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Memorandum
TO: Michael Couzzo, Village Manager
FROM: Stephen J. Allison, Chief of Police �j�
Subject: Council Agenda Item — Motorcycle Lease
Date: October 28, 2004
Attached for your approval is an agenda item for a motorcycle lease agreement.
The cost of this one-year lease is $195.00 per month or $2,340.00 for the annual
cost. There is a budget allocation of $5,040.00 in account 001-171 544.301. �
The price quote used in the budget request included leasing the emergency
equipment (lights, siren, etc.) as part of a total package. After further negotiation
with the vendor, we found that it is much more cost effective to purchase the
equipment and lease a stock motorcycle.
The lease agreement was reviewed for tegal form and suffrciency by Scott
Hawkins. The attached agreement includes suggested changes.
Memorandum
TO: Michael Couzzo, Ullage Manager
FROM: Stephen J. Allison, Chief of Police 1�'
Subject: Traffic Motorcycle Program
Date: November 9, 2004
The pofice department had a traffic motorcycle program for four years. The
program was discontinued after the Harley-Davidson dealer we had been using
cancelled their municipal lease program and refused to make changes to their
commercial lease contract requested by the Village attorney.
During the four year period that the traffic motorcycle program was in effect, the
department was able to stop the annual escalation of traffic crashes and even
started showing a decline. We found the motorcycle to be very effective for
traffic control in residential areas due to its high maneuverability.
During the past year we found a Harley-Davidson dealer that works closely with
municipalities in creating a lease document that is agreeable to all parties. The
lease contract going before Council reflects a savings over the amount approved
in the current budget. This was accomplished by purchasing some of the
equipment that does not come standard on the motorcycle rather than including
the items in the lease price.
The motorcycle will be deployed in accordance with the provisions of police
department general order 12.3B 11. We currently have two certified operators and
wilf have another by the end of December. One of these three officers will use
the motorcycle when their assigned shift is at full strength. This highly visible
vehicle will enhance the capabilities of the patrol function when deployed.
The goal of reviving the traffic motorcycle program is not increased revenue.
� This highly visible, highly efFe�tive tool will be used to enhance the safety of
residents using roadways in Tequesta. It is simply another tool to educate the
public to gain voluntary compliance will traffic laws.
VILLAGE OF TEQUESTA
VILLAGE COUNCIL MEETING AGENDA COVER/MEMORANDUM
Date Prepared: 10-28-2004
Meeting Date: 11-18-2004
CLASSIFICATION: Consent agenda
Subject/Agenda Item/Summarv:
The police department is seeking approval for a one year lease of a Harley-Davidson police
motorcycle. The annual cost of the lease is $2,340.00 with funds budgeted in account number 001-
171 544.301.
STAFF RECOMMENDATION TO [] APPROVE [] DENY
,
Reviewed by: Costs: Attachments: Advertised:
(please list)
$2,340.00 Date:
- Lease agreement
- Legal review Paper:
[X ] Not required
Funding Source:
[ X ] Operating
[ ] Other (ezplain) Affected Parties:
[ ] Notified (ezplain)
Budget Acct. # [ ] None
001-171 544301 [ ] Not Required
Submitted by: Originating Village Manager Council Action:
Department: Approval:
[ ] Approved
,� �p�,�,_„ [ ] Approved
Stephen Allison Police w/conditians:
Chief of Police
[ ] Denied
[ ] Tabled to:
RESOLUTION NO. 00 - 2004/2005
A RESOLUTION OF THE VILLAGE COUNCIL OF T8E
VII�I,AGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA,
APPROVING A PROPOSAL FROM FORT LAUDERDALE HARLEY-
DAVIDSON, OF E'ORT LAUDERDALE, FLORIDA, FOR A ONE
YEAR LEASE OF A 2005 HARLEY-DAVIDSON FLHPI POLICE
MOTORCYCLE IN THE AMOUNT OF $2,340.00, HAVING A
FY 2004/2005 GENERAL FUND POLICE DEPARTMENT
BUDGET ALLOCATION OF $5,040.00 IN ACCOUNT #001-
171 544.301 AND AUTHORIZING THE VILLAGE MANAGER
TO EI�CUTE THE APPLICABLE CONTRACT ON BEA�iLF OF
T8E VILLAGE.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF
THE VILLAGE OF TEQUESTA, PALM BEACH COUNTY, FLORIDA, AS
FOLLOWS:
Section 1. The Harley-Davidson police motorcycle lease
agreement from Ft. Lauderdale Harley-Davidson, of Ft.
