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HomeMy Public PortalAbout15-9030 Enter into a Lease Agreement w/ Petersons Harley Davidson of Miamie Sponsored by: City Manager RESOLUTION NO. 15-9030 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A LEASE AGREEMENT WITH PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC FOR THREE (3) FLHP ROADKING MOTORCYCLES WITH A TOTAL COST OF $36,000.00; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Motorcycles are an essential element in traffic enforcement and other police enforcement efforts; and WHEREAS, the City Commission desires to improve and better equip the Opa-locka Police Department; and WHEREAS, attached as Exhibit"A" is the proposed lease agreement. 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 hereby authorizes the City Manager to enter into the attached lease agreement with Peterson's Harley-Davidson of Miami, LLC for three motorcycles, at a cost of$500.00 per month, totaling $1,500 per month, for a total cost of$36,000 to be taken from account number 22-521649. PASSED AND ADOPTED this 8th day of July, 2015. Resolution No. 15-9030 R• T• LOR MAYOR Attest to: Approved as to form and legal sufficiency: a Joa la Flores Vincent T. Brown, Esq. City Clerk BROWN LAW GROUP, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER KELLEY Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Pinder: YES Commissioner Santiago: YES Vice-Mayor Holmes: NOT PRESENT Mayor Taylor: YES m In in vt 11011,„ fro 411411 /118 4790 -171/8494M A . N , , Q May 9, 2015 d°11'ANNI`VERSp'R`� rn City of Opa-Locka x Sgt. Marcos Gonzalez I mgonzalez @opalockapd_com co Lease Renewal Proposal t0 The City of Opa-Locka's current lease for three (3) Harley-Davidson police motorcycles o. is scheduled for renewal on September 1, 2015. As per your current lease, you have the option to renew. Renewing your lease will replace your current 2014 models with 2016 models. The motorcycles will include ABS brakes and all equipment(i.e.: lights, box, siren etc.) will be transferred from your current motorcycles at no charge. The lease teuii is twenty-four(24) months and will be billed monthly as: Three (3) Black FLHP motorcycles at $500 = $1,500 per month W PLEASE NOTE: The price above reflects a$25 increase per unit per month. This is the first increase in over five years. The price includes all tires and maintenance, with the exception of clutch replacement, physical damages, and repairs from training usage. The lessee will pay for parts only on all clutch replacements/repairs. If you have any questions,please feel free to contact me at 305-651-4811 ext 501. Sincerely, Please sign to accept u. Ace Armstrong General Manager arg re t ch}ec' etll(Id Peterson's Harley-Davidson of Miami Print nawk position/title 0 ui M I A M I S O N L Y A U T H O R I Z F D H A R L E Y - D A V I D S O N D E A L E R S OQ p. 00KO.\. O� h \ y o y •oq^ow i Q�. City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: x (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) n/a Yes No (Enter X in box) x Public Hearing: Yes No Yes No (EnterXin box) X g Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No (Enter Acct No.) 22-521649 (EnterXin box) x ITEM BUDGETED: YES x NO Contract/P.O.Required: Yes No RFP/RFQ/Bid#: n/a (EnterXin box) N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the (Enter X in box) x specific objective/strategy this item will address) Enhance Organizational p Bus.&Economic Dev p Public Safety X Quality of Education Qual.of Life&City Image p Communcation Sponsor Name Department: City Manager Police Short Title: 2015—2017 Lease Agreement with Peterson's Harley-Davidson of Miami, L.L.C. Staff Summary: Staff supports entering into agreement. Proposed Action: Attachment: 1. Interoffice Memorandum 2. Draft Resolution for 2015-2017 3. 