04-20-04 Item 15nn. r
City of South Miami
Police Department
INTER- OFFICE MEMORANDUM
DATE: April 9, 2004
SUBJECT: 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 deferred this item was for Administration to obtain further 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 and the other, Ft. Lauderdale/Daytona Harley- Davidson. We do not do 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 is Ft. Lauderdale /Daytona Harley Davidson. As in the past,
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.
Another additional asset of Ft. Lauderdale/Daytona Harley Davidson leasing program is
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 as the original lease, which has been in existence for the past five years.
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Attached is a 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 of this month.
OM/cm
Att. /
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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 NEW TWO YEAR LEASE AND
MAINTENANCE CONTRACT FOR TWO POLICE MOTORCYCLES WITH
FT. LAUDERDALE HARLEY- DAVIDSON, DISBURSEMENT OF THE
FUNDS FROM ACCOUNT NUMBER 191.0 -521 -4450 (PURCHASE/LEASE-
POLICE VEHICLES).
WHEREAS, the police department must 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 expires on May 1, 2004 and the terms of the new
two year lease contract, commencing May 1, 2004 and ending on April 30, 2006, requires that
monthly payments of $250.00 and a once per year $ 300.00 change out charge must be paid on each
motorcycle; and
WHEREAS, Ft. Lauderdale Harley- Davidson is the sole source dealer in this area for this
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 in the
amount of $13,200.00 for the two year contract ($6,600.00 per year) payable to Ft. Lauderdale
Harley- Davidson and disbursement be charged to account number 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.
PASSED AND ADOPTED this day of April, 2004.
ATTEST: APPROVED:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
MAYOR
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts- Cooper:
Commissioner Sherar:
SOUTH MIAMI POLICE DEPARTMENT
INTER-OFFICE MEMORANDUM
TO: Orlando Martinez
Chief of Police
FROM: Lieutenant D. Salern /
DATE: April 7, 2004
SUBJECT: Motorcycles
I spoke with Ed Cordera, Government Sale Representative, for Peterson Harley Davidson of
Miami 17631 South Dixie Highway Miami, FL. He stated that Peterson Harley Davidson does
not have a Police Motorcycle leasing program.
04/07/2004 20:08
9547916128
PLANTATION HD
PAGE 02
Barry T. Kulmly
Manager
April 7, 2004
Capt. Dan Salerno
South Miami Police Department
City of South. Miami.
6 130 Sunset Drive
South. Miami, FL 33143
Dear Capt. Salerno;
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 foI1.ow up to our conversation_
Mr. Bruce R.ossmeyer who owns Ft. Lauderdale Harley- Davidson located at 443 South
SR 7, Ft. Lauderdale, FL 33317, and Daytona Harley- Davidson located at 290 North
Beach Street, Daytona Beach, FL 32114 has made a strong coi r.Mtment to servicing the
Police community. barley - Davidson Motor Company bas recently named our dealerships
the number one and number two police sales dealerships of the year. It is the fourth
straight year Ft_ Lauderdale .Harley .-Davidson has been number one:
Between. the two dealerships we service over 135 Iaw enforcement_ agencies with over
450 ur its out on lease at this time. Some of our biggest accounts are F't.Lauderdaie, FL
Police Department (21), I3roward Sheriffs C1f'ice,l�i, (0), ivtiatrii, Ft, Police Department
(21), Mimi Beach, FL Police Departrnsnt (1.8), Tampa, FL Police Department (22),
Daytona Beach, FL Police Department (18), Volu.sia County Sheriffs Office, FL (22),
Clay County sheriffis office, FL (15), and G lfPort, MS Police Departmem (15), There
are many other departments that have from one to f1ve to ten units, We also service
departments in other states as far, away as the United States Parks Police in San
Francisco, CA.and several, police departments in the State of Connecticut.
443 South. State Road 7 • Plantation. FL 33317 Phone (954) 781.6295 • Fax (954) 791 -6128
1899 S.R, 44 . New Smyrna Beach, FL 32168 - (386) 409 3054 • Fax (386) 409.5023
dA Division Of Dwyb Asa, Hawley- Davidson
290 North Beach Street Daytona Beach; F1,; 32114 (386) 2552453 Fax (386) 25M638 1 1
04/07/2004 20:08 9547916128 PLANTATION HD PAGE 03
a a
In an effort to foster and encourage our continuing relationship and at the satne time
underscore cur 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 as the original lease. This relationship has lasted for five
years.
Once again, I would like to thank you for your continued business.
Thanking you in advance,
Barry T. Kuhnly
Manager, Police and Fleet Sales
Ft.Lauderdale /Daytona Harley - Davidson
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
take home vehicles. The terms and conditions of the Lease are as follows:
1. Terra: The term of this Lease shall be twenty -four (24) months
commencing on May 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 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 $250.00 for each vehicle
commencing May 1, 2004 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.
3. Miscellaneous Fees: 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
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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; (c) 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, 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 Lessor.
F)
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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. Return 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.
I i OR 414 11 Wd PAVIA 111, %rew
By:_
Barry Kuhnly, Manager
Police/Fleet Sales & Leasing
CITY OF SOUTH MIAMI
By:
Signature
Title:
Print Name
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EXHIBIT "A"
Lessee's Name: City of South Miami
Model Year: 2004
Model Description: FLHPI, Two -Tone, Blue and Silver
Number of Units: 2
Vehicle Identification Numbers:
1.
2.
E
March 23, 2004