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96-22141 RESO FC" . ~. /, . JIo:OVED i';2~ : RESOLUTION NO. 96-22141 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE LEASE OF FIFTEEN (15) 1997 HARLEY DAVIDSON POLICE MOTORCYCLES (FLHP-I) FROM HARLEY DAVIDSON OF MIAMI, L.c. AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A LEASE AGREEMENT BETWEEN THE CITY AND HARLEY-DAVIDSON OF MIAMI, L.c. WHEREAS, the City wishes to lease fifteen (15) 1997 Harley Davidson Police Motorcycles (FLHP-I) from Harley Davidson of Miami, L.C. for twenty-four (24) months with full maintenance and repair; and WHEREAS, funds of$350 per month per unit or a total cost of$63,000 per annum are available from Fleet Management for the lease of said police motorcycles; and WHEREAS, Harley Davidson of Miami, L.C. agrees to the lease program which includes full maintenance and repair and all administrative costs and agrees to provide for a loaner police motorcycle from the dealer during regular scheduled maintenance (with prior 24 hour notice) or emergency repair, if available. Harley Davidson of Miami, L.C., represents that priority service is given to all Police Motorcycles at Harley Davidson of Miami, L.C., without exception. NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE CITY COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA: Section 1. The City of Miami Beach herein authorizes the lease of fifteen (15) 1997 Harley Davidson Police solo Motorcycles (FLHP-I Road King) from Harley Davidson of Miami, L.C. for a twenty-four (24) month period at the sum of $350.00 per month per unit or a total cost of $63,000.00. PASSED and ADOPTED this 25th d Section 2. The Mayor and City Clerk are herein authorized to execut Lease Agreement between the City and Harley Davidson of Miami, L.C. ATTEST: pokJ<r r~ City Clerk JGP/MDB/AET/se AIRES02.WPD CITY OF MIAMI BEACH m CITY HALL 1700 CONVENTION CENTER DRIVE MIArJlI BEACH FLORIDA 33139 L . COMMISSION MEMORANDUM NO. ~S~-Cj L TO: Mayor Seymour Gelber and Members of the City Commission DATE: September 25, 1996 FROM: Jose Garcia-Pedrosa City Manager SUBJECT: Request Approval to ease Fifteen (15) 1997 Harley Davidson Police Motorcycles (FLHP-I from Harley Davidson of Miami, L.C. The lease is for 24 months and includes full maintenance (excluding tires and fuel). The cost is $350 per month per unit or a total cost of $63,000 per annum. Funds are available from Fleet Management. ADMINISTRATION RECOMMENDATION Approve the Lease. BACKGROUND For the past 18 months Fleet Management has been unable to provide proper and timely servicing of the City's motorcycle fleet due to availability of a certified mechanic. The amount of downtime and cost associated with making repairs no longer make the task of repairs cost e!fective by in-house staff. Recently Fleet Management took action to provide consistent vehicle repairs and maintenance by outsourcing all motorcycle repairs to factory authorized dealers. To lease motorcycles with a full maintenance agreement will be consistent with Fleet Managements mission statement which is to be the preferred provider of cost effective goods and services and in a timely manner. ANAL YSIS Annual cost to Maintain Harley Motorcycles by the City -Parts and Labor -Downtime*(22,522 hours or 938 days) $ 60,538 Annual cost of Lease -Lease Program Cost ** -Plus Tires (Estimated) $ 66,400 $63,000 $ 3,400 Annual Projected Cost $ 5,862 Reduction of (1) mechanic through attrition FY 96/97 $ 41.870 Total Annual Projected Savings $ 36.008 Agenda Item Co., 0 Date 9-2S-Qk- * Downtime: The motorcycle officers objective is traffic enforcement. There is a commitment to the community to enforce traffic laws especially with emphasis on speeding on our roadways such as Alton Road, LaGorce, Pinetree, MacArthur Causeway and most importantly our school zones. Also motorcycles officers have a far greater accessability to problems on our streets during heavy traffic and gridlock situations; in responding to emergences, time of response can be critical. With down time of the City's older motorcycles being so significant, the motorcycle