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Home My Public Portal About09-7422 Peterson Harley Davidson Sponsored by: City Manager RESOLUTION NO. 09-7422 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A LEASE AGREEMENT WITH PETERSON'S HARLEY- DAVIDSON OF MIAMI FOR LEASING OF TWO (2) FLHP POLICE MOTORCYCLES FOR A PERIOD OF TWENTY FOUR (24) MONTHS AT A TOTAL COST OF TWENTY THOUSAND FOUR HUNDRED DOLLARS ($20,400.00), PAYABLE FROM ACCOUNT NO. 21-521649 WHEREAS, the City of Opa-locka ("City") Police Department is committed to serving City residents through delivery of efficient and effective services; and WHEREAS, police motorcycles are deemed to be an essential traffic enforcement tool used for conducting radar speed enforcement, traffic escorts, and day to day traffic enforcement; and WHEREAS, the City's Police Department is in need of motorcycles to perform essential traffic duties; and WHEREAS, the City Manager is requesting that the City lease two (2) motorcycles for the Police Department from Peterson's Harley-Davidson of Miami for a period of twenty four (24) months; and WHEREAS, pursuant to the lease terms, the City agrees to make monthly payments of Eight Hundred Fifty Dollars ($850.00) for a period of twenty four (24) months, with such payments totaling Twenty Thousand Four Hundred Dollars ($20,400.00); and WHEREAS, the City Commission of the City of Opa-locka authorizes the City Manager to lease motorcycles for the City's Police Department. Resolution No. 09-7422 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble are hereby incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby authorizes the City Manager to enter into and execute a lease agreement for two (2) FLHP motorcycles for the Opa- locka Police Department from Peterson's Harley-Davidson of Miami, for a period of twenty four (24) months, at Eight Hundred and Fifty Dollars ($850.00) per month, in the total amount of Twenty Thousand Four Hundred Dollars ($20,400.00), in substantially the form attached hereto and as approved by the City Attorney, payable from Account No. 21-521649. Section 3. The City Manager is hereby authorized to take all necessary and expedient action to effectuate the intent of this resolution. Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11 day of FEBRUARY , 2009. Mit • 'H L. • ' L MAYOR Attest: Approved as to form and legal sufficiency: Deborah . I : Burnadette Norris-Weeks City Cle City Attorney Resolution No. 0 9—7 4 2 2 Moved by: JOHNSON Seconded by: HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Tydus: YES Vice-Mayor Taylor: NOT PRESENT Mayor Kelley: YES a 9'. oc E 7 r l�, re MEMORANDUM ; i ,Fi 451'; TO: Mayor Joseph Kelley, Vice-Mayor Myra Taylor, Commissioner Dottie Johnson, Commissioner Rose Tydus and Commissioner Timothy Holmes FROM: Bryan K. F Interi'� anager RE: -solution to Enter Into and Execute a Lease Agreement with Peterson's Harley-Davidson of Miami to lease two Police Motorcycles DATE: February 5, 2009 REQUEST: The Police Department is requesting approval from the City Commission authorizing the City Manager to enter into and execute an Agreement with Peterson's Harley- Davidson of Miami, L.L.C. to lease two (2) FLHP police motorcycles. The expected cost is $425.00 each @ $850.00 a month for a twenty four (24) month period, effective February 2009 totaling $20,400.00. DESCRIPTION: The motorcycles are used as a traffic enforcement tool and are essential to law enforcement agencies. They are used for conducting radar speed enforcement, escorts of any type as requested, and day to day traffic enforcement. FINANCIAL IMPACT: This expenditure was included not 2008-2009 Budget; however, may be taken from Line Item 21-520520, Operating Expense which as of 01/15/09 reflects $38,691.68. IMPLEMENTATION TIME LINE: Upon Commission approval and signage of the Lease Agreement, permission to procure the motorcycles will be initiated and a time line confirmed. RECOMMENDATION: As a result of the Department's continuous efforts to improve and be better equipped to provide services to the City of Opa-locka it is recommended that this Agenda Item receive favorable support and approval from the City Commission. Prepared by: Shelia Robinson "Serving and Protecting YOU!" Fib 05 2009 11: 27AM HP LF ARJET FAX 3059532P20 P• 1 r • IV o NARLEY-EAVINSON I or ■m•--- • o ` off o • / 'a 0 ti 2008 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 Opa-Locka, designated as the lessee, made this day of ,2008 for the purpose of leasing to the Lessee(2)two HARLEY-DAVIDSON Police motorcycle under the following terms and conditions; 1. EQUIPMENT- 2008 HARLEY-DAVIDSON model FLHP-I ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. aE w 0 N 2. AGREEMENT TERM- The ,erns of this Agreement shall commence as of the date of delivery of the aforesaid police $ 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 2008 models and acquiring 2010 models u under the same equipment items and for the same terms and conditions as set forth herein. If Lessee decides not to retain the 2008 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 shall require the prior written consent of Lessor. 