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HomeMy WebLinkAboutR-03-1028J-03-805 09/23/03 iJ 3 -1028 RESOLUTION NO. A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO THE AGREEMENT, IN SUBSTANTIALLY THE ATTACHED FORM, WITH FT. LAUDERDALE HARLEY-DAVIDSON, INC., TO INCREASE THE NUMBER OF TRAFFIC LAW ENFORCEMENT MOTORCYCLES TO BE LEASED BY FOUR, FROM NINETEEN TO TWENTY-THREE, AND INCREASING THE ANNUAL CONTRACT, IN AN AMOUNT NOT TO EXCEED $8,400, FROM $39,900 TO $48,300; FURTHER AMENDING RESOLUTION NO. 01-853, ADOPTED SEPTEMBER 13, 2001, TO REFLECT SAID INCREASES; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENTS PROJECT NO. 311850, ACCOUNT CODE NO. 429401.6.880, FOR SAID MOTORCYCLE LEASE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Manager is authorized!' to execute Amendment No. 1 to the Agreement, in substantially the attached form, with Ft. Lauderdale Harley-Davidson, Inc. to increase the �i The herein authorization is further subject to compliance with all requirements that may be imposed by the City Attorney, including but not limited to those prescribed by applicable City Charter and Code provisions. 1� ppp{ F.SA �} iP 1A '1 n P 7 - 6�*, f w rti Z6 7 ,.1 L7;'_' .. •.a u �'�i fi CITY COMMISSION MEETING OF. S F P 2 5 2003 Resolution No. rl3-1028 number of Traffic Law Enforcement motorcycles to be leased by four and increase the annual contract, in an amount not to exceed $8,400, from $39,000 to $48,300, for said motorcycle lease. Section 2. Resolution No. 01-853, adopted September 13, 2001, is amended in the following particulars.2/ "RESOLUTION NO. 01-853 Section 1. The bid of Ft. Lauderdale Harley Davidson, the lowest responsive and responsible bidder pursuant to Invitation for Bids No. 00-01- 202, dated July 18, 2001, for the leasing of nineteen twenty-three traffic law enforcement motorcycles for the Department of Genera_ Geigyviees Adffiinistrati�zz, Municipal Services in an annual amount not to exceed $39,999 $48,300, for a twenty-four month period with the option to renew for two additional one-year periods, is accepted, with funds allocated from Capital Improvement Project No. 311850, Account Code No. 429401.6.880, as appropriated by the Annual Appropriations and Capital Improvement Projects Ordnances, as amended, for the first year lease and subsequent years are subject to availability of funds. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 3 j3-1028 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.31 PASSED AND ADOPTED this 25th day of September , 2003. ATTEST: PRISCILLA A. TROMPSON CITY CLERK APPROVED AS TO FORN106D CORRECTNESS e PEEJVDRO VILARELLO CI ATTORNEY W7518:tr:AS:BSS 3/ If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 3 of 3 �J3-1028 CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: The Honorab yor and Me ers e City ommission I FROM: Oe'Arriola Q ' f Administrator/City Manager RECOMMENDATION CA -5 DATE: SEP 16 M FILE: SUBJECT: Proposed Resolution Amend Resolution No. 01-853 and REFERENCES: Existing Lease Agreement with Ft. Lauderdale Harley-Davidson, Inc. - ENCLOSURES: Leasing of Four Additional Traffic Law Enforcement Motorcycles It is respectfully recommended that the City Commission adopt the attached Resolution, amending Resolution No. 01-853, adopted September 13, 2001, authorizing to: 1) increase the number of Traffic Law Enforcement Motorcycles to be leased by four (4), from nineteen (19) to twenty-three (23), and 2) increase the annual contract by $8,400, from $39,900 to $48,300. Further, authorizing the City Manager to execute Amendment No. 1, in substantially the attached form, to the lease agreement between the City of Miami and Ft. Lauderdale Harley-Davidson, Inc. (a non- minority/non-local vendor), to reflect above. Allocating funds from Capital Improvement Project No. 311850, Account Code No. 429401.6.880. BACKGROUND In accordance with Resolution No. 01-853, adopted September 13, 2001, the City Commission accepted the bid of Ft. Lauderdale Harley-Davidson, Inc. for the leasing of nineteen (19) Traffic Law Enforcement Motorcycles, for the Department of Municipal Services (formerly known as General Services Administration) to be used by the Miami Police Department Motorcycle Detail Unit, in an annual amount not to exceed $39,900, for a twenty-four (24) month period, with the option to renew for two (2) additional one-year periods. Subsequently, the City of Miami entered into a Lease Agreement with said vendor. Since then, the Motorcycle Detail Unit increased their staff by three (3) Police Officers (see Attachment "A"). This increase depleted the Harley spares from four (4) to one (1). The spares are necessary because the motorcycles are routinely taken out of service for preventive maintenance and unforeseen events (e.g. crashes). Failure to have sufficient spares available may jeopardize traffic enforcement and most importantly services to the citizens. FISCAL IMPACT: NONE JA/ACS/AS1Wll �A--1028 "ATTACIRIM An CITY OF MIAMI, FLORIDA ^� INTER -OFFICE MEMORANDUM Linda Haskins TO: Chief Financial Officer =RCN. ohn (imoney hief of Police DATE : FILE SUBJECT: Increa le rffils. * Office OT ins Chief of Police n ,,.:� Miami. FI£t REi EF.E`10ES / U f K4is3 .i L 2 3 2003 BUSINESS MANAuEMENT SECTION REGEWED-f ntly, I increased the Motorcycle Detail by three offrcers. Prior to the additional ers, the detail. was staffed with one lieutenant, two sergeants and twelve police i'cers, for a total