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HomeMy Public PortalAbout15-8924 Execute a Lease Agreement w/Peterson's Harley Davidson to Lease (3) FLHP MotorcyclesSponsored by: City Manager RESOLUTION NO. 15 -8924 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, LLC, TO LEASE THREE (3) FLHP ROADKING MOTORCYCLES, AT A COST OF $475.00 PER MONTH, PER MOTORYCYCLE, FOR A PERIOD OF TWENTY FOUR (24) MONTHS AT A TOTAL COST OF THIRTY FOUR THOUSAND TWO HUNDRED DOLLARS ($34,200.00) PAYABLE FROM ACCOUNT NO. 22-521649, A BUDGETED ITEM; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa -locka ( "City ") desires to lease three FLHP Roadking Police Motorcycle for a period of 24 months, at a cost of $475 monthly rental per motorcycle, from Peterson Harley- Davidson of Miami ( "Peterson "); and WHEREAS, the motorcycles are essential to Opa -locka Police Department for maintaining safety, conducting radar speed enforcement, escort services, and other day -to -day traffic enforcements; and WHEREAS, Peterson will replace the current 2012 models with new 2014 models; and WHEREAS, the City Commission of the City of Opa -locka desires the City Manager to enter into and execute a lease agreement with Peterson's Harley- Davidson of Miami for leasing of three (3) FLHP RoadKing Police Motorcycles. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 15 -8924 Section 2. The City Commission of the City of Opa- locka, Florida, hereby directs and authorizes the City Manager to enter into and execute a lease agreement with Peterson's Harley- Davidson of Miami for leasing of three (3) FLHP Police Motorcycles, at a cost of $475 monthly rental per motorcycle, for a period of twenty four (24) months, at a total cost of Thirty Four Thousand Two Hundred Dollars ($34,200.00), substantially in the form attached hereto as Exhibit "A ", payable from Account No. 22- 521649, a budgeted item. Section 3. This Resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th day of Attest to: Jo na Flores Ci ' Clerk Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiago Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: I MT7111"M COMMISSIONER SANTIAGO COMMISSIONER PINDER 4 -0 YES YES YES YES NOT PRESENT e N MARDER, PA OVp.LOCkq. 9 a • c�Y Ii�2_ . t / City of Opa -Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other x Date: (EnterX in box) Fiscal Impact: (EnterXinbox) n/a Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: Yes No Yes No x x (EnterX in box) Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No x (Enter AcctNo.) 22- 521649 (EnterXinbox) ITEM BUDGETED: YES NO Contract /P.O. Required: Yes No RFP /RFQ /Bid #: n/a (EnterXinbox) #1400099 N/A x Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj. /Strategy: (list the (EnterX in box) Enhance Organizational 0 specific objective /strategy this item will address) x Bus. & Economic Dev p Public Safety x Quality of Education E] Qual. of Life & City Image p Communcation (] Sponsor Name Department: City Manager Police sron Me: Lease Agreement with Peterson's Harley- Davidson of Miami, L.L.C. Staff Summary: Staff supports entering into agreement. Proposed Action: Attachment: 1. 2013 Lease Agreement 2. Draft Resolution and previous Ordinance /Resolution 11 -10; 09 -7422; 06 -6884 3. Agenda Cover Memo and Interoffice Memorandum Memorandum TO: Mayor Myra L. I Vice Mayor Ti thy 1 Commissioner Jos h L. Commissioner Tere e Commissioner Luis B FROM: Kelvin L. Baker, Sr., City Man DATE: January 30, 2015 RE: Execute a Lease Agreement with Peterson's Harley- Davidson of Miami, L.L.C. for three Police Motorcycles Request: 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, L.L.C. FOR THREE (3) FLHP ROADKING MOTORCYCLES. THE EXPECTED COST IS $475.00 EACH FOR A TWENTY -FOUR MONTH PERIOD, TOTALING $34,200.00. Descrio0on: 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 requested, and day to day traffic enforcement. The motor unit also assists the School Crossing Guards on an as- needed basis. Financial Impact: $34,200.00, payable from account number 21- 521649 Implementation Time Line: Immediately Legislative History: Ordinance/Resolution Numbers: 11 -10; 09- 7422; 06 -6884 Recommendation(s): Staff recommends approval. Attachments: 1 2013 Lease Proposal 2 Ordinance No. I I -l0 package (including executed copy of Lease) Prepared by: Clancy Huckleberry, Executive Secretary FAW of Memomndum Commission Meeting Date: Fiscal Impact: (EnterXin box) n/a Y Funding Source: (Enter Fund & (Enter Acct No.) 22- 621649 ITEM BUDGETED: YES NO Contract /P.O. Required: Yes No (EnterXin boxj#1;400099 X Strategic Plan Related Yes No (EnterX in box) x Sponsor Name City Manager City of Opa -Locke Agenda Cover Memo Item Type: Resolution or( x (EnterX in box) Ordinance Reading: in F (EnterX in box) Public Hearing: Yes (Enter X in box) x Advertising Requirement: I Yes (EnterX in box) "— RFP /RFQ /Bid #: n/a Strategic Plan Priority Area: Enhance Organizational ❑ Bus. & Economic Dev ❑ Public Safety x Quality of Education ❑ Qual. of Life & City Image ❑ Communcation ❑ Department: Police Short Title: No X No X 20d N/A Strategic Plan Obl. /Strategy: (list the specific objective /strategy this item will address) Lease Agreement with Peterson's Harley- Davidson of Miami, L.L.C. Staff Summary: Staff supports entering into agreement. Action: Attachment: 1. 