1948 PBA 17/18-52 Rossmeyer Daytona Motorcycles Piggyback Contract (copy)Rossmeyer Daytona Motorcycles, Inc. Piaayback Contract (PBA 17/18-62)
The City of Sanford ("City") enters this "Piggyback" Contract with Rossmeyer
Daytona Motorcycles, Inc., a Florida corporation (hereinafter referred to as the "Vendor"),
whose mailing address is 1637 North United States Highway 1, Ormond Beach, Florida
32174, under the terms and conditions hereinafter provided. The City and the Vendor
agree as follows:
(1). The Purchasing Policy for the City of Sanford allows for "piggybacking"
contracts. Pursuant to this procedure, the City is allowed to piggyback an existing
government contract, and there is no need to obtain formal or informal quotations,
proposals or bids. The parties agree that the Vendor has entered a contract with the
City of Sunrise, Florida, said contract being identified as "Motorcycle Lease
Agreement", dated February 9, 2018, in order for the Vendor to provide the leasing
of motorcycles to the City (said original contract being referred to as the "original
government contract").
(2). The original government contract documents are incorporated herein by
reference and is attached as Exhibit "A" to this contract. All of the terms and
conditions set out in the original government contract are fully binding on the parties
and said terms and conditions are incorporated herein; provided, however, that the
City will negotiate and enter work orders/purchase orders with the Vendor in
accordance with City policies and procedures for particular goods and services. All
"Standard Contractual Terms and Conditions", as provided on the City's website,
apply to this contract. Such terms and conditions may be found at the City's website
(www.SanfordFL.gov). The parties shall also be bound by the purchasing policies
and procedures of the City as well as the controlling provisions of Florida law.
1
(3). Notwithstanding the requirement that the original government contract
is fully binding on the parties, the parties have agreed to modify certain technical
provisions of the original government contract as applied to this Contract between
the Vendor and the City, as follows:
(a). Time Period ("Term") of this Contract shall begin October 1, 2018: (state
NIA if this is not applicable).
(b). Insurance Requirements of this Contract: (state N/A if this is not
applicable). See above.
(c). Any other provisions of the original government contract that will be
modified: (state N/A if this is not applicable). See above.
(d). Address change for the City: Notwithstanding the address and contact
information for the government entity as set out in the original government contract, the
Vendor agrees that he/she/it shall send notices, invoices and shall conduct all business
with the City to the attention of City Manager, at: City of Sanford, 300 North Park Avenue;
Sanford, Florida 32771. The City Manager's designated representative for this Contract
is Jim Krzenski, Administrative Services Manager, Sanford Police Department, 815
Historic Goldsboro Boulevard, Sanford, Florida 32771; telephone: 407.688.5070
(Extension 5174); facsimile transmittal number: 407.688.5071; e-mail address-
JIM.KRZENSKI@Sanfordfl.gov
(e). Notwithstanding anything in the original government contract to the
contrary, the venue of any dispute will be in Seminole County, Florida. Litigation between
the parties arising out of this Contract shall be in Seminole County, Florida in the Court
of appropriate jurisdiction. The law of Florida shall control any dispute between the parties
III
arising out of or related to this Contract, the performance thereof 'or any products or
services delivered pursuant to such Contract.
(f). Notwithstanding any other provision in the original government contract to
the contrary, there shall be no arbitration with respect to any dispute between the parties
arising out of this Contract. Dispute resolution shall be through voluntary and non-binding
mediation, negotiation or litigation in the court of appropriate jurisdiction in Seminole
County, Florida, with the parties bearing the costs of their own legal fees with respect to
any dispute resolution, including litigation.
(g). All the services to be provided or performed shall be in conformance with
commonly accepted industry and professional codes and standards, standards of the
City, and the laws of any Federal, State or local regulatory agency.
(h). Public Records.
(I). IF THE CONTRACTORIVENDOR HAS QUESTIONS
REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S (VENDOR'S) DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE
CUSTODIAN OF PUBLIC RECORDS AT (407) 688-5012, TRACI
HOUCHIN, CITY CLERK, CITY OF SANFORD, CITY HALL, 300 NORTH
PARK AVENUE, SANFORD, FLORIDA 327719
TRACI.HOU CHIN@SANFORDFL.GOV.