2015-2017 Lease Agreement 4. Previous Ordinance/Resolution 11-10 package; 09-7422 package; 06-6884 [resolution only] Z:\Agenda Items and Resolutions-Commission\2017\Motorcycles\Agenda Cover 2015-2017.doc QP-LOCk4 O4.O 0 192 OQ ORP1 E� Memorandum TO: Mayor Myra L.Taylor Vice Mayor Timothy Holmes Commissioner Jos: •h L. Kelley Commissioner Ter- ce K. P.' ier, Commissioner Luis 1.Santia:• FROM: Kelvin L. Baker,Sr., City Mana:yam DATE: June 22, 2015 RE: Execute a Lease Agreement with eterson's Harley-Davidson of Miami, L.L.C. for three (3) 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 $500.00 EACH ($1,500.00 PER MONTH) FOR A TWENTY-FOUR MONTH PERIOD, TOTALING $36,000.00. (A Budgeted Item) 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 requested, and day to day traffic enforcement. The motor unit also assists the School Crossing Guards on an as-needed basis. Financial Impact: $36,000.00, payable from account number 22-521649 Implementation Time Line: Immediately Legislative History: Ordinance Numbers: 11-10;09-7422;06-6884 Recommendation(s): Staff recommends approval. Attachments: 1 2015-2017 Lease Proposal 2 Ordinance No. 11-10 package 3 Agenda Cover Memo Prepared by: Clancy Huckleberry, Executive Secretary End of Memorandum 2015-2017 Motorcycle Leas Renewal Proposal 2013-2015 Motorcycle Lease Purchase Order PURCHASE ORDER NO. 1400099 CITY OF OPA-LOCKA, FLORIDA CITY HALL 780 Fisherman Street, 4th floor OPA-LOCKA, FL 33054 PAGE N0. 1 Tel: 305-953-2868 v T-11537 7 S P POLICE DEPARTMENT 7 E PETERSON'S H-D MIAMI, LC Es., N 19400 NW 2ND AVENUE I CITY OF OPA-LOCKA D P 2495 ALI-BABA AVENUE RI MIAMI FL 33169-3315 OPA-LOCKA, FL 33054 L- D ATTN: ORDER DATE: 1031/13 BUYER: CITY OF OPA LOCKA - POLICE REQ. NO.: 0 REQ. DATE: TERMS: NET 30 DAYS F.O.B.: DESTINATION DESC.: SERVICE ITEM# QUANTITY UOM DESCRIPTION UNIT PRICE EXTENSION 01 12 . 00 EA LEASE OF QTY 3 HARLEY DAVIDSON 1425.0000 17, 100. 00 MOTORCYCLES 2YR AGREEMENT $475.00 PER MONTH PER BIKE _ $1,425. 00 PER MONTH ITEM# ACCOUNT AMOUNT PROJECT CODE PAGE TOTAL $ 17, 100 . 00 01 22 17, 100 . 00 TOTAL $ 17, 100 . 00 52164 9 I PREPAY ALL FREIGHT&ADD TO INVOICE FURNISHING BILL OF LADING. PO NUMBER MUST f APPEAR ON ALL INVOICES, PACKING SLIPS. PACKAGES,&CORRESPONDENCE. IMPORTANT:Mail Invoice in DUPLICATE showing ! F Purchase Order Number to Finance Department- i1 I k/� (3) I PO Box 540371-OPA-LOCKA, Florida 33054 I immediately upon delivery. I I i I q7L- ' See Reverse Side For Additional Information. APPROVED BY V. 2013-2015 Motorcycle Lease Renewal N N N a I0 W Ok, W MC 0{13R? o W HARLEY DAV1DSON Ir- •.---- 0 °o �r '1r 0111" rh M i It/ 0 r7 x September 11, 2013 City of Opa Locka Attn: Sgt. Marcos Gonzalez MGonzalez @opalockapd.com N MI Lease Renewal The City of Opa Locka current lease of three (3) Harley-Davidson FLHP motorcycles is E 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 a ABS brakes. All equipment, i.e.: lights, box, siren, etc. transferred from your current N motorcycles at no charge. z The lease term is twenty-four(24) months and will be billed monthly as per the pricing ° schedule below. a' Li 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 on clutch replacements. c If you have any questions, please feel free to contact me at 305-651-4811 ext 501. a Sincerely, ce • rms ing General Manager Peterson's Harley-Davidson of Miami z 0 N W I— W 0. M I A M I ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEALERS 2013-2015 Motorcycle Lease Agreement to N N In O 0 co w W U. J J 0 I- l0 0 O co U) to U) 0 M 2013 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 u, this day of , 2013 for the purpose of leasing to the Lessee ( )�HARLEY- DAVIDSON Police motorcycles under the following terms and conditions: x 1. EQUIPMENT- *, to 2014 HARLEY-DAVIDSON model FLHP ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. W > Q O 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 Li 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. 0 3. PAYMENT PERIOD- > 4 o 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. m z O 1 N W F W a M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N D E A L E R S m UI N In a IA 0 O c0 W a LL J J 0 H 0 a 0) Y) ID N 0 M X 4. INSURANCE- At its own expense, the lessee shall carry casualty insurance in the amount of$2,000,000 with ,ri 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. x o. 