HomeMy Public PortalAbout20-9739 Agreement with Enterprise FM TrustSponsored by: City Manager
RESOLUTION NO. 20-9739
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
FLEET MANAGEMENT MASTER EQUITY LEASE
AGREEMENT WITH ENTERPRISE FM TRUST, A
DELAWARE STATUTORY TRUST, AND
AUTHORIZING THE CITY MANAGER TO EXECUTE
SAID AGREEMENT PURSUANT TO EMERGENCY
RESOLUTION NO. 20-9736 PASSED BY THE CITY
COMMISSION ON FEBRUARY 26, 2020, AND
AUTHORIZING THE LEASE OF UP TO TEN (10) POLICE
VEHICLES PURSUANT TO THE OPEN-END (EQUITY)
LEASE RATE QUOTE FOR A TOTAL MONTHLY
RENTAL AMOUNT OF SIX HUNDRED SEVENTY FOUR
DOLLARS AND THIRTY TWO CENTS ($674.32) PER
VEHICLE; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City Manager of the City of Opa-locka ("City"), on behalf of the
Police Department, requests approval of the attached Master Equity Lease Agreement
(Exhibit "A"), pursuant to the amounts set forth in the Open -End Lease Rate Quote (
Exhibit "B"); and
WHEREAS, an analysis of the City's police fleet revealed that eighty percent
(80%) of the fleet is beyond its useful life; and
WHEREAS, ninety eight (98) out of one hundred sixteen (116) vehicles are over
ten (10) years old, which far exceeds the seven (7) year useful life, as defined by
generally accepted fixed asset accounting principles; and
WHEREAS, the City Commission has accepted the City Manager's
recommendation that an emergency exists necessitating the lease or purchase of
vehicles which will ultimately decrease the operating costs related to repairs and high
maintenance; and
Resolution No. 20-9739
WHEREAS, the City Manager has also determined that a delay through a
competitive bidding process would have been be detrimental to the interests of the City
and he has taken an oath of same pursuant to Section 2-319 of the City of Opa-Locka's
Code of Ordinances; and
WHEREAS, Enterprise Fleet Management, Inc., is a qualified company utilized
by municipalities throughout the Country; and
WHEREAS, the lease of ten (10) police vehicles shall not exceed the amount of
the current allocated City budget for police vehicles; and
WHEREAS, the City Commission finds that it is the best interest of the City to
authorize the City Manager to lease up to ten (10) police vehicles, in his discretion from
Enterprise Fleet Management, Inc. during the contract term and in accordance with the
terms.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and correct and
are incorporated into this Resolution by reference.
Section 2. Authorization of City Manager. The City Commission hereby authorizes
the City Manager to enter into an Agreement with Enterprise FM Trust for the lease of
up to ten (10) police vehicles, together with such non -material changes as may be
subsequently agreed to by the City Manager and approved as to form and legal
sufficiency by the City Attorney.
Section 3. Approval of Lease Quote. The City Commission hereby approves and
authorizes the execution, by the appropriate City Officials, of the attached Open Ended
(Equity) Lease Rate Quote with Enterprise FM Trust (Attached as Exhibit "B") together
with such non -material changes as may be subsequently agreed to by the City Manager
and approved as to form and legal sufficiency by the City Attorney.
Section 4. Effective Date.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
Resolution No. 20-9739
PASSED and ADOPTED this 11+h day of March, 2020.
Matthew A. Pigatt, Mayor
ST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -
City Attorney
Moved by: Commissioner Burke
Seconded by: Vice Mayor Davis
VOTE: 4-0
Commissioner Bass ABSENT
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
EXHIBIT "A"
nterprise
FLEET MANAGEMENT
MASTER EQUITY LEASE AGREEMENT
This Master Equity Lease Agreement is entered into this day of , by and between Enterprise FM Trust, a Delaware statutory trust
("Lessor"), and the lessee whose name and address is set forth on the signature page below ("Lessee").
1. LEASE OF VEHICLES: Lessor hereby leases to Lessee and Lessee hereby leases from Lessor the vehicles (individually, a "Vehicle" and collectively, the
"Vehicles") described in the schedules from time to time delivered by Lessor to Lessee as set forth below ("Schedule(s)") for the rentals and on the terms set forth
in this Agreement and in the applicable Schedule. References to this "Agreement" shall include this Master Equity Lease Agreement and the various Schedules
and addenda to this Master Equity Lease Agreement. Lessor will, on or about the date of delivery of each Vehicle to Lessee, send Lessee a Schedule covering the
Vehicle, which will include, among other things, a description of the Vehicle, the lease term and the monthly rental and other payments due with respect to the
Vehicle. The terms contained in each such Schedule will be binding on Lessee unless Lessee objects in writing to such Schedule within ten (10) days after the
date of delivery of the Vehicle covered by such Schedule. Lessor is the sole legal owner of each Vehicle. This Agreement is a lease only and Lessee will have no
right, title or interest in or to the Vehicles except for the use of the Vehicles as described in this Agreement. This Agreement shall be treated as a true lease for
federal and applicable state income tax purposes with Lessor having all benefits of ownership of the Vehicles. It is understood and agreed that Enterprise Fleet
Management, Inc. or an affiliate thereof (together with any subservicer, agent, successor or assign as servicer on behalf of Lessor, "Servicer") may administer
this Agreement on behalf of Lessor and may perform the service functions herein provided to be performed by Lessor.
2. TERM: The term of this Agreement ("Term") for each Vehicle begins on the date such Vehicle is delivered to Lessee (the "Delivery Date") and, unless
terminated earlier in accordance with the terms of this Agreement, continues for the "Lease Term" as described in the applicable Schedule.
3. RENT AND OTHER CHARGES:
(a) Lessee agrees to pay Lessor monthly rental and other payments according to the Schedules and this Agreement. The monthly payments will be in the
amount listed as the "Total Monthly Rental Including Additional Services" on the applicable Schedule (with any portion of such amount identified as a charge for
maintenance services under Section 4 of the applicable Schedule being payable to Lessor as agent for Enterprise Fleet Management, Inc.) and will be due and
payable in advance on the first day of each month. If a Vehicle is delivered to Lessee on any day other than the first day of a month, monthly rental payments will
begin on the first day of the next month. In addition to the monthly rental payments, Lessee agrees to pay Lessor a pro -rated rental charge for the number of days
that the Delivery Date precedes the first monthly rental payment date. A portion of each monthly rental payment, being the amount designated as "Depreciation
Reserve" on the applicable Schedule, will be considered as a reserve for depreciation and will be credited against the Delivered Price of the Vehicle for purposes
of computing the Book Value of the Vehicle under Section 3(c). Lessee agrees to pay Lessor the "Total Initial Charges" set forth in each Schedule on the due date
of the first monthly rental payment under such Schedule. Lessee agrees to pay Lessor the "Service Charge Due at Lease Termination" set forth in each Schedule
at the end of the applicable Term (whether by reason of expiration, early termination or otherwise).