(II). In order to comply with Section 119.0701, Florida Statutes, public
records laws, the Vendor must:
3
(A). Keep and maintain public records that ordinarily and necessarily would
be required by the City in order to perform the service.
(B). Provide the public with access to public records on the same terms and
conditions that the City would provide the records and at a cost that does not exceed
the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law.
(C). Ensure that public records that are exempt or confidential and exempt
from public records disclosure requirements are not disclosed except as authorized
by law.
(D). Meet all requirements for retaining public records and transfer, at no
cost, to the City all public records in possession of the Vendor upon termination of
the contract and destroy any duplicate public records that are exempt or confidential
and exempt from public records disclosure requirements. All records stored
electronically must be provided to the City in a format that is compatible with the
information technology systems of the City.
(III). If the Vendor does not comply with a public records request, the City
shall enforce the contract provisions in accordance with this Agreement.
(IV). Failure by the Vendor to grant such public access and comply with public
records requests shall be grounds for immediate unilateral cancellation of this
Agreement by the City. The Vendor shall promptly provide the City with a copy of any
request to inspect or copy public records in possession of the Vendor and shall
promptly provide the City with a copy of the Vendor's response to each such request.
(i). The Vendor shall adhere to all grantor requirements when the funds
derived for goods or services hereunder derive from grant funding.
S
(4). All other provisions in the original government contract are fully binding on
the parties and will represent the agreement between the City and the Vendor.
Entered this L- day of '2018.
Attest:
Me ;dy R.'Ca
Direct r/S6cr
Attest:
Rossmeyer Daytona otorcycles,
Inc., a Flo da corp ation.
B
S dr B. Rossmeyer
Director/Prsirtt /(
Date: (�
City Of Sanford
&A01 OU11-1,011V1C,�'C'_�C� By:
Traci Houchin, City Clerk
4,11
C
Approved as to form and legal s fficien
� 1
V AV Atilt
L .1
Iliam L. Colbert City ey EST. �g i
10d,d iC IV i
fd? A-
61
U
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease') is made this 9th day of
February 2018 by and between Rossmeyer Daytona Motorcycles, Inc., 1637
North US Highway 1, Ormond Beach, FL 32174 ("Dealer' or "Lessor") and The
City of Sunrise, (the "Department" or "Lessee" or "City"), whose address is 10770
West Oakland Park Blvd., Sunrise, FL 33351 for the lease of police motorcycles
(hereinafter referred to as "the vehicles") as described in Exhibit "A" attached
hereto, for use by the Departmenfs 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 June 1, 2018 and ending on May 31, 2020. Lessee shall have
the right to extend the term of this Lease upon mutual written agreement
between Lessor and Lessee. In the event Lessee elects to exorcise its option to
renew the terms of this Lease, then Lessee shall provide Lessor with written
notice of its election within ninety days prior to the expiration of this lease.
2. Payment: Lessee shall make monthly lease payments to Lessor in the
amount of $450.00 for each vehicle commencing on June 1, 2018,
3. Miscellaneous Fees: Lessee agrees to pay for all fees in connection with
the certificate of title, registration, and license fees. 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,
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 shall maintain self-
insurance for all physical damage to the vehicles and will remain responsible for
all direct physical damage, but shall not be responsible to Lessor for any claims
for loss of use, administrative costs or diminished value assertions. The Lessor
or Dealer Will accept a written certificate of coverage that the Lessee is self-
insured for general liability and auto liability under Section §768.28, Florida
Statutes. Lessee will provide Lessor With evidence of this self-insurance listing
the vehicles by Lessee's unit number or vehicles' VIN number on a Certificate of
Coverage. In the event of a total constructive loss or total destruction of vehicles,
Lessee's maximum exposure shall be the actual cash value of the vehicle.
Lessors or Dealers insurance shall be primary and apply only for
occurrences when the vehicles are in Lessor's care, custody or control, and in
such case Lessee's self-insurance shall be provided on an excess and non-
contributory basis.