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. L4 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES- W 7 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 a injury, property damage and/or death, except for damages resulting from a design fault in the product, but shall be credited with any amounts received by the Lessee with respect thereto from liability insurance by the Lessee. The indemnification shall include all costs and expenses including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting from and special liability. Nothing contained herein is intended nor shall be construed to waive Lessee's right and immunities under common law and Section 768.28, Florida Statutes. z 0 6. LIENS- ; 0 } 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 a 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 w H w a M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N D E A L E R S ca a N N w 0 0 co w w cc LL J J 0 CD 0 0 m M IA I0 In 0 47 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. In '7, 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, o. 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-Locka 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. at d 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 o withheld. z 0 0 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 n and the Lessee shall afford them the opportunity to do so. O 3 OG M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N D E A L E R S N It) a N O O 03 W W I� J Q F. tD O O CO M Dl ID IA O 9. DAMAGE OR DETERIORATION OF MOTORCYCLES- rgi 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 ui 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 a 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. m M 10. SELECTION OR RIDER- 4 The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper handling and care is exercised. a 0 11. RIDER RESPONSIBILITY AND PRIVILEGES- N 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. U 12. EVENTS OF DEFAULT AND REMEDIES- E Lessee shall be deemed to be in default hereunder upon the happening of any of the following o events of default z O 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. J 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, z 4 W F W d M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N N D E A L E R S w h N N N O 0 W J 0 I- w O O CO N 0 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 perfoimance 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 J 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- z 0 o Neither the Lessor, nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may effect the subleasing of the motorcycle. 0 w -J 4 I N z 0 5 a cr w w G. M I A M I ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N D E A L E R S an N w N O 0 W W U. J J 0 tp 0 0 N 10 N O Pl 15. TERMINATION- U. 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. a 0 M x o. 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 5 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- N 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 ?-1 Agreement shall be in Miami-Dade County, Florida. u 18. GOVERNING LAW- This Agreement shall be construed in accordance with, and governed by, the laws of the State of a Florida. z 0 a 19. HEADINGS- ; cHeadings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. X 0 6 d M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N D E A L E R S ID N In In 0 0 co w w ti. J -J 0 F IO 0 a ID N (0 N 0 20. SEVERABILITY- a 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 t 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. i 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 a future or continuing similar or dissimilar failure. E 22. COSTS AND ATTORNEY'S FEES- If^z' 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 z to recover from the other Party all such costs and expenses, including but not limited to costs and reasonable attorney's fees. a, u -i E u a z a m 0 0 w J CC z rn 0 7 W I- Id M I A M I S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N N D E A L E R S io U1 N to of 0 O W W J J 0 I- 10 0 0 u1 t0 N O In N O P1 I 0. to In witness whereof, the parties hereto have caused this agreement to be executed as of this day of , 2013. W a 0 Z N City Of Opa-Locka: z Attest: 0 0 m u City Clerk Interim City Manager Approved as to form and legal sufficiency: f LL City Forney o Ace A st ong City Manager General Manager City of Opa-Locka Peterson's Harley-Davidson of Miami, LLC a t z 8 re I1 f- W a. M I A M I ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEALERS 2011-2013 Motorcycle Lease Renewal Agreement Opa-locka Ordinance No. 11-10 1st Reading: June 22, 2011 2nd Reading: July 13, 2011 Public Hearing: July 13, 2011 Adopted: July 13, 2011 Effective Date: July 14, 2011 Sponsored by: Commissioner 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 22-521649; 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 are essential to law enforcement agencies; and WHEREAS, the City Commission desires to improve and better equip the Police 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: 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 Harley-Davidson of Miami, LLC, to lease three (3) FLHP Road King Motorcycles, at an anticipated cost of $475.00 each per Ordinance No. 11-10 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. Section 5. 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 13th day of July, 2011. (-LC /-- . -4 RAT •1 LOR MA OR Attest to: Approved as to form and legal sufficiency: Deborah s. Irby J .h S. e tiller City Clerk tit Atte ey Moved by: VICE MAYOR JOHNSON Seconded by: COMMISSIONER HOLMES Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES ` Memorandum TO: Mayor Myra L.Taylor Vice Mayor Dorothy Johnson Commissioner 'timothy Holmes Commissioner Gail Miller Commissioner Rose Tydus FROM: Clarance Patterson,City Manager DATE: June 9,2011 RE: Execute a Lease Agreement with Peterson's Harley-Davidson of Miami,L.L.C. to lease three Police Motorcycles Request APPROVAL OF RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO AND EXECUTE AN AGREEMENT WITH PETERSON' HARLEY-DAVIDSON OF MIAMI, L.L.C. TO LEASE THREE (3) FLHP ROADKING MOTORCYCLES. THE EXPECTED COST IS $475.00 EACH FOR A TWENTY FOUR MONTHPERIO[), TOTALING$34,200.00. Descrindon: 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. Financial Impact: This expenditure for two (2) motorcycles was included in 2010-2011 Budget;however the third motorcycle was not.The monies may be taken from line Item 521649, Operating Expense which as of 05/16/2011 reflects$10,200.00. Imulementatlon lime Line: Upon Commission approval and signage of the Lease Agreement,permission to procure the motorcycles will be initiated and a time line confirmed. Lezifilatiye History: Sense 2009 the City of Opa-locka has had a two(2)man motorcycle unit. Recommendation(s): As a result of the Department's continuous efforts to improve and be better equipped to provide services to the City of Opa-locks it is recommended that this Agenda Item recei ve favorable support and approval from the City Commission. 1 Analysis By the City execution of the lease the Department will be better able to provide services to the citizens of the City of Opa-locks. Memorandum City Commission Re: Police Bicycle Unit March 11,2011 Page 2 of 2 Attachments: Copy of Lease Proposal 2011 Lease Agreement for Harley-Davidson Police Motorcycles Prepared by: Clancy Huckleberry End of Memorandum 2 ,a t '1 d N r o ill ; O L '''�-! 4 .fir,; o tier! , O O q.j� r f j- �r ., o w M January 22,2011 �, c m -- City of Opa-Locka Via Email: dchiverton@olpd.gov L. v m b O 0 Lease Proposal . a a The City of Opa-Locka's current lease of two(2) Harley-Davidson FLHP motorcycles is 7, scheduled for renewal in April/A:lay,2011. Y. Peterson's Harley-Davidson of Miami,L.L.C.proposes to increase your current Beet by a three(a),making a total of five($)motorcycles.The motorcycles will include all f equipment,i.e.:lights,box,siren,ABS brakes etc. v a The lease term is twenty-four(24)months and will be billed monthly as per the pricing " schedule below. Solid Color $475.00 per month c a Li The price includes all tires and maintenance with the exception of clutch replacement and t t J physical damages. The lessee tvill pay for parts only on clutch replacements. as s i � 4 If you have any questions,please feel free to contact me at 305-651-4811 ext 501. o 4.) Since ly , -4 W ' J J `� Ace Armstrong +,. r General Manager Peterson's Harley-Davidson of Miami (North) z 4 O C; + in f f W F f W r a .j `.t,..Y :' 9 l 13 1)113411 IP Ibil 4 4 4 el ..ti X' I I ,'J I :7—'-' v Pr'. ' • copy 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 rn day of ,2011 for the purpose of leasing to the Lessee(3L.