Lauderdale, Florida, in the amount of $2,340.00, attached
hereto as Exhibit "A" and incorporated by reference as a
part of this resolution, is hereby approved and the
Village Manager is authorized to execute the same on
behalf of the Village of Tequesta.
THE E'OREGOING RESOLUTION WAS OFEERED BY Council member
, who moved its adoption. The
motion was seconded by Council member
, and upon being put to vote,
'the vote was as follows:
FOR ADOPTION AGAINST ADOPTION
10/29/2004 14:57 9547916128 PLANTATION HD PAGE 02
MOTO .R.CXCLE LEA.SE AGREE�,L�.NT
This Mototcycle Lease Agceement (the "Lease") is made this 28th day of 4atobez'
2004, by and between Fort Lauderdale Harley-Davidson �ttc., 443 South SR 7, Fort
I.auderda.le, FL 333 t?("Dealer" o�r "Lessor'') an.d the Tequesta Police Dep�riment, (the
"De�artm,ent" or "Lessee"), whose address is 357 Tequesta Dri.v�, Tequesta; FL 33469
for tb.e lease o�'police motorcycles (hereiqafter ref�rred to as "'the v�eb.ic�es") as desc�t�bed
in Exh�bit "A" attao�d hereto, for u.se by tbe DeparUn�nt's authorized e�mployces in tlae
pe.r�ozmance o� police-relabed or law-e�f.orcement duties. The te�nas and cora,ditions of
the L,ease ate as .fo{lows:
1. Term: �e term of this Lease shall be twelve (�2) inonths commc�cing
on November ], 2004 and ez�ding on October 31, 2005, Lessce s.t�aU. have the ni�ht to
extet�d the term of this Lease, provided that Lessor ag�ees, upon the sarne ternn:s �nd
cotxlitions as provided aitt the Lease. At the end of each year the motorcycle will be
repiaced witb, tb�e ncwest model availab�e. In the event Lessee e�ects to exerci�e its option
to r�new the terms of this Lease, then Lessee shall pravide Lessor wi.th written not�iice o�
its election..
2. Psy�ment: Lessee shall make monthly lease paym�nts to Lessp�r in the
amount of S:19S.00 for tIae vehicle commenci.ng on November 1, 2004. In the ev�ent
Lessee is subject to budgetary constcaints, att altemative payment p�an for the lease (i.e. a
Iumg-sum. payme�t) can be atxanged wa.th Lessar. '�.e details of any such �yment p�an
naust be set forth o� Ex.hibit "A," of thi.s Lease.
3. M�scellaneot�s� Fees: Lessee agrees to pay foX a�l o�cial fees in
connec�ion wi.th the certi.8ca,te of title, r�gistration and license ��s. I..�so� agreES t�
waive al,i charges with respect to freight and dealer �xep of the vebuicles_ Sh.auld the
Lessee decide to ren.ew the (ease for an, addidonal year the rnaly add�tional cost to the
Lessee wouJd be �350.00 to swap the ern,er�ency equipm�nt firom an.e model yea�c to the
�ext. �
4. Maintea�nce, Rep�irs and Operati�ag Expe�tses: Lessee is respatrsible
for az�d a�rees to pay for all mtaintenattce ar� repairs to keep the vehicles in good
wurlriag ardet and co�►dition attd other expens�s associated with operati.ng the vehi.cles.
