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HomeMy WebLinkAboutCity of Tamarac Resolution R-88-1131 2 3 4 5 � I 8 .9 10 11 12 13 14 15 if 17 20 21 22 23 24 25 25 27 28 29 30 2 33 34 35 Temp. Reso. #5015 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-88- _/ram A RESOLUTION AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO EXECUTE A LEASE AGREEMENT WITH HARLEY--DAVIDSON LEASING, INC. TO LEASE THREE (3) HARLEY--DAVIDSON POLICE MOTORCYCLES; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the appropriate City officials are HEREBY AUTHORIZED to execute a lease agreement with Harley --Davidson Leasing, Inc. pertaining to the lease of three (3) Harley-Davidson police motorcycles, for a period of 24 months at a cost of $300.00 per month, per motorcycle, a copy of said agreement being attached hereto as "Exhibit 1". SECTION 2: That the appropriate City officials are hereby authorized to execute said agreement on behalf of the City. SECTION 3: This Resolution shall become effective immediately upon adoption. vt PASSED, ADOPTED AND APPROVED this day of , 1988. ATTEST: CAROL E. BARBUTO CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to orm. RICHARD DOODY CITY ATTORNEY RECORD OF COUNCIL VOTE MAYOR ABRAMOWITZ DISTRICT 1: C/M ROHR DISTRICT 2: V/M STELZER DISTRICT 3: C/M HOFFMAN DISTRICT 4: C/M BENDER LEASE AGREEMENT BETWEEN THE CITY OF TAMARAC AND HARLEY-DAVIDSON LEASING, INC. This is a Lease Agreement (the "Agreement") between Harley-Davidson Leasing, Inc. (the "Lessor"), and City of Tamarac, a Florida municipal corporation (the "Lessee"), dated this ,27 day of / 8 under which the Lessor shall lease three (3) Harley-Davidson police motorcycles to the Lessee under the following terms and conditions: 1. EgLai ment The three (3) motorcycles leased by Lessor to Lessee shall be 1988 Harley-Davidson FXRP police solo motorcycles as described on the specification sheet attached hereto as Exhibit l (the "Motorcycles"). 2. Terms of Agreement This Agreement shall be effective as of the date of execution for a period of twenty four (24) months. Lessee warrants that it has funds available to pay lease payments • until the end of its current appropriation period and warrants that it will request funds to make payments in each appro- priation period from now until the end of the lease term. If Lessee periodically requests from its legislative body or funding authority funds to be paid to Lessor under this lease and, notwithstanding the making in good faith of such request in accordance with appropriate procedures and with the exercise of reasonable care and diligence, such legislative body or funding authority does not appropriate funds to be paid to Lessor for the Equipment described in this lease. Lessee may, upon prior written notice to Lessor effective thirty (30) days after the giving of such notice or upon the exhaustion of the funding authorized for the then current appropriation period, whichever is later, return the leased Equipment to Lessor, at Lessee's expense, and thereupon, be released of its obligation to make all lease payments to Lessor due thereafter. OC /�'- ee - // '3 , , '' - 3. Lease Payments The Lessee shall pay to the Lessor Three Hundred Dollars ($300.00) per month per motorcycle. 4. Insurance a. Vehicle Liability Insurance. The City of Tamarac shall be liable to pay for all sums to which the City and the Lessor shall become legally obligated to pay as damages because of bodily injury or property damage caused by an occurrence arising out of the use of any leased cycle while under the care of the City of Tamarac (see Section 5). The City will NOT be responsible for any damages while a leased cycle is under the care, custody, or control of the Lessor. b. p y of Lessor. InsuranceRes Responsibility . The Lessor r shall carry Comprehensive General Liability insurance including Products Liability exposure coverage with limits of $100,000/$200,000. A Certificate of insurance evidencing said coverage and listing the City of Tamarac as an additional named insured shall be issued to the City and shall also evidence . that Contractual Liability is covered. 