7. Notice of Accidents and Cooperation: To the, extent permitted by
§768.28, Florida Statutes, Lessee agrees to cooperate with Lessor in the
investigation and defense of negligence claims arising from their possession and
use of the vehicles. Lessee agrees to provide the Lessor with the motor vehicle
crash report number or an incident / investigative report number as a result from
any accident, theft or loss involving the vehicles once reasonably available from
the investigating agency. Furthermore, Lessee agrees to provide Lessor copies
of the motor vehicle crash report or an incident / investigative report from the
investigating agency once such reports becomes become public record and/or
are reasonably available. In the event the Lessor is named in a summons,
complaint, or claim notice along with the Lessee as a result of an accident,
Lessee will report such notifications to Lessor within a reasonable amount of time
after received by Lessee; including the reporting of theft or vandalism involving
the vehicles.
8. Indemnification:
8.1.1 To the extent permitted by §768.28, Florida Statutes, Lessee
agrees to indemnify and hold harmless Lessor its officers, agents and employees
from negligence claims resulting in losses, liability, damages, injuries, demands,
and including reasonable attorneys' fees; arising out of the operation or use of
the vehicles while in the care, or control of the Lessee or Lessee's employees
while acting in the course and scope of their employment. As respects only to the
maintenance or repair not performed by Lessor, Lessee agrees to hold harmless
Lessor its officers, agents and employees from negligence claims resulting in
losses, liability, damages, injuries, demands, and including reasonable attorneys'
fees.
8.1.2 Nothing herein is intended to serve as a waiver of sovereign
immunity under §768.28, Florida Statutes by any party to which sovereign
immunity may be applicable nor shall anything included herein be construed as
consent to be sued by third parties in any matter arising out of this Lease.
8.2 Lessor agrees to indemnify and hold harmless Lessee, its officers,
agents and employees from negligence claims resulting in losses, liability,
damages, injuries, demands, and expenses, including reasonable attorneys'
fees, arising out of the latent defects, maintenance, repair, service , storage,
2
operation or use of the vehicles while in the care, custody or control of the
Lessor.
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 Lessor 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 merchantability; durability or fitness for 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 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.
• 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
• Police markings installed by the Department shall be removed by
Department if required
11. Governing Law: This Lease shall be governed by the laws of the State of
Florida. Should the parties be involved in legal action against each other arising
under, or connected to this Lease, each party will be responsible for their own
attorneys' fees and costs. The venue for any litigation will be Broward County,
Florida. Both parties hereby agree to waive a jury trial and will proceed to a trial
by judge if necessary.
12. Public Entity Grimes: As provided in Sections 287.132 and 287.133,
Florida Statutes, by entering into this Lease or performing any work in
furtherance hereof, the Lessor certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by Section 287.133(3)(x),
Florida Statutes.
13, Discriminatory Vendor List: Pursuant to Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or
3
services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity. By execution of this Lease, Lessor
represents that it has not been placed on the discriminatory vendor list as
provided in Section 287.134, Florida Statutes.
14. Conflict of Interest: The Lessor represents that it presently has no
interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance or services required hereunder, as provided
for in Section 112.391, Florida Statutes. The Lessor further represents that no
person having any interest shall be employed for said performance.
15. Public Records Law: The lessor shall comply with all applicable
requirements contained in the Florida Public Records Law (Chapter 119, Florida.
Statutes), including but not limited to any applicable provisions in Section
119.0701, Florida Statutes. To the extent that the Lessor and this Lease are
subject to the requirements in Section 119.0701, Florida Statutes, the Lessor
shall: (a) keep and maintain public records required by the City to perform the
services provided hereunder; (b) upon request from the City's custodian of public
records, provide the City with a copy of the requested records or allow public
records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law; (c) ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed,
except as authorized by law for the duration of the term of this Lease and
following completion of this Lease if the Lessor does not transfer the records to
the City; and (d) upon completion of the Lease, transfer, at no cost, to the City all
public records in the possession of the Lessor or keep and maintain public
records required by the City to perform the service. If the Lessor transfers all
public records to the City upon completion of the Lease, the lessor shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. if the Lessor keeps and maintains public
records upon completion of the Lease, the Lessor shall meet all applicable
a requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records,
in a format that incompatible with the information technology systems of the City.
