02-20-07 Item 18To:
CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTFIR- OFFICF MFMnRANnI IM
Agenda Item # _
The Honorable Mayor Feliu and Members of the City Commission
Via: Yvonne S. McKinley, City Manage
From: Vincent A. Landis, Chief of Police
Date: February 20, 2007
Subject: Leasing of Police Motorcycles
Resolution: A RESOLUTION OF 'THE MAYOR AND 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 2
MOTORCYCLES) FROM ACCOUNT # 001- 1910- 521 -4450,
PURCHASE /LEASE POLICE VEHICLES; PROVIDING FOR AN
EFFECTIVE DATE.
Request: The Police Department is requesting -to lease its motorcycles from
Peterson's Harley Davidson of Miami.
Reason /Need: The Police Department has an obligation to enforce the traffic laws of
the State of Florida and to provide for public safety. Motorcycles play
an important role in this enforcement effort. The Police Department
currently leases its motorcycles from Fort Lauderdale Harley Davidson.
Due to the fact that they have recently moved to north Broward County,
their prices have increased to the same as Peterson's Harley Davidson
of Miami, plus Peterson's Harley Davidson has included all police
emergency equipment for the motorcycles; the Police Department has
made a decision to change vendors.
Cost: $4,800.00
Funding Source: Purchase /Lease Police Vehicles Account # 001 - 1910 - 521 -4450,
from the approved 2006/07 approved budget
Beginning Balance: $8,677.69
Request: $4,800.00
Ending Balance: $3,877.69
Backup Documentation: Draft Resolution & Copy of Lease Agreement
1 RESOLUTION NO.
2
3 A RESOLUTION OF THE MAYOR AN THE CITY COMMISSION OF THE CITY
4 OF SOUTH MIAMI, FLORIDA, AUTHORIZING THE CITY MANAGER TO
5 ENTER INTO A TWO YEAR LEASE AND MAINTENANCE CONTRACT FOR
6 TWO POLICE MOTORCYCLES WITH PETERSON'S HARLEY DAVIDSON OF
7 MIAMI; DISPERSEMENT OF FUNDS ($800.00 PER MONTH FOR TWO
8 MOTORCYCLES) FROM ACCOUNT #001 - 1910 -521 -4450, PURCHASE/LEASE
9 POLICE VEHICLES; PROVIDING FOR AN EFFECTIVE DATE.
10
11 WHEREAS, the police department must enforce the traffic laws of the State of Florida and to
12 provide for public safety; police motorcycles play an important part in this enforcement effort which has
13 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:
WA
28 Section 1.
29
30
31 Section 2.
32
33
34 Section 3.
46
The City Manager is authorized to disperse $4,800.00 to Peterson's
Harley Davidson to implement a two lease /maintenance agreement.
That the dispersement be charges to account #001- 1910 -521 -4450 that has a
current balance of $8,677.69.
This resolution shall take effect immediately upon execution.
PASSED AND ADOPTED this _ day of
ATTEST:
[$I11 K4Ia;V4
READ AND APPROVED AS TO FORM:
47 CITY ATTORNEY
48
49
50
2007.
.APPROVED:
MAYOR
Commission Vote:
:Mayor Feliu:
Vice Mayor Wiscombe:
Commissioner Palmer:
Commissioner Birts:
Commissioner Beckman:
2007 Lease Agreement
Between Peterson's Harley Davidson of Miami
And
For Police Motorcycles
THIS AGREEMENT is entered into this �_ day of , 200, between
PETERSON'S HARLEY- DAVIDSON SOUTH, L.C. (lesssor ") and
City of south Miami , a municipal corporation organized and existing
under the laws of the State of Florida ( "Lessee ").
NOW, THEREFORE, in consideration of the mutual terms and conditions, promises,
covenants and payments hereinafter set forth, the Lessor and Lessee agree as follows:
ARTICLE I
EQUIPMENT
2007 HARLEY - DAVIDSON model FLHP. -I ROADKING Police solo motorcycle with
the following specs:
- White or Black Color
- Performance Package (i.e. Air Cleaner, Muffler)
- Black Storage Light Box
- LED Light Package (Front, Side and Rear. LED)
- Harley Davidson Siren
- PA System-
- Anti -Lock Brakes
- Extra Rear Brake Lights
ARTICLE II
TERM
The tern of Agreement shall be retroactive from , and thereafter for a
period of twenty -four (24) months. At the end of the agreement term, the Lessee shall
have the option of returning the 200_ and models and acquiring 200_ models under the
same equipment items and for the same terms and conditions set forth herein. If the
Lessee decides not to retain the 200_ models, they must be returned to Lessor.
ARTICLE III
PAYMENT PERIOD
Lessee shall pay monthly in the amount of $ 400.00 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 5'h day of each month during the term of the lease.
