98-22983 RESO
RESOLUTION NO.
98-22983
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH HARLEY-
DAVIDSON OF MIAMI, L. C. FOR THE LEASE OF SIXTEEN (16) 1999
HARLEY-DAVIDSON POLICE MOTORCYCLES (FLHP-I)
WHEREAS, the City wishes to lease sixteen (16) 1999 Harley-Davidson p(,li( e
motorcycles (FLPH - I) from Harley-Davidson of Miami, L. C. for twenty-four (24) months with fu 11
maintenance and repair; and
WHEREAS, funds of$350.00 per month, per unit, or a total cost of$67,200.00 per anrurl,
are available from Fleet Management for the lease of said police motorcycles; and
WHEREAS, Harley-Davidson of Miami, L. C. agrees to the terms of the attached L ~a~ e
Agreement, which includes full maintenance and repair, administrative cost, and a loaner poli( e
motorcycle from the dealer during regularly scheduled maintenance (with prior 24 hour notic(~) (r
emergency repair, if available: and
WHEREAS, Harley-Davidson of Miami, L. c., represents that priority service is givEn 1 J
all police motorcycles at Harley-Davidson of Miami, L. C., without exception.
NOW THEREFORE, BE IT DUL Y RESOLVED BY THE MAYOR AND THE CIT I{
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the Mayor and ::i1 y
Commission herein authorize the Mayor and City Clerk to execute the attached Lease Agreenel It
with Harley-Davidson of Miami, L. C. for the lease of sixteen (16) 1999 Harley-Davidson P(,li( e
Motorcycles (FlHP-I).
PASSED and ADOPTED this 2nd day of December, 1998.
I)fl
MAYOR
~c~cf~
APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
1f~
City Attorney
L 0/;'-3/ q r;
TDate
FIMECHI$AI.LIPURCHRE<)IFY<'<)IRLSOI.I'TlIIIA RI.I', Y ,R, MDB
CITY OF MIAMI BEACH
to
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. S08 -98
,-,
-
TO:
Mayor Neisen Kasdin and
Members of the City Commission
DATE: December 2, 19~ 8
FROM:
Sergio Rodriguez
City Manager
SUBJECT:
A RESOLU ON OF THE MAYOR AND CITY COMMISSION OF TH 18:
CITY OF MIAMI BEACH, FLORIDA, AUTHORIZING THE MAYOR ),~N II)
CITY CLERK TO EXECUTE A LEASE AGREEMENT WITH HARLE1'-
DAVIDSON OF MIAMI, L. C. FOR THE LEASE OF SIXTEEN (16) ] 9~9
HARLEY-DAVIDSON POLICE MOTORCYCLES (FLHP-I)
ADMINISTRATION RECOMMENDATION
Adopt the Resolution.
FUNDING
$67,200
Funds are available from Fleet Management Budget Account No.
510-1780.000.323
BACKGROUND
On September 25,1996 the City Commission approved Commission Memo 558-96 (attached) lea sin g
Fifteen (15) 1997 Harley-Davidson Police Motorcycles (FLHP-I) from Harley- Davidson ofMiam.,
L. C. The lease was for 24 months and included full maintenance (excluding tires, fuel and accident:)
and a loaner whenever a motorcycle is under maintenance. Currently the motorcycle fleet is 1(10~ <>
leased.
ANAL YSIS
The Harley Davidson lease program has proven to have a significant positive impact on F let t
Management and the Police Motorcycle Division in reducing downtime for service, and cost (f
repairs. Fleet Management is providing motorcycles and services at levels previously unattaina bit.
For the last thirty (30) months Fleet Management has not been in possession of a "Certified" mechmi.~
for Police Motorcycles. This necessitated all repairs and maintenance to be outsourced, The currer t
lease program has allowed Police Officers to provide increased levels of traffic enforcement on a mar.~
consistent basis because of the availability of these vehicles. It is Fleet Managements recommendatio 1
to continue with the lease program.
CONCLUSION
The City Commission should authorize the Resolution to lease Sixteen (16) 1999 Harley-Davidso 1
Police Motorcycles (FLHP-I) from Harley- Davidson of Miami, L. C.