5. Hold Harmless Indemnification Between Parties The City of Tamarac agrees to protect, defend, indemnify and hold harmless the Lessor up to the limits of Municipal immunity as provided by State Statute from and against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of cycles as described in this document; except that the City of Tamarac shall NOT be liable for the negligence of the Lessor that might arise out of maintenance of the described cycles, or such loses that may arise while the cycles are under the care, custody, or control of the Lessor. -2- (7- jg- // 3 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 Motorcycles, except with respect to the respective rights of the Lessor as herein provided. Lessee shall promptly, at its own expense, take such actions as may be necessary to duly discharge any such mortgage, pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. 7. Terms and Fees The Lessee shall pay all appropriate taxes or fees, or similar charges imposed by virtue of the Lessee's ownership, possession or use of the Motorcycles during the term of this Agreement. This section shall not require Lessee to pay taxes, fees or charges from which Lessee is exempt pursuant to its status as a municipal corporation. • 8. Care and Use of Equipment The Lessor agrees to maintain the Motorcycles pursuant to the Manufacturer's Standard Preventative Maintenance Contract and/or Recommendations. All repairs shall be made at Harley- Davidson of Miami, Inc., 7701 N.W. 7 Avenue, Miami, Florida 33150. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycles to Harley-Davidson of Miami, inc., 7701 N.W. 7 Avenue, Miami, Florida 33150, at regular mainten- ance intervals set up by the Lessor in accordance with the service schedule attached hereto as Exhibit 2. The Lessee shall protect the Motorcycles from deterior- ation other than normal wear and tear, shall use the Motor- cycles for police related activities only, without abuse, and shall not make modifications, alterations or additions to the Motorcycles (other than normal operating accessories or con- trols) without the written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall have the right, after first notifying Lessee and during regular business hours, to enter upon the -3- F- Y'r-11.3 , , - premises where the Motorcycles are located in order to inspect, observe or otherwise protect the Lessor's interest, and the Lessee shall afford them the reasonable opportunity to do so. 9. Damage or Deterioration of Motorcycles In the event the Motorcycles are partially damaged or destroyed due to the negligent action of the Lessee or its employees prior to the end of the term of this Agreement, the Lessee will promptly have the Motorcycles repaired and restored to their original condition and working order. In case of theft or total loss of any of the Motorcycles, the replacement value of each Motorcycle shall be Six Thousand Eight Hundred Dollars ($6,800.00) minus two (2%) percent for each month the Agreement was in effect. 10. Rider Res onsibilit and Privileges Each rider shall be responsible for keeping his Motorcycle clean and for reporting any repairs needed to the Lessor. The Lessee may allow riders to use the Motorcycles to travel to and from work provided that the Motorcycles are fully insured by the Lessee and that the distance to and from work is no more • than twenty (20) miles each way. 11. Events of Default and Remedies Lessee shall be deemed to be in default under this Agree- ment upon the happening of any of the following events of default: (A) Lessee fails to make any periodic payment or fails to make any other payments required hereunder (except as provided in section 2, above), or (B) Lessee fails to comply with any other term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should Lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, Lessor shall have the right, after written notice to the Lessee, to pursue any of the following remedies; (1) Repossession of the Motorcycles, including the right to sell or lease the Motorcycles for the account of the Lessee, -4- and hold Lessee liable for all payments up to the effective date of such sale or lease. Lessor may hold Lessee responsible for the difference between payments which would be due under this Agreement and the amount received by Lessor for sale or lease of the Motorcycles upon default. (2) Any action at law or in equity as may appear neces- sary to collect the payments then due thereafter to become due, or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement. Lessor shall be deemed to be in default under this Agree- ment upon failure to comply with any material term, covenant or condition contained herein. 