2013 Lease Agreement 2. Draft Resolution and previous Ordinance /Resolution 11 -10; 09 -7422; 06 -6884 3. Agenda Cover Memo and Interoffice Memorandum 2013 Motorcyde Proposed Ordinance Sponsored by: City Manager ORDINANCE NO. 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, L.L.C. FOR THREE (3) FLHP ROADKING MOTORCYCLES. THE EXPECTED COST IS $475.00 EACH FOR A TWENTY -FOUR MONTH PERIOD, TOTALING $34,200.00. WHEREAS, motorcycles are used as a traffic enforcement tool and are essential to law enforcement agencies, and WHEREAS, the City Commission desires to improve and better equip the City of Opa -locka Police Department; and WHEREAS, the current fiscal year Budget included three (3) motorcycles, and NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa- locka, authorizes the City Manager to enter into and execute an agreement with Peterson's Harley- Davidson of Miami, L.L.C., to lease three (3) FLHP Road King Motorcycles at an anticipated cost of $475.00 each per month, with a total cost of $34,200.00, for a twenty-four (24) month period, to be paid from Account Number 22- 521569. Section 3. All ordinances of Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of ordinances when the code is recodified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this day of 2015. MAYOR MYRA L. TAYLOR 2013 Peterson's H-D Lease m 0 0 M ti a 0 i X Q e a n n 0 n i d in 0 X W h W d September 11, 2013 City of Opa Locka Attn: Sgt. Marcos Gonzalez MGonzalezoopalockapd.com i Lease Renewal The City of Opa Locka current lease of three (3) Harley- Davidson FLHP motorcycles is scheduled for renewal in July 2013. As per your current lease options, Peterson's Harley- Davidson of Miami, L.L.0 will replace your current 2012 models with new 2014 models. The motorcycles will include ABS brakes. All equipment, i.e.: lights, box, siren, etc. transferred from your current motorcycles at no charge. The lease term is twenty -four (24) months and will be billed monthly as per the pricing schedule below. FLHP $475.00 per month The price includes all tires and maintenance with the exception of clutch replacement and physical damages. The lessee will pay for parts only un clutch replaceniunts. If you have any questions, please feel free to contact me at 305 - 651 -4811 ext 501. Sincerely, /ice stAng General Manager Peterson's Harley - Davidson of Miami N M N O O p W W a LL J J O I- 10 O O N 10 N O CWI X Ot IL it r Yr N O x a o. �o M J E Q E 7. z 0 a� r a 2413 LEASE AGREEMENT FOR BARLEY- DAVIDSON POLICE MODELS This agreement made and entered into between PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., designated as the lessor, and City of Opa- Locka, designated as the lessee, made this day of , 2013 for the purpose of leasing to the Lessee ( )_ I-IARLEY- DAVIDSON Police motorcycles under the following terms and conditions: 1. EQUIPMENT- 2014 HARLEY- DAVIDSON model FLHP ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. 2. AGREEMENT TERM- The terns 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 2012 models and acquiring 2014 models under the same equipment items and for the same terms and conditions as set forth herein. If Lessee decides not to retain the 2012 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 police and related activities: off -duty details, funeral escorts and parades only. Any other use Shall require the prior written consent of Lessor. PAYMENT PERIOD- Lessee shall pay monthly payments in the amount of $475.00 for each motorcycle. Payments include the cost of equipment, payment of interest, ful! maintenance and administm,' ive costs less 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. M N N 111 a n 0 0 en W W C J a O H W O O N N a m N O 1h x 16 4 INSURANCE- At its own expense, the lessee shall carry casualty insurance in the amount of $2,000,000 with a respect to the motorcycle and shall carry Public Liability and Property Damage Insurance psufficient to protect the actual cash value of the equipment and to protect the Lessor from Liability in all events. The Lessee shall carry Worker's Compensation covering all its �- employees working on, in, or about the motorcycle. d a 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. 