0 z 0 in 3. PAYMENT PERIOD- O 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. ✓ 1 z• . W t Id h'. I A M I o N L'i A U T H O R I Z E D H .^. R L E Y - D A V I D S O N D C A L E R Feb 05 2009 11 : 27AM HP Lr -RJET FAX 3059532°20 p. 2 Kr x: a N 0 cg CMQ oR 1°- = HARLEY-DAYIDSON I sr- am.-- 4 s op M 1 0 O P "r. 4. INSURANCE- .. I 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 to sufficient to protect the actual cash value of the equipment and to protect the Lessor from o Liability in all events. The Lessee shall carry Worker's Compensation covering all its aemployees working on, in,or about the motorcycle. The Lessee shall furnish to the Lessor certificates or other satisfactory 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. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES- i aThe Lessee shall and does hereby indemnify and save the Lessor harmless from any and all. O 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 z any amounts received by the Lessee with respect thereto from liability insurance by the Lessee. That indemnification shall include all costs and expenses including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting from any special liability. u -J J a 6. LIENS- The Lessee shall not directly or indirectly create,incur, assume,or suffer to exist any mortgage, o 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 O 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 a due to the Lessee's action or inaction. to 2 a M M I _, O N L Y !1 U I ii U 12 I L L D H /A I. L L Y D n V I V S l) F, D E A L C R S Feb 05 2009 11: 27RM HP L' "RJET FAX 305953P'2.0 p. 3 • m N o. I . O . re =W I HARIEY-OAYIOSUNAEr- �- m '7 ► ° b 41 ' 0 0 r� 7. 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, n freight and transportation charges, permits and any similar charges imposed on the ownership, PI possession or use of the Motorcycle during the term of the Agreement. Both parties recognize that the City of Opa-Locka is Tax exempt under Florida Law. o. 8. CARE AND USE OF EQUIPMENT- b.b. 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. a 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 a 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 N 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 e 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 0 and the Lessee shall afford them the opportunity to do so. 9. DAMAGE OR DETERIORATION OF MOTORCYCLES- 4 o In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or m its employees prior to the end of this agreement,the Lessee will promptly have the Motorcycle Z repaired and restored to its original condition and working order. Any damage done to lease s motorcycles during the officers training will be repaired as soon as the training is completed at n Lessee's expense. This includes damage done to engine,transmission,clutch,brakes and not a 3 ONLY A U T H O R I Z E D H A R L E Y - D A V 1 D S O N D F A I_ F R S Feb 05 2009 11 : 27AM HP Lr -RJET FAX 3059532°?0 p• 4 a . 1 �. n. • a 0 44, 11171-t 14, MOTDA HARILY-LAVIOSON — .•cYClES `I a ", t7 4 nvi ' F 0 O 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$19,400.00 minus 2% for each month the agreement is in effect. ; Feb 05 2009 11 : 28AM HP Li -RJET FAX 3059532020 p•5 fit,: N 4 W , 1 -MOTOR --+W HARLEY-DAVIDSON jiff- �— h 4 M I E t0 0 oi 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 w 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 Ln 0 i3) any action at law or in equity as may appear necessary to collect the payments then a. 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. b. 13. MAINTENANCE AND EQUIPMENT- Lessor shall provide full maintenance of the motorcycle at no cost to the Lessee. Lessor shall not a supply Lessee with gasoline,tires,radios and clutches worn due to training. All maintenance o shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C., 19400 NW 2ND AVE,MIAMI, FLORIDA 33169. 14. SUBLEASE OR ASSIGNMENT- 0 Neither the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may ci effect the subleasing of the motorcycle. J -I 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 a date of such termination. a } W O• .. 5 UI . vl I A r/ I .; O N L Y fl U T H o R I Z F D H i R L F Y - D 7 V I D S C) N D E A L_ F P Feb 05 2009 11 : 28AM HP LP"'ERJET FAX 305953P''20 p. 6 N' .. N a � • a O •-I 44,44:4"-r:•, S► --�W HRREEY IAVIDSON1JN a • 1T�Y .:* F 4. 0 Op Al , N 0 lr1 K 4 I I In witness whereof,the parties hereto have caused this agreement to be executed as of this day of ,2008. x a a • (71 J IL 4 W 4r 0 Z ATTEST; o BY O ci CITY CLERK 4 APPROVED AS TO FORM APPROVED AS TO FORM 4 } PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C. CITY ATTORNEY 4 Z' . 6 a a f+1 1 A M I S C> N t Y R U T H c) R I 7. E D H A R L C Y - D /1 V I D r) N D E :1 L L R ;