(b) In the event the Term for any Vehicle ends prior to the last day of the scheduled Term, whether as a result of a default by Lessee, a Casualty Occurrence
or any other reason, the rentals and management fees paid by Lessee will be recalculated in accordance with the rule of 78's and the adjusted amount will be
payable by Lessee to Lessor on the termination date.
(c) Lessee agrees to pay Lessor within thirty (30) days after the end of the Term for each Vehicle, additional rent equal to the excess, if any, of the Book Value
of such Vehicle over the greater of (i) the wholesale value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent
(20%) of the Delivered Price of such Vehicle as set forth in the applicable Schedule. If the Book Value of such Vehicle is less than the greater of (i) the wholesale
value of such Vehicle as determined by Lessor in good faith or (ii) except as provided below, twenty percent (20%) of the Delivered Price of such Vehicle as
set forth in the applicable Schedule, Lessor agrees to pay such deficiency to Lessee as a terminal rental adjustment within thirty (30) days after the end of the
applicable Term. Notwithstanding the foregoing, if (i) the Term for a Vehicle is greater than forty-eight (48) months (including any extension of the Term for such
Vehicle), (ii) the mileage on a Vehicle at the end of the Term is greater than 15,000 miles per year on average (prorated on a daily basis) (i.e., if the mileage on a
Vehicle with a Term of thirty-six (36) months is greater than 45,000 miles) or (iii) in the sole judgment of Lessor, a Vehicle has been subject to damage or any
abnormal or excessive wear and tear, the calculations described in the two immediately preceding sentences shall be made without giving effect to clause (ii) in
each such sentence. The "Book Value" of a Vehicle means the sum of (i) the "Delivered Price" of the Vehicle as set forth in the applicable Schedule minus (ii) the
total Depreciation Reserve paid by Lessee to Lessor with respect to such Vehicle plus (iii) all accrued and unpaid rent and/or other amounts owed by Lessee with
respect to such Vehicle.
(d) Any security deposit of Lessee will be returned to Lessee at the end of the applicable Term, except that the deposit will first be applied to any losses and/
or damages suffered by Lessor as a result of Lessee's breach of or default under this Agreement and/or to any other amounts then owed by Lessee to Lessor.
(e) Any rental payment or other amount owed by Lessee to Lessor which is not paid within twenty (20) days after its due date will accrue interest, payable
on demand of Lessor, from the date due until paid in full at a rate per annum equal to the lesser of (i) Eighteen Percent (18%) per annum or (ii) the highest rate
permitted by applicable law (the "Default Rate").
(f) If Lessee fails to pay any amount due under this Agreement or to comply with any of the covenants contained in this Agreement, Lessor, Servicer or any
other agent of Lessor may, at its option, pay such amounts or perform such covenants and all sums paid or incurred by Lessor in connection therewith will be
repayable by Lessee to Lessor upon demand together with interest thereon at the Default Rate.
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(g) Lessee's obligations to make all payments of rent and other amounts under this Agreement are absolute and unconditional and such payments shall be
made in immediately available funds without setoff, counterclaim or deduction of any kind. Lessee acknowledges and agrees that neither any Casualty Occurrence
to any Vehicle nor any defect, unfitness or lack of governmental approval in, of, or with respect to, any Vehicle regardless of the cause or consequence nor
any breach by Enterprise Fleet Management, Inc. of any maintenance agreement between Enterprise Fleet Management, Inc. and Lessee covering any Vehicle
regardless of the cause or consequence will relieve Lessee from the performance of any of its obligations under this Agreement, including, without limitation, the
payment of rent and other amounts under this Agreement.
4. USE AND SURRENDER OF VEHICLES: Lessee agrees to allow only duly authorized, licensed and insured drivers to use and operate the Vehicles. Lessee
agrees to comply with, and cause its drivers to comply with, all laws, statutes, rules, regulations and ordinances and the provisions of all insurance policies
affecting or covering the Vehicles or their use or operation. Lessee agrees to keep the Vehicles free of all liens, charges and encumbrances. Lessee agrees that
in no event will any Vehicle be used or operated for transporting hazardous substances or persons for hire, for any illegal purpose or to pull trailers that exceed
the manufacturer's trailer towing recommendations. Lessee agrees that no Vehicle is intended to be or will be utilized as a "school bus" as defined in the Code of
Federal Regulations or any applicable state or municipal statute or regulation. Lessee agrees not to remove any Vehicle from the continental United States without
first obtaining Lessor's written consent. At the expiration or earlier termination of this Agreement with respect to each Vehicle, or upon demand by Lessor made
pursuant to Section 14, Lessee at its risk and expense agrees to return such Vehicle to Lessor at such place and by such reasonable means as may be designated
by Lessor. If for any reason Lessee fails to return any Vehicle to Lessor as and when required in accordance with this Section, Lessee agrees to pay Lessor
additional rent for such Vehicle at twice the normal pro -rated daily rent. Acceptance of such additional rent by Lessor will in no way limit Lessor's remedies with
respect to Lessee's failure to return any Vehicle as required hereunder.
5. COSTS, EXPENSES, FEES AND CHARGES: Lessee agrees to pay all costs, expenses, fees, charges, fines, tickets, penalties and taxes (other than federal and
state income taxes on the income of Lessor) incurred in connection with the titling, registration, delivery, purchase, sale, rental, use or operation of the Vehicles
during the Term. If Lessor, Servicer or any other agent of Lessor incurs any such costs or expenses, Lessee agrees to promptly reimburse Lessor for the same.
6. LICENSE AND CHARGES: Each Vehicle will be titled and licensed in the name designated by Lessor at Lessee's expense. Certain other charges relating to
the acquisition of each Vehicle and paid or satisfied by Lessor have been capitalized in determining the monthly rental, treated as an initial charge or otherwise
charged to Lessee. Such charges have been determined without reduction for trade-in, exchange allowance or other credit attributable to any Lessor -owned
vehicle.
7. REGISTRATION PLATES, ETC.: Lessee agrees, at its expense, to obtain in the name designated by Lessor all registration plates and other plates, permits,
inspections and/or licenses required in connection with the Vehicles, except for the initial registration plates which Lessor will obtain at Lessee's expense. The
parties agree to cooperate and to furnish any and all information or documentation, which may be reasonably necessary for compliance with the provisions of
this Section or any federal, state or local law, rule, regulation or ordinance. Lessee agrees that it will not permit any Vehicle to be located in a state other than
the state in which such Vehicle is then titled for any continuous period of time that would require such Vehicle to become subject to the titling and/or registration
laws of such other state.