.Ir1J. ~~y
SRlrvmBl JMF I AET Ism
PPROVED
DATE
L 1.-E~
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AGENDA ITEM
ly, "" 1_,; ':;:OV t:O '
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By vv,,\"\~~~. RESOLUTION NO.
Date -; f(7i(
96-22J/.1
,l"
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIA \11
BEACH, FLORIDA, AUTHORIZING THE LEASE OF FIFTEEN (IS) 1997 HAF~L~Y
DA VIDSON POLICE MOTORCYCLES (FLHP-I) FROM HARLEY DAVIDSON )F
MIAMI, L.c. AND AUTHORIZING THE MA YOR AND CITY CLERK TO EXECUTI A
LEASE AGREEMENT BETWEEN THE CITY AND HARLEY-DAVIDSON OF MIAl'II,
L.c.
WHEREAS, the City wishes to lease fiftcl'n (IS) 1997 Harley Davidson Pol cc
Motorcycles (FLHP.I) from Harley Davidson of Miami, I.c. for twenty-four (24) months with fill
maintel1;Jl1ce and repair: and
WHEREAS, funds of $350 per month per unit or a total cost of $63,000 per annuIY. al ~
available ITom 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., represe!1ts thlt
priority service is given to a1l Police Motorcycles at Harley Davidson of Miami, L.c., without
exception.
NOW THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND THE crn
COMMISSION OF THE CITY OF MIAMI BEACH FLORIDA:
Section I. 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.
Section 2. The Mayor and City Clerk are herein authorized to execut
Lease Agreement between the City and Harley Davidson of Mian1i, L.c.
PASSED and ADOPTED this 25th d
_.J
AITLST
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(02 c (~A ~,~ Cv. (LJA
City Clerk
I( oJ' ~'lI)Jj \ I I
:\ J41"{J.' V.-I'II
,l t . I U r. 1'1 I .}J. 'ti t A ( H
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
:.:-
-[0
1_lt'l
COMMISSION MEMORANDUM NO. S5~-c; L
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
September 25, 19:)6
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Request Approval to ease Fifteen (15) 1997 Harley Davidson Pc lie e
Motorcycles (FLHP-I from Harley Davidson of Miami, L.C. The lea~ e
is for 24 months and includes full maintenance (excluding tires ,:tn d
fuel). The cost is $350 per month per unit or a total cost of $63,000 pE r
annum. Funds are available from Fleet Management.
ADMINISTRA TION RECOMMENDATION
"Approve the Lease,
BACKGROUND
For the past 18 months Fleet Management has been unable to provide proper and timl~ly
servicing of the City's motorcycle fleet due to availability of a certified mechanic, T1e
amount of downtime and cost associated with making repairs no longer make the task of
repairs cost effective 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 provid'~r
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
fi:eduction of (1) mechanic through attrition FY 96/97
$ 41,870
Total Annual Projected Savings
$ 36,008
AClpn1j,l
1 t 'f I C.1 0
'.
* Downtime:
The motorcycle officers objective is traffic enforcement. There is a commitment to th,~
community to enforce traffic laws especially with emphasis on speeding on our roadway;
such as Alton Road, LaGorce, Pinetree, MacArthur Causeway and most importantly )u-
school zones. Also motorcycles officers have a far greater accessability to problems on )u-
streets during heavy traffic and gridlock situations; in responding to emergences, timE 0'
response can be critical. With down time of the City's older motorcycles being so significc:nt
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.
Equjp # YR Model Serial Number Date Mileage Maint
Acquired To Date
92-9* 89 FXRP 1 HD1 EDL 17KY112315 4/27/89 60,400 $9,740
89-1 91 FXRP 1HD1EFL 18MY123323 2/28/91 64,956 $7,90~1
87-1 91 FXRP 1 HD1 EFL 11 MY122322 2/28/91 42,701 $A,91 H
86-1 91 FXRP 1HD1EFL 11MY122059 2/28/91 38,000 $4,650
85-1 91 FXRP 1HD1EFL 14MY122945 2/28/91 66,898 $8,602
80-1 91 FXRP 1HD1EFL 11MY123020 2/28/91 68,281 $6,82L
75-1 91 - FXRP 1HD1EFL 15MY123201 2/28/91 66,574 $6,17;'
68-2 92 FXRP 1HD1EFL 12NY127255 6/26/92 41,311 $8,10S
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 1HD1EFL 19NY127348 6/26/92 51,471 $7,563
62-2 92 FXRP 1HD1EFL 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
-\ (()'1"-" WI'[l
Jan-29-99 03:37P Rosen & Sw;tkes
3055385504
P.02
HARLEY -DA VInSON OF MIAMI, L.e.