Lessee agtees to sezvice tb.e vehicles accordiug to the man.u£�cturer's tecomme�dations �
as outli.ned in the owne�r's rna�ual for the vchicles, and as requested by the manufacturer
in atty recall campaign. Lessee's use or re�a��r of th� vehicles �tust not anvalidate aay
watxanty-
10/29/20�4 14:57 9547916128 PLANTATION HD PAGE b3
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5. Use snd Sableasing: Lessee agrees that the vehic�es (a} will be operated
only by attkharized licensed dxivers employed by .Lesse� as law-enfor.ce�ent officers; {b)
u►il.� be kept free o�'all fines, liens and er�cumbiances; (c) wi.l1 �ot be used i.11ega.11y,
impr.operly, for hire, or contrary to the mattufa.cturer's recommerndations; and (d) w�l.a �ot
be altered, m�azked or have equi.pment insta,lled oz�. the�m. without I.esso.r's consent
6. inau�ra�nce: During t}xe term of the Lease Lessee must maintain. public
liability ao�d physical damage insuraace on the ve}aicles that covers both I,essce and
Lessor Lessee atgrees tl�at t�te Department's Qw� lia.bility and perso�a� injury protectiozt
insaz'ance will provide primary insuraz�.ce coveTage up ta its ful.� policy limits. �.essor
must be named as "additional insured" an.d "loss payee" on Dep�rtme�nt's insurance
policy. Lessee will pravide Lessoc will evidcnce o�tbxs instuaaee_ Lessee°s iunsurance
�olicy must p�rovide that Lessor will be notified in writi.ng at least 10 days be£ore the
insucaiaice is cancelied or caverage altered and that I.�ssor, or its representatives, may
have �ull a,ccess to any claim file in the eventt of an insurable l.oss. In the ewent of a total
loss or destruct�ion of vehicl�s, �ssee's maximum exposwre shall be t]ae Dea�er's cost af
the vehicle as shovm on its books/t'ecords. As an al�ernative to the insvraiice requi.red of
Lessee, Lessee may prov�ide proof to I.essor tb�t it is self-insur�d.
Lessor or pealer sh�ll provide the Lessee or Depariyxtent with. evidence o£
insu�ce as foltows: Workers Compensation, General �,xability, Autamobile Liabiiity,
and ��rars and Qm#ssions (Professioz�al) Liability-
Lessors or Aealers insuran..ce shall ap�ly only w�em the vehicles &.re i.tt.
Dealet's care, custfldy or contrQl.
7_ Notice of Accidente and Cooperation: Lessee agrees to cooperate fully
with Lessor aad arry iz�surance comganty in the investigation and defense of any and all
cIaims a�isiu�g from their possessio�t and use of the vet�ic)es. Lessee will m�tice a
complete report to Lessor withi� 48 hours afte�r any accide�t, tb�eft or loss i.�volvin� the
vehicles,
8. bademai�'ication: Lessee agree.s to indemnify and hold Lessor, its
a�"iliates, assigne,es, o.fficers, agents and employees harmless �rom all losses, liability,
damages, it�junies, claims, demands a�d expenses, i�.cluding attoc�►eys fFes, ariszng out of
the u� of the vehic.les white in the eare, custody oc corrt�ol af the Lessee.
Lassor ag�ees to it�demnify and 1�old L�ssee, its affiliates, assi�ees,
offic,�rs, age�ts atad employees harm,less £�om all losses, liability, dama�s, anjuries,
clairns, dema�s and expenses, iIIClud�mg attorneys fees, arising out ofthe use of the
ve.h�cles whiie in the care, custody or cc,ntrol of the Lessor.
Lessee does n.ot waive its ,night to soverei.gn immunity undear 768.28 of ti�e
Florida Sta.tues.