8. MAINTENANCE OF AND IMPROVEMENTS TO VEHICLES:
(a) Lessee agrees, at its expense, to (i) maintain the Vehicles in good condition, repair, maintenance and running order and in accordance with all
manufacturer's instructions and warranty requirements and all legal requirements and (ii) furnish all labor, materials, parts and other essentials required for
the proper operation and maintenance of the Vehicles. Any alterations, additions, replacement parts or improvements to a Vehicle will become and remain the
property of Lessor and will be returned with such Vehicle upon such Vehicle's return pursuant to Section 4. Notwithstanding the foregoing, so long as no Event
of Default has occurred and is continuing, Lessee shall have the right to remove any additional equipment installed by Lessee on a Vehicle prior to returning such
Vehicle to Lessor under Section 4. The value of such alterations, additions, replacement parts and improvements will in no instance be regarded as rent. Without
the prior written consent of Lessor, Lessee will not make any alterations, additions, replacement parts or improvements to any Vehicle which detract from its
economic value or functional utility. Lessor will not be required to make any repairs or replacements of any nature or description with respect to any Vehicle, to
maintain or repair any Vehicle or to make any expenditure whatsoever in connection with any Vehicle or this Agreement.
(b) Lessor and Lessee acknowledge and agree that if Section 4 of a Schedule includes a charge for maintenance, (i) the Vehicle(s) covered by such Schedule
are subject to a separate maintenance agreement between Enterprise Fleet Management, Inc. and Lessee and (ii) Lessor shall have no liability or responsibility
for any failure of Enterprise Fleet Management, Inc. to perform any of its obligations thereunder or to pay or reimburse Lessee for its payment of any costs and
expenses incurred in connection with the maintenance or repair of any such Vehicle(s).
9. SELECTION OF VEHICLES AND DISCLAIMER OF WARRANTIES:
(a) LESSEE ACCEPTANCE OF DELIVERY AND USE OF EACH VEHICLE WILL CONCLUSIVELY ESTABLISH THAT SUCH VEHICLE IS OF A SIZE, DESIGN,
CAPACITY, TYPE AND MANUFACTURE SELECTED BY LESSEE AND THAT SUCH VEHICLE IS IN GOOD CONDITION AND REPAIR AND IS SATISFACTORY IN ALL
RESPECTS AND IS SUITABLE FOR LESSEE'S PURPOSE. LESSEE ACKNOWLEDGES THAT LESSOR IS NOT A MANUFACTURER OF ANY VEHICLE OR AN AGENT
OF A MANUFACTURER OF ANY VEHICLE.
(b) LESSOR MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY VEHICLE, INCLUDING, WITHOUT
LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, IT BEING AGREED
THAT ALL SUCH RISKS ARE TO BE BORNE BY LESSEE. THE VEHICLES ARE LEASED "AS IS," "WITH ALL FAULTS." All warranties made by any supplier, vendor
and/or manufacturer of a Vehicle are hereby assigned by Lessor to Lessee for the applicable Term and Lessee's only remedy, if any, is against the supplier, vendor
or manufacturer of the Vehicle.
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(c) None of Lessor, Servicer or any other agent of Lessor will be liable to Lessee for any liability, claim, loss, damage (direct, incidental or consequential)
or expense of any kind or nature, caused directly or indirectly, by any Vehicle or any inadequacy of any Vehicle for any purpose or any defect (latent or patent) in
any Vehicle or the use or maintenance of any Vehicle or any repair, servicing or adjustment of or to any Vehicle, or any delay in providing or failure to provide any
Vehicle, or any interruption or loss of service or use of any Vehicle, or any loss of business or any damage whatsoever and however caused. In addition, none of
Lessor, Servicer or any other agent of Lessor will have any liability to Lessee under this Agreement or under any order authorization form executed by Lessee if
Lessor is unable to locate or purchase a Vehicle ordered by Lessee or for any delay in delivery of any Vehicle ordered by Lessee.
10. RISK OF LOSS: Lessee assumes and agrees to bear the entire risk of loss of, theft of, damage to or destruction of any Vehicle from any cause whatsoever
("Casualty Occurrence"). In the event of a Casualty Occurrence to a Vehicle, Lessee shall give Lessor prompt notice of the Casualty Occurrence and thereafter
will place the applicable Vehicle in good repair, condition and working order; provided, however, that if the applicable Vehicle is determined by Lessor to be lost,
stolen, destroyed or damaged beyond repair (a "Totaled Vehicle"), Lessee agrees to pay Lessor no later than the date thirty (30) days after the date of the Casualty
Occurrence the amounts owed under Sections 3(b) and 3(c) with respect to such Totaled Vehicle. Upon such payment, this Agreement will terminate with respect
to such Totaled Vehicle.
11. INSURANCE:
(a) Lessee agrees to purchase and maintain in force during the Term, insurance policies in at least the amounts listed below covering each Vehicle, to be
written by an insurance company or companies satisfactory to Lessor, insuring Lessee, Lessor and any other person or entity designated by Lessor against any
damage, claim, suit, action or liability:
(i) Commercial Automobile Liability Insurance (including Uninsured/Underinsured Motorist Coverage and No -Fault Protection where required by law) for
the limits listed below (Note - $2,000,000 Combined Single Limit Bodily Injury and Property Damage with No Deductible is required for each Vehicle capable of
transporting more than 8 passengers):
State of Vehicle Registration Coverage
Connecticut, Massachusetts, Maine, New Hampshire, New Jersey,
New York, Pennsylvania, Rhode Island, and Vermont
Florida
All Other States
$1,000,000 Combined Single Limit Bodily Injury and Property Damage
- No Deductible
$500,000 Combined Single Limit Bodily Injury and Property Damage
or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and
$50,000 Property Damage (100/300/50) - No Deductible
$300,000 Combined Single Limit Bodily Injury and Property Damage
or $100,000 Bodily Injury Per Person, $300,000 Per Occurrence and
$50,000 Property Damage (100/300/50) - No Deductible
(ii) Physical Damage Insurance (Collision & Comprehensive): Actual cash value of the applicable Vehicle. Maximum deductible of $500 per occurrence -
Collision and $250 per occurrence - Comprehensive).
If the requirements of any governmental or regulatory agency exceed the minimums stated in this Agreement, Lessee must obtain and maintain the higher
insurance requirements. Lessee agrees that each required policy of insurance will by appropriate endorsement or otherwise name Lessor and any other person
or entity designated by Lessor as additional insureds and loss payees, as their respective interests may appear. Further, each such insurance policy must provide
the following: (i) that the same may not be cancelled, changed or modified until after the insurer has given to Lessor, Servicer and any other person or entity
designated by Lessor at least thirty (30) days prior written notice of such proposed cancellation, change or modification, (ii) that no act or default of Lessee or any
other person or entity shall affect the right of Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns to recover under such
policy or policies of insurance in the event of any loss of or damage to any Vehicle and (iii) that the coverage is "primary coverage" for the protection of Lessee,
Lessor, Servicer, any other agent of Lessor and their respective successors and assigns notwithstanding any other coverage carried by Lessee, Lessor, Servicer,
any other agent of Lessor or any of their respective successors or assigns protecting against similar risks. Original certificates evidencing such coverage and
naming Lessor, Servicer, any other agent of Lessor and any other person or entity designated by Lessor as additional insureds and loss payees shall be furnished
to Lessor prior to the Delivery Date, and annually thereafter and/or as reasonably requested by Lessor from time to time. In the event of default, Lessee hereby
appoints Lessor, Servicer and any other agent of Lessor as Lessee's attorney -in -fact to receive payment of, to endorse all checks and other documents and to
take any other actions necessary to pursue insurance claims and recover payments if Lessee fails to do so. Any expense of Lessor, Servicer or any other agent
of Lessor in adjusting or collecting insurance shall be borne by Lessee.