19400 N.W. 2Nd Ave.aue
Miami, Ilorida13169
305-616-9464
FAX JOS.65UOO6
1999 LEAS!; AGREEMENT FOR
IlARLEY-DA VlDSON POLICE MODELS
This agreement made and entered mto between HARLEY-DAVIDSON OF MIAMI, L.C.
(Lessor). ADd the CITY OF MIAMI~CH. A Florida municipal corporation, (Lessee). made
this ~ ttA. day of 1 8 for the pwposc of leasing to the Lessee Sixteen (lEi).
HARLEY -DA VJDSO~ _y ... under1bc: followina tenruI and conditions.
M14t I ~q1
L EOUIPMENT
Sixteen (16) 1999 HARLEY-DAVIDSON model FLOP-l ROAD KING police solo
motorcycles with the complete description provided on attached specification she!:r
(Exhibit A), Vehicle Identification Numben to be provided and attached upon execution
of the Agreement by Lessor aod attached hcn.'tO as Exhibit B.
2. AGREEMENT TERM
This Agreement shall be etTective as of the last date of e\ecution by all parties, and
subject to approval by the Mayor and City 'Commission of the City of Miami Beach,
Florida. However. the term of this Agreement shall commence as of the date of delivery
of the aforesaid police lI1Oton:ycles and thereafter for a period of twenty-four (2~)
months. At the end of the Agreemeor Term, the City shall have the optian of returning
the 1999 models and acquiring 2001 models under the same equipment items and for the
same tenDs and conditiODl as let forth herein. If'Lessee decides not to retain the 199~
model moton::ydea, they must be returned to Harley-Davidson of Miami. L. C..
Motorcycles leased under this Agrocment are to be used for police and related activiti~:~
off-duty dctails: funena1 escorts; and parades only. Any other use shall require the prier
written consent of Lessor.
J. PA YMENT PERIOD
Throughout the term of this Agreement, Lessee .haJI pay twenty-four (24) monthly
payments n the amount of 5350,00 per motorcycle. Payment sball be made as follows:
A. First payment. within 15 days of formal acceptance ofthi. Agreement by
The Lenec's Mayor and City Commisaion, and execution of th,.:
Agreement by an parties.
B. Thereafter. on the lSIh day of eadt month. after actual delivery of each
motorcycle, untiJ twenty-four (24) payments have been made for each
motorcycle deJivered, All payments shaH be made to Lessor at its placl~
Jan-29-99 03~37P Rosen & Switkes
3055385504
P.03
of busiDess at 19400 N.W. 2- AVCIIUC, Miami, Florida 33169. If
paymenIB are mailed, they shall be poRed in sufficient time to arrive by
the 15th day of the month. The payments u set fonb herem. include the
cost of the equipment, payment of intCfost, full maintenance (less rima)
aod administrative costs.
~ INSURANCE
Leuee represents that it js a Florida municipal cOlpOnltion and shall self-insure all
motorcycles which are the subject matter of this Agreemem. Each mororcycle shall 1~)C
self-imured for casualty in the amount of 5100.0001$200,000, with respect to Qj,:h
incident the motorcycle may be involved inlwith and self-insured. for Public Liability and
Property Damage sufficient to procec:t the full value of the equipment and to protect the
Lessor from liability in all events.
5. LIENS
Leuee shall not directly or indirectly create incur, LUume or .uffer to exist allY
mortgage, pledse, lien, charge, encumbrance or claim or with respect to the rcspec::ti, 'e
rights of Lessor herein provided. Lessee shall promptly at its own. expense, remove uy
mortpae. pledge. lien, charge. encumbrance 01' claim DOt expected above if the S&I1'IC
sball arise at any time due to Lessee's action or inaction.