1101.D HARMLESS INDEMNIFICATION BFTWEFN PARTIES- Subject to the provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and 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 indenutilic;atiun shall include all Gusts arts/ 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. 6. LIENS- 7 The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage, Id a pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with a respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its 2 own expense, take such actions as tttay be nec;cssuty to duly discharge any such mortgage, W z 0 2 N a Id F W R a N a N O O m W W t 1 O F O O O m N �o N O M pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. a V m 7. TAXES AND I:EES- a �°�n The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax, i Excise Tax, Personal Property Tax, assessments, penalties, licenses, fees, registration fees, L freight and transportation charges, permits and any similar charges imposed on the ownership, m possession or use of the Motorcycle during the term of the Agreement. Both parties recognize M that the City of Opa -Locka is tax exempt under Florida Law. CARE AND USE OF EQUIPMENT- The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard Preventative maintenance Contract and/or recommendation. All repairs shall be made at PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI, FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycle to PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI, FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit 2. The lessee shall protect the motorcycle from deterioration other than normal wear and tear. shall use the Motorcycle for Police related activities only, without abuse, and shall not make modifications, alternations or additions to the Motorcycle (other than normal operating accessories or controls) without written consent of the Lessor, which shall not be unreasonably withheld. The Lessor, shall have the right, during regular business hours to enter upon the premises where the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. W Z 0 N W F W 0. m a N !n Q a 0 0 m �I Id w y` i J J O F m 0 0 m M a �o a 0 a 9. 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 m repaired and restored to its original condition and working order. Any damage done to lease ,n motorcycles during the officers training will be repaired as soon as the training is completed at Lessee's expense. This includes damage done to engine, transmission, 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 $23,000.00 minus a 2% for each month the agreement is in effect. 10. SELECTION OR RIDER- The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper handling and care is exercised. 11. RIDER RESPONSIBILITY AND PRIVILEGES- The rider will be responsible for keeping the motorcycle clean and is required to report any defects or abnormalities, The rider shall be allowed to use the motorcycle to go back and forth to work provided that it is fully insured at all times by the lessee and the distance is no more than thirty (30) miles each way. 12. EVENTS OF DEFAULT AND REMEDIES- Lessee shall be deemed to he in default hereunder upon the happening of any of the following events of default A. Lessee shall tail to make any periodic payment, or to pay any other payments required to be paid hereunder, of B. Lessee shall fail to keep any such other term, co-erant or condition contained herein. i Upon the occurrence of an event ol'default as specified above, and upon the failure of Lessee to a remedy such event of default with all reasonable dispatch within a period of thirty (30) days, °a 4 a W F W IL a a N h n 0 0 m W LI 2 11 J J O H m O O m N m p O dl Lessor or its assigns shall have the right, at its option without any demand or notice, to pursue any of the following remedies: r r O a l) by written notice to Lessee, declare an amount equal to all payments due during the agreement term to be immediately due and payable as liquidated damages and not as a openalty, whereupon the same shall become immediately due and payable. M 2) re -enter and take possession of the equipment, enforce this agreement or terminate the agreement, and repossess the equipment and sel I or lease the equipment for the account of the m Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling and for the difference in the purchase price, rental and other amounts paid by the Lessee or purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and 3) any action at law or in equity as may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this agreement upon failure to comply with any term, covenant, or condition contained herein. 13. MAINTENANCE AND EQUIPMENT- Lessor shall provide full maintenance and tires for the motorcycle at no cost to the Lessee. Physical damages and clutch replacement are the exception. The lessee will pay for parts only on all clutch replacements /repairs. Lessor shall not supply Lessee with gasoline or radios. All maintenance shall be done at PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2_ND AVE, MIAMI, FLORIDA 33169. 