07-21-09 Item 4 (2)South Miami
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CITY OF SOUTH MIAMI 1 I r
INTER - OFFICE MEMORADUM
2001
To: Honorable, Mayor, Vice Mayor & City Commission
Via: W. Ajibola Balogun, City Manager
From: Robert F. Richardson II, Chief of Police . 4
Date: June 16, 2009 Agenda Item No:
RE: Motorcycle Rental Agreements
Resolution: 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 PETERSON
HARLEY- DAVIDSON OF MIAMI, DISBURSEMENT OF FUNDS UP TO
$10,200.00 PER YEAR FROM ACCOUNT NUMBER 1910 -521 -4450
(PURCHASE/LEASE POLICE VEHICLES), PROVIDING FOR AN
EFFECTIVE DATE.
Request: The Police Department is requesting the City to enter into a two year leasing
agreement with Peterson Harley- Davidson of Miami for two police motorcycles.
Reason/Need: The Police Department is required to enforce the traffic laws of the State of Florida
to provide for the public safety. Our motorcycle officers are an important part of our
enforcement effort. Research has shown the traffic enforcement help to reduce the
number of traffic crashes. The motorcycle officers are able to respond to the scene of
crashes, perform specialized traffic enforcement duties, and their presents acts as a
deterrent for traffic violators.
The current contract ends on June 30, 2009. This contract will be for July 1, 2009 to
June 30, 2011. Peterson Harley - Davidson's leasing cost is $425.00 per motorcycle
per month, Peterson's Harley- Davidson of Miami is the only vendor in Miami -Dade
County for the leasing of these police motorcycles; and 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;
Cost: $2,550.00 (3 months) from the 2008/09 with a balance of $2,597.00 remaining in the
account 1910 -521 -4450 $10,200.00 (12 months) from the 2009/10 and $7650.00
(9 months) from the 2010 /11 budgets respectfully.
Backup Documentation:
0 Draft Resolution, Agreement from Peterson Harley- Davidson of Miami and
Quote from Ft. Lauderdale Harley- Davidson
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RESOLUTION NO.:
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 PETERSON'S HARLEY - DAVIDSON OF MIAMI,
DISBURSEMENT OF FUNDS UP TO $10,200.00 PER YEAR FROM
ACCOUNT NUMBER 1910 -521 -4450 (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 crashes, thereby making our community safer, and
WHEREAS, motorcycles officers can quickly and safely respond to calls concerning traffic
crashes where vehicle traffic is stopped, maintain preventive traffic enforcement
programs, and provide escorts, and
WHEREAS, the previous two -year lease will expire June 30, 2009 and the term of the new two
year lease contract will commence July 1, 2009 and end on June 30, 2011,
requiring monthly payments of $425.00 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.
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 amount of $2,550.00 from the 2008/09, $10,200.00 from the
2009/10 and $7,650.00 from the 2010/11 budgets respectfully, payable to
Peterson Harley- Davidson of Miami, and charged to account number 1910 -521-
4450 (Purchase /Lease Police Vehicles), with current year (2008/09) account
balance of $2,597.00.
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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Two Police Motorcycles
Peterson Harley- Davidson 2 -Year Lease
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
day of , 2009.
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
Commissioner Sellars:
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2009 LEASE AGREEMENT FOR
HARLEY - DAVIDSON POLICE MODELS
This agreement made and entered into between PETERSON'S HARLEY- DAVIDSON OF
MIAMI, L.L.C., designated as the lessor, and the City of South Miami, designated as the lessee,
made this _ day of , 2009 for the purpose of leasing to the Lessee ( 2 )two HARLEY-
DAVIDSON Police motorcycle under the following terms and conditions:
EQUIPMENT=
2009 HARLEY- DAVIDSON model FLHP ROADKING Police solo motorcycle with the
complete description provided on attached specification sheet.
N 2. AGREEMENT TERM -
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Z The terms of this Agreement shall commence as of the date of delivery of the aforesaid police
0 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 2009 models and acquiring 2011 models
tj under the same equipment items and for the same terms,and conditions as set forth herein. If
Lessee decides not to retain the 2009 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
a police and related activities: off -duty details, funeral escorts and parades only. Any other use
U. shall require the prior written consent of Lessor.
3. PAYMENT PERIOD-
Lessee shall pay monthly payments in the amount of $425.00 for each motorcycle. Payments
include the cost of equipment, payment of interest, full maintenance and administrative costs less
a 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 during the term of this lease.