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 Agreemeet 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 T,oyliami,L.L.C. Motorcycles leased under this Agreement are to be used for police and related actielities: 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. LNSURANCE- 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 terms and conditions of this agreement. The Lessor shall be named as additional insured and loss payee. 5. 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 andlor 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 the, onn 1 f1.1,50 1, liability insurance by the Lessee. The indemnification shall include all Snsts and expenses 61-, ./s■ including Attorney's fees incurred by the Lessor in connection with any:suits or actions resulting from anlyspecial liability: Nothing contained herein is intended nor shall be construed to waive 'st -st Lesseeii right and immunities under common law and Section 76,8.28, Florida Statutes. 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 MEV e 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. 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-Locka 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. 3 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,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, 4 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. 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 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 effect the subleasing of the motorcycle. 5 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. 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. 6 20. SEVERABErry- 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. 2.2. COSTS AND ATTORNEY'S FEES- If either Lessor or Lessee is required to enforce the terms of this Agreement by court proceedings cr otherwise, whether or not formal legal action is required, the prevailing Party shall be entitled to recover from the other Party all suchcosts and expenses, including but not limited to costs cod reasonable attorney's fees, re6=i0)161))1 tAit tYy2 7 2011 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 iCI TH day of SE PTE 1-1 tIPR- 2011. CITY OF OPA-LOCKA: Attest: . — - ---;:-' -- ,,A----- Deborah S, Irhy ,.. c--p ' ' rya K. Filmic. City Clerk - Interim City Manager Approved as to form and legal sufficiency: , __\-4(-----,-„--,---- -- - i J.)seritt-'15. 6/eller City J PETERSON'S HARLEY-DA14DSON OF MIAMI, L.F.C: ,,- ,,- , /I i / - Ace _1\7:r__,;ti-Dif.g:GeWer-2.1 l'lar.a4er 1---et2;•rs.:r: Harle;r-Da;ijon of T%11,--1--' LL.C.' 8 The City of Opa-locka . , POLICE DEPARTMENT Viii' w.. '•�' Committed to professionalism and community partnership 412-6a.i.".q.- oil'. ,ttgi City grab" 2495 All Baba Avenue 780 Fisherman Street Opa-Locka,FL 33054 Suite 335 Voice:305-681-1033 Opa-Locka.FL 33054 Fax:305-953-3417 305-638-4611 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: 1 1HD1FHM13CB614505 2 1HD1FHM1XCB614789 3 1HD1FHM14CB614836 /cc "Serving and Protecting YOU!" { 2009-2011 Motorcycle Lease Renewal Agreement Opa-locka Resolution No. 09-7422 Sponsored by: City Manager COpv RESOLUTION NO. 0 9—7 4 2 2 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. I. Resolution No. 0 9—7 4 2 2 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. dl , mgr • 'HL. 4 L MAYOR Attest: Approved as to form and legal sufficiency: 0-/e .___ --- •eborah . , . Burnadette Norris-Weeks City Cle City Attorney CERTIFICATE OF COVERAGE Certificate Holder&Loss Payee Administrator Issue Date 03/12/09 PETERSON'S HARLEY-DAVIDSON OF MIAMI LLC Florida League of Cities,Inc. 19400 NW 2N0 AVENUE Public Risk Services MIAMI FL 33169 P.O.Box 530065 Orlando,Florida 32853-0065 COVERAGES THIS IS TO CERTIFY THAT THE AGREEMENT BELOW HAS BEEN ISSUED TO THE DESIGNATED MEMBER FOR THE COVERAGE PERIOD INDICATED.NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE COVERAGE AFFORDED BY THE AGREEMENT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH AGREEMENT. COVERAGE PROVIDED BY: FLORIDA MUNICIPAL INSURANCE TRUST AGREEMENT NUMBER: FMIT 0435 COVERAGE PERIOD:FROM 10/1/08 COVERAGE PERIOD:TO 10/1/09 12:01 AM STANDARD TIME TYPE OF COVERAGE-LIABILITY TYPE OF COVERAGE-PROPERTY General Liability ❑ Buildings ❑ Miscellaneous ❑ Comprehensive General Liability,Bodily Injury,Property Damage and ❑ Basic Fonn ❑ Inland Marine Personal Injury ❑ Special Form ❑ Electronic Data Processing ❑ Errors and Omissions Liability ❑ Personal Property ❑ Bond ❑ Supplemental Employment Practice ❑ Basic Form ❑ ❑ Employee Benefits Program Administration Liability ❑ Special Form ❑ Medical Attendants'/Medical Directors'Malpractice Liability ❑ Agreed Amount ❑ Broad Form Property Damage ❑ Deductible N/A ❑ Law Enforcement Liability ❑ Coinsurance N/A ❑ Underground,Explosion&Collapse Hazard ❑Blanket ❑Specific Limits of Liability ❑ Replacement Cost •Combined Single Limit ❑Actual Cash Value Deductible N/A Automobile Liability Limits of Liability on File with Administrator • Al owned Autos(Private Passenger) TYPE OF COVERAGE-WORKERS'COMPENSATION ® AI owned Autos(Other than Private Passenger) ® Hired Autos ®Statutory Workers'Compensation ® Non-Owned Autos ® Employers Liability $1,000,000 Each Accident $1,000,000 By Disease Limits Liability $1,000,000 Aggregate By Disease •Combined Single Limit ❑ Deductible N/A Deductible Stopkus$25,000 ❑ Automobile/Equipmerrt—Deductible IS Physical Damage Per Schedule-Comprehensive-Auto Per Schedule-Collision-Auto N/A-Miscellaneous Equipment Other The limit of liability is$100,000 Bodily Injury and/or Property Damage per person or$200,000 Bodily Injury and/or Property Damage per occurrence.These specific limits of liability are increased to$1,000,000(combined single limit)per occurrence,solely for any liability resulting from entry of a claims bill pursuant to Section 768.28(5)Florida Statutes or lability imposed pursuant to Federal Law or actions outside the State of Florida. Description of Operations/Locations/Vehicles/Special Items RE: (2)Leased Motorcycles-2008 Harley Davidson Motorcycle,VIN 6830:2008 Harley Davidson Motorcycle.VIN 6790. TMS CERTIRCATE a ISSUED AS A MATTER OP MFORIUMON ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER TIN CERTWICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE AGREEMENT ABOVE DESIGNATED MEMBER CANCELLATIONS SHOULD ANY PART OF THE ABOVE DESCRIBED AGREEMENT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 45 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED ABOVE,BUT FAILURE TO MAIL SUCH CITY OF OPA-LOCKA NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY IOND UPON THE PROGRAM,ITS 780 FISHERMAN STREET,4th FLOOR AGENTS OR REPRESENTATIVES. OPA-LOCKA FL 33054 Ik\‘. • , 4'' AUTHORIZED REPRESENTATIVE FMIT-CERT(10/861 N c! • co O , o MOTOa . 1- W HARLEY-DAVIDSON Dom--- In 1/1 M c0 In 0 M 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 2.1 day of Marc.►-, , 2009 for the purpose of leasing to the Lessee (2) two = HARLEY-DAVIDSON Police motorcycle under the following terms and conditions: L0 1. EQUIPMENT- i LL 2008 HARLEY-DAVIDSON model FLHP-I ROADKING Police solo motorcycle with the complete description provided on attached specification sheet. W ° z N 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 Li 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. 0 z 0 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 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 a0 1 Cr W I- W a MIAMI ' S ONLY AUTHORIZED HARLEY - D . VID ON DEA - 5 IL . N 0 0 W O o MOTOR -�W HARLEY-DAVIDSON - �- u1 M 1 . tp L;) 0 4. INSURANCE- ; At its own expense,the lessee shall carry casualty insurance in the amount of MOOROf 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 demployees working on, in, or about the motorcycle. The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance m 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- 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 a 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 he credited with o any amounts received by the Lessee with respect thereto from liability insurance by the Lessee. °c 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 6. LIENS- 0 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 a 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 rg due to the Lessee's action or inaction. x z 0 1- W O. _ . . • • p is N 0 • I O CO W 0 • p 44, MOp W HARLEY-DAVIDSON - o ca � ►,' o , to 4 M 1 , 0 rn N 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, ofreight 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-Locka is Tax exempt under Florida Law. m 2 8. CARE AND USE OF EQUIPMENT- ; M L. The Lessor agrees to maintain the Motorcycle pursuant to the Manufacturer's Standard f 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. w 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. cThe 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 unreasonable J withheld. 