Lessor agrees to waive all charges with respect to
freight and dealer prep of the vehicles except those cost associated with the installation of
a police package or any other additional equipment purchased by the Department,for the
vehicles.
4.Maintenance,RepairsandOperating Expenses:Lessee is responsible
to keep the vehicles in good working order.Lessee agrees to service the vehicles
according tothe manufacturer's recommendations as outlined inthe owner's manual for
the vehicles,andas requested bythe manufecturer inany recall campaign.Lessee'suse
or repair ofthe vehicles must not invalidate any warranty.The Lessee has elected to
participate ina Lease that includes maintenance by Lessor ofthe vehicle.The cost of
such maintenance is included inthe monthly lease payment.The maintenance plan
covers parts and labor for all service and maintenance recommendations asset forth in
the Harley Davidson Owner's Manual as well astire replacement and brake repair not
necessitated by misuse,neglect,or damage from accidents.
5.Use and Subleasing:Lessee agrees thatthe vehicles (a)willbeoperated
only by authorized licensed drivers employed by Lessee as law-enforcement officers;(b)
will bekept free ofall fines,liens and encumbrances;(c)will notbeused illegally,
improperly,for hire,or contrary tothe manufacturer's recommendations;and (d)will not
be altered,marked orhave equipment installed onthemwithoutLessor's consent.The
installation of police equipment and department's police markings will be allowed.
6.Insurance:Duringtheterm oftheLeaseLesseemust maintain public
liability and physical damage insurance onthe vehicles that covers both Lessee and
Lessor.Lesseeagreesthatthe Department's own liability andpersonal injury protection
insurance will provide primary insurance coverage uptoits full policy limits.Lessor
mustbenamedas"additionalinsured"onyourinsurancepolicyand "loss payee"for
physical damage tothe equipment.Lessee will provide Lessor will evidence ofthis
insurance.Lessee's insurance policymustprovidethatLessorwillbenotifiedinwriting
atleast 10 daysbeforethe insurance is cancelled orcoveragealteredandthatLessor,or
its representatives,may have full access toany claim file intheevent of an insurable loss.
Intheevent of atotalloss,Lessee's maximumexposureshallbethe Dealer's cost of the
vehicle.
7.Notice of Accidents and Cooperation:Lesseeagreesto cooperate fully
withLessorandanyinsurancecompanyinthe investigation anddefense ofanyandall
claimsarisingfrompossessionanduse ofthe vehicles.Lesseewillmakeacomplete
reporttoLessorwithina reasonable timeperiodafterany accident,theftorloss involving
the vehicles.
8.Indemnification:Lesseeagreestoindemnifyandhold Lessor,its
affiliates,assignees,officers,agentsand employees harmlessfromalllosses,liability,
damages,injuries,claims,demands and expenses,including attorneysfees,arising out of
theuse ofthevehicleswhileinthecare,custody or control of theLessee.Lessee doesnot
waiveitsrighttosovereignimmunityunder768.28 oftheFloridaStatues.
LessoragreestoindemnifyandholdLessee,itsaffiliates,assignees,
officers,agentsandemployeesharmlessfromalllosses,liability,damages,injuries,
claims,demandsandexpenses,including attorneysfees,arisingout oftheuse of the
vehicleswhileinthecare,custody or control ofthe Lessor.
9.Limitation of Liability:Lessor shall not beliableforanyindirect or
Consequential damagesorinconvenience (except for those relatingto personal injury)
whichmayresultto Lessor fromanydamagesto,or defect in,thevehiclesforthetime
needed to repair or servicethevehicles.Monthly lease payments shall continue and not
be reduced or delayed during this time.Lessor makes no express warranties covering the
vehicles.Inparticular,Lessor makesnoexpresswarranties of vehiclecondition,
merchantability,durability or fitnessfora particular purpose ofuse covering thevehicle,
andLessorexpresslydisclaimsanysuchexpresswarranties.
10.Return of the Vehicles:Attheend ofthe Lease,the Department must
returnthevehiclesto Lessor in good condition,withoutdamage,excessivewearoruse
andwithalltheoriginal equipment installedbythe manufacturer.
FORT LAUDERDALE CITY OF SOUTH MIAMI
HARLEY DAVIDSON
By:^~
BarryKuhnly,Manager
Police/FleetSales&Leasing
EXHIBIT "A"
Lessee's Name:City of South Miami
Model Year:2004
Model Description:FLHPI,Two-Tone,BlueandSilver
Number ofUnits:2
Vehicle Identification Numbers:
1.
2.
March 23,2004