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1 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
I 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
a employees working on, in, or about the motorcycle.
The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance
i coverage described above as required by the terms and conditions of this agreement. The Lessor
LL shall be named as additional insured and loss navee.
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a S. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES -
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a The Lessee shall and does hereby indemnify and save the Lessor harmless from any and all
q liability arising out of the leasing, renting, operation, control, use, delivery and /or return of the
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a motorcycle including, but not limited to injuries causing personal injury, property damage and/or
3 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.
aThat indemnification shall include all costs and expenses including Attorney's fees incurred by
I the Lessor in connection with any suits or actions resulting from any special liability.
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,
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.
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tL 7. TAXES AND FEES-
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The Lessee shall pay any necessary 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,
M possession or use of the Motorcycle during the term of the Agreement. Both parties recognize
of that the City of South Miami is Tax exempt under Florida Law.
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8. 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
modifications, alternations or additions to the Motorcycle (other than normal operating
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.
9. DAMAGE OR DETERIORATION OF MOTORCYCLES-
In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or
W its employees prior to the end of this agreement, the Lessee will promptly have the Motorcycle
c repaired and restored to its original condition and working order. Any damage done to lease
motorcycles during the officers training will be repaired as soon as the training is completed at
Z Lessee's expense. This includes damage done to engine, transmission, clutch, brakes and not
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just the 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 $20,500.00
minus 2% for each month the agreement is in effect.
10. SELECTION OR RIDER-
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 ail reasonable dispatch within a period of thirty (30) days,
Lessor or its assigns shall have the right, at its option without any demand or notice, to pursue
any of the following remedies:
1) 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.
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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 of the motorcycle at no cost to the Lessee. Lessor shall not
supply Lessee with gasoline, tires, radios and clutches worn due to training. 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.
15. TERMINATION-
This agreement may be terminated by either party for any cause, upon thirty (30) days written
notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the
date of such termination.
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April 3, 2009
City of South Miami Police Department
Via Email: dsalemo @cityofsouthmiami.net
Lease Proposal
Peterson's Harley- Davidson of Miami, L.L.C. proposes to lease the City of South Miami
Police Department, Harley- Davidson FLHP police motorcycles. The motorcycles will
include all equipment, i.e.: lights, box, siren etc.
The lease term is twenty -four (24) months and will be billed monthly as per the pricing
schedule below.
Solid color black OR white $425.00 per month
The price includes everything except tire replacement, physical damage and repairs from
training usage.
If you have any questions, please feel free to contact me at 305- 651 -4811 ext 501.
Sincerely,
Ace Armstrong
General Manager
Peterson's Harley - Davidson of Miami (North)
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If you have any further- questions please feel free to contact me at any time. I can be
reached on my cell phone 954- 257 -2073 at any time.
Thanking you in advance,
Barry T. Kuhnly
Manager, Police and Fleet Sales „
Bruce Rossmeyer Harley- Davidson
Ft.Lauderdale/Daytona/Boston
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May. 8. 2009
s
8.48AM
May 7, 2009
Capt. Dan Salerno
South Miami Police Department ,
6130 Sunset Drive
South Miami, FL 33143
Dear Capt. Salerno:
No. 1531 P. 1
Thank you for taking the time from your busy schedule to speak with me and discuss
topics of mutual interest regarding the current fleet and related topics. Please consider
this letter as a follow up to our conversation and an open proposal offered for your review
and consideration.
Ft. Lauderdale Harley- Davidson is prepared to make the following.offer:
A
• Ft. Lauderdale Harley- Davidson is prepared to lease to the South Miami Police
Department,' 2010 FLHP Road King police motorcycles, two tone blue and silver,
with anti -lock brakes on a two year lease for $350.00 per month per motorcycle,
or $450.00 per month per motorcycle with maintenance.
• Ft. Lauderdale Harley- Davidson will install your police emergency equipment on
the new motorcycles for $350.00.
Harley- Davidson Motor Company is currently in the process of changing from 2009
model year to 2010 model year and delivery schedule is currently 60 -90 days. Should you
decide to go forward with this offer I would need a letter of intent by July 1, 2009 to try
and get the new motorcycles delivered by Septemberl, 2009.