Lessee, its drivers, servants and agents agree to cooperate fully with Lessor, Servicer, any other agent of Lessor and any insurance carriers in the investigation,
defense and prosecution of all claims or suits arising from the use or operation of any Vehicle. If any claim is made or action commenced for death, personal
injury or property damage resulting from the ownership, maintenance, use or operation of any Vehicle, Lessee will promptly notify Lessor of such action or claim
and forward to Lessor a copy of every demand, notice, summons or other process received in connection with such claim or action.
(b) Notwithstanding the provisions of Section 11(a) above: (i) if Section 4 of a Schedule includes a charge for physical damage waiver, Lessor agrees that
(A) Lessee will not be required to obtain or maintain the minimum physical damage insurance (collision and comprehensive) required under Section 11(a) for
the Vehicle(s) covered by such Schedule and (B) Lessor will assume the risk of physical damage (collision and comprehensive) to the Vehicle(s) covered by
such Schedule; provided, however, that such physical damage waiver shall not apply to, and Lessee shall be and remain liable and responsible for, damage to
a covered Vehicle caused by wear and tear or mechanical breakdown or failure, damage to or loss of any parts, accessories or components added to a covered
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Vehicle by Lessee without the prior written consent of Lessor and/or damage to or loss of any property and/or personal effects contained in a covered Vehicle.
In the event of a Casualty Occurrence to a covered Vehicle, Lessor may, at its option, replace, rather than repair, the damaged Vehicle with an equivalent vehicle,
which replacement vehicle will then constitute the "Vehicle" for purposes of this Agreement; and (ii) if Section 4 of a Schedule includes a charge for commercial
automobile liability enrollment, Lessor agrees that it will, at its expense, obtain for and on behalf of Lessee, by adding Lessee as an additional insured under a
commercial automobile liability insurance policy issued by an insurance company selected by Lessor, commercial automobile liability insurance satisfying the
minimum commercial automobile liability insurance required under Section 11(a) for the Vehicle(s) covered by such Schedule. Lessor may at any time during the
applicable Term terminate said obligation to provide physical damage waiver and/or commercial automobile liability enrollment and cancel such physical damage
waiver and/or commercial automobile liability enrollment upon giving Lessee at least ten (10) days prior written notice. Upon such cancellation, insurance in the
minimum amounts as set forth in 11(a) shall be obtained and maintained by Lessee at Lessee's expense. An adjustment will be made in monthly rental charges
payable by Lessee to reflect any such change and Lessee agrees to furnish Lessor with satisfactory proof of insurance coverage within ten (10) days after mailing
of the notice. In addition, Lessor may change the rates charged by Lessor under this Section 11(b) for physical damage waiver and/or commercial automobile
liability enrollment upon giving Lessee at least thirty (30) days prior written notice.
12. INDEMNITY: To the extent permitted by state law, Lessee agrees to defend and indemnify Lessor, Servicer, any other agent of Lessor and their respective
successors and assigns from and against any and all losses, damages, liabilities, suits, claims, demands, costs and expenses (including, without limitation,
reasonable attorneys' fees and expenses) which Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns may incur by reason
of Lessee's breach or violation of, or failure to observe or perform, any term, provision or covenant of this Agreement, or as a result of any loss, damage, theft
or destruction of any Vehicle or related to or arising out of or in connection with the use, operation or condition of any Vehicle. The provisions of this Section 12
shall survive any expiration or termination of this Agreement. Nothing herein shall be deemed to affect the rights, privileges, and immunities of Lessee and the
foregoing indemnity provision is not intended to be a waiver of any sovereign immunity afforded to Lessee pursuant to the law.
13. INSPECTION OF VEHICLES; ODOMETER DISCLOSURE; FINANCIAL STATEMENTS: Lessee agrees to accomplish, at its expense, all inspections of the
Vehicles required by any governmental authority during the Term. Lessor, Servicer, any other agent of Lessor and any of their respective successors or assigns
will have the right to inspect any Vehicle at any reasonable time(s) during the Term and for this purpose to enter into or upon any building or place where
any Vehicle is located. Lessee agrees to comply with all odometer disclosure laws, rules and regulations and to provide such written and signed disclosure
information on such forms and in such manner as directed by Lessor. Providing false information or failure to complete the odometer disclosure form as required
by law may result in fines and/or imprisonment. Lessee hereby agrees to promptly deliver to Lessor such financial statements and other financial information
regarding Lessee as Lessor may from time to time reasonably request.
14. DEFAULT; REMEDIES: The following shall constitute events of default ("Events of Default") by Lessee under this Agreement: (a) if Lessee fails to pay when
due any rent or other amount due under this Agreement and any such failure shall remain unremedied for ten (10) days; (b) if Lessee fails to perform, keep or
observe any term, provision or covenant contained in Section 11 of this Agreement; (c) if Lessee fails to perform, keep or observe any other term, provision or
covenant contained in this Agreement and any such failure shall remain unremedied for thirty (30) days after written notice thereof is given by Lessor, Servicer
or any other agent of Lessor to Lessee; (d) any seizure or confiscation of any Vehicle or any other act (other than a Casualty Occurrence) otherwise rendering any
Vehicle unsuitable for use (as determined by Lessor); (e) if any present or future guaranty in favor of Lessor of all or any portion of the obligations of Lessee under
this Agreement shall at any time for any reason cease to be in full force and effect or shall be declared to be null and void by a court of competent jurisdiction, or
if the validity or enforceability of any such guaranty shall be contested or denied by any guarantor, or if any guarantor shall deny that it, he or she has any further
liability or obligation under any such guaranty or if any guarantor shall fail to comply with or observe any of the terms, provisions or conditions contained in any
such guaranty; (f) the occurrence of a material adverse change in the financial condition or business of Lessee or any guarantor; or (g) if Lessee or any guarantor
is in default under or fails to comply with any other present or future agreement with or in favor of Lessor, The Crawford Group, Inc. or any direct or indirect
subsidiary of The Crawford Group, Inc.. For purposes of this Section 14, the term "guarantor" shall mean any present or future guarantor of all or any portion of
the obligations of Lessee under this Agreement.