14. SUBLEASE OR ASSIGNMENT- Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may effect the subleasing of the motorcycle. z a 5 N W I- W 4 4- m in N Y! a m O O m r k J J O m a 0 If fn n m n 0 c� V a 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 n date of such termination. m a 0 z L 16. 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 each Party. 17. 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. 18. GOVERNING LAW- This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida 19. HEADINGS- Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. M z 0 6 W W W F W Q. m 0 0 e� n p O 20. SEVERABILITY- o 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 w^ been held invalid or unenforceable shall not be affected thereby, and shall continue in full force ro and effect, and be enforced to the fullest extent permitted by law. z a. 21. WAIVER - e� J 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 C future or continuing similar or dissimilar failure. 22. 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. O z 0 F W a PETERSON'S HARLEY-DAVIDSON or MtANI L.C. 18400 N. W. 2Ro AYE MIAs', FL 33160 PH. WS) 6S1-4811 FAX.(303) 633-11006 TOLL FREE MOO) SAS-2SM', In witness whereof, the parties hereto have caused this agreement to be executed as of this day of , 2013. City Of Opa-Locka: Attest: City Clerk Interim City Manager Approved as to form and legal sufficiency: City • mey Ace A s •ng General Manager Peterson's Harley-Davidson of Miami, LLC City Manager City of Opa Locka U N L_ Y A U T H O R I Z E D H A R L E Y- DAVID i O N D E A L E: R S Y A Ask �s CAP- TVA so� mall -._ pit YAW 3 saw _ NOW 5 10 Reading: 2"d Reading: Public Hearing. Adopted: Effective Date: Sponsored by: June 22, 2011 July 13, 2011 July 13, 2011 July 13, 2011 July 14, 2011 Zommissioner Holmes ORDINANCE NO. 11-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA TO AUTHORIZE THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH PETERSON HARLEY- DAVIDSON OF MIAMI, LLC, TO LEASE THREE (3) FLHP ROAD KING MOTORCYCLES, AT AN ANTICIPATED COST OF $475.00 EACH PER MONTH, WITH A TOTAL COST OF $34,200.00, FOR A TWENTY -FOUR MONTH PERIOD, TO BE PAID FROM ACCOUNT NUMBER 22- 521644; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, motorcycles are used as a traffic enforcement tool and am essential to law enforcement agencies; and WHEREAS, the City Commission desires to improve and better equip the Policc Department of the City of Opa- locka; and WHEREAS, the 2010 -2011 Budget included two (2) motorcycles, but it is now desired to add a third; and NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Secdon 1. The recitals to the preamble herein are incorporated by reference. Section 2 . The City Commission of the City of Opa- locka, authorizes the City Manager to enter into and execute an agreement with Peterson Harley - Davidson of Miami, LLC, to lease three (3) FLHP Road King Motorcycles, at an anticipated cost of $475.00 each per Ordinance No. 11- l month, with a total cost of $34,200.00, for a twenty-four month period, to be paid from Account Number 22- 521649. Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Scion S. This Ordinance shall, upon adoption, become effective as specified by the City of Opa -locka Code of Ordinances and the City of Opa -locka Charter. PASSED AND ADOPTED this I e day of Jam, 2011. Attest to- Deborah .Irby City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holme: Commissioner Miller. Commissioner Tydus: Vice -Mayor Johnson: Mayor Taylor. RA T (L.OR MAYOR Approved as to form and legal sufficiency: VICE MAYOR JOHNSON COMMISSIONER HOLMES 5 -0 YES YES YES YES YES Memaraaduca TO: Mayor vice Mayor Commissioner Commissioner Commissioner PROM: Clarence Patty DATE: June 9.2011 Myra L Taylor Dorothy Johnson 71mothy Holmes Gail Miller Rose Tydus son. City Manager RE: Execute a Lease Agreement with Peterson's Harley Davidson of 11 mTd, LLC. to lease dim Police Motorcycles APPROVAL OF RRSOLIMON AUTHORIZING THE CITY MANAGER TO ENTER INTO AND FJUW '1'E AN AGREEMENT WITH PETERSON' HAM UCY- DAVMSON OF HKAhII, L.LC. TO LEASE THREE (3) FLHP ROADKING MOTORCYCLES. THE E7[PRa.'I'ED COST 15 $475A9 EACH FOR A TWENTY FOUR MONTHPERIOD, TOT'AUM $34 .00. The motorcycles are used as a traffic enforcement tool and are essential to law ea&memeut spades. They are used for eondacting radar speed enforcement, escorts of any type requested, and day to day traffic enforcement. FIROMW hapect: This expenditure for two (2) motorcycles was included iv 2otO -2011 Bodge, however the third motorcycle wss sot Tie monies may be taken from line Item 521649. Operating Expense which as of 05/1612011 reflects $10,200.00. • Upon Commission approval area signage of the Lassa Agreement, permission to procure the motorcycles will be initiated and a time line confirmed. j&9je I ft Hfassr,: Scow 2009 the City of Opa4ocka has had a two (2) man motorcycle unit. 2mgmnadoloW.