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HomeMy WebLinkAboutReso 2008-1321 RESOLUTION NO. 2008- I ~2 ,_ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, RATIFYING THE APPROVAL OF A MOTORCYCLE LEASE AGREEMENT WITH BRUCE ROSSMEYER'S FORT LAUDERDALE HARLEY-DAVIDSON, FOR LEASE OF FOUR (4) MOTORCYCLES, IN AN AMOUNT OF ONE THOUSAND SIX HUNDRED DOLLARS ($1,600.00) PER MONTH, FOR A TWENTY-FOUR (24) MONTH PERIOD WITH AN OPTION TO EXTEND THE TERM, ATTACHED HERETO AS EXHIBIT "A"; AUTHORIZING THE CITY MANAGER TO DO ALL THINGS NECESSARY TO EFFECTUATE THIS RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Sunny Isles Beach desires to enter into an agreement with Bruce Rossmeyer's Fort Lauderdale Harley-Davidson, to meet the motorcycle needs of the Police Department in the performance of police-related or law enforcement duties; and WHEREAS, Bruce Rossmeyer's Fort Lauderdale Harley-Davidson currently provides lease services to several Police agencies throughout Miami-Dade County and Broward County including Sunny Isles Beach; and WHEREAS, Bruce Rossmeyer's Fort Lauderdale Harley-Davidson IS one of two providers in South Florida, and was the lowest responsible bidder; and WHEREAS, Bruce Rossmeyer's Fort Lauderdale Harley-Davidson has provided a plan most advantageous to the City of Sunny Isles Beach, for lease of four (4) motorcycles in an amount of Four Hundred Dollars ($400) for each, for a total of One Thousand Six Hundred Dollars ($1,600.00) per month, attached hereto as Exhibit "A", for a period of twenty-four (24) months with an option to extend the term. NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section 1. Ratifv Approval of Agreement. The City Commission hereby ratifies the approval of the Motorcycle Lease Agreement with Bruce Rossmeyer's Fort Lauderdale Harley-Davison, in an amount of One Thousand Six Hundred Dollars ($1,600.00) per month for a 24-month period with option to extend the term, attached hereto as Exhibit "A", for a period of twenty-four (24) months with an option to extend the term. Section 2. Authorization of City Manager. The City Manager is hereby authorized to do all things necessary to effectuate this Resolution. Section 3. Effective Date. This Resolution shall become effective upon adoption. R200S- Ratify Approval of Lease Agreement Harley-Davidson Page 1 of 2 ATTEST: ~~ Jane A. Hines, CMC, City Clerk AS TO FORM SUFFICIENCY: Moved by: ~~ <::DcbDm(tI4J Seconded by: v.. CI ((\~V' ll:iALLR.. Vote: 5-0 Mayor Edelcup Vice Mayor Thaler Commissioner Brezin Commissioner Goodman Commissioner Scholl -LL(Yes) -'L.(Yes) V(Yes) ~XY es) _(Yes) _(No) _(No) _(No) _(No) _(No) R2008- Ratify Approval of Lease Agreement Harley-Davidson Page 2 of 2 MOTORCYCLE LEASE AGREEMENT This Motorcycle Lease Agreement (the "Lease") is made this 26th day of June 2008, by and between Bruce Rossmeyer's Fort Lauderdale Harley-Davidson, 2871 North Federal Highway, Ft. Lauderdale, FL 33306 ("Dealer" or "Lessor") and the City of Sunny Isles Beach, (the "Department" or "Lessee"), whose address is 17070 Collins Avenue, Sunny Isles Beach, FL 33160 for the lease of police motorcycles (hereinafter referred to as "the vehicles") as described in Exhibit "A" attached hereto, for use by the Department's authorized employees in the performance of police-related or law- enforcement duties. The terms and conditions of the Lease are as follows: I. Term: The term of this Lease shall be twenty-four (24) months commencing on July 1, 2008 and ending on June 30, 20 I O. Upon mutual consent, Lessee shall have the right to extend the term of this Lease. 2. Payment: Lessee shall make monthly lease payments to Lessor in the amount of $400.00 for each vehicle, which includes customary maintenance as per manufacturer's recommendation. Maintenance will include all service, tires, brakes and cost of labor except damage due to misuse, neglect, accidents or training damage. The City's performance and obligation to pay under this Agreement is contingent upon an annual appropriation for its purpose by the City Commission. 3. Miscellaneous Fees: Lessee agrees to pay for all official fees in connection with the certificate of title, registration and license fees and any applicable taxes for each of the lease vehicles. Lessor agrees to waive all charges with respect to freight and dealer prep of the vehicles. 