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