- As a result of the Deparmient's continuous efforts to improve and be better equipped to provide services to the City of Opa -lodes it is recommended that this Agendaltem receire favorable support and approval from the City Commission. By the City execution of the lease the Department will be better able to provide seMou to tt►e citizens of fate City of Ops-locim Memoraodum city Commission Be: Police Bicycle Unit March 11, 2011 Page 2 of 2 AUKA111011 Cary of Lem Proposal 2011 Imes Agreement for Bu*- Davidson pWke Mogorgcles Prepared bv: aaacy Hu*Jebem End of Memoraodnm a a 0 J i r a i N 0 0 a a u J �L 0 z 0 to a a e s lanusry 22, 2011 City of Opa -Locb Via Ismail: dchiverton@olpd.gov ]Lease Prol osal The City of OWL= Ws current Inn of tAv (2) Harley- Davidson FLHP motorcycles is scheduled forsenmal in Apn *May, 2011. Peterson's Hadq- Dsvidson of Mian4 L.L.C. proposes to increase your currant Dad by three 0), nuking a total of five $) motorcycles. The motorcycles will include all equipment, i.e.: lights, box, siren, ABS brakes etc. The lease temr is twenty -lbur (24) monda and %ill be billed montbly as per the priciaa schedule below. Solid Color S475.00 per nwath The price includes all tires and maintenance .with aw txception of clutch replacement sad physical damages. The lessee will pay fbr puts only on clutch replacements. I f you have any questions. plow feel Oft to contact me at 305-6514811 ext 501. S'nc,y� ' Ace Armstrong General ivlanaser Peterson's Harley - Davidson of Natal (North) OPYI 2011 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 City of Opa- Locka, designated as the lessee, made this _9411 - day of .. 2011 for the purpose of leasing to the Lessee (3)_ HARLEY- DAVIDSON Police motorcycles under the following terms and conditions: 1. EQUIPMENT- 2012 HARLEY- DAVIDSON model FLHP ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. 2. AGREEMENT TERM- The terms 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 2012 models and acquiring 2014 models under the same equipment items and for the same terms and conditions as set forth herein. If Lessee decides not to retain the 2012 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 police and related activities: off-duty details, funeral escorts and parades only. Any other use shall require the prior written consent of Lessor. 3. PAYMENT PERIOD- Lessee shall pay monthly payments in the amount of $475.00 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 5th day of each month during the term of this lease. 4. INSURANCE- At its own expense, the lessee shall carry casualty insurance in the amount of $2,000,000 with respect to the motorcycle and shall carry Public Liability and Property Damage Insurance sufficient to protect the actual cash value of the equipment and to protect the Lessor from Liability in all events. The Lessee shall carry Worker's Compensation covering all its employees 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 beans and conditions of this agreement. The Lessor shall be named as additional insured and loss payee. S. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES- Subject to the provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and 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 Wary, 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 �c°i�Sarld� liability insurance by the Lessee. The indemnification shall include all costs and expenses w including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting from ar& special liability. Nothing contained herein is intended nor shall be construed to waive` Lessee' right and immunities under common law and Section 768.28, Florida Statutes. 6. LIENS- The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage, pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its own expense, take such actions as may be necessary to duly discharge any such mortgage, 2 pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. 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, 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 Opa -Locke is tax exempt under Florida Law. 8. CARE AND USE OF EQUIPMENT- The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard Preventative maintenance Contract and/or recommendation. All repairs shall be made at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI, FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI, FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit 2. The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall use the Motorcycle for Police related activities only, without abuse. and shall not make modifications, alternations or additions to the Motorcycle (other than normal operating accessories or controls) without written consent of the Lessor, which shall not be unreasonably withheld. The Lessor, shall have the right, during regular business hours to enter upon the premises where the Motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. 