Upon the occurrence of any Event of Default, Lessor, without notice to Lessee, will have the right to exercise concurrently or separately (and without any election
of remedies being deemed made), the following remedies: (a) Lessor may demand and receive immediate possession of any or all of the Vehicles from Lessee,
without releasing Lessee from its obligations under this Agreement; if Lessee fails to surrender possession of the Vehicles to Lessor on default (or termination
or expiration of the Term), Lessor, Servicer, any other agent of Lessor and any of Lessor's independent contractors shall have the right to enter upon any
premises where the Vehicles may be located and to remove and repossess the Vehicles; (b) Lessor may enforce performance by Lessee of its obligations under
this Agreement; (c) Lessor may recover damages and expenses sustained by Lessor, Servicer, any other agent of Lessor or any of their respective successors
or assigns by reason of Lessee's default including, to the extent permitted by applicable law, all costs and expenses, including court costs and reasonable
attorneys' fees and expenses, incurred by Lessor, Servicer, any other agent of Lessor or any of their respective successors or assigns in attempting or effecting
enforcement of Lessor's rights under this Agreement (whether or not litigation is commenced) and/or in connection with bankruptcy or insolvency proceedings;
(d) upon written notice to Lessee, Lessor may terminate Lessee's rights under this Agreement; (e) with respect to each Vehicle, Lessor may recover from Lessee
all amounts owed by Lessee under Sections 3(b) and 3(c) of this Agreement (and, if Lessor does not recover possession of a Vehicle, (i) the estimated wholesale
value of such Vehicle for purposes of Section 3(c) shall be deemed to be $0.00 and (ii) the calculations described in the first two sentences of Section 3(c) shall be
made without giving effect to clause (ii) in each such sentence); and/or (f) Lessor may exercise any other right or remedy which may be available to Lessor under
the Uniform Commercial Code, any other applicable law or in equity. A termination of this Agreement shall occur only upon written notice by Lessor to Lessee.
Any termination shall not affect Lessee's obligation to pay all amounts due for periods prior to the effective date of such termination or Lessee's obligation to pay
any indemnities under this Agreement. All remedies of Lessor under this Agreement or at law or in equity are cumulative.
15. ASSIGNMENTS: Lessor may from time to time assign, pledge or transfer this Agreement and/or any or all of its rights and obligations under this Agreement
to any person or entity. Lessee agrees, upon notice of any such assignment, pledge or transfer of any amounts due or to become due to Lessor under this
Agreement to pay all such amounts to such assignee, pledgee or transferee. Any such assignee, pledgee or transferee of any rights or obligations of Lessor under
this Agreement will have all of the rights and obligations that have been assigned to it. Lessee's rights and interest in and to the Vehicles are and will continue
Initials: EFM Customer
at all times to be subject and subordinate in all respects to any assignment, pledge or transfer now or hereafter executed by Lessor with or in favor of any such
assignee, pledgee or transferee, provided that Lessee shall have the right of quiet enjoyment of the Vehicles so long as no Event of Default under this Agreement
has occurred and is continuing. Lessee acknowledges and agrees that the rights of any assignee, pledgee or transferee in and to any amounts payable by the
Lessee under any provisions of this Agreement shall be absolute and unconditional and shall not be subject to any abatement whatsoever, or to any defense,
setoff, counterclaim or recoupment whatsoever, whether by reason of any damage to or loss or destruction of any Vehicle or by reason of any defect in or failure
of title of the Lessor or interruption from whatsoever cause in the use, operation or possession of any Vehicle, or by reason of any indebtedness or liability
howsoever and whenever arising of the Lessor or any of its affiliates to the Lessee or to any other person or entity, or for any other reason.
Without the prior written consent of Lessor, Lessee may not assign, sublease, transfer or pledge this Agreement, any Vehicle, or any interest in this Agreement
or in and to any Vehicle, or permit its rights under this Agreement or any Vehicle to be subject to any lien, charge or encumbrance. Lessee's interest in this
Agreement is not assignable and cannot be assigned or transferred by operation of law. Lessee will not transfer or relinquish possession of any Vehicle (except
for the sole purpose of repair or service of such Vehicle) without the prior written consent of Lessor.
16. MISCELLANEOUS: This Agreement contains the entire understanding of the parties. This Agreement may only be amended or modified by an instrument
in writing executed by both parties. Lessor shall not by any act, delay, omission or otherwise be deemed to have waived any of its rights or remedies under this
Agreement and no waiver whatsoever shall be valid unless in writing and signed by Lessor and then only to the extent therein set forth. A waiver by Lessor of
any right or remedy under this Agreement on any one occasion shall not be construed as a bar to any right or remedy, which Lessor would otherwise have on
any future occasion. If any term or provision of this Agreement or any application of any such term or provision is invalid or unenforceable, the remainder of this
Agreement and any other application of such term or provision will not be affected thereby. Giving of all notices under this Agreement will be sufficient if mailed
by certified mail to a party at its address set forth below or at such other address as such party may provide in writing from time to time. Any such notice mailed
to such address will be effective one (1) day after deposit in the United States mail, duly addressed, with certified mail, postage prepaid. Lessee will promptly
notify Lessor of any change in Lessee's address. This Agreement may be executed in multiple counterparts (including facsimile and pdf counterparts), but the
counterpart marked "ORIGINAL" by Lessor will be the original lease for purposes of applicable law. All of the representations, warranties, covenants, agreements
and obligations of each Lessee under this Agreement (if more than one) are joint and several.
17. SUCCESSORS AND ASSIGNS; GOVERNING LAW: Subject to the provisions of Section 15, this Agreement will be binding upon Lessee and its heirs,
executors, personal representatives, successors and assigns, and will inure to the benefit of Lessor, Servicer, any other agent of Lessor and their respective
successors and assigns. This Agreement will be governed by and construed in accordance with the substantive laws of the State of Missouri (determined without
reference to conflict of law principles).
18. NON -PETITION: Each party hereto hereby covenants and agrees that, prior to the date which is one year and one day after payment in full of all indebtedness
of Lessor, it shall not institute against, or join any other person in instituting against, Lessor any bankruptcy, reorganization, arrangement, insolvency or
liquidation proceedings or other similar proceeding under the laws of the United -States or any state of the United States. The provisions of this Section 18 shall
survive termination of this Master Equity Lease Agreement.
19. NON -APPROPRIATION: Lessee's funding of this. Agreement shall be on a Fiscal Year basis and is subject to annual appropriations. Lessor acknowledges
that Lessee is a municipal corporation, is precluded by the County or State Constitution and other laws from entering into obligations that financially bind future
governing bodies, and that, therefore, nothing in this Agreement shall constitute an obligation of future legislative bodies of the County or State to appropriate
funds for purposes of this Agreement. Accordingly, the parties agree that the lease terms within this Agreement or any Schedules relating hereto are contingent
upon appropriation of funds. The parties further agree that should the County or State fail to appropriate such funds, the Lessor shall be paid all rentals due
and owing hereunder up until the actual day of termination. In addition, Lessor reserves the right to be paid for any reasonable damages. Thesereasonable
damages will be limited to the losses incurred by the Lessor for having to sell the vehicles on the open used car market prior to the end of the scheduled term (as
determined in Section 3 and Section 14 of this Agreement).
IN WITNESS WHEREOF, Lessor and Lessee have duly executed this Master Equity Lease Agreement as of the day and year first above written.