1 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. O 9. DAMAGE OR DETERIORATION OF MOTORCYCLES- ; o 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 zLessee's expense. This includes damage done to engine. transmission, clutch, brakes and not 3 0 cr W a. iD a • N 0 0 CO ct O w , NI W HARLEY-DAVIDSON O , /'Q CO 0 4 IN 4 M to 0 O 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 a3) 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. J f l3. MAINTENANCE AND EQUIPMENT- Lessor shall 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 Z shall be done at PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.. 19400 NW 2ND N 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 effect the subleasing of the motorcycle. J J 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. J a m 0 z U) 5 w I- w 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 2.144, day of Marche 2009. CITY OF OPA-LOCKA: Attest: ALII■ i •-.orah S. r•y innie City Clerk w%r'Brim City Manager Approved as to form and legal sufficiency: Burnadette-Norris-Weeks, P.A. City Attorney PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C: /./ 11 Peterson's Harley-Davidson of Miami, L.L.C. 6 •u' � N cc O , o MC OIOF17 a W HARLEY-DAVIDSON 0 O 0 0 O M 4 W a o In witness whereof,the parties hereto have caused this agreement to be executed as of this oo day of , 2009. M i Cl. 10 M r7 J LL Q w > Q O Z N ATTEST: o BY a a U CITY MANAGER 4 w z APPROVED AS TO FORM 0 In 0 a a PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C. ce 6 •. ! •• • . • : • . _ . - • • V IDSON DEALERS 2006-2009 Motorcycle Lease Renewal Agreement Opa-locka Resolution No. 06-6884 Sponsored by: City Manager Resolution No. 0 6-6 8 8 4 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 MIAMI, 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) FLHPI 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 FLI-IPI motorcycles. PASSED AND ADOPTED this 26 day of APRIL 2006. VICE MAYOR t to: , Approved as to form and legal sufficiency: • .. - - /// ' I1(1 TY CLF• K CI Y • TORy O DA E -- --- 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 N N t N 0 0 • • • • • - • Op 'A 2006 LEASE AGREEMENT FOR HARLEY-DAVIDSON POLICE MODELS This agreement made and entered into between P ON'S HARLEY-DAVIDSON OF MIAMI,L.C.,designated as the lessor,and Cr*° •gaited as the lessee,made this o2 v `day of,,, for the purpose of leasing to the Lessee(j)�HARLEY-DAVIDSON Police motorcycle • - the following terms and conditions: 1. EQUIPMENT- a 0 s et 2006 HARLEY-DAVIDSON model FLHP-I ROADKING Police solo motorcycle with the complete description provided on attached specification sheet_ 4 aE 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_2006 models and acquiring 2008 models under the same equipment items and for the same terms and conditions as set forth herein. If Lessee decides not to retain the 2006 model motorcycles,they must be returned to l ' Petersons Harley-Davidson of Miami,L.C. Motorcycles ii ey , leaned under this Agreement are to be used for police and related activities:off-duty details, funeral escorts and parades only. Any 0 other use shall require the prior written consent of Lessor_ g 3. PAYMENT PERIOD- o Lessee shall y Payments pay monthly payments in the amount of X325.00 for each motorcycle. Pa include the cost of equipment payment of interest,full maintenance and administrative costs less 4 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 tear of this lease. • at w ►- m 4 N • • 4. 44; 4111'IP MGTOa7?:� ✓ C��LES> o O .-=.4 s I w • � r♦ �1 1 • O 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 o Liability in all events. The Lessee shall carry Worker's Compensation covering all its n 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, k. iE 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES- t 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. • u J s 6. LIENS- The Lessee shall not directly or indirectly create,incur,assume,or suffer to exist any mortgage, • o pledge,lien,charge,encumbrance or claim on or with respect to the motorcycle,except with • respect to the respective rights of the Lessor as herein provided. Lessee shall promptly,as its } own expense,take such actions as may be necessary to duly discharge any suck 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. a 7. TAXES AND FEES- I= I" 2 IF M L �o N • a 0 0 0 • o __milli �'. •V ♦�, • r w K `' 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, f 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 C % is Tax exempt under Florida Law. S. CARE AND USE OF EQUIPMtiNT- • 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 6. PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.C., 19400 NW 2ND AVE,MIAMI, FLORIDA 33169. The Lessee,at its own cost and expense,shall ensure delivery of the 4 Motorcycle to PETERSON'S HARLEY-DAVIDSON OF MIAMI; L.C., 19400 NW 2ND AVE, aE MIAMI,FLORIDA 33169,at regular intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit 2. 0 z "' 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. V The Lessor,shall have the right,during regular business hours to enter upon the premises where i 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 MOTORCYCLES- 0 o a In the event the Motorcycle is partially damaged or destroyed due to the actions of the',Cate or its employees prior to the end of this agreement,the Lessee will promptly have the Motorcycle w repaired and restored to its original condition and working�B order. Any damage done to lease a motorcycles during the officers training will be repaired as soon as the training is completed at , Lessee's expense. This includes w f damage done to engine,transmission,clutch,brakes and not just the paint and body parts. All repairs must be done at the Lessor's repair facility. In case of :0 3 II, 0 a N t d 0 • • a , c .,,NO1 Op7� 'Hr�lr� l.hrir:S�N' r••-- • • • f • 0 0 Pit i 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. ;, 10. SELECTION OR RIDER- • o The Lessor reserves the right to reject any rider of his Motorcycle so as to be assured that proper handling and care is exercised •x r 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. H 0 12. EVENTS OF DEFAULT AM)REMEDIES- Lessee shall be deemed to be in default hereunder upon the happening of any of the following events of default 0 0 • A. Lessee shall fail to make any periodic payment,or to pay any other payments required ti 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 a remedy such event of default with all reasonable dispatch within a period of thirty(30)days, • I essor or its assigns shall have the right, at its option without any demand or notice,to pursue any of the following remedies: • a re 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. n 0 • 4 W I— DI g b • I,,. . N31 • • a ,` , • A • • a n • 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 a a 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. a 13. MAINTENANCE AND EQUIPMENT- all Lessor shall provide full maintenance of the motorcycle I� id fl at m cost to the Lessee. Lessor shall not supply Lessee with gasoline. All maintenance shall be done at PETERSON'S IIARLEY- • DAVIDSON OF MIAMI,L.C., 19400 NW 2ND AVE,MIAMI, FLORIDA 33169. 14_ SUBLEASE OR ASSIGNMENT- Neither ao° the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may • effect the subleasing of the motorcycle. • u -1 • 15. TERMINATION- 0 This agreement may be terminated by either party for any cause,upon thirty(30) days written • notice by the terminating patty. Lessor shall be entitled to lease payments due or incurred to the date of such termination. Um wi whereof,the parties hereto have caused this agreement to be executed as of this T T day ofaty 2006. I4 a 5 a ,H • is In.1 VV 1lRV1 is 4/4740A W MQTOA ---�W HARLEY-DAVIDSON Pio--- 4 M I a • U1 to I (1, IE R. BEVERLY TY MANAGER ATTEST- BY • TY CLERK U APPROVED AS TO FORM APPROVED AS TO FORM A4' /AL s >ficlewc y z PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.C. TY ` � W IJ 6 w MIAMI ' S O N L Y A U T H O R I Z E D H A R L E Y - D A V I D S O N DEAL . :