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10/29I2004' 14:57 9547916128 PLANTATION HD PAGE 04
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9. Limitation o# �.iability: Lessor shall �ot be liabie for any indirect or �
consec�aential datnages or inco�nvezuieuce (except for t�.ose relating to persoz�al injury)
which may result to Lessee fmm any damages ta, or defect it�, taae veb�icles for the ti.me
nee:ded to x'epair or s�rvice the vehicles. Motrthty lease payments s�aall continue and not
be xeduced or delayed during this time. 1�ssor malces no expcess warranties cove�ning tt�e
vehxc�es. In particular, Lessor mak�s no exptess warranties o£ velticle condi�ion,
merchantab��ity, durability o.r fitness for a patticula�r purpase of use covering the vehicle,
and I.essoc expressIy disclaims any such express wanrar�ties.
1.fl. �.tetarx o� t�ie Vebicl�: At t�,e emd of the Lease, the Uepartment mnst
return the vehicles ta Lesso� a�. good conditio�n, without damage, excessive weaz or nse
and w�ith all the orig�al equipment i.t�stalled by the manuefact�uer.
FT LAW. �.A,RLEY-DAV.IASON INC. 'T�QUESTA PQLrC'� �EPARTMEN�'
�Y� '�� �y:
Barry I�uhN.y, Manager Sigr►ature
Po�icelFleet Sales & Leasing
Title:
Print Name
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1@/29/2004 14:57 9547916128 PLANTATI�N ND PAGE @5
EXHIBIT "A"
October 7, 2004
Less�e's Name: Tequesta P�lice Taepaxtment
lV�odel Year 2005
Model Ue9cription: FL.HPi, sol�.d blue in color
Number of Units: �
Ve.hi.cle Identifi.cation Numbets:
L
�.,essec shall make orne payment of $2340.0� for tb.c entire lease.
4
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F�S�R t�ia=le�CenterTov'er,St�?te i10� iVlcrrls=zgAcldre�.s.s
J OHNSTON �OS 5outh Flagte� Dri��e Nc>5t t�liice Bo;c 3�7�
& STtJBBS P.A �'��st FaIi�� �each, �k�rida i3�t1I `Nest F•aEn� Seaci�, �!c>�icia z340?-3�l5
/ �'etephone (S�i 17 hJ9-� f)Q:;
Attorneys and Counselors
Scott G. Hawkins, Esquire
Direct Dial: 561-650-0460
Direct Fax: 561-650-0436
E-Mail: shawkins@jones-foster.com
October 19, 2004
Police Chief Stephen J. Allison
vilfage of i equesta �'olice Depariment
P.O. Box 3273
Tequesta, FL 33469
Re: Lease befinreen the Village of Tequesta Police Department and Ft. Lauderdale
Harley-Davidson, Inc.
Dear Chief Allison:
Pursuant to your recent letter which I received on Thursday, October 13, 2004, I have
reviewed the subject Lease.
The Lease appears relatively clear except I recommend that the Lease be clarified in
the following respects:
a. Paragraph 1 suggests that Lessee (Tequesta Police Department) has an
option to renew the terms of the Lease. However, as I read the draft, the renewal terms
are not otherwise specified and I recommend that this be done.
b. Paragraph 2 indica±es that Lessee shall be obligated to make monthly
lease payments to Lessor in the amount of $195.00 "for each vehicle." Jt appears that
the Lease is being designed to accommodate the potential of multiple vehicles. I
suggest that perhaps we attach an Exhibit B referring to the particular vehicle in
question and that this Exhibit be modified if additional vehicles are added #o the Lease.
In making this point, I nofe that the original obligation contemplated pertains to only one
vehicle. Is this not the case?
c. I also recommend the "Lessee's obligations be subject to budgeting
constraints and appropriations."
Apart from these three items, the Lease is approved as to legal form and sufficiency.
wwv�_ iones-fnster.cnm
Police Chief Stephen J. Allison
October 19, 2004
Page 2
Please let me know if you have any questions in this regard and how you intend to
proceed with the Lessor.
Sincerely,
JONES, FOSTER, JOHNSTON & STUBBS, P.A.
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gy Ec� ,
Sco t G. Hawkins
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