LESSEE:
Signature:
By:
Title:
Address:
Date Signed:
LESSOR: Enterprise FM Trust
By: Enterprise Fleet Management, Inc. its attorney in fact
Signature:
By:
Title:
Address:
Date Signed:
Initials: EFM Customer
B 2018 Enterprise Fleet Management, Inc. H02744_Gev Equity
EXHIBIT "B"
. .:nterprise
FLEET
MANAGEMENT
Open -End (Equity) Lease Rate Quote
Quote No: 4581711
Prepared For: City of Opa-Locka, Florida
Unit #
Year 2020 Make Dodge Model Durango
Series Pursuit 4dr All -wheel Drive
Vehicle Order Type Ordered Term 60 State FL Customer# 393863
Date 02/21/2020
AE/AM BH9/KSW
$ 38,267.35
$ 0.00
$ 0.00
$ 0.00
$ 200.00
$ 5,348.70
$ 0.00
$ 0.00
$ 0.00
$ 0.00
$ 0.00
Capitalized Price of Vehicles
• Sales Tax 0.0000% State FL
• Initial License Fee
• Registration Fee
Other.Courtesy Delivery Fee
• Capitalized Price Reduction
• Tax on Capitalized Price Reduction
Gain Applied From Prior Unit
* Tax on Gain On Prior
Security Deposit
* Tax on Incentive( Taxable Incentive Total : $0.00 )
$ 33,118.65
$ 551.76
$ 122.56
All language and acknowledgments contained in the signed quote
apply to all vehicles that are ordered under this signed quote.
Order Information
Driver Name
Exterior Color (0 P) White Knuckle Clearcoat
Interior Color (0 I) Black w/Cloth Low -Back Bucket Seats
Lic. Plate Type Government
GVWR 0
Total Capitalized Amount (Delivered Price)
Depreciation Reserve @ 1.6660%
Monthly Lease Charge (Based on Interest Rate - Subject to a Floor)2
$ 674.32 Total Monthly Rental Excluding Additional Services
Additional Fleet Management
Master Policy Enrollment Fees
$ 0.00 Commercial Automobile Liability Enrollment
Liability Limit $0.00
$ 0.00 Physical Damage Management Comp/Coll Deductible 0 / 0
$ 0.00 Full Maintenance Program3 Contract Miles 0 OverMileage Charge $ 0.0000 Per Mile
Incl: # Brake Sets (1 set = 1 Axle) 0 # Tires 0 Loaner Vehicle Not Included
$ 0.00 Additional Services SubTotal
$ 0.00
Sales Tax 7.0000%
$ 674.32 Total Monthly Rental Including Additional Services
$ 13.05 Reduced Book Value at 60 Months
$ 400.00 Service Charge Due at Lease Termination
Quote based on estimated annual mileage of 10,000
(Current market and vehicle conditions may also affect value of vehicle)
(Quote is Subject to Customers Credit Approval)
Notes
State FL
Enterprise FM Trust will be the owner of the vehicle covered by this Quote. Enterprise FM Trust (not Enterprise Fleet Management) will be the Lessor of such vehicle under the Master
Open - End (Equity) LeaseAgreementand shall have all rights and obligations of the Lessor under the Master Open - End (Equity) Lease Agreement with respect to such vehicle.
ALL TAX AND LICENSE FEES TO BE BILLED TO LESSEE AS THEY OCCUR.
Lessee hereby authorizes this vehicle order, agrees to lease the vehicle on the terms set forth herein and in the Master Equity Lease Agreement and
agrees that Lessor shall have the right to collect damages in the event Lessee fails or refuses to accept delivery of the ordered vehicle.
Lessee certifies that it intends that more than 50% of the use of the vehicle is to be in a trade or business of the Lessee.
LESSEE City of Opa-Locka, Florida
BY
TITLE DATE
• INDICATES ITEMS TO BE BILLED ON DELIVERY.
1 Capitalized Price of Vehicle May be Adjusted to Reflect Final Manufacturer's Invoice. Lessee Hereby Assigns to Lessor any Manufacturer Rebates And/Or Manufacturer Incentives Intended for the Lessee, Which
Rebates And/Or Incentives Have Been Used By Lessor to Reduce the Capitalized Price of the Vehicle.
2 Monthly Lease Charge Will Be Adjusted to Reflect the Interest Rate on the Delivery Dale (Subject to a Floor).
3 The inclusion herein of references to maintenance fees/services are solely for the administrative convenience of Lessee. Notwithstanding the inclusion of such references in this [Invoice/Schedule/Quote], all such
maintenance services are to be performed by Enterprise Fleet Management, Inc., and all such maintenance fees are payable by Lessee solely for the account of Enterprise Fleet Management, Inc., pursuant to that
certain separate [Maintenance Agreement] entered into by and between Lessee and Enterprise Fleet Management, Inc.; provided.that such maintenance fees are being billed by Enterprise FM Trust, and are payable
at the direction of Enterprise FM Trust, solely as an authorized agent for collection on behalf of Enterprise Fleet Management, Inc.
Printed On 02/21/2020 09:00 AM Page 1 of 6
".enterprise
FLEET
MANAGEMENT
Open -End (Equity) Lease Rate Quote
Quote No: 4581711
Aftermarket Equipment Total
1;; F u'i s x ,YJ$ `f lY ' t � , -,,f r>� ^, r '�
'.. . ., iDescriptioni�; ":: xf �s :.:.` ,� r' �'i
r tea rt. 4,- s, a 7r:r� '�'V ..
B filled. or C a ed�..