If the Lessor fails to comply with the requirements in this Section 15, the City may
enforce these provisions in accordance with the ten -ns of this Lease. If the Lessor
fails to provide the public records to the City within a reasonable time, it may be
subject to penalties under Section 119.10, Florida Statutes. Lessor shall be
permitted to comply with all provisions of this section and this Agreement by
4
providing :pdf copies of scanned documents as long as they are scanned at
300dpi.
IF THE LESSOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
LESSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS LEASE, THE LESSOR SHOULD CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, FELICIA
M. BRAVO, BY TELEPHONE (954/746-3333), EMAIL
(CITYCLERKc@SUNRISEFL.GOV), OR MAIL (CITY OF SUNRISE,
OFFICE OF THE CITY CLERK, 10770 WEST OAKLAND PARK
BOULEVARD, SUNRISE, FLORIDA 33351).
16. Entirety of Lease: The City and the Lessor agree that this Lease sets forth
the entire agreement between the parties, and that there are no promises or
understandings other than these stated herein. None of the provisions, terms and
conditions contained in this Lease may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto
with the same formality as this Lessor.
17. Discriminatory Vendor list: Pursuant to Section 287.934, Florida
Statutes; an entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a -contract with any public entity; and may not
transact business with any public entity. By execution of this Lease, Lessor
represents that it has not been placed on the discriminatory vendor list as
provided in Section 287.134, Florida Statutes.
ROSSMEYER DAYTONA CITY OF SUNRISE
MOTORCYCLES, INC.
By: gy:
Shelly Rassm yer Pe
Vice Presi
Title
Print Name
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease") is made this 9th day of
February 2018 by and between Rossmeyer Daytona Motorcycles, Inc., 1637
North US Highway 1, Ormond Beach, FL 32174 ("Dealer" or "Lessor") and The
City of Sunrise, (the "Department" or "Lessee" or "City"), whose address is 10770
West Oakland Park Blvd., Sunrise, FL 33351 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 and conditions of the Lease
are as follows: ,g�rms
1`��pVS
1. Term: The term o this Lease shall be twenty-four (24) months
commencing on June 1, 2 8'and ending on May 31, 2020. Lessee shall have
the right to extend the term of this Lease upon mutual written agreement
between Lessor and Lessee. 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 within ninety days prior to the expiration of this lease.
2. Payment: Lessee shall make monthly lease payments to Lessor in the
amount of $450.00 for each vehicle commencing on June 1, 2018.
3. Miscellaneous Fees: Lessee agrees to pay for all fees in connection with
the certificate of title, registration, and license fees. 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.
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 shall maintain self-
insurance for all physical damage to the vehicles and will remain responsible for
all direct physical damage, but shall not be responsible to Lessor for any claims
for loss of use, administrative costs or diminished value assertions. The Lessor
or Dealer will accept a written certificate of coverage that the Lessee is self-
insured for general liability and auto liability under Section §768.28, Florida
Statutes. Lessee will provide Lessor with evidence of this self-insurance listing
the vehicles by Lessee's unit number or vehicles' VIN number on a Certificate of
Coverage. In the event of a total constructive loss or total destruction of vehicles,
Lessee's maximum exposure shall be the actual cash value of the vehicle.
Lessors or Dealers insurance shall be primary and apply only for
occurrences when the vehicles are in Lessor's care, custody or control, and in
such case Lessee's self-insurance shall be provided on an excess and non-
contributory basis.
7. Notice of Accidents and Cooperation; To the extent permitted by
§768.28, Florida Statutes, Lessee agrees to cooperate with Lessor in the
investigation and defense of negligence claims arising from their possession and
use of the vehicles. Lessee agrees to provide the Lessor with the motor vehicle
crash report number or an incident / investigative report number as a result from
any accident, theft or loss involving the vehicles once reasonably available from
the investigating agency. Furthermore, Lessee agrees to provide Lessor copies
of the motor vehicle crash report or an incident / investigative report from the
investigating agency once such reports becomes become public record and/or
are reasonably available. In the event the Lessor is named in a summons,
complaint, or claim notice along with the Lessee as a result of an accident,
Lessee will report such notifications to Lessor within a reasonable amount of time
after received by Lessee; including the reporting of theft or vandalism involving
the vehicles.