4. Maintenance, Repairs and Operating Expenses: Lessee agrees to service the vehicles according to the manufacturer's recommendations as outlined in the owner's manual for the vehicles and as requested by the manufacturer in any recall campaign. Lessee's use or repair of the vehicles must not invalidate any warranty. The Lessee has elected to participate in a Lease that includes maintenance by Lessor of the vehicles. The cost of such maintenance is included in the monthly lease payment. The maintenance plan covers parts and labor for all service and maintenance recommendations as set forth in the Harley Davidson Owner's Manual as well as tire replacement and brake repair, not necessitated by misuse, neglect, damage from accidents, or training damage. There are no mileage restrictions placed on the leased vehicles. ~ Exhibit "A" 2 5. Use and Subleasing: Lessee agrees that the vehicles (a) will be operated only by authorized licensed drivers employed by Lessee as law-enforcement officers; (b) will be kept free of all fines, liens and encumbrances; (c) will not be used illegally, improperly, for hire, or contrary to the manufacturer's recommendations; and (d) will not be altered, marked or have equipment installed on them without Lessor's consent. 6. Insurance: During the term of the Lease, Lessee must maintain public liability and physical damage insurance on the vehicle. Lessee agrees that the Department's own liability and personal injury protection insurance will provide primary insurance coverage up to its full policy limits. The Lessor or Dealer will accept written certification that the Lessee is self-insured for general liability and auto liability under Section 768.28 of the Florida Statues. Lessee will provide Lessor with evidence of this insurance. Lessee must notify in writing at least 10 days before the insurance is cancelled or coverage altered and that Lessor, or its representatives, may have full access to any claim file in the event of an insurable loss. In the event of a total loss or destruction of vehicles, Lessee's maximum exposure shall be the Dealer's cost of the vehicle as shown on its books/records. Lessor or Dealer shall provide the Lessee or Department with evidence of insurance as follows: Workers Compensation, General Liability, Automobile Liability, and Errors and Omissions (Professional) Liability. Lessors or Dealers insurance shall apply only when the vehicle is in Dealer's care, custody or control. 7. Notice of Accidents and Cooperation: Lessee agrees to cooperate fully with Lessor and any insurance company in the investigation and defense of any and all claims arising from their possession and use of the vehicles. Lessee will make a complete report to Lessor within 48 hours after any accident, theft or loss involving the vehicles. 8. Indemnification: Lessee agrees to indemnify and hold Lessor, its affiliates, assignees, officers, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in the care, custody or control of the Lessee. Lessor agrees to indemnify and hold Lessee, its affiliates, assignees, officers, agents and employees harmless from all losses, liability, damages, injuries, claims, demands and expenses, including attorneys fees, arising out of the use of the vehicles while in the care, custody or control of the Lessor. Lessee does not waive its right to sovereign immunity under 768.28 of the Florida Statues. 2 3 9. Limitation of Liability: Lessor shall not be liable for any indirect or consequential damages or inconvenience (except for those relating to personal injury) which may result to Lessee from any damages to, or defect in, the vehicles for the time needed to repair or service the vehicles. Monthly lease payments shall continue and not be reduced or delayed during this time. Lessor makes no express warranties covering the vehicles. In particular, Lessor makes no express warranties of vehicle condition, merchantability, durability or fitness for a particular purpose of use covering the vehicle, and Lessor expressly disclaims any such express warranties. 10. Return of the VehicJes: At the end of the Lease, the Department must return the vehicles to Lessor in good condition, without damage, excessive wear or use and with all the original equipment installed by the manufacturer. FT LAUD. HARLEY-DAVIDSON CITY OF SUNNY ISLES BEACH By: ~ Barry uhnly, Manager Police/Fleet Sales & Leasing BY:~C~-- Signature- - Title: cL.j vJ Po (,. ~ (j By: T.IA~. !0 AA--.s QJJJA ~ A.I John s7elY~ Cj- ty Managev APPROVED AS TO FORM AND LEGAL SUFFICIENCY ~'A '^~ ~A - S-OTTINOT, CITY ORNEY '" 3 ... EXHIBIT "A" June 26,2008 Lessee's Name: City of Sunny Isles Beach Model Year: 2008 Model Description: FLHPI Road King, two tone blue and white, with anti-lock brakes Number of Units: 4 Vehicle Identification Numbers: 1. I HD I FHM I78Y705958 2. IHDIFHMI68Y7039I2 3. I HDl FHM I48Y7033I2 4. IHDIFHMI88Y70268I 4 City Commission Norman S. Edelcup Mayor Lewis J. Thaler Vice Mayor Roslyn Brezin Cammissioner Gerry Goodman Commissioner George "Bud" Scholl Commissioner A. John Szerlag City Manager Hans Ottinot City Attorney Jane A. Hines City Clerk September 26, 2008 Barry Kuhnly Manager, Police and Fleet Sales Ft. Lauderdale/Daytona Harley-Davidson 2871 North Federal Highway Ft. Lauderdale, FL 33306 Re: Harley Davidson Motorcycle Lease Agreement Dear Mr. Kuhnly: At its regular meeting