officer's effectiveness is greatly diminished. ** Lease Program The lease program includes full maintenance and provides for a loaner vehicle from the dealer whenever maintenance is scheduled or required. Priority service is given to all Police Motorcycles at Harley Davidson of Miami, L.C. without exception. The following motorcycles will be dead lined and sold at auction. Equip # YR Model Serial Number Date Mileage Maint Acquired To Date 92-9* 89 FXRP 1HD1EDL 17KY112315 4/27/89 60,400 $9,740 89-1 91 FXRP 1 HD1 EFL 18MY123323 2/28/91 64,956 $7,904 87-1 91 FXRP 1 HD1 EFL 11 MY122322 2/28/91 42,701 $4,919 86-1 91 FXRP 1 HD1 EFL 11 MY122059 2/28/91 38,000 $4,656 85-1 91 FXRP 1HD1EFL 14MY122945 2/28/91 66,898 $8,602 80-1 91 FXRP 1 HD1 EFL 11 MY123020 2/28/91 68,281 $6,824 75-1 91 - FXRP 1HD1EFL 15MY123201 2/28/91 66,574 $6,172 68-2 92 FXRP 1HD1EFL 12NY127255 6/26/92 41,311 $8,109 67-2 92 FXRP 1HD1EFL 12NY127398 6/26/92 30,881 $4,571 66-2 92 FXRP 1 HD1 EFJ11 NY127263 6/26/92 25,553 $4,634 65-2 92 FXRP 1HD1EFL 18NY127356 6/26/92 37,728 $5,360 64-2 92 FXRP 1HD1EFL 12NY127322 6/26/92 40,730 $8,195 63-2 92 FXRP 1 HD1 EFL 19NY127348 6/26/92 51,471 $7,563 62-2 92 FXRP 1 HD1 EFL 15NY127329 6/26/92 51,471 $3,048 73-9 89 KZ1000 JKAKZCP28KB506717 5/17/89 46,406 $4,333 78-4 94 KZ1000 JKAKZCP20RB511730 9/26/94 33,487 $5,917 * Not Replaced. This vehicle was donated to PAL per Commission action on September 9, 1996. CONCLUSION Approve the lease program. JGP/~/AET/me A:\COMM3WPD HARLEY-DAVIDSON OF MIAMI, L.e. 19400 N.W. 2nd Avenue Miami, Florida 33169 305-626-9464 FAX 305-653-8006 1997 LEASE AGREEMENT FOR HARLEY-DAVIDSON POLICE MODELS This agreement made and entered into between HARLEY -DA VIDSON OF MIAMI, L.C., designated as the Lessor, and The City of Miami Beach, a Florida municipal corporation, designated as Lessee, made this ?o1\o. day of September 1996, for the purpose of leasing to the Lessee (15) Fifteen, HARLEY-DAVIDSON Police motorcycles under the following terms and conditions: .L EQUIPMENT Fifteen, (15) 1997 HARLEY-DAVIDSON model FLHP-I ROAD KING Police solo motorcycles with the complete description provided on attached specification sheet (Exhibit A). VIN Numbers to be provided and attached upon execution ofthis agreement by Lessor on attached sheet (Exhibit B). 2. AGREEMENT TERM This agreement shall be effective as of the date execution, however, the term of this agreement shall commence as of the date of delivery of the aforesaid Police motorcycles for a period of 24 months. Motorcycles leased under this agreement are to be used for Police and related activities, and off-duty details, funeral escorts, and parades only; however Lessee must obtain prior permission to use any subject motorcycle in a rodeo). 3. PAYMENT PERIOD Lessee shall pay twenty-four [24] monthly payments in the amount of $350.00 per motorcycle. Payments shall be as follows: 1. Within 15 days of formal acceptance of this Agreement by the Lessee's administration and Commission. 2. on the 15th day of the Month after actual delivery of each motorcycle; and 3. on the 15th of each and every month thereafter until all twenty-four (24) payments have been made for each motorcycle delivered. All payments shall be made to Lessor at its place of business at 19400 N.W. 2nd Ave, Miami, Florida 33169. If payments are mailed, they shall be posted in sufficient time to arrive on the 15th of the month. The payments include the cost of the equipment, payment of interest, full maintenance [less tires] and administrative costs. Monthly rental, per motorcycle shall be payable by the Lessee to Lessor on the 15th day of each month during the term of this lease. 4. INSURANCE The Lessee, City of Miami Beach, is a municipal corporation and shall self-insure all motorcycles which are the subject matter of this agreement. Each motorcycle shall be self -insured for casualty in the amount of $100,0001200,000 with respect to each incident the motorcycle may be involved in/with and self-insure for Public Liability and Property Damage sufficient to protect the full value of the equipment and to protect the Lessor from Liability in all events. 