8. Indemnification:
8.1.1 To the extent permitted by §768.28, Florida Statutes, Lessee
agrees to indemnify and hold harmless Lessor its officers, agents and employees
from negligence claims resulting in losses, liability, damages, injuries, demands,
and including reasonable attorneys' fees; arising out of the operation or use of
the vehicles while in the care, or control of the Lessee or Lessee's employees
while acting in the course and scope of their employment. As respects only to the
maintenance or repair not performed by Lessor, Lessee agrees to hold harmless
Lessor its officers, agents and employees from negligence claims resulting in
losses, liability, damages, injuries, demands, and including reasonable attorneys'
fees.
8.1.2 Nothing herein is intended to serve as a waiver of sovereign
immunity under §768.28, Florida Statutes by any party to which sovereign
immunity may be applicable nor shall anything included herein be construed as
consent to be sued by third parties in any matter arising out of this Lease.
8.2 Lessor agrees to indemnify and hold harmless Lessee, its officers,
agents and employees from negligence claims resulting in losses, liability,
damages, injuries, demands, and expenses, including reasonable attorneys'
fees, arising out of the latent defects, maintenance, repair, service , storage,
R
operation or use of the vehicles while in the care, custody or control of the
Lessor.
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 Lessor 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 merchantability, durability or fitness for particular purpose of use
covering the vehicle, and Lessor expressly disclaims any such express
warranties.
14. Return of the Vehicles: 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.
• Lessor will not be responsible for accident or training damage
• Tank, fenders, and saddlebags will be free of dents
• Tires shall have minimum of 4132 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
• Police markings installed by the Department shall be removed by
Department if required
11. Governing Law: This Lease shall be governed by the laws of the State of
Florida. Should the parties be involved in legal action against each other arising
under, or connected to this Lease, each party will be responsible for their own
attorneys' fees and costs. The venue for any litigation will be Broward County,
Florida. Both parties hereby agree to waive a jury trial and will proceed to a trial
by judge if necessary.
12. Public Entity Crimes: As provided in Sections 287.132 and 287.133,
Florida Statutes, by entering into this Lease or performing any work in
furtherance hereof, the Lessor certifies that it, its affiliates, suppliers,
subcontractors and consultants who will perform hereunder, have not been
placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within the 36 months immediately
preceding the date hereof. This notice is required by Section 287.133(3)(x),
Florida Statutes.
13. Discriminatory Vendor List: Pursuant to Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity; and may not
transact business with any public entity. By execution of this Lease, Lessor
represents that it has not been placed on the discriminatory vendor list as
provided in Section 287.134, Florida Statutes.
14. Conflict of Interest: The Lessor represents that it presently has no
interest and shall acquire no interest, either direct or indirect, which would conflict
in any manner with the performance or services required hereunder, as provided
for in Section 112.311, Florida Statutes. The Lessor further represents that no
person having any interest shall be employed for said performance.
15. Public Records Law: The Lessor shall comply with all applicable
requirements contained in the Florida Public Records Law (Chapter 119, Florida
Statutes), including but not limited to any applicable provisions in Section
119.0701, Florida Statutes. To the extent that the Lessor and this Lease are
subject to the requirements in Section 119.0701, Florida Statutes, the Lessor
shall: (a) keep and maintain public records required by the City to perform the
services provided hereunder; (b) upon request from the City's custodian of public
records, provide the City with a copy of the requested records or allow public
records to be inspected or copied within a reasonable time at a cost that does not
exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise
provided by law; (c) ensure that public records that are exempt or confidential
and exempt from public records disclosure requirements are not disclosed,
except as authorized by law for the duration of the term of this Lease and
following completion of this Lease if the Lessor does not transfer the records to
the City; and (d) upon completion of the Lease, transfer, at no cost, to the City all
public records in the possession of the Lessor or keep and maintain public
records required by the City to perform the service. If the Lessor transfers all
public records to the City upon completion of the Lease, the Lessor shall destroy
any duplicate public records that are exempt or confidential and exempt from
public records disclosure requirements. If the Lessor keeps and maintains public
records upon completion of the Lease, the Lessor shall meet all applicable
c requirements for retaining public records. All records stored electronically must
be provided to the City, upon request from the City's custodian of public records,
in a format that is compatible with the information technology systems of the City.
If the Lessor fails to comply with the requirements in this Section 15, the City may
enforce these provisions in accordance with the terms of this Lease. If the Lessor
fails to provide the public records to the City within a reasonable time, it may be
subject to penalties under Section 119.10, Florida Statutes. Lessor shall be
permitted to comply with all provisions of this section and this Agreement by
M
providing .pdf copies of scanned documents as long as they are scanned at
300dpi.
IF THE LESSOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA. STATUTES, TO THE
LESSOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO
THIS LEASE, THE LESSOR SHOULD CONTACT THE CITY'S
CUSTODIAN OF PUBLIC RECORDS: THE CITY CLERK, FELICIA
M. BRAVO, BY TELEPHONE (954/746-3333), E-MAIL
(CITYCLERK@SUNRISEFL.GOV), OR MAIL (CITY OF SUNRISE,
OFFICE OF THE CITY CLERK, 10770 WEST OAKLAND PARK
BOULEVARD, SUNRISE, FLORIDA 33351).
16. Entirety of Lease: The City and the Lessor agree that this Lease sets forth
the entire agreement between the parties, and that there are no promises or
understandings other than those stated herein. None of the provisions, terms and
conditions contained in this Lease may be added to, modified, superseded or
otherwise altered, except by written instrument executed by the parties hereto
with the same formality as this Lessor.
17. Discriminatory Vendor List: Pursuant to Section 287.134, Florida
Statutes, an entity or affiliate who has been placed on the discriminatory vendor
list may not submit a bid, proposal, or reply on a contract to provide any goods or
services to a public entity; may not submit a bid, proposal, or reply on a contract
with a public entity for the construction or repair of a public building or public
work; may not submit bids, proposals, or replies on leases of real property to a
public entity; may not be awarded or perform work as a contractor, supplier,
subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity. By execution of this Lease, Lessor
represents that it has not been placed on the discriminatory vendor list as
provided in Section 287.134, Florida Statutes.
ROSSMEYER DAYTONA CITY OF SUNRISE
MOTORCYCLES, INC.
By: By:
Shelly Rossm yer Pee Signatur
Vice Presi
Title: PCOW,�
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Print Name
5
EXHIBIT "A"
February 9, 2018
Lessee's Name: City of Sunrise
Model Year: 2018
Model Description: FLHP Road King two-tone blue and silver
Number of Units: 6
Vehicle Identification Numbers:
1.1 HD 1 FHC 13J B663279
2.1 HD 1 FHC 15JB663607
3.1 HD 1FHC 17JB663852
4.1 HD1FHC 16JB663793
5.1 HD 1 FHC 11 JB663720
6.1 HD 1FHC 14JB663663
RI
Barry T. Kuhnly
Mana;er
March 6, 2018
Mr. Jim Krzenski
Administrative Services Manager
815 Historic Goldsboro Blvd
Sanford, FL 32771
Dear Jim:
As you are aware the current police motorcycle lease agreement between
Rossmeyer Daytona Motorcycles, Inc., DBA Daytona Harley-Davidson and the
City of Sanford Police Department expires September 30, 2018.
In an effort to encourage our continuing relationship, Daytona Harley-Davidson is
prepared to make the following offer:
Daytona Harley-Davidson has been leasing police motorcycles to the City
of Sanford for the past four years for $400.00 per month per motorcycle.
Daytona Harley-Davidson is prepared to renew the current police
motorcycle lease agreement for the lease of seven (7) - 2019 FLHP Road
King police motorcycles, two-tone black and white in color with anti-lock
brakes, for twenty-four months (October 1, 2018 to September 30, 2020)
under the same terms and conditions as the current lease, with a small
increase to $450.00 per month per motorcycle.
• Daytona Harley-Davidson is also prepared to transfer the police
emergency equipment from the 2017 model year motorcycles to the 2019
model year motorcycles for $1,200 per bike, total $8,400.
• The only additional charges will be the cost of the tag, title, and
registration fees, approximately $125 per motorcycle, total $875.00.
Daytona Harley-Davidson - 1637 North US Hwy I • Ormond Beach, FL 32174
Cell: 954.257.2073 • Fax: 386.671.7077 • E-mail: bkuhnlv@brhd.com brhd.com