of fifteen personnel. The addition brought the total persons assigned to he detail to eighteen. Each member is assigned a motorcycle. Prior to the additional personnel, the detail had five spare motorcycles. The total number of motorcycles we presently have is nineteen (19) Harley's and one (1) Kawasaki. Original : 1 Lieutenant 2 Sergeants 12 Officers Total: 15 _. Total Number of Motorcycles: 20 Total Spares: 5 (4 Harleys and 1 Kawasaki) Current: 1 Lieutenant 2 Sergeants 15 Officers 18 20 Total Spares: 2 (1 Harley and 1 Kawasaki) I am requesting your approval to increase our motorcycle fleet by four Harley Davidsons. An increase of four would give us ample spares to continue our current maintenance program and should get us through the entire year. This represents an increase in the fleet of 20%, and an increase!of spares from 10% to 30%. The reason such a high percentage of spares is necessary is because the motorcycles are routinely taken out of service for preventive maintenance and unforeseen instances such as crashes or recalls. Unlike our fleet of cars, when a motorcycle is down for repairs or involved in a crash, there is no spare fleet to replace it. Therefore we are forced to compensate by adding additional motorcycles. We are unable to increase the fleet during the year because of availability and contracts. We are also seeking additional officers for our Traffic Enforcement Detail. Currently, we pay $175.00 per month per Harley Davidson motorcycle. -(The Kawasaki was awarded to us by Mothers Against Drunk Drivers.) The total monthly bill for 19 motorcycles is $3,325.00. The additional motorcycles will increase the cost by $700.00 #J3-1028 monthly. If approved, we will be paying $4,025.00 monthly for the lease of 23 Harley Davidson motorcycles. The yearly cost will be $48,300.00. Funding for this increase is available from the CIP, Index Code 311850-4294016.880. Currently, our contract with Harley Davidson is for the lease of nineteen motorcycles. In order to increase the number to twenty-three, we must amend our current contract. If you concur with this request, please sign below and have this memorandum forwarded to Victor Morales of the General Services Administration for preparation of the appropriate legislation. Should you require additional information, please contact me at extension 6565. JFT:FGF:TJR:RB:ag 1 APPR VED / DISAPPROVED: Joe Arriola Chief Administrator/City Manager CIP REVIEW AND APP!R!�L-.-__.� Pilar Sa+erfz / CIP AdmiTstrator BUDGETARY REVIEW ND APPROVAL: LL . Lar pri g/ Direc or r % DepartmPAO Strategic Planning, Budgeting & Performance ;.3--102$ CIP REVIEW AND APPROVAL: Jorge Cano, ' for Department of Capital Improvements ARY REVIEW AND APPROVAL: �e.lvwo Lang J ` I Chief of St ategic Planning, Budgeting & Performance Apprdved / Dysap,.p�Koved Q Joe Arrioia Chief Administrator/City Manager 9 �J3-1028 AMENDMENT NO.1 TO THE AGREEMENT BETWEEN THE CITY OF MIAMI & FT. LAUDERDALE HARLEY-DAVIDSON, INC. THIS AMENDMENT is made this day of , 2003, and is incorporated into and shall be deemed to amend that certain agreement dated September 13, 2001 (the "Agreement" or "Lease"), between the City of Miami (the "Department" or "Lessee" or "City") and Ft. Lauderdale Harley-Davidson, Inc. ("Dealer" or "Lessor"). 1. Increase the number of Traffic Law Enforcement Motorcycles to be leased in the amount of four (4), from nineteen (19) to twenty-three (23). 2. Increase the annual contract in the amount of $8,400, from a total annual contract amount of $39,900 to $48,300. Except as specifically provided herein, all of the terms and provisions of the Lease Agreement, as executed on September 13, 2001, shall remain in force and effect. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. Witness: By: Lessor: Ft. Lauderdale Harley-Davidson, Inc. Print Name and Title Print Name and Title of Authorized Officer Witness: ;'3-1028 C UM Print Name and Title Attest: Lessee: City of Miami, a municipal corporation of the State of Florida By: Priscilla A. Thompson, City Clerk APPROVED AS TO FORM AND CORRECTNESS Alejandro Vilarello, City Attorney By: Joe Arriola, City Manager APPROVED AS TO INSURANCE REQUIREMENTS By: Diane Erickson, Director Department of Risk Management CoM.-Amwdnmt - No. 1 Harley 2 J-01-729 8/29101 r RESOLUTION NO. `f — 8 A RESOLUTION OF THE MIAMI CITY COMMISSION✓ ACCEPTING THE BID OF FT. LAUDERDALE HARLEY DAVIDSON, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER PURSUANT TO INVITATION FOR BIDS NO. 00-01-202, DATED JULY 18, 2001, FOR THE LEASING OF NINETEEN TRAFFIC LAW ENFORCEMENT MOTORCYCLES, FOR THE DEPARTMENT OF GENERAL SERVICES ADMINISTRATION, IN AN ANNUAL AMOUNT NOT TO EXCEED $39,900, FOR A TWENTY-FOUR MONTH PERIOD, WITH THE OPTION TO RENEW FOR TWO ADDITIONAL ONE-YEAR PERIODS; ALLOCATING FUNDS FROM CAPITAL IMPROVEMENT PROJECT NO. 311850, ACCOUNT CODE NO. 429401.6.880, AS APPROPRIATED BY THE ANNUAL APPROPRIATIONS AND CAPITAL IMPROVEMENT PROJECTS ORDINANCES, AS AMENDED, FOR THE FIRST YEAR LEASE AND SUBSEQUENT YEARS ARE SUBJECT TO AVAILABILITY OF FUNDS. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The bid of Ft. Lauderdale Harley Davidson, the lowest responsive and responsible bidder pursuant to Invitation for Bids No. 00-01-202, dated July 18, 2001, for the leasing of nineteen traffic law enforcement motorcycles for the Department of General Services Administration, in an annual amount not to exceed $39,900, for a twenty-four month period, CITY' COMCSSION NEETliv G OF 9 3 20M Resolution No. dJ3-1028 with the option to renew for two additional one-year periods, is accepted, with funds allocated from Capital Improvement Project No. 311850, Account Code No. 429401.6.880, as appropriated by the Annual Appropriations and Capital Improvement Projects Ordinances, as amended, for the first year lease and subsequent years are subject to availability of funds. Section 2. This Resolution shall become effective immediately upon its adoption and signature of the Mayor!' PASSED AND ADOPTED this 13th day of September 2001. JOE CAROLLO, MAYOR M a4ccorda-, cs w ,.h f.-28- then 4Lhe l`,Aa �.at ,, ✓c- did rct ind � s 2� pronmI of t`:is !'pis"=iioa by ssori: ,' >� �: bcCC'.,.::5 ct:�ciZ'? 1J3 . ii,i ...'. .. �i .=�i t �r; �� ,:! ��::; d::'F' 0`: C-. ,i3 &C:_n ATTEST: WALTER J. FOEMAN CITY CLERK Wk r.�i:�oerran, Coity Clerk APPROVED AS TO FORf,4 AND CORRECTNESS :Z/ ALEJA ( 1LARELLO ITY ATTQRNEY W5581:db:LB ii If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Page 2 of 2 U f— 853 C"Ib"i rif 'ffltamt CONTRACT A W A R D BID NO. 00-01-202(05) NAME OF BID: MOTORCYCLES, TRAFFIC LAW ENFORCEMENT CONTRACT PERIOD: SEPTEMBER 13, 2001 THROUGH SEPTEMBER 12, 2003 TERM OF CONTRACT: TWO (2) YEARS WITH THE OTR FOR TWO (2) ADDITIONAL ONE-YEAR PERIODS COMMODITY CODE: 975-50 METHOD OF AWARD: LOWEST FIXED PRICE AWARD BASED ON MEASURES: Yes () No (X) () Set Aside () BBE () HBE O WBE owned firms O Local Preference SECTION #1 F.E.I.N. # MINORITY DESIGNATION: VENDOR NAME: STREET: CITY/STATE/ZIP: CONTACT -PERSON: PHONE # FAX # BEEPER # PAYMENT TERMS: DELIVERY: ITEM AWARDED: SECTION #2 C.C. AWARD DATE: AGENDA ITEM #: RESOLUTION NO: TOTAL AWARD AMOUNT: 2001 SECTION #3 VENDOR AWARD 65-084-55-60 NM (NON -MINORITY) FT LAUDERDALE HARLEY-DAVIDSON 443 SOUTH SR 7 FT LAUDERDALE, FLORIDA 33317 BARRY T. KUHNLY (954) 791-6290 (954) 791-7128 (888) 202-0693 NET 30 DAYS 60 CALENDAR DAYS ARO P.O. LEASING OF NINETEEN (19) CERTIFIED TRAFFIC LAW ENFORCEMENT MOTORCYCLES AWARD INFORMATION SEPTEMBER 13, 2001 AMENDED AMOUNT: NONE CA -2 SPECIAL CONDITIONS: YES 01-853 INSURANCE REQUIREMENT: N/A $39,900.00 FINANCIAL OVERSIGHT BOARD: SEPTEMBER 21, AFFIRMATIVE ACTION POLICY YES SECTION #4 REQUESTING DEPARTMENT INFORMATION USER DEPARTMENT/DIVISION: DEPARTMENT OF GENERAL SERVICES ADMINISTRATION CONTRACT ADMINISTRATOR: LOURDES LOPEZIALAN SAVARESE TELEPHONE NO.: (305) 575-5130/575-5171 FAX NO. (305) 575-5187/400-5339 §SECTION #5 PROCURING AGENCY SENIOR BUYER: MARITZA SUAREZ DATE PREPARED: SEPTEMBER 28, 2001 TELEPHONE NO: (305) 416-1907 FAX: (305) 416-1925 PREPARED BY: STEPHANIE JONES ;J3-1028 MOTORCYCLE LEASE AGREEMENT This Motorcycle Lease Agreement (the "Lease") is made this /3 day of 2001, by and between Fort Lauderdale Harley Davidson, Inc., located at 443 South State Road 7, Fort Lauderdale, Florida 33317 ("Dealer" or "Lessor") and the City of Miami, (the "Department" or "Lessee" or "City"), whose address is 1390 N.W. 20`h Street, Miami, Florida 33142 for the lease of nineteen (19) Traffic Law Enforcement Motorcycles (hereinafter referred to as "the vehicles") as described in Exhibit "A" attached hereto, for use by the Department's authorized employee in the performance of police -related or law-enforcement duties. RECITALS: A. The City needs to lease nineteen (19) Traffic Law Enforcement Motorcycles for the Department of General Services Administration to be used by the Miami Police Department's Traffic Enforcement Unit. B. The Commission of the City of Miami, by Resolution No. 01-853, adopted on September 13, 2001, authorized the leasing of nineteen (19) Traffic Law Enforcement Motorcycles from Fort Lauderdale Harley Davidson. NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, Lessor and the Lessee agree as follows: o3-1028 1. TERM: The term of this Lease shall be for a period of twenty-four (24) months from effective date of lease with the option to renew for two additional one year periods, provided that Lessor agrees and subject to the availability of funds. 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. CONDITIONS FOR RENEWAL: Upon mutual consent between Lessor and Lessee, this contract can be renewed for two additional one-year periods at the same price as specified in "Exhibit B". In addition, each renewal of this contract is subject to the following: a. Advance written mutual agreement between Lessee and Lessor b. Continued satisfactory performance compliance with the specifications, as described in "Exhibit A" c. Availability of funds In the event the Lessor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer by Lessor, no later than (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Lessor may be found to be in default. 3. PAYMENT: Lessee shall make monthly lease payments to Lessor in the amount of $175.00 for each vehicle. In the event Lessee is subject to budgetary constraints, an alternative payment plan for the lease (i.e. a lump -sum payment) may be made by Lessee at its sole discretion. In no event will the amount payable per year exceed $39,900. ,3-1023 LL:Motorcycle Lease Agreement 2 4. SPECIFICATIONS: Lessor shall provide nineteen (19) certified traffic law enforcement motorcycles, as specifically described and set forth in "Exhibits A, B and C" hereto, which by this reference is incorporated into and made a part of this Agreement. 5. 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, as per "Exhibit B, Section 3.15". 