9. DAMAGE OR DETERIORATION OF MOTORCYCLE& 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 Lessee's expense. This includes damage done to engine, transmission, 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 $23,000.00 minus 2% for each month the agreement is in effect. 10. SELECTION OR RIDER The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper handling and care is exercised. 11. RIDER RESPONSIBILITY AND PRIVILEGES- The rider will be responsible for keeping the motorcycle clean and is required to report any defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to work provided that it is fully insured at all times by the lessee and the distance is no more than thirty (30) miles each way. 12. EVENTS OF DEFAULT AND REMEDIES- Lessee shall be deemed to be in default hereunder upon the happening of any of the following events of default A. Lessee shall fail to make any periodic payment, or to pay any other payments required to be paid hereunder, or B. Lessee shall fail to keep any such other term, covenant or condition contained herein. Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to remedy such event of default with 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 written notice to Lessee, declare an amount equal to all payments due during the agreement term to be immediately due and payable as liquidated damages and not as a penalty, whereupon the same shall become immediately due and payable. 2) re -enter and take possession of the equipment, enforce this agreement or terminate the agreement, and repossess the equipment and sell or lease the equipment for the account of the Lessee, holding Lessee liable for all payments up to the effective date of such leasing or selling and for the difference in the purchase price, rental and other amounts paid by the Lessee or purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and 3) any action at law or in equity as may appear necessary to collect the payments then due and thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this agreement upon failure to comply with any term, covenant or condition contained herein. 13. MAIlVTENANCB AND EQUIPMENT- Lessor shall provide fall maintenance and tires for the motorcycle at no cost to the Lessee. Physical damages and clutch replacement are the exception. The lessee will pay for Harts only on all clutch replacements/repairs. Lessor shall not supply Lessee with gasoline or radios. All maintenance shall be done at PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, WWI, FLORIDA 33169. 14. SUBLEASE OR ASSIGNMENT- Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may effect the subleasing of the motorcycle. 15. TERMINATION- This agreement may be terminated by either party for any cause, upon thirty (30) days written notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the date of such termination. 15. 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 saute formality as this Agreement and signed by each Party. 17. 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. 18. GOVERNING LAW- This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. 19. HEADINGS- Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 6 20. SEVERABHM- 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. 21. 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. 22. 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 Iegal action is required, the prevailing Party shalt be entitled to recover from the other Party all such costs and expenses, including but not limited to costs and reasonable attorney's fees. 7 2011 LEASE AGREEMENT FOR HARLEY-DAVIDSON POLICE MODELS PETERSON'S HARELY - DAVIDSON OF MIAMI, LLC M14A HIS ONLY AUTHORIZED HARLEY-DAVIDSON DEALERS In witness whereof, the parties hereto have caused this agreement to be executed as of this 1411+ day of & -PTE+4 Wit. 2011. CITY OF OPA- LOCKA: Attest: Deborah S. Irby City Clerk Approved as to form and legal sufficiency: Josep filer City Attor y K. Finnie Interim City Manager Peterson's Harley- Davidson of Miami, L.L.C. P The City of Opa -locka POLICE DEPARTMENT • +n� "Committed to professionalism and community partnership" 2495 Ali Baba Avenue Ops- Locks, FL 33054 Voice: 3054681 -1033 Fax: 305.953 -3417 Reference Ordinance No 11 -10 Dated July 14, 2011 Listed below are the Vehicle Identification Numbers for the three (3) recently leased FLHP Road King motorcycles: /cc 1 1HDlFHM13CB614505 2 1HDlFHMlXCB614789 3 1HDlFHM14CB614836 "Serving and Protecting YOUI" NyJTall 780 Fisherman Street Sults 335 Ops- Locka, FL 33054 305. 6884611 Opa-locks Resolution No. 09-7422 Sponsored by: City Manager COP10,00. 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 (520,400.00), PAYABLE FROM ACCOUNT NO. 21-521649 WHEREAS, the City of Opa -locks {"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 -locks authorizes the City Manager to lease motorcycles for the City's Police Department. Resolution No. 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- locks 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 17 day of FEBRUARY . 2009. Attest: Approved as to form and legal sufficiency: Burnadette Norris -Weeks City Attorney CERTIFICATE OF COVERAGE Comics" Holder a Loss Payee Adn*ft aba I Sle abate oan M PETERSO" HARM- DANO'SON OF ULAM LLC Fimkk Loogue of Cites lw- 1"W NW a AVENM Pub& Riok Sewioes UWM FL 331N P.O. am 530085 Orlando. Fforids 328534WO mrrAAOas TMSI/TO C�ITPYIIMTl1EAO11EElElReaIGeY lrAeeEOl aiarla TO tlE OfeCNA1® loop rOm TKCMaMWffft VCrCATm MMvarMUMUN&FMON M. WN=CCW ON CFAWCO"W=MaIM 0=00ff WMIMPMIOWHCHTMCOWN =EVA'e=er1 GhtMr PWAK TMWMMM Wasomer TIE Aa®a9R 061MM WM0eIIRWTOALLIMUMK oTaLeOra NWCa1QN OF Sear ASAMMU COVEFMGE PPDVEW BY. 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OPA -LOCKA FE 33054 �l M AArmld�p A�1661[ATNE -- 0 0 e n fa e 0 n x a 9 0 v a m n 0 i L i 2009 LEASE AGREEMENT FOR HARLEY - DAVIDSON POLICE MODELS This agreement made and entered into between PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., designated as the lessor, and the City of Opa- Locka, designated as the lessee, made this Z07 day of Martin , 2009 for the purpose of leasing to the Lessee (2) two HARLEY - DAVIDSON Police motorcycle under the following terms and conditions: I. EQUIPMENT- 2008 HARLEY - DAVIDSON model FLHP -I ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. 2. AGREEMENT TERM- The terms 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 2010/2011 models 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 police and related activities: off' -duty details. funeral escorts and parades only. Any other use shall require the prior written consent of Lessor. 3. PAYMENT PERIOD- } Lessee shall pay monthly payments in the amount of $425.00 for each motorcycle. Payments include the cost of equipment, payment of interest. full maintenance and administrative costs less a the residual value of the motorcycle. Monthly rental. per motorcycle. shall be payable by the = Lessee to Lessor on the 5th day of each month during the term of this lease. n z a 1 W N W L 0 0 O 0 M a m p O N X Q a A 10 n 0 n i A. A n >E 4 W Q 0 z N (fi z 0 in r m 4. INSURANCE- At its own expense, the lessee shall cant' casualty insurance in the amount of with respect to the motorcycle and shall carry Public Liability and Property Damagerance sufficient to protect the actual cash value of the equipment and to protect the Lessor from Liability in all events. The Lessee shall carry Worker's Compensation covering all its employees 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. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES- 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. 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. 6. LIENS- Me Lessee shall not directly or indirectly create, incur, assume. or suffer to exist any mortgage. pledge, lien. charge, and encumbrance or claim on or with respect to the motorcycle, except with respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, as its own expense. take such actions as may be necessary to duly discharge any such mortgage. pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. 1) m n N h n 0 O O W W Q; W J J 0 I- 10 0 X a 0 a n m p O X L m m J a f w a n z N z 0 0 a u J J f a f IL 0 Z 0 n 0 a a 0 w J a a t 0 z 0 N W F w L i 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, 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 Opa -Locke is Tax exempt under Florida Law. CARE AND USE OF EQUIPMENT- The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard Preventative maintenance Contract and/or recommendation. All repairs shall be made at PETERSON'S HARLEY- DAVIDSON OF MIAMI, L.L.C., 19400 NW 2ND AVE, MIAMI. FLORIDA 33169. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycle to PETERSON'S HARLEY - DAVIDSON OF MIAMI. L.L.C.. 19400 NW 2ND AVE. MIAMI. FLORIDA 33169, at regular intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit 2. The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall use the Motorcycle far Police related activities only, without abuse, and shall not make modifications. alternations or additions to the Motorcycle (other than normal operating accessories or controls) without written consent of the Lessor, which shall not be unreasonably withheld. The Lessor. shall have the right. during regular business hours to enter upon the premises where the Motorcycle is located in order to inspect, obsen -e or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. 