May.14, 2009 1:58PM
MOTORCYCLE LEASE AGREEMENT
No. 1550 P. 2
This Motorcycle Lease Agreement (the "Lease ") is made this 14th day of May,
2009 by and between Bruce Rossmeyer's Fort Lauderdale Harley Davidson, 2871 North
Federal highway, Ft. Lauderdale, FL 33306, ("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 take home vehicles. The terms and conditions of the Lease are as
follows:
L Term: The term of this Lease shall be twenty -four (24) months
commencing on August 1, 2009 and ending on July 31, 2011. Lessee shall have the right
to extend the term of this Lease, provided that Lessor agrees, upon the same terms and
conditions as provided in the Lease. In the event Lessee elects to exercise its option to
renew the terms of this Lease, then Lessee shall provide Lessor with written notice of its
election.
2. Payment: Lessee shall make monthly lease payments to Lessor on or
before the first day of each month to the Lessor in the amount of $450.00 for each vehicle
commencing August 1, 2009 which includes customary maintenance as per
manufacturer's recommendation. Maintenance will include all service, tires, brakes and
cost of labor except to the extent that same are due to misuse, neglect or damage from
accidents. Accident damage, training damage, and clutch repair are not included.
3. Miscellaneous pees: Lessee agrees to pay for all official fees in
connection with the certificate of title, registration and license fees and any applicable
taxes, for each of the 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, Repairs and Operating Expenses: Lessee is responsible
to keep the vehicles in good working order. Lessee agrees to service the vehicles
according to the manufacturer's recommendations as outlined in the owner's manual for
the vehicles, and as requested by the manufacturer in any recall campaign. Lessee's use
or repair of the vehicles must not invalidate any warranty. The Lessee has elected to
participate in a Lease that includes maintenance by Lessor of the vehicle. The cost of
May, 14. 2009 1; 58PM
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No, 1550 P. 3
such maintenance is included in the monthly lease payment. The maintenance plan
covers parts and labor for all service and maintenance recommendations as set forth in
the Harley Davidson Owner's Manual as well as tire replacement and brake repair not
necessitated by misuse, neglect, or damage from accidents.
5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated
only by authorized licensed drivers employed by Lessee as law- enforcement officers; (b)
will be kept free of all fines, liens and encumbrances; (e) will not be used illegally,
improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not
be altered, marked or have equipment installed on them without Lessor's consent. The
installation of police equipment and department's police markings will be allowed.
6. Insurance: During the term of the Lease Lessee must maintain public
liability and physical damage insurance on the vehicles that covers both Lessee and
Lessor. Lessee agrees that the Department's own liability and personal injury protection
insurance will provide primary insurance coverage up to its full policy limits. Lessor
must be named as "additional insured" on your insurance policy and "loss payee" for
physical damage to the equipment. Lessee will provide Lessor will evidence of this
insurance. Lessee's insurance policy must provide that Lessor will be notified in writing
at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or
its representatives, may have full access to any claim file in the event of an insurable loss.
In the event of a total loss, Lessee's maximum exposure shall be the Dealer's cost of the
vehicle.
7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully
with Lessor and any insurance company in the investigation and defense of any and all
claims arising from possession and use of the vehicles. Lessee will make a complete
report to Lessor within a reasonable time period after any accident, theft or loss involving
the vehicles.
8. Indemnification: Lessee agrees to indemnify and hold Lessor, its
affiliates, assignees, officers, agents and employees harmless from all losses, liability,
damages, injuries, claims, demands and expenses, including attorneys fees, arising out of
the use of the vehicles while in the care, custody or control of the Lessee. Lessee does not
waive its right to sovereign immunity under 768.28 of the Florida Statues.
Lessor agrees to indemnify and hold Lessee, its affiliates, assignees,
officers, agents and employees harmless from all losses, Iiability, damages, injuries,
claims, demands and expenses, including attorneys fees, arising out of the use of the
vehicles while in the care, custody or control of the Lessor.
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May, 14. 2009 1:59PM
ki
No. 1550 P. 4
9. Limitation of Liability: Lessor shall not be liable for any indirect or
Consequential damages or inconvenience (except for those relating to personal injury)
which may result to Lessor from any damages to, or defect in, the vehicles for the time
needed to repair or service the vehicles. Monthly lease payments shall continue and not
be reduced or delayed during this time. Lessor makes no express warranties covering the
vehicles. In particular, Lessor makes no express warranties of vehicle condition,
merchantability, durability or fitness for a particular purpose of use covering the vehicle,
and Lessor expressly disclaims any such express warranties.
10. ' Retarn of the Vehicles: At the end of the Lease, the Department must
return the vehicles to Lessor in good condition, without damage, excessive wear or use
and with all the original equipment installed by the manufacturer.