6. MAINTENANCE, WARRANTY, REPAIRS AND OPERATING EXPENSES: A warranty shall be provided by either the Lessor or the Manufacturer to the Lessee which shall be for a period of two (2) years, with unlimited mileage, and which shall cover, but not be limited to, parts failure or malfunction due to design, construction or installation errors, defective workmanship, missing or incorrect parts, repairs of the engine, transmission, fuel system, electrical system, suspension, power train, brakes, controls, cables, belts and chains. Lessee agrees to service the vehicles according to the manufacturer's recommendations as outlines in the owners 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. At the end of one (1) year, upon mutual consent between Lessor and Lessee, Lessor may replace the existing nineteen (19) traffic law enforcement vehicles with current model year at no charge to Lessee. The Lessor shall be responsible for the pickup and delivery of all motorcycles requiring warranty repair or maintenance. Motorcycles shall be transported using a trailer, flatbed or other vehicles designed to transport motorcycles. 7. SERVICE AND FACILITIES: The Lessor shall maintain and/or operate a service/repair facility within Miami -Dade or Broward County area and shall provide reasonably prompt service LL:Motorcycle Lease Agreement 3 eJ 3 — 10 2 S and/or repair for City leased motorcycle(s), as needed. Service and repair required due to ordinary wear, mechanical malfunction or manufacturer defect shall be the complete responsibility of the Lessor. 8. 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 manufacture's recommendations; and d. Will not be altered, marked or have equipment installed on them without Lessor's consent. 9. 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. 10. INDEMNIFICATION: Lessor agrees to indemnify and hold Lessee, and its affiliates, assignees, officers, agents and employees harmless from the losses, liability, damages, injuries, claims, demands and expenses, including attorney's 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. Lessee agrees to hold Lessor harmless from the 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, provided that the said losses, liability, damages, injuries, claims, demands and expenses are not ,3-1028 LL:Motorcycle Lease Agreernent 4 the result of actions or omissions on the part of the Lessor. Lessee's indemnification hereunder is subject to the limitations in §768.28, Florida Statutes. 11. LIMITATION OF LIABILITY: Lessor shall not be liable for any indirect or consequential damages or inconvenience (except for those relating to personal injury) caused by the time needed to repair or service the vehicles, unless such repair or service is the result of a defect in the vehicle. Monthly lease payments shall continue and not be reduced or delayed during this time. 12. RETURN OF THE VEHICLE: 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 manufacturers, unless the Lessee chooses the "Buyback Option" contained herein. 13. BUYBACK OPTION: Lessor agrees to allow Lessee to purchase any or all motorcycles at the end of the first two-year period of the lease agreement or at the end of the second renewal period, whichever is in the best interest of the City, at the same price specified on the Price Sheet, as described in "Exhibit A and C" and hereto attached, for fifteen thousand dollars ($15,000.00) per motorcycle, at the sole discretion of Lessee. 14. OWNERSHIP OF DOCUMENTS: Lessor understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Lessor or which is otherwise obtained or prepared by Lessor pursuant to or under the terms of this Agreement is and shall at all times remain the property of the City. Lessor agrees not to use any such information, document, report or material for any other purpose whatsoever without the written consent of City, which may be withheld or conditioned by the City in its sole discretion. 15. AUDIT AND INSPECTION RIGHTS: �j3 -1428 LE.Notorcycic Lease Agreement 5 a. The City may, at reasonable times, and for a period of up to three (3) years following the date of final payment by the City to Lessor under this Agreement, audit, or cause to be audited, those books and records of Lessor which are related to Lessor's performance under this Agreement. Lessor agrees to maintain all such books and records at its principal place of business for a period of four (4) years after final payment is made under this Agreement. b. The City may, at reasonable times during the term hereof, inspect Lessor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Lessor under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Lessor shall make available to the City all reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All tests and inspections shall be subject to, and made in accordance with, the provisions of Section 18-55.2 of the Code of the City of Miami, Florida, as same may be attended or supplemented, from time to time. 16. AWARD OF AGREEMENT: Lessor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. ;J3r1028 LI.Nowmycle Lease Agreement 6 17. PUBLIC RECORDS: Lessor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Lessor's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. 18. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Lessor understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Lessor agree to comply with and observe all applicable laws, codes and ordinances as they may be amended from time to time. 19. DEFAULT: If Lessor fails to comply with any term or condition of this Agreement, or fails to perform any of its obligations hereunder, then Lessor shall be in default. Upon the occurrences of a default hereunder the City, in addition to all remedies available to it by law, may immediately, upon written notice to Lessor, terminate this Agreement whereupon all payments, advances, or other compensation paid by the City to Lessor while Lessor was in default shall be immediately returned to the City. Lessor understands and agrees that termination o f this Agreement under this section shall not release Lessor from any obligation accruing prior to the effective date of termination. Should Lessor be unable or unwilling to commence to perform the Services within the time provided or contemplated herein, then, in addition to the foregoing, Lessor shall be liable to the City for all expenses incurred by the City in preparation and negotiation �J3-1028 LL: Motorcycle Lease Agreement 7 of this Agreement, as well as all costs and expenses incurred by the City in the re - procurement of the Services, including consequential and incidental damages. 20. RESOLUTION OF CONTRACT DISPUTES: Lessor understands and agrees that all disputes between Lessor and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Lessor being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $4,500, the City Manager's decision shall be approved or disapproved by the City Commission. Lessor shall not be entitled to seek judicial relief unless: (i) it has first received City Manger's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $4,500, or (ii) a period of sixty '(60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation (90) days if City Manager's decision is subject to City Commission approval); or (iii) City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 21. CITY'S TERMINATION RIGHTS: a. The City shall have the right to terminate this Agreement, in its sole discretion, at any time by giving written notice to Lessor at least thirty (30) business days prior to the effective date of such termination. In such event, the City shall pay to Lessor compensation fro services rendered and expenses incurred prior to the effective date of termination. In no event shall the City be liable to Lessor for any additional compensation, other than that provided herein, or for any consequential or incidental damages. LLAotorcycle Lease Agreement 8 b. The City shall have the right to terminate this Agreement, without notice to Lessor, upon the occurrence of an event of default hereunder. In such event, the City shall not be obligated to pay any amounts to Lessor and Lessee shall reimburse to the City all amounts received while Lessor was in default under this Agreement. 22. INSURANCE: Lessee is a municipality and, as such, is self-insured. At the time of delivery Lessee shall deliver to Lessor a certificate or other evidence of self-insurance and Lessor agrees to accept same in satisfaction of insurance requirements. Lessor shall, at all times during the term hereof, maintain such insurance coverage as may be required by the City. All such insurance, including renewals, shall be subject to the approval of the City of adequacy of protection and evidence of such coverage shall be furnished to the City on Certificates of Insurance indicating such insurance to be in force and effect and providing that it will not be canceled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. 23. NONDISCRIMINATION: Lessor represents and warrants to the City that Lessor does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Lessor's performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Lessor further covenants that no otherwise qualified individual shall, solely be reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to discrimination under any provision of this Agreement. 24. MINORITY AND WOMEN BUSINESS AFFAIRS AND PROCUREMENT PROGRAM: The City has established a Minority and Women Business Affairs and Procurement Program (the "M/WBE Program") designed to increase the volume of City LL:Motorcycle Lease Agreement 9 'A —1028 procurement and contracts with Blacks, Hispanic and Women -owned business. The M/WBE Program is found in Ordinance NO. 10062, a copy of which has been delivered to, and receipt of which is hereby acknowledged by, Lessor. Lessor understands and agrees that the city shall have the right to terminate and cancel this Agreement, without notice or penalty to the City, and to eliminate from consideration and participation in future City contracts if Lessor, in the preparation and/or submission of the Proposal, submitted false or misleading information as to its status as Black, Hispanic and/or Women owned business and/or quality and/or type of minority or women owned business participation. 25. ASSIGNMENT: This Agreement shall not be assigned by Lessor, in whole or in part, without the prior vTitten consent of the City's, which may be without or conditioned, in the City's sole discretion. 26. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt required, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO DEALER: BARRY KUHNLY FT. LAUDERDALE HARLEY-DAVIDSON 443 South State Road 7 Ft. Lauderdale, FL 33317 LL:Motorcycle Lease Agreemcnt 10 TO THE CITY: CARLOS A. GIMENEZ, CITY MANAGER CITY OF MIAMI 444 S.W. 2 AVENUE, 10TH FLOOR MIAMI, FLORIDA .33130 ;J3-1428 WITH COPIES TO: ALEX J. MARTINEZ, ACTING DIRECTOR GENERAL SERVICES ADM. 1390 NW 20 STREET MIAMI, FLORIDA 33142 ALEJANDRO VILARELLO, CITY ATTORNEY 444 S.W. 2 AVENUE, #945 MIAMI, FLORIDA 33130 27. MISCELLANEOUS PROVISIONS: a. This Agreement shall be construed and enforced according to the laws of the State of Florida. b. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. d. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to LL:Motorcycle Lease Agreement 11 �� 3 — 10 28 conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. e. This Agreement, Attachment A and Attachment B constitute the sole and entire agreement between the parties hereto. No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. 28. 'SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 29. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and the Agreement is subject to amendment or termination due to lack of funds, reduction of funds and/or change in regulations, upon thirty (30) days notice. 30. REAFFIRMATION OF REPRESENTATIONS: Lessor hereby reaffirms all of the representations contained in the Solicitation Documents. 31. ENTIRE AGREEMENT: This instrument and its attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 32. COUNTERPARTS: This Agreement may be executed in two or more counterparts, each of which shall constitute an original but all of which, when taken together, shall constitute one and the same agreement. APPROVAL BY THE OVERSIGHT BOARD: The State of Florida has appointed an Emergency Financial Oversight Board (the "Oversight Board") which is empowered to review ,l3-1028 LUMotorcycle Lease Agreement 12 and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this Agreement by the City Manager shall constitute evidence of its approval by the Oversight Board. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal corporation tPRy Fve! yr CECILIA GLOFAK O COMMISSION NUMBER i Q CC960322 9th Q� MY COMMISSION EXPIRES OF FVO _SEPT 6.2004=_ ATTEST: "Lessor" Ft. Lauderdale Harley-Davidson "Provider", a Florida Corporation Print ame: u a <p 4Jw c y Print Name: Ae y Title: Title: AC At LL:Motorcycle Lease Agreement 13 APPROVED AS TO INSURANCE REQUIREMENTS: • . t a MARIO SOLDEVILLA - Director of Risk Management LL:Motorcycle Lease Agreement 14 "EXHIBIT A" City of Miami, Florida Bid No. 00-01-202 4.0. SPECIFICATIONS SCOPE OF SPECIFICATIONS It is the intent of these specifications to describe the requirements for a two (2) year Iease agreement between the City of Miami General Services Administration and a vendor capable of supplying twenty-three (23) current model production year, certified traffic law enforcement motorcycles to be used by the City of Miami Department of Police. The Police Department's Traffic Enforcement shall use nineteen (19) motorcycles as first-line units. Four (4) motorcycles shall be used as spares, in the event first line units go down. All proposed motorcycles shall be o_ f the current model production year, and in full compliance with the following specifications: 1. SPECIFICATIONS 1.1. Engine: Piston displacement shall not be less than 1340cc. Engine shall be air-cooled shall have two cylinders equipped with overhead valves. Engine and transmission shall be isolated from motorcycle frame through a rubber mounting system to insure all vibration is kept to a minimum. 1.2. Power train Deluxe Chrome Group: Designed for low maintenance, engine shall include a black wrinkle paint finish, chrome rocker boxes, timer cover, outer primary housing and transmission covers. 1.3. Sequential Port Fuel Injection System (EFI): Engine shall include a port fuel _ injection system. 1.4. Clutch: The clutch shall be of the latest multiple plate design. Starter motor operation shall require the clutch be disengaged. Clutch shall include low effort hand levers. 1.5. Transmission: The transmission shall be a manual type of the latest design with at least five (5) forward speeds. 1.6. Brakes: Disc brakes shall be provided for both front and rear wheels. Front brake shall have dual 11.5 -inch drilled discs. Rear brake shall be single disc. Brakes shall be designed for police use and be relatively free from heat fade. 1.7. Suspension system: The chassis shall be equipped with a heavy duty, air adjustable front and rear suspension. The rear suspension shall be adjustable to allow compensation for imposed loads. Suspension shall be of adequate design to permit optimum handling conditions as required in metropolitan area traffic law enforcement: 1.7.1. Rear suspension shall have swing -arm having bearings that require no lubrication for the life of the motorcycle. 1.7.2. Front suspension shall be equipped with a passive anti -dive system. 1.8. Wheels/Tires: Chassis shall include cast wheels with tubeless tires. Tires shall be Dunlop Touring Elite II D402 MT90B x 16 blackwalls with non-skid tread, designed to operate on paved highways. Tires shall be designed to remain on wheel during loss of air pressure. ;ja-1428 n--- 1 ^r 2 City of Miami, Florida Specifications (Continued) Bid No. 00-01-202 1.9. - Fuel Tank: Capacity of not less than five (5) U.S. gallons. 1.10. Electrical System: A twelve (12) volt, negative ground electrical system shall include but not limited to the following: 1.10.1. One (1) heavy-duty 12 -volt battery with a minimum rated capacity of 30 - ampere hours. 1.10.2. One (1) 45 amp high -output alternator with a solid-state voltage regulator. 1.10.3. All connectors shall be industrial grade throughout the electrical system. 