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