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, dt;livery and/or return of the motorcycles including, but not limited to injuries causing personal injury, property/damage and/or death, 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 through all trial and appellate levels incurred by the Lessor in connection with any suits or actions resulting from any special liability. 6. LIENS The Lessee shall not directly or indirectly create, incur, assume or suffer to exist any mortgage, pledge, lien, charge, encumbrance, or claim on or with respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, remove such mortgage, pledge, lien, charge, encumbrance or claim not expected 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 Motorcycles during the term of this Agreement. 8. CARE AND USE OF EOUIPMENT The Lessor agrees to fully maintain and repair each Motorcycles (less tires)during the full term of this agreement (including any extensions) pursuant to the Manufacturer's Standard Preventative Maintenance Contract and/or Recommendations. Further, said motorcycles are covered by the manufacturers 12 month standard warranty; Lessee shall also have any and all benefits covered by said warranty. All repairs shall be made at HARLEY-DAVIDSON OF MIAMI, L.C. 19400 N.W. 2nd Avenue, Miami, Florida 33169, at regular intervals set up by the Lessor in accordance with the Service Schedule attached hereto as Exhibit C. If the Lessee notifies the Lessor at least 24 hours in advance of scheduled service the Lessor shall provide a loaner police motorcycle to the police officer rider, if available. Also in the event of emergency repairs to the motorcycle, a loaner police motorcycle shall be provided, if available. Lessor maintains a special division within its motorcycle repair department to to give priority service and repair police motorcycles. The Lessee shall protect the Motorcycles from deterioration other than normal wear and tear, shall use the Motorcycles for Police related Activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or police required accessories or controls) without written consent of the Lessor, which shall not be reasonably withheld. The Lessor, shall have the right, during regular business hours, upon prior 24 hour notification to the police representative for Fleet Management of the police motorcycles, to enter upon the premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford Lessor of reasonable opportunity to do so. 9. DAMAGE OR DETERIORATION OF MOTORCYCLES In the event the Motorcycles are partially damaged due to the actions of the Lessee or is employees prior to the end ofthis Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order at Lessee's expense. Any damage done to lease motorcycles during the officers training as a result of abuse or negligence, 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 just the paint and body parts. All repairs must be done at Lessors repair facilities. Should the Lessor find that a certain police rider is abusing or has shown a pattern of negligence with the handling of the motorcycle, Lessor shall notify the police representative in charge of Fleet Management of the motorcycles, in writing detailing the acts of abuse and or pattern of negligence; if said acts continue after notification, further acts shall constitute a material breach of this agreement at to the lease of said motorcycle and this agreements may be terminated at to that specific motorcycle by the Lessor upon written notice. In case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be $14.500.00 minus 2% for each month the Agreement was in effect and less the salvage value of the motorcycle.. 10. ONE DESIGNATED RIDER One police rider shall be designated for each motorcycle. 