1.10.4. One (1) electrical accessory connection shall be provided. 1.10.5. Hand control switches shall be water resistant and designed for repetitive use. 1.10.6. One (1) electric starter with solenoid operated engagement and relay. 1.10.7. One (1) horn with an adequate sound level to be heard above motorcycle and traffic generated noise. 1.11. Each motorcycle shall be equipped with the following lighting equipment: 1.11.1. One (1) quartz halogen headlight. 1.11.2. One (1) tail light assembly. 1.11.3. One (1) set of turn signals. 1.11.4. One (1) set of running lights integrated into fender tips and front turn signals. 1.12` Instrumentation and Visual Displays: The motorcycle shall include the following: 1.12.1. Speedometer -Certified analog speedometer, to indicate 0-120 M.P.H. 1.12.2. Odometer - A calibrated, cumulative odometer 1.12.3. Fuel Level Gauge 1.12.4. Indicator Lamps - Including pursuit lamp indicator 1.12.5. Sight Glass on Brake Master Cylinders 1.12.6. Low Fuel Indicator Lamp 1.12.7. Engine Diagnostic Lamp 1.13. Seat: One (1) deluxe police style air saddle shall be provided and be covered with breathable material. Seat shall include a rear back support and be equipped with a quick release mechanism. Seat assembly shall include a single air bladder with reservoir and gauge. 1.14. Side Stand: One (1) side stand with positive locking mechanism shall be provided. 1.15. Footboards: One (1) set of adjustable footboards shall be provided. Footboards shall include non-skid rubber pads on upper surfaces. - 1.16. Engine Guards: Chassis shall include one (1) front engine guard and one (1) set of rear saddlebag guards. 1.17. Saddlebags: Chassis shall include factory installed, law enforcement type fiberglass Page 2 of 3 City of Miami, Florida Specifications (Continued) Bid No. 00-01-202 saddlebags. Bags shall be waterproof and utilize police style speed latches. 1.18. Final Drive: Final drive shall be a Kevlar® reinforced belt. Chain drives are unacceptable. 1.19. Windshield: One (1) Lexan 'or clear polycarbonate windshield shall be provided. 1.20. Mirrors: Two (2) true image rear view mirrors shall be provided. 1.21. Miscellaneous: One (1) key shall fit all locks. 2. EMERGENCY EQUIPMENT PACKAGE 2.1. Electronic Siren: One (1) Whelen brand 100 -watt electronic siren system (amplifier and speaker) shall be .provided with each motorcycle. The amplifier shall be waterproof and include wail and yelp tones. Siren controls shall be handlebar mounted utilizing original factory switches and controls. 2.2. The motorcycle shall be equipped with one (I). microphone jack 2.3. Emergency Light Package: Each motorcycle shall come equipped from the dealer with a Whelen brand six -point emergency lighting package. Rear utility boxes housing the lights and power supply shall be metal and be the same approximate dimensions of the existing City boxes and be of adequate size to accommodate the emergency lights and power supply. (Approximate dimensions of the existing boxes are 17'L X 6 ''/2"H X 14" W). 3. BUY BACK AGREEMENT 3.1. _ The City of Miami shall have the option to purchase any or all motorcycles at the end of the first two-year period of the lease agreement or at the end of the second renewal period, whichever is in the best interest of the City, at the same price specified on the Price Sheet. 4. WARRANTY. REPAIRS & MAINTENANCE 4.1. The warranty shall be for a period of not less than two (2) years. The warranty shall cover, but is not limited to, repairs to the engine, transmission, fuel system, electrical system, suspension, power train, brakes, controls, cables, belts and chains. 4.2. In the event the factory warranty is not available after one (1) year, the dealer shall be responsible for the second year warranty agreement. 4.3. The vendor agrees to allow City to perform all service and non -warranty repairs at the City's maintenance facility utilizing City personnel. 4.4. The City of Miami reserves the right to return the motorcycle to the dealer of choice for warranty repairs. 4.5. The dealer shall be responsible for the pickup and delivery of all motorcycles requiring repair or maintenance. Motorcycles shall be transported using a trailer, flatbed or other vehicle designed specifically to transport motorcycles. . ;j3- 1028 Page 3 of 3 City of Miami, Florida Bid No. 00-01-202 5.0 INSTRUCTIONS TO BIDDERS FOR PURCHASE OFSERVICES 5.1 PREPARATION OF BIDS - Bidders are expected to examine the specifications, required service completion, schedule, drawings, and all special and general conditions. Bidders when necessary should visit the work site and take such other steps as may be necessary to ascertain the nature and location of the work and the general and local condition which can affect the cost of the bid. Failure to do so will not relieve Bidders from responsibilities for estimating properly the difficulty or cost of successfully bidding the contract. 5.1.1 Each Bidder shall furnish the information required in the IFB. The Bidder shall sign the IFB and print in ink or type its name, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. 5.1.2 Bidder shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder to its employees. 5.1.3 - Bidder must state a definite time, if required, for start of service or completion of work. Such time should be reflected in calendar days . The bid form may provide for submission of a price or prices for one or more items, which may be lump sum bids, scheduled items resulting in a bid on a unit of service, or construction or a combination thereof, etc. 5.1.4 Bidder should retain a copy of all bid documents for future reference. 