of September 18, 2008, the City Commission adopted Resolution No. 2008-1321, which approved the above-referenced agreement. Enclosed are a copy of the approving legislation and a fully-executed original agreement for your files. Thank you. Very truly yours, ~JX2~_ W~ Priscilla Walker, CMC Deputy City Clerk/Office Manager Enclosures cc: Fred Maas, Chief of Police Harley Davidson Motorcycle Lease Agnnt Trans Ltr City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, Florida 33 160 City Commission Norman S. Edelcup, Mayor Lewis J. Thaler, Vice Mayor Roslyn Brezin, Commissioner Gerry Goodman, Commissioner George "Bud" Scholl, Commissioner OF sut-l (305) 947-0606 City Hall (305) 949-3 113 Fax (305) 947-2150 Building Department (305) 947-5 107 Fax A. John Szerlag, City Manager Hans Ottinot, City Attorney Jane A. Hines, CMC City Clerk MEMORANDUM TO: The Honorable Mayor and City Commission Via: John Szerlag, City Manager From: Fred A. Maas, Chief of Police Michael A. Grandinetti, Police Captain Date: September 18, 2008 Subject: Request to ratify the agreement entered into with Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson for the lease of four (4) police motorcycles, in the amount of $1,600.00 per month for twenty-four (24) months. RECOMMENDATION It is recommended that the City Commission adopt the attached resolution ratifying the agreement entered into with Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson to provide lease services to the City of Sunny Isles Beach Police Department for Police Motorcycles. REASONS The Sunny Isles Beach Police Department has utilized the lease services of Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson for the past several years and has found them to provide a plan most advantageous to the City of Sunny Isles Beach. Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson has been awarded the motorcycle contract on the Florida Sheriff s Association under contract# 07-15-0827 and also provides services to over fifty (50) police departments including Bal Harbour, City of Miami, Medley, Broward Sheriffs Office and the Sunrise Police Department. The current agreement between the City of Sunny Isles Beach and Bruce Rossmeyer's Ft. Lauderdale Harley-Davidson is valid until June 30, 2010 with the option to extend this agreement upon mutual consent. To be com leted bv City Clerk's Omce \0.0 q -l~ -O~ Funding available: Approval: l\genda Item No.: Finance Department Commission Meeting Date: ADDITIONAL INFORMATION Police Motorcycles are a much needed vehicle used in our traffic unit and provide more maneuverability for traffic enforcement and within congested or backed up traffic during critical incidents and traffic crashes. Funds are currently budgeted and available in account# 10.521-5441 F AM/mg From: Barry Kuhnly [mailto:bkuhnly@brucerossmeyer.com) Sent: Wednesday, August 13, 2008 1 :04 PM To: Fernando Amuchastegui Subject: RE: Lease agreement Any update on the lease agreement? Barry Kuhnly Manager, Police and Fleet Sales Ft. Lauderdale/Daytona Harley-Davidson 2871 North Federal Highway Ft. Lauderdale, FL 33306 bkuhn Iy@brucerossmeyer.com direct 954-491-0814 fax 954-491-4607 cell 954-257-2073 From: Fernando Amuchastegui [mailto:fernando@sibfl.net) Sent: Friday, August 01, 2008 3:54 PM To: Barry Kuhnly Subject: RE: Lease agreement I will check on this and get back to on Monday. From: Barry Kuhnly [mailto:bkuhnly@brucerossmeyer.com) Sent: Thursday, July 31, 2008 1:57 PM To: Fernando Amuchastegui Subject: Lease agreement What is the status on a signed lease agreement? Barry Kuhnly Manager, Police and Fleet Sales Ft. Lauderdale/Daytona Harley-Davidson 2871 North Federal Highway Ft. Lauderdale, FL 33306 bkuhn Iy@brucerossmeyer.com direct 954-491-0814 fax 954-491-4607 cell 954-257-2073 PLEASE NOTE: FLORIDA HAS A VERY BROAD PUBLIC RECORDS LAW. MOST WRITTEN COMMUNICATIONS TO OR FROM CITY OFFICIALS REGARDING CITY BUSINESS ARE PUBLIC RECORDS AVAILABLE TO THE PUBLIC AND MEDIA UPON REQUEST. YOUR E-MAIL COMMUNICATIONS MAY THEREFORE BE SUBJECT TO PUBLIC DISCLOSURE. 10/1 /2008 Page 1 of 1 Priscilla Walker From: Mauricio Betancur Sent: Thursday, August 14, 20084:04 PM To: 'bkuhnly@brucerossmeyer.com' Cc: Fernando Amuchastegui; Jasmine Barnes; Priscilla Walker Subject: Motorcycle Lease Agreement Attachments: Motorcycle Agmt.PDF Good Afternoon Mr. Kuhnly, Attached is a signed copy of the lease agreement for motorcycles. The agreement will be ratified by the City Commission at the September Commission Meeting. Should you have any further questions, you may contact us at (305) 792-1703. Thank you. Mauricio Betancur Administrative Coordinator Office of the City Clerk City of Sunny Isles Beach 18070 Collins Avenue Sunny Isles Beach, FL 33160 Phone: (305) 792-1703 Fax: (305) 949-3113 Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in writing. 8/14/2008