FORT LAUDERDALE
HARLEY DAVIDSON
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Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
CITY OF SOUTH MIAMI
By:
Signature
Title:
Print Name
May, 14, 2009 1:59PM
EXHIBIT ".A"
May 13, 2009
Lessee's Name: City of South Miami
Model Year: 2010
Model Description: PLHP, solid black in color with anti -lock brakes
Number of Units: 2
Vehicle Identification Numbers:
1.
2.
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No, 1550 P. 5
RESOLUTION NO. 27-07-12412
A RESOLUTION OF THE MAYOR AN THE 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 PETERSON'S HARLEY DAVIDSON OF
MIAMI; DISPERSEMENT OF FUNDS ($800.00 PER MONTH FOR TWO
MOTORCYCLES) FROM ACCOUNT #001 - 1910 -521 -4450, PURCHASE/LEASE
POLICE VEHICLES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the police department must enforce the traffic laws of the State of Florida and to
provide for public safety; 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 lease expires on April 30, 2007, the new lease is two year lease with
Peterson's Harley Davidson of Miami that requires monthly payments of $400.00 per month per motorcycle;
and
WHEREAS, the funding for this request is from the Purchase /Lease Police Vehicles Account # 001-
1920 -521 -4450, with an account balance of $8,677.69 before this request; and
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA THAT:
Section 1. The City Manager is authorized to disperse $4,800.00 to Peterson's
Harley Davidson to implement a two lease /maintenance agreement.
Section 2. That the dispersement be charges to account #001- 1910 - 521 -4450 that has a
current balance of $8,677.69.
Section 3. This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this 20 day of February , 2007.
TEST: APPROVED:
11)2
CITY CLERK M YOR
Commission Vote:
READ AN AS TO FO Mayor Feliu:
Vice Mayor Wiscombe:
5-0
Yea
Yea
Commissioner Palmer:
CITY AT EY Commissioner Birts:
Yea
Yea
Commissioner Beckman:
Yea
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2007 Lease Agreement
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Between Peterson's Harley Davidson of Miami
And
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a' South Miami Police Department
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For 2 Police Motorcycles
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1HD1FHM177Y704906
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Z THIS AGREEMENT is entered into this day o 007 between
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o PETERSON'S HARLEY- DAVIDSON OF MIA TV , L. ( "Lessor ") and
a Police Department, a municipal corporation organized and existing under the laws of the
o State of Florida ( "Lessee ").
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a NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
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N covenants and payments hereinafter set forth, the Lessor and Lessee agree as follows:
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ARTICLE I
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EQUIPMENT
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2007 HARLEY - DAVIDSON model FLHP -I ROADKING Police solo motorcycle with
the following specs:
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- Black Color
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- Performance Package
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- Black Storage Light Box
- LED Light Package (Front, Side and Rear LED)
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Harley Davidson Siren
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- PA System
- Anti -Lock Brakes
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- Extra Rear Brake Lights
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- Oil Cooler
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ARTICLE II
TERM
The term of Agreement shall be for a period of twenty -four (24) months. At the end of
the agreement term, the Lessee shall have the option of returning the 2007 and models
and acquiring 2007 models under the same equipment items and conditions set forth
herein. If the Lessee decides not to retain the 2007 models, they must be returned to
Lessor.
3 ARTICLE III
z PAYMENT PERIOD
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41 Lessee shall pay monthly in the amount of $425.00 for each motorcycle. Payments
(i 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
a payable by the Lessee to Lessor on the 5'h day of each month during the term of the lease.
o ARTICLE IV
o NOTICE
a Whenever either party desires to give notice to the other, it must be given by written
notice, sent by certified United States mail, with return receipt requested, hand delivered
J or by facsimile transmission with proof of receipt, addressed to the party for whom it is
a intended, at the place last specified, and the place for giving of notice in compliance with
x the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to -wit:
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19400 NW 2 "d Ave.
a Miami, FL 33169
x Telephone: 305- 651 -4811
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a Facsimile: 305- 653 -8006
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ARTICLE V
INSURANCE
At it's 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 workers'
compensation covering all employees working on, in or about the motorcycle.
Z The Lessee shall furnish to the Lessor certificates or other satisfaction evidence of all
ainsurance coverage described above as required by the terms and conditions of this
q agreement. The Lessor shall be named as additional insured and loss payee.