.ti& TAXES AND FEES
Lessee shall pay any ncceIsary taxes or fees. inc:luding but nOllimited to sales and w,e
tax, excise ~ personal property tax, assessments. peaalties, liceDSes. fees. registratic:l n
fees, freight and transportation chw:Bcs, pennits and any limilar charges imposed on tb e
ownership. possession or use of the motorcycles during the term of this Agreement.
1... CARE AND USE OF EOUlPMENT
Lessor lI8JL=I to fully maintain 8ZJd repair each motorcyele (less tires) during the tcnn cf
this Agreement pursuant to the ManuJacturer'. Standard Preventative Maintenance:
Contract 8IIdIor .Recommendations. Fwtber, said motorcycles are c::overed by th:
manufacturer's twelve (12) month standard warranty: Lessee shall allO have any and all
benefits covered by lI8icl warranty. All repairs sbal1 be made at HARLEY-DAVIDSON
OF MIAMI, L.C. 19400 N.W. 2- Avenue, Miami, Florida 33169, at regular intervals set
up by the Le:uor in acc:ordaDce with the Semce Schedule .n~ed hereto as Exhibit C.
If Lessee notifies Lessor at .Ieut 24 hours in advance of scheduled service, Lessor shall
provide a lOI1lDeI' police motorcycle to the poliee officer rider, limited to no more than twu
loucn at Illy given time. In the event of emergency repairs to the motorcycle. a 10000eir
police mot.on:yclc sball abo be provided. Lessor represents that it maintains a special
division within its motorc:ycle repair department to give priority service to the repair of
police mocorc;ycles.
Leuee shall protcc:t the mororc~les fram deterioration, ocher than normal wear and tear ~
shall use the mOlOrcyclca for police related activities only, and aball nOl make:
modification, aJtcnWOIII or additions to the motorcycles (ocher than normal operaJini:
accessories 01' police required KCeSSorics or controls) without the prior written consent of
Lesaor. which shall not be unreasonably withheld.
Jan-Z9-99 03:37P Rosen & Switkes
3055385504
P.04
Lessor sball have the riA during regular business houn, upon prior 24 hour notificati'm
to Lessee or its despted representative, to enter upon the premises where t:1\e
motorcycles are located in order to inspect, observe or OIherwise protect the Lessol "s
interest, and Lessee shall afford Lessor fP.'"I~ble opportunity to do 10.
8. DAMAGE OR DETERIORATION OF MOTORCYCLg
In the event the motorcycles are partially da.maeed while in possession of Lessee. prior to
the eDd of the term of thiJ: Agreement, Lessee will promptly have the mot:orcycl,~s
repaired and restored to their original condition and worlcing order at Lessee'J expense.
Any damage done to Ihc mocorcydes durins Lessee's officer training, as a result ,)f
Lessee', negligence, will be repaired as soon u the trainiDg is completed at Lessee's
cxpeDIe. This iDc:ludes damage done to engine. tI'3n!Imission, clutch, brakes. paiDt alid
body parts. All repairs must be done at Lessor's repair &ci.litics. Should Lessor find tb,11
a certain police rider is abusing or has shown a pattern of aesligence with the handliDg 4n
the DlClIOrcyc:le. Lcssor shall provide in writing a detailed list of the ads of abuse and/ur
pattern of negligence of that rider. If said Kt8 coatUme after notif"JCation, funher lelts
shall COIIItitute a material breach of this Asreement and this Agreement may be partiall Y
tcnniaated u to the specific motorcycle by Lessor upon written notice.
In QIIC of theft or total losl of any of the motorcycles. the parties agree that tII,e
replaccme:nt value of each motorcycle shall be 5J4.5oo.oo. less 2% of that amounr fir
each month the Agreement is in effea and/or less thai salvage value of the motorcycle I,
if applicable.
~ ONE DESIGNATED RIDER
One police rider shall be deairt-l for each motorcycle.
lU& RIDER RJ"-~PONSIBILITY AND PRIVILEGES
Lessee will be responsible for keeping or causing to be kept. the motorcycle clean and
reporting any defocts or abDormalities. The polic:e rider asligned to each. mocon:yd=
shall be allowed to 1lIe that motorcycle to go baclc: and fonb to work, provided that it il
fully insured by the Lessee under its self-insurance prognun, and the distance is no morl:
than forty (40) miles rach way.