9. DAMAGE OR DETERIORATION OF MOTORCYCLES- In the event the Motorcycle is partially damaged or destroyed due to the actions of the Lessee or 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 Lessee's expense_ This includes damage done to engine. transmission, clutch, brakes and not n N In 0 0 m W W It IL J J O h a 0 I? fn n e 0 X a m a p 0 n x L z 0 n W h W 4 i 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 tern, covenant or condition contained herein. 13. MAINTENANCE AND EQUIPMENT- Lessor shalt provide full maintenance of the motorcycle at no cost to the Lessee. Lessor shall not supply Lessee with gasoline. tires, radios and clutches worn due to training. All maintenance shall be done at PETERSON'S HARLEY- DAVIDSON OF MIAMI. L.L.C.. 19400 NW 2ND AVE. MIAMI, FLORIDA 33169. 14. SUBLEASE OR ASSIGNMENT- Neither the Lessor. nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may et7ect the subleasing of the motorcycle. 15. TERMINATION- This agreement may be terminated by either party for any cause, upon thirty (30) days written notice by the terminating party. Lessor shall be entitled to lease payments due or incurred to the date of such termination. 5 2009 LEASE AGREEMENT FOR HARLEY- DAVIDSON POLICE MODELS PETERSON'S HARELY- DAVIDSON OF MIAMI, LLC MIAMI'S ONLY AUTHORIZED HARLEY- DAVIDSON DEALERS In witness whereof, the parties hereto have caused this agreement to be executed as of this 214in day of March 2009. CITY OF OPA- LOCKA: Attest: orah S. innie City Clerk erim City Manager Approved as to form and legal sufficiency: Bu adette- orris - Weeks, P.A. City Attorney PETER ON'S HARLEY- DAVIDSON OF MIAMI, L.L.C: Peterson's Harle - Davidson of Miami, L.L.C. 6 FAX. 305-633-B006 TOLL FREE 800-54.X-2561 0 v m In witness whereof., the parties hereto have caused this agreement to be executed as of this o day of . 2009. d m m m 11. a m a 0 z Z ATTEST; o BY a m d J CITY MANAGER f a f 0 c APPROVED AS TO FORM to a a O W PETERSON'S HARLEY-DAVIDSON OF MIAMI. L.L.C. J CC a x H 2 O a 6 s m 1- - DAVI D S L7 N U- it L. C H S fi § i x 4- Y ". s i t` r Fi" ?fifes �, 3`s Qpa -locks Resolution No. 06 -6884 Sponsored by: City Manager Resolution No. 06 -6884 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE A TWENTY - FOUR MONTH (24) LEASE AGREEMENT WITH PETERSON'S HARLEY- DAVIDSON OF MIA1vfI, L.C. FOR TWO (2) FLHPI MOTORCYCLES AT A COST OF SIXTEEN THOUSND, THREE HUNDRED TWENTY DOLLARS ($16,320.00), PAYABLE FROM ACCOUNT NO. 22- 521649; FURTHER AUTHORIZING THE RECEIPT OF SIX THOUSAND THREE DOLLARS ($6,300.00) FROM PETERSON'S HARLEY-DAVIDSON OF MIAMI INC, L.C. FOR FIVE (5) CITY INOPERABLE POLICE MOTORCYCLES TO BE APPLIED TOWARD THE OFF -SET OF THE FIRST YEAR'S LEASING COSTS OF THE TWO (2) NEW FLHPI MOTORCYCLES WHEREAS, the Police Department has five (5) inoperable police motorcycles which prohibit the Department from conducting specific types of traffic control and enforcements, patrols and escort functions that police motorcycle units are uniquely designed for, and WHEREAS, in a continuing effort to restructure and improve the level and quality of police services provided to citizens, businesses and visitors, it is necessary for the Department to acquire the equipment and technology to support police operations; and WHEREAS, Peterson's Harley- Davidson of Miami, L.C. will allow a six thousand three hundred dollar ($6,300.00) off set for the trade of five (5) inoperable police motorcycles in the Police Department's fleet, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 06 -6884 Section 2. The City Manager is hereby authorized to enter into and execute a twenty -four month (24) lease agreement with Peterson's Harley- Davidson of Miami, L.C. for two (2) FLHPf motorcycles at a cost of sixteen thousand, three hundred twenty dollars ($16,320.00), payable from Account No. 22- 521649. Section 3. The City Commission further authorizes the receipt of six thousand three hundred dollars ($6,300.00) from Peterson's Harley - Davidson, L.C. for five (5) city inoperable police motorcycles to be applied toward the off -set of the first year's leasing costs of the two (2) new FLHPI motorcycles. PASSED AND ADOPTED this 266 day of APRIL , 2006. VICE YOR Approved as to form and legal sufficiency: It CI Y O RtY p DA Resolution No. 06 -6884 Moved by: COMMISSIONER HOLMES Second by: COMMISSIONER JOHNSON Commission Vote: 3 -0 Commissioner Tydus: NOT PRESENT Commissioner Holmes: YES Commissioner Johnson: YES Vice -Mayor Pinder: YES Mayor Kelley: NOT PRESENT Resolution/ - Leasing Agreement with Peterson's Harley - Davidson of Miami -04-06