ATRICLE VI
HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES
o To the extent permitted by law, the Lessee shall and does hereby indemnify and save the
o Lessor harmless from any and all liability arising out of the leasing, renting, operation,
a control, use, delivery and /or return of the motorcycle including, but not limited to injuries
o causing personal injury, property damage and /or death, except for damages resulting
w 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
N connection with any suits or actions resulting from and special liability. Nothing
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in contained herein is intended nor shall be construed to waive Lessee's right and
immunities under common law and Section 768.28, Florida Statutes.
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ARTICLE VII
LIENS
The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any
mortgage, pledge, lien, charge, 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, pledge, lien,, charge, encumbrance or claim not excepted
above if the same shall arise at any time due to the Lessees action or inaction.
ARTICLE VIII
TAXES AND FEES
The Lessee shall pay any necessary 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 is tax exempt under
Florida Law.
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ARTICLE IX
CARE AND USE
The Lessor agrees to maintain the Motorcycle pursuant to the Manufacture's Standard
Preventative Maintenance Contract and/or recommendation. All repairs shall be made at
PETERSON'S HARLEY DAVIDSON OF MIAMI, L.C, 19400 NW 2 "d Ave, Miami,
Florida 33169. The Lessee, as its own cost and expense, shall ensure delivery of the
motorcycle to PETERSON'S HARLEY - DAVIDSON OF MIAMI, 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.
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I tear, shall use the motorcycle for Police related activities only, without abuse, and shall
u not make modifications, alterations or additions to the motorcycle (other than normal
J operating accessories or controls) without written consent of the Lessor, which shall not
a be unreasonably withheld.
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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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ARTICLE X
DAMAGE OR DETERIORATION OF MOTORCYCLES
In the event the motorcycle is partially damaged or destroyed due to the actions of the
Lessee or its employees prior to the end of this agreement, the Lessee will promptly have
the motorcycle repaired and restored to its original condition and working order. Any
damage done to lease motorcycles during the officers training will be repaired as soon as
the training is completed at the Lessee's expense. This includes damage done to engine,
transmission, clutch, brakes and not just the 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 $19400.00 minus 2% for each month the
agreement is in effect.
ARTICLE XI
SELECTION OR RIDER
The Lessor reserves the right to reject any rider of his motorcycle so as to be assured that
proper handling and care is exercised.
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ARTICLE XII
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.
G ARTICLE XIII
N EVENTS OF DEFAULT AND REMEDIES
z Lessee shall be deemed to be in default hereunder upon happening of any of the
vfollowing events of default:
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A. Lessee shall fail to make any periodic, 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.
JUpon 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, Lessor or its assigns shall have the right, at its option without any
demand or notice, to pursue any of the following remedies:
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1. by 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
z 3. any action at law or in equity as may appear necessary to
o collect the payments then due and thereafter to become due, or
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J agreement or covenant of Lessee under this agreement upon
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contained herein.
ARTICLE XIV
MAINTENANCE AND EQUIPMENT
Lessor shall provide full maintenance of the motorcycle at no cost to the Lessee. Lessor
shall not supply Lessee with gasoline, tires, or radio. All maintenance shall be done at
PETERSON'S HARLEY DAVIDSON OF MIAMI, L.C., 19400 NW 2 "d Avenue,
Miami, Florida 33169.
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ARTICLE XV
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.
ARTICLE XVI
TERMINATION
This agreement may be terminated by either party for any cause, upon thirty (30) days
written notice by the terminating party. Lessor shall be entitled to ease payments due or
incurred to the date of such termination.
ARTICLE XVII
ENTIRE AGREEMENT, AMENDMENTS
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
all parties.
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ARTICLE XVIII
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 Broward County, Florida.
ARTICLE XIX
GOVERNING LAW
This agreement shall be construed in accordance with, and governed by, the laws of the
State of Florida.
ARTICLE XX
HEADINGS
Headings are for convenience of reference only and shall not be considered in any
interpretation of this Agreement.
ARTICLE XXI
SERVABILITY
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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,
M 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
a shall continue in full force and effect, and be enforced to the fullest extent permitted by
law.
ARTICLE XXII
WAIVER
Z 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.
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ARTICLE XXIII
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, the Lessor and the Lessee have caused this instrument to be
signed, all on the day and year first above written.
WITNESS:
By:
Print Name:
WITNESS:
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LESSOR:
PETERSON'S HARLEY
DAVIDSON OF MIAMI, L.C.
Ace Armstrong
Date:
LESSEE:
V TY OF SO MIAMI
TY MANAGER
Yvonne S. McKinley 14