2014-48 Motorcycle Lease AgreementRESOLUTION 2014 -48
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF
NORTH PALM BEACH, FLORIDA APPROVING A LEASE AGREEMENT
WITH ROSSMEYER DAYTONA MOTORCYCLES, INC. FOR TWO 2015
ROAD KING POLICE MOTORCYCLES AND AUTHORIZING THE MAYOR
AND VILLAGE CLERK TO EXECUTE THE LEASE AGREEMENT ON
BEHALF OF THE VILLAGE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Police Department is requesting approval of a lease agreement with Rossmeyer
Daytona Motorcycles, Inc. (d /b /a Bruce Rossmeyer's Daytona Harley- Davidson) for the lease of
two (2) 2015 Road King police motorcycles; and
WHEREAS, the lease agreement is for a term of two years commencing October 1, 2014 at a
cost of $375.00 per motorcycle per month for a total cost of $9,000 per year; and
WHEREAS, the Village Council determines that the adoption of this Resolution is in the best
interests of the Village and its residents and waives any conflicting purchasing rules and regulations.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE
OF NORTH PALM BEACH, FLORIDA as follows:
Section 1. The foregoing recitals are ratified as true and incorporated herein.
Section 2. The Village Council hereby approves the two -year lease agreement with Bruce
Rossmeyer Daytona Motorcycles, Inc. for two (2) 2015 Road King police motorcycles at a total
cost of $9,000 per year commencing on October 1, 2014 and authorizes the Mayor and Village
Clerk to execute the lease agreement on behalf of the Village. The funds are budgeted and shall
be expended from Account No. A5711 -34420 (Rental Equipment).
Section 3. This Resolution shall take effect immediately upon its adoption.
PASSED AND ADOPTED THIS 28TH DAY OF AUGUST, 2014.
(Village Seal)
ATTEST:
VILLAGE CLERK
�1' 0 W'!"
MAYOR
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease ") is made this 29th day of July
2014, by and between Rossmeyer Daytona Motorcycles Inc., 1637 North US Highway 1,
Ormond Beach, FL 32174 ( "Dealer" or "Lessor ") and the Village of North Palm Beach,
(the "Village" or "Lessee "), whose address is 501 US Highway 1, North Palm Beach, FL
33408 for the lease of police motorcycles (hereinafter referred to as "the vehicles ") as
described in Exhibit "A" attached hereto, for use by the Village's authorized employees
in the performance of police- related or law - enforcement duties. The terms and
conditions of the Lease are as follows:
1. Term: The term of this Lease shall be twenty -four (24) months
commencing on October 1, 2014 and ending on September 30, 2016. Lessee shall have
the right to extend the term of this Lease, provided that Lessor agrees, upon the same
terns and conditions as provided in the Lease. In the event Lessee elects to exercise its
option to renew the terms of this Lease, then Lessee shall provide Lessor with written
notice of its election.
2. Payment: Lessee shall make monthly lease payments to Lessor in the
amount of $375.00 for each vehicle commencing October 1, 2014. In the event Lessee is
subject to budgetary constraints, an alternative payment plan for the lease (i.e. a lump -
sum payment) can be arranged with Lessor. The details of any such payment plan must
be set forth on Exhibit "A" of this Lease.
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 is responsible
for and agrees to pay for all maintenance and repairs to keep the vehicles in good
working order and condition and other expenses associated with operating the vehicles.
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.
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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 vehicles. Lessee agrees that the Village's
own liability and personal injury protection insurance will provide primary coverage up
to its full policy limits. Lessee shall provide Lessor with a Certificate of Insurance
demonstrating that such coverage exists. 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 Village with evidence of
insurance as follows: Workers Compensation, General Liability, Automobile Liability,
and Errors and Omissions (Professional) Liability.
Lessor's or Dealer's insurance shall apply only when the vehicles are 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.
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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 Vehicles: At the end of the Lease, the Village 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.
• Lessor will not be responsible for accident or training damage
• Tank, fenders, and saddlebags will be free of dents
• Tires shall have minimum of 4/32 tread depth
• Chrome edges of floor boards shall not be completely worn down
• Clutch and brake levers shall not be bent
• Windshields shall be free of scratches and distortion
• Service must be up to date as per factory recommendations
11. Manufacturer's Warranty: The vehicles shall be covered by the 2015
Harley- Davidson Motor Company's two year unlimited mileage warranty and any
Factory Authorized Harley- Davidson dealership shall make all such repairs or
replacement of parts in accordance with the terms and conditions of such warranty.
ROSSMEYER DAYTONA VILLAGE OF N. PALM BEACH
MOTORCYCLES INC.
By By:
Bafry Kuhnly, Manager
Police /Fleet Sales & Leasing
Title:
Attest:
Signature
Mayor qeLllm
Darryl Q. AubreyK
Print
Name
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Village Clerk
EXHIBIT "A
July 29, 2014
Lessee's Name: Village of North Palm Beach
Model Year: 2015
Model Description: FLHP Solid black with anti -lock brakes
Number of Units: 2
Vehicle Identification Numbers:
1. 1HDIFHM15FB608855
2. 1 HD 1 FHM l OFB605667
in