11. EVENTS OF DEFAULT AND REMEDIES
Leuec shall be deemed to be in de&ult hereunder upon the happening of any of the
followiDg events of de&ult:
A. Lessee shall fail to make any periodic rental payment,. or to pay any othCI'
payments required to be paid hereunder; or
B. Lessee shall fail to comply with any sudJ other renns, covenants or c:onditiOD!::
contained herein.
Jan-29-99 03:38P Rosen & Switkes
3055385504
P.05
Upon the occurrence of any evCllt of default, as specified above, and if Lessee fails to
remedy such event of defauh within thirty (30) days after wriuen notification to LesSI:e,
sent by certified mail, with copies to the Director of Fleet Management and to the poli cc
representative in charge of Fleet Management of the police motorcycles. Lessor sh,Il1
have the right as its option without further demand or notice to pursue any of tbe
following remedies:
A. Any action at law or in equity 81 may appear nec'.e&saJ}' to collect tbe
payments, or interest, then due and thereafter to become due;
B. To enforce pcrformanc:e and obllClV8IlC::e of any obligation, agreement or
coveoaDt of Lessee under this Agreement; or
C. To terminate this Agreement in part or whole and to retake 1100
motorqrc:le(s) by appropriate order or writ of court.
It MAINTENANCE AND EOUIPMENT
Lcuor shall provide full maintcnaDCc of me motorcycles at no c:ost to the Lessee. Les!l(lr
shall m1 supply Leuee with pIOline, tires or radio. All maintenance shall be done at
HARLEY-DAVIDSON OF MIAMI, L.C., 19400 N.W. 2nd Avenue, Miami, Florida
33169.
n. SUBI.EA..~ ORA~~IGNMENT
This lease may not be Uliped by either the Lessor or Lessee. Ncidler the Lessor nor
Lessee may effect the subleuiq of the motorcycles.
14. LInGA TION JURISDICTIONIVENUE
Thia Agreemen1 sball be eafan:eable in Miami-Dade County. Florida., and if legal action
is necessary by either party with respect to the enfor~ent of any and all of the tern IS
and conditiom exclusive venue for the enforcement of same shall lie in Dade CountV',
Florida.
15. LIMITATION Of LIABILITY
1be City desires to elller into this Agreement only if in so doing the City can place a lim,it
on its liability for any c:ausc of action for money damages due to an alleled breach by the
City of this Ageemcnt, 10 that its liability for any such breach never exceeds Ihe tot,11
unount of rental payments clue under this Agreement. Lessor hereby expreues its
wiUi~lI to catcr this Agreement with Lessor'. n:covcry from the City for any ~i:e
adioa for breach of ""ntrad to be limited to our maximum reDtaI 1mOUDt" less the
amount of all fUnds actually paid by the City to Lessor punuant to the Agreement.
AccordiDa1y, and notwithltaDding any orher term or condition afthis Agreement, LesSClf
hereby asrea the City shall not be liable to Lessor for damages in an amount in ~ccss of
the UJIal rental under the Agreement. whi~h amount shall be reduced by the amount
adUally paid by the City to Leuor pursuant to the Agreement, for any action or claim Hll
breach of CODtnd arising out of the performance or non~ormance of any obligatiOlll1
impaled upon the City by this Agreement. Nothing contained in tbiJ subparagl'Bph c,r
Jan-Z9-99 03:38P Rosen & Switkes
3055385504
P.06
elsewhere in this Agreement is any way intcDded to be a waiver of the limitation p1ac(:d
upon City's liability as set furth in Section 768.28. Florida Statutes.
In witness iY"hereof, lJIe ~/Jiereto have caused this Asreement to be executed as of
this Rt'ti day of IJJ.lllJ:d:t:.. 1999.
ATI'EST:
~Uwj,v-
OTY CLERK
CITY OF MIAMI BEACHlLESSEE
BY tt
MAYOR.
APPROVED AS TO
FORM & LANGUAGE
& FOR EXECUTION
~ ~-J--?1
~ City Attorney Date