ARTICLE IV
NOTICE
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
or by facsimile transmission with proof of receipt, addressed to the party for whom it is
intended, at the place last specified, and the place for giving of notice in compliance with
the provisions of this paragraph. For the present, the parties designate the following as the
respective places for giving of notice, to -wit:
Notice shall be deemed given upon receipt by any method of delivery authorized above.
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.
The Lessee shall furnish to the Lessor certificates or other satisfaction 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.
ATRICLE VI
HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES
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.
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 maybe 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 city of tax exempt under
Florida Law.
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 SOUTH L.C. 19825 S. DIXIE HWY. MIAMI
FL. 33157 or, 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 one of the above locations, 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, alterations 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.
However, this inspection must be pre - arranged with the Chief
of Police, so said inspection does not interfere with the
normal operation of the police departments functions.
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.
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.
ARTICLE XIII
EVENTS OF DEFAULT AND REMEDIES
Lessee shall be deemed to be in default hereunder upon happening of any of the
following events of default:
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.
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, 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 notice to Lessee, declare an amount equal to all payments
due during the agreement tenn 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.
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, or radio. All maintenance shall be done at:
PETERSON'S HARLEY- DAVIDSON SOUTH L.C. 19825 S. DIXIE HWY.
MIAMI, FL. 33157
OR
PETERSON'S HARLEY DAVIDSON OF MIAMI, L.C., 19400 NW 2"' Avenue,
Miami, Florida 33169.
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.
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 Miami --Dade 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
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 and effect, and be enforced to the fullest extent permitted by
law.
ARTICLE XXII
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.
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.
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:
Print Name:
WITNESS:
M.
Print Name:
LESSOR:
PETERSON'S HARLEY
DAVIDSON SOUTH L.C.
ED CARRERA G.M.
Date:
LESSEE:
City of South Miami
City Manager
FOR LESSOR:
FOR CITY:
Ed Carrera, General Manager
Peterson's Harley - Davidson South, L.C.
19825 S. Dixie Hwy.
Miami, FL 33157
Telephone: 305- 235 -4023
Facsimile: 305-235-4044
City of South Miami
6130 Sunset Drive
South Miami, Florida 33143
Telephone: (305) 663 -6343
Facsimile: (305) 663 -6345
With Copy To.
Rosen Switkes & Entin, P.L.
Robert Switkes, Esq.
407 Lincoln Road, Penthouse Southeast
Miami Beach, FL 33139
Telephone: 305 -534 -4757
Facsimile: 305 -538 -5504
With Copy To:
N&gld Gallop;, &Figueredo
18001 Old Cutler Road
Suite 556
Miami, Florida 33157
Telephone (30:5) 854 -5353.
Page 1 of 2
Ross, Bruce
From: Vazquez, Kathy
Sent: Friday, February 02, 2007 4:29 PM
To: Landis, Vincent
Cc: Gavalda, Teresa; Balogun, Ajibola; Ross, Bruce; McKinley, Yvonne
Subject: RE: Lease Agreement with Harley Davidson of Miami
Chief, I just spoke w/ Ed at Peterson's and he explained to me that it takes maximum 60 days from the time the
motor bikes are ordered for delivery. This means that he needs to receive the order and lease contract signed
along with a letter of intent to lease on city letterhead no later than the end of February for delivery in April when
our lease agreement w /Ft. Laud Harley expires. I would like to suggest that the resolution goes on the agenda for
the 2/20 Commission meeting in order to meet this deadline. I also explained that as soon as the commission
approves He will hear from us on the 21St. with the paperwork for the order. I also explained that the agreement
will be made in duplicates as he will need an original and we too need a signed original for the City Clerk.
I also want to bring to your attention that this vendor is not willing to change the bikes every year like Ft Laud.
Harley who did this automatically regardless what the contract stated.
Thank you
From: Vazquez, Kathy
Sent: Friday, February 02, 2007 3:59 PM
To: Ross, Bruce
Cc: Landis, Vincent; Gavalda, Teresa; Balogun, Ajibola
Subject: FW: Lease Agreement with Harley Davidson of Miami
Bruce pis don't forget that we will need a resolution for this on the next possible agenda. So far it seems that the
agreement is for 2years.
Thank you,
kathy
From: Gavalda, Teresa
Sent: Friday, February 02, 2007 2:02 PM
To: Vazquez, Kathy
Subject: FW: Lease Agreement with Harley Davidson of Miami
Teresa Gavalda
Public Information Officer
City of South Miami
6130 Sunset Drive
South Miami, FL 33143
(305 668 -2510
From: Laura Mares [mailto:lmares @ngf- law.c:om]
Sent: Thursday, February 01, 2007 4:17 PM
To: McKinley, Yvonne; ABalogun @cityofsouthmiami.net; viandis @cityofsouthmiami.net; Menendez, Maria
Cc: Luis Figueredo
Subject: Lease Agreement with Harley Davidson of Miami
2/5/2007