1L RIDER RESPONSIBILITY AND PRIVILEGES The police rider and Lessee will be responsible for keeping the motorcycle clean and reporting 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 by the Lessee City under its self- insurance program, and the distance is no more than forty (40) 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 requires to be paid hereunder, or B: Lessee shall fail to keep any such other term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, and Lessee shall fail to remedy such event of default within thirty (30) days, after written notification, sent by certified mail with copies to the Director of Fleet Management and to the police representative in charge of Fleet management ofthe police motorcycles, Lessor or its assigns shall have the right, at its option without further demand or notice, to pursue any of the following remedies, to wit: A. Any action at law or in equity as may appear necessary to collect the payments, or interest, then due and thereafter to become due; B. Or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement; or C. To terminate this agreement in part or whole and to retake the motorcycle(s) by appropriate order or writ of court. Lessee shall be deemed to be in default under this Agreement upon failure to comply with any material term, covenant or condition contained herein. 13. MAINTENANCE AND EOUIPMENT Lessor shall provide full maintenance of the motorcycles at no cost to the Lessee. Lessor shall not supply Lessee with gasoline, tires or radio. All maintenance shall be done at HARLEY-DAVIDSON OF MIAMI, L.C. 19400 N.W. 2nd Avenue, Miami, Florida 33169. 14. SUBLEASE OR ASSIGNMENT This lease may not be assigned by either the Lessor or Lessee. Neither the Lessor not Lessee may effect the subleasing of the motorcycles. This agreement shall be governed in accordance with the laws of the State of Florida. rl.. In witness whereof, the parties hereto have caused this Agreement to be executed as of this Ldayof OCte>h~ 1997. b ATTEST: J?olu-t>r ~~~ CITY CLERK BY: APPROVED AS TO FORM: ~~ HARL Y-DA VIDSON OF MIAMI, L.C. BY: PHIL PETERSON, PRESIDENT ~1~ CITY ATTORN Y SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: ~~~ f~/;Z#-~ W TNESS FORM APPROVED Legal D~t. By 4i/. ~ ;jJ:--:- Date 0;/ /:K /1 ( ENGINE BORE & STROKE CARBURETION COMPRESSION RATION TORQUE CLUTCH TRANSMISSION BRAKES DRIVE EXHAUST WHEELS TIRES ELECTRICAL SPEEDOMETER FUEL TANK OIL TANK CAPACITY " EXHIBIT A HARLEY-DAVIDSON OF MIAMI, L.e. 19400 N.W. 2nd Avenue Miami, Florida 33169 305-626-9464 FAX 305-653-8006 1996 ROAD KING POLICE SPECIFICATIONS HARLEY-DAVIDSON POLICE SOLO MOTORCYCLE FOUR STROKE, AIR COOLED, 1340cc/80 CID V OHV VIBRATION ISOLATED V.TWIN, BLACK &CHROME 3.498 X 4.250 FUEL INJECTED 8.5:1 82.5 ft/lbs @ 3600 RPM SHALL BE OF THE LATEST MULTIPLE PLATE DESIGN REQUIRES CLUTCH DISENGAGED FOR STARTER OPERATION FIVE SPEED WITH HEEL-TOE SHIFT LEVER HYDRAULIC TWIN DISC...DUAL FRONT....SINGLE REAR DOUBLE ROLLER CHAIN...SELF LUBRICATEDmFRONT GATES KEVLAR REINFORCED POL YCHAIN...REAR CHROME CROSSOVER DUAL MUFFLERS 16 INCHmTUBELESS...CAST ALLOY..BEAD RETENTION RIMS DUNLAp.....BLACK-WALL...MT 90X16T FRONT AND REAR 12 VOLT, 38 AMP, 445 WATTS, BATTERY 20 AMP/HR DIGIT AL CALIBRATED FOR POLICE WORK FIVE GALLON TANK WITH .4 GALLON RESERVE HAS LOCKING GAS COVER 4.0 QUARTS SEAT DELUXE POLICE SOLO SADDLE WITH AIR SUSPENSION BACK SUPPORT DESIGN AND QUICK RELEASE MECHANISM LIGHTS HALOGEN HEADLIGHT COMPLETE WITH STROBE PACKAGE FRONT PURSUIT LIGHTS, ONE RED, ONE BLUE. STORAGE BOX WITH THREE STROBES IN REAR SIREN ELECTRONIC---FEDERAL MODEL MCS WITH MICROPHONE, WATERPROOF AMPLIFIER, TWO TONE - YELP & WAIL WINDSHIELD WINDSHIELD ONLY, CLEAR, ADJUSTABLE COLOR BIRCH WHITE, BLACK ENAMELED POWDER COATED FRAME OR PANELED TO YOUR SPECIFICATIONS SADDLEBAGS BLACK FIBERGLASS WITH TOP SIDE OPENING WHEELBASE 62.9 INCHES SADDLE HEIGHT 29.5 INCHES DRY WEIGHT 712 POUNDS FRONT SUSPENSION TELESCOPIC FORK, AIR SUSPENSION WITH ANTI-DIVE SYSTEM REAR SUSPENSION AIR ADJUST ABLE REAR SHOCKS LEAN ANGLE (PER SAE Jl168) RIGHT 31 DEGREES LEFT 30 STANDARD EQUIPMENT FRONT & REAR CHROME SAFETY BARS CHROME STEEL FOOTBOARDS TWO TRUE IMAGE MIRRORS CHROME SADDLEBAG GUARD SELF.CANCELLlNG DIRECTIONAL SIGNALS HAZARD WARNING FLASHERS FUEL GAUGE TACHOMETER RADIO CARRIER INDICATOR LIGHTS ISOLATED ENGINE & TRANSMISSION RUNNING LIGHTS FRONT AND REAR BUMPERS ONE KEY FITS ALL LOCKS SIGHT GAUGE. BRAKE MASTER CYLINDER BATTERY CENTER MOUNTED