12. Termination This Agreement may be terminated by either party for cause upon thirty (30) days written notice by the -terminating party to the other party of such termination. Lessor shall be entitled to Lease payments due or incurred to the such date of termination. 13. Maintenance and_ Equipment Lessor shall provide full maintenance of the Motorcycles at no cost to Lessee. Lessor shall not supply Lessee with gasoline or tires. All maintenance shall be done at Harley- Davidson of Miami, Inc., 7701 N.W. 7 Avenue, Miami, Florida 33150. The Motorcycles shall be new 1988 Harley-Davidson model FXRP, equipped with, inter alia, Whelen strobe lights and a Federal siren and loud -speaker. Lessee shall furnish radios and all equipment necessary to operate said radios. Mainten- ance of the radios shall be the sole responsibility of the Lessee. 14. Sublease or Assignment This Agreement may not be assigned by either the Lessor or the Lessee. Neither Lessor nor Lessee may affect the sub- leasing of the Motorcycles. �72 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of this aZ7 day of /fsg- CITY OF TAMARAC APPROVED AT MEETING OF ATTEST: CITY CLERK CAROL E, 0AR6V7i9 APP�ROOV�ED� TO FORM: CR i!✓ CITY ATTORNE jgjC14#0AD -Poorly Signed, sealed and delivered in the /16 51 LEASE.AGREEMENT 2130010788/t CITY OF TAMAR.AC By: nnt66.= 6 MAYOR NaRM.4N ABRAM4- HARLEY-DAVIDSON LEASING, INC. OR 11, LzFj&'1 0 0 ??, yg/- / 13 E r* Harley-Davidson Leasing, Inc. LEASE MOTORCYCLES NEW 1988 MODEL FXRP COLOR: WHITE POLICE MOTORCYCLES WITH THE FOLLOWING EQUIPMENT: 1) 1340 cc. Evolution Engine, isolated 2) Five Speed transmission 3) Heel/Toe Shift lever 4) 7' Quartz Halogen headlight 5) Belt, instead of chain, drive 6) De Luxe Solo black saddle/air suspension 7) 4.2 Gallon gas tank 8) Fuel Gauge 9) Police Black Saddlebags, hinged 10) Foot boards / Chrome / Adjustable 11) Balanced cast wheels with tubeless tires 12) Police Speedometer 13) Tachometer 14) Crossover Dual Exhaust 15) Windshield only 16) Electronic siren with microphone 17) Strobe Lights, front and rear 18) Disc brakes / Dual front - Single rear 19) Two mirrors, left and right 20) Adjustable rear shocks / Air adjustable 21) Hazard warning flashers 22) Electronic ignition (solid state) 23) 33 amp Alternator / 462 Watts 24) Non -Adjustable Fork front suspension EXHIBIT 1 -7- SERVICE ' REGULAR (MAINTENANCE ' . INTERVALS �� • TM wow sl 'WA Is N&W Wft Marlay.DatllrgM powr` aa The following malntananpoints haul pnm*ftnt Over any ewresPoWing � q�tlls 100NrMeeil PW of be" t#le IM �'M WW swvka points on Maintenance Intervals CNA In the FLTJFXA Swvka Manual. the A@gW&r Mtadais we MN OL 6 e sl! FaMwe M IIM tits a IM rAsi sM rIM rMrW! MnIlt111, rr�alt•111 tMgms ewe a1M Oft* deeps. 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Choke control Cable, Ck#IG" Control Capps and nanalevar L L L L L L L L L ♦ti tieiaiirrlT T T T r T T r $461 lift inik4l T T T T Tire pn� afuro slid ins >♦Ct tire Ipr A A weorldamage 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 t 1 1 t Engine lair and last idle speed adjustment 1 1 1 1 t I 1 1 1 1 1 Opa►etino Pit Ihrettle and Choke c►iiarols Owelion of all electrical eoulprnehl and switches 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 igegion timing and vacuum aporatad electric swilen W.O E.S.1 1 1 1 1 1 1 1 1 1 1 1 $park plugs A A A A A A A A A A Transmission oil A 1 1 t A 1 1 I A 1 ', 1' 1 A 1 1 1 A 1 1 1 A Ace► font pivot AMC sad ongine mounts 1 1 1 1 1 1 1 1 1 1 1 grog" rark oe"all adjustment 1 1 K 1 IL 1 IL 1 IL 1 IL :ondilwn of roar shock absorber ►nd rumor oushings 1 1 1 1 A 1 1 1 a t i 'h►otlle contra grip (.leave. ipotdanstsr Cable L L L L L L L L L L tear broke linkage press* litlinol 121 L L L L L L L L L L ;onditlon of roar braCapper ke 1-,L +ountina pins and booto K IL IL IL Il IL K K K yhW hearings L A L A L �roM fork oil A N A A A A peal pin J L L txt L L L to" tell X X X X X K X X X X X X X K K K X CN A Covet InepecL old It necessary calreft clash or reptom ► ++ Arivat. 1 ••• Roptow a char4L T — L — X •• Tighten to Veep M wow, Lubnoato wMd kWw.2m sMdtW IA OwW$ ManuaL Pogh"111. T•t Exhibit 2 W-M 0 E 11