5.1.5 All bid forms as described under Section 6.0, Bid Response and Document Check List must be fully completed and typed or printed in ink, and must be signed in ink with the firm's name and by an officer or employee having authority to bind company or firm by his/her signature. Bids having any erasures or corrections must be initialed in ink by the person signing the bid or the bid may be rejected. -1.1.6 The City of Miami's Bid Forms which are attached to this solicitation should be used when Bidder is submitting its bid. THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR BID MAY BE DISQUALIFIED. 5.1.7 Multiple bids will be considered non-responsive. 5.2 SUBMISSION AND RECEIPT OF BIDS - Bids must be received at the designated location at/or before the specified time of opening as designated in the IFB. NO EXCEPTIONS. Bidders are welcome to attend bid opening; however, no award will be made at that time. A bid tabulation will be furnished upon request by Bidder; and, Bidder must enclose a self-addressed, stamped envelope when submitting a bid to receive the tabulation. 5.2.1 Bids shall be enclosed in the sealed envelope provided by the City in the IFB package. The face of the envelope must show the hour and date specified for receipt of bids, the bid number, and the name and address of the Bidder. Bids not submitted on the requisite Bid Forms may be rejected. 5.2.2 Bid must be submitted to the office and address listed on the front page of this IFB by the time specified to be considered for award. 5.2.3 Telegraphic bids or facsimile will not be considered. 5.2.4 Late bids will be rejected. 5.2.5 Failure to follow these procedures is cause for rejection of bid. 5.2.6 All bids are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. 93 — 1028 5.2.7 The responsibility for obtaining and submitting this bid to the City Clerk's Office on or before the O stated time and date is solely and strictly the responsibility of Bidder. The City of Miami is not City of Miami, Florida Bid No. 00-01-202 responsible for delays caused by the United States mail delivery or caused by any other occurrence. Bids received by the City Clerk after bids have begun to be opened will be returned unopened, and will not be considered for award. 5.2.8 Modification of bids already submitted will be considered only if received at the City Clerk's Office before the time and date set for opening bids. All modifications must be submitted in writing. Once a bid is opened, the City will not consider any subsequent submission which alters the bid. 5.2.9 If bids are submitted at the same time for different solicitations, each bid must be placed in a separate envelope and each envelope must contain the information previously stated in 5.2.1. 5.3 EXPLANATION TO BIDDERS - Any explanation regarding the meaning of interpretation or the Invitation for Bids, drawings, specifications, etc., requested orally or in writing by a Bidder, must be requested in sufficient time for a reply to reach Bidders before the submission of their bids. Explanations or instructions shall not materially alter the IFB unless they are in writing. Oral explanations or instructions given before the award of a contract will not be binding. If necessary, a written addendum to an IFB will be issued to all prospective Bidders. 5.4 TERMS OF PAYMENT - Payment will be made by the City after the items awarded to a Bidder have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the services/goods and pursuant to Florida Statute 218.74 and other applicable law. 5.5 NO INTEREST IN BIDDING - If you do not wish to bid, please return the "Statement of No Bid" form, stating the reason. Failure to submit a response after three (3) times without a sufficient justification of "No Bid" will be cause for removal from the Vendor/Bidder's list. —1f applicable, vendor should additionally return the vendor application to be listed on the Vendor/Bidder's list. 5.6 TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. 5.8 BID FORMS - All Forms, as described under Section 6.0, Bid Response and Document Check List, should be completed, signed and submitted accordingly. 5.9 VENDOR REGISTRATION - It is the policy of the City that all prospective Bidders complete a "Vendor Application" indicating the commodities/services which the vendor can regularly supply to the City for inclusion on the City's Vendor/Bidder's list. Should a prospective Bidder not be currently listed on the City's Vendor/Bidder's list, a Vendor Application will be enclosed with the bid package. Vendors who have already submitted an application and secured a vendor number from the city are not required to submit a new vendor, application. It is the responsibility of the business entity to update its application concerning changes such as ownership, new address, telephone number, fax, commodities, etc. If a Bidder submits a Bid or a "No Bid", a completed vendor application should be returned with the bid documents or the "No Bid" form. Completed vendor applications will be added to the City's Vendor/Bidder's list. A Purchase Order will not be issued by.the City unless the successful Bidder has completed this application. For any questions, contact the Vendor Registration Section at (