' ,r .1) ` i 1 pp
+4
:_� , tr,
r
Public Safety Supply (Miami Branch) - Quote 621 given on 2/18/2020
C
$ 10,697.41
Total Aftermarket Equipment Billed
$ 0.00
Total Aftermarket Equipment Capitalized
$ 10,697.41
Aftermarket Equipment Total
$ 10,697.41
Printed On 02/21/2020 09:00 AM Page 2 of 6
--enterprise
FLEET
MANAGEMENT
Open -End (Equity) Lease Rate Quote
Quote No: 4581711
VEHICLE INFORMATION:
2020 Dodge Durango Pursuit 4dr All -wheel Drive - US
Series ID: WDEE75
Pricing Summary:
INVOICE MSRP
Base Vehicle $ 34,657.00 $ 34,870.00
Total Options $ 0.00 $ 0.00
Destination Charge $ 1,495.00 $ 1,495.00
Total Price $ 36,152.00 $ 36,365.00
SELECTED COLOR:
Exterior: PW7 - (0 P) White Knuckle Clearcoat
Interior: X9 - (0 I) Black w/Cloth Low -Back Bucket Seats
SELECTED OPTIONS:
CODE DESCRIPTION INVOICE MSRP
2BZ Quick Order Package 2BZ NC NC
APA Monotone Paint Application - STD STD
AZ1 Durango Pursuit Vehicle Included Included
DFT Transmission: 8-Speed Automatic (850RE) STD STD
DLK 3.45 Rear Axle Ratio STD STD
ERC Engine: 3.6L V6 24V VVT UPG I w/ESS STD STD
H7 Cloth Low -Back Bucket Seats STD STD
NM Federal Emissions NC NC
PW7 02 (0 P) White. Knuckle Clearcoat NC NC
TP5 Tires: P265/60R18 BSW On/Off Road STD STD
UAG Radio: Uconnect 4 w/7" Display STD STD
WP1 Wheels: 18" x 8.0" Painted Aluminum STD STD
X9_01 (0 I) Black w/Cloth Low -Back Bucket Seats NC NC
Z6K GVWR: 6,500 lbs STD STD
Printed On 02/21/2020 09:00 AM Page 3 of 6
CONFIGURED FEATURES:
Body Exterior Features:
Number Of Doors 4
Rear Cargo Door Type: liftgate
Driver And Passenger Mirror: power remote heated manual folding side -view door mirrors
Spoiler: rear lip spoiler
Door Handles: body -coloured
Front And Rear Bumpers: body -coloured front and rear bumpers with coloured rub strip
Rear Step Bumper: rear step bumper
Front License Plate Bracket: front license plate bracket
Body Material: galvanized steel/aluminum body material
Grille: black grille
Convenience Features:
Air Conditioning automatic dual -zone front air conditioning
Air Filter air filter
Rear Air Conditioning: rear air conditioning with separate controls
Console Ducts: console ducts
Cruise Control: cruise control with steering wheel controls.
Fuel Remote Release: power fuel remote release
Power Windows: power windows with driver and passenger 1-touch down
1/4 Vent Rear Windows: power rearmost windows
Remote Keyless Entry: keyfob (all doors) remote keyless entry
Illuminated Entry: illuminated entry
Integrated Key Remote: integrated key/remote
Auto Locking: auto -locking doors
Passive Entry: proximity key
Valet Key: valet function
Trunk FOB Controls: keyfob trunk/hatch/door release
Window FOB Controls: remote window controls
Steering Wheel: steering wheel with manual tilting, manual telescoping
Day -Night Rearview Mirror: day -night rearview mirror
Auto -dimming Rearview Mirror: auto -dimming rearview mirror
Driver and Passenger Vanity Mirror: driver and passenger -side visor mirrors
Emergency SOS: Roadside Assistance/9-1-1 Call emergency communication system
Front Cupholder: front and rear cupholders
Floor Console: full floor console with covered box
Overhead Console: mini overhead console with storage
Glove Box: Illuminated locking glove box
Driver Door Bin: driver and passengerdoor bins
Rear Door Bins: rear door bins
IP Storage: bin instrument -panel storage
Driver Footrest driver's footrest
Retained Accessory Power: retained accessory power
Power Accessory Outlet: 3 12V DC power outlets
Entertainment Features:
radio AM/FM/Satellite-prep with seek -scan
Voice Activated Radio: voice activated radio
Steering Wheel Radio Controls: steering -wheel mounted audio controls
Speakers: 6 speakers
1st Row LCD: 2 lstrow LCD monitor
Wireless Connectivity: wireless phone connectivity
Antenna: fixed antenna
Lighting, Visibility and. Instrumentation Features:
Headlamp Type delay -off aero-composite halogen headlamps
Front Fog Lights: front fog lights
Front Wipers: variable intermittent speed -sensitive wipers wipers
Rear Window wiper: fixed interval rear window wiper
Rear Window Defroster: rear window defroster
Tinted Windows: deep -tinted windows
Dome Light: dome light with fade
Front Reading Lights: front and rear reading lights
Printed On 02/21/2020 09:00 AM Page 4 of 6
Variable IP Lighting: variable instrument panel lighting
Display Type: digital/analog display
Tachometer: tachometer
Compass: compass
Exterior Temp: outside -temperature display
Low Tire Pressure Warning: tire specific low -tire -pressure warning
Park Distance Control: ParkSense with Stop rear parking sensors
Trip Computer: trip computer
Trip Odometer: trip odometer
Oil Pressure Gauge: oil pressure gauge
Water Temp Gauge: water temp. gauge
Oil Temp Gauge: oil temperature gauge
Transmission Oil Temp Gauge: transmission oil temp. gauge
Engine Hour Meter. engine hour meter
Clock: in -radio display clock
Systems Monitor: systems monitor
Check Control: redundant digital speedometer
Rear Vision Camera: rear vision camera
Oil Pressure Warning: oil -pressure warning
Water Temp Warning: water -temp. warning
Battery Warning: battery warning
Lights On Waming: lights -on warning
Key in Ignition Warning: key -in -ignition warning
Low Fuel Warning: low -fuel warning
Low Washer Fluid Warning: low -washer -fluid warning
Bulb Failure Warning: bulb -failure warning
Door Ajar Warning: door -ajar warning
Trunk Ajar Warning: trunk -ajar warning
Brake Fluid Warning: brake -fluid warning
Turn Signal On Warning: turn -signal -on warning
Transmission Fluid Temperature Warning: transmission -fluid -temperature warning
Safety And Security:
ABS four-wheel ABS brakes
Number of ABS Channels: 4 ABS channels
Brake Assistance: brake assist
Brake Type: four-wheel disc brakes
Vented Disc Brakes: front and rear ventilated disc brakes
Spare Tire Type: full-size spare tire
Spare Tire Mount: underbody mounted spare tire w/crankdown
Driver Front Impact Airbag: driver and passenger front -impact airbags
Driver Side Airbag: seat -mounted driver and passenger side -impact airbags
Overhead Airbag: curtain 1st, 2nd and 3rd row overhead airbag
Knee Airbag: knee airbag
Occupancy Sensor: front passenger airbag occupancy sensor
Height Adjustable Seatbelts: height adjustable front seatbelts
Seatbelt Pretensioners: front seatbelt pre-tensioners
3Point Rear Centre Seatbelt: 3 point rear centre seatbelt
Fuel Flap Locking Type: locking fuel flap included with power door locks
Side Impact Bars: side -impact bars
Perimeter Under Vehicle Lights: remote activated perimeter/approach lights
Tailgate/Rear Door Lock Type: tailgate/rear door lock included with power door locks
Rear Child Safety Locks: rear child safety locks
Ignition Disable: Sentry Key immobilizer
Panic Alarm: panic alarm
Electronic Stability: electronic stability stability control with anti -roll
Traction Control: ABS and driveline traction control
Front and Rear Headrests: manual adjustable front head restraints with tilt
AntiWhiplashFrontHeadrests: anti -whiplash front head restraints
Rear Headrest Control: 3 rear head restraints
Break Resistant Glass: break resistant glass
Seats And Trim:
Seating Capacity max. seating capacity of 5
Printed On 02/21/2020 09:00 AM Page 5 of 6
Front. Bucket Seats: front bucket seats
Number of Driver Seat Adjustments: 8-way, driver and passenger seat adjustments
Reclining Driver Seat: power reclining driver and manual reclining passenger seats
Driver Lumbar: power 4-way driver and passenger lumbar support
Driver Height Adjustment: power height -adjustable driver and passenger seats
Driver Fore/Aft: power driver and passenger fore/aft adjustment
Driver Cushion Tilt: power driver and passenger cushion tilt
Fold Flat Passenger Seat: fold flat passenger seat
Front Centre Armrest Storage: front centre armrest with storage
Rear Seat Type: rear manual reclining 60-40.split-bench seat
Rear Folding Position: rear seat fold -forward seatback
Rear Seat Armrest rear seat centre armrest
Leather Upholstery: cloth front and rear seat upholstery
Headliner Material: full cloth headliner
Floor Covering: full carpet floor covering
Shift Knob Trim: urethane shift knob
LeatherSteeringWheel: leather steering wheel
Floor Mats: carpet front and rear floor mats
Interior Accents: chrome interior accents
Cargo Space Trim: carpet cargo space
Trunk Lid: plastic trunk lid/rear cargo door
Cargo Tie Downs: cargo tie -downs
Cargo Light cargo light
Concealed Cargo Storage: concealed cargo storage
Standard Engine:
Engine 293-hp, 3.6-liter V-6 (regular gas)
Standard Transmission:
Transmission 8-speed automatic w/ OD and auto -manual
Printed On 02/21/2020 09:00 AM Page 6 of 6
City of Opa-Locka
Agenda Cover Memo
Department
Director:
Department
Director
Signature:
City Manager:
John E. Pate
CM Signature:
Commission
Meeting Date:
02.26.2020
Item Type:
(EnterXin box)
Resolution
Or finance
Other
X
Fiscal Impact:
(EnterX in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1st Reading
2nd Reading
X
Public Hearing:
(EnterXin box)
Yes
No
Yes
No
X
x
Funding Source:
Account# :
(Enter Fund &
Dept)
Ex:
Advertising Requirement:
(EnterXin box)
Yes
No
%
Contract/P.O.
Required:
(EnterXin box)
Yes
No
RFP/RFQ/Bid#:
x
Strategic Plan
Related
(EnterXin box)
Yes;
No
Strategic Plan Priority Area:
Enhance Organizational m
Bus. & Economic Dev im
Public Safety =I i
Quality of Education
Qual. of Life & City Image - ;;
Communication NI
Strategic Plan Obj./Strategy:
(list the specific objective/strategy this
item will address)
X
Sponsor Name
City Manager
and
Commissioner
Burke
Department:
City Manager & City
Commission
Short- tle:
A resolution authorizing the City Manager to rely upon that Certain National Joint Powers Alliance A.K.A.,
Sourcewell, Request for Proposals for Fleet Management Services, a copy of which is attached hereto as Exhibit "A";
authorizing the City Manager to enter into an agreement for the purchase of enhancing the City's current vehicle
fleet in an amount not to exceed the allocated budget.
Staff-Summa
The City has been looking to enhance its current vehicle replacement plan to run newer, low mileage vehicles and
minimize higher repair expenditures. After analyzing our vehicles, eighty percent (80%) of the fleet is beyond its
useful life. We've developed a sustainable plan which aims to solve two (2) major issues:
(1) Reduce the age of our fleet. Currently, Ninety Eight (98) out of One Hundred Sixteen (116) vehicles are over ten
(10) years old. Our current average replacement cycle far exceeds the useful life as defined by generally accepted
fixed asset accounting principles which is around seven (7) years for vehicles. With an average annual mileage of
approximately 10,000, we would decrease the average replacement cycle to an average of five (5) years moving
forward. Resale value at this point would generate higher returns with vehicles averaging approximately 50,000
miles or less at the time of sale;
(2) Reduce operating costs. Over the last several years due to budgeting we have not had a fleet budget. At this
rate, the vehicles currently ten (10) years or older would not be completely replaced for nearly eleven (11) years
while the vehicles under ten (10) years old continue to age. This plan could reduce fleet costs while it is estimated
the City can reduce maintenance costs by over 31% in the first year. We will utilize world class fleet software, data
warehousing technology and analytics for proactive vehicle management.
Acquire new vehicles to update the City's aged fleet.
Attachment:
Sponsored by: City Manager
RESOLUTION NO. 20-9736
AN EMERGENCY RESOLUTION OF THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO
ENTER INTO AN AGREEMENT WITH ENTERPRISE
FLEET MANAGEMENT, INC. FOR THE PURCHASE OR
LEASE OF UP TO TEN (10) POLICE VEHICLES AND IN
AN AMOUNT NOT TO • EXCEED THE ALLOCATED
BUDGET FOR FLEET VEHICLES; PROVIDING FOR
ADOPTION OF REPRESENTATIONS; PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") is desirous of replacing some of its
older vehicles in exchange for newer, lower mileage vehicles that would serve to
minimize high repair costs and expenditures; and
WHEREAS, an analysis of the City's police . fleet revealed that eighty percent
(80%) of the fleet is beyond its useful life; and
WHEREAS, ninety eight (98) out of one hundred sixteen (116), vehicles are over
ten (10) years old, which far exceeds the seven (7) year useful life, as defined by
generally accepted fixed asset accounting principles; and
WHEREAS, the City Manager has determined that an emergency exists
necessitating the purchase of vehicles which will ultimately decrease the operating costs
related to repairs and high maintenance; and
WHEREAS, the City Manager has also determined that a delay through a
competitive bidding process would be detrimental to the interests of the City and has
taken an oath of same pursuant to Section 2-319 of the City of Opa-locka's Code of
Ordinances; and
WHEREAS, Enterprise Fleet Management, Inc., is a qualified company utilized
by municipalities throughout the Country
Resolution No. 20-9736
WHEREAS, the purchase of ten (10) police vehicles shall not exceed the amount
of the current allocated City budget for police vehicles; and
WHEREAS, the City Commission finds that it is the best interest of the City to
authorize the City Manager to purchase or lease up to ten (10) police vehicles, in his
discretion from Enterprise Fleet Management, Inc .
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Adoption of Representations. The above recitals are true and correct and
are incorporated into this Resolution by reference.
Section 2. Authorization of City Manager. The City Commission hereby authorizes
the City Manager to enter into an Agreement with Enterprise Fleet Management, Inc.
for the purchase or lease of vehicles, for up to ten (10) vehicles, in an amount not to
exceed the allocated budget amount for vehicles
Section 3. Effective Date.
This Resolution shall take effect immediately upon adoption and is subject to the
approval of the Governor or his designee.
PASSED and ADOPTED this 26th day of February, 2020.
Matthew A. Pigatt, Mayor
A 1"1'EST:
a Flores, City Clerk
Resolution No. 20-9736
APPROVED AS TO FORM AND
LEGAL S CIENCY:
B y - • ette Norris- eeks, P.A.
City Attorney
Moved by: VICE MAYOR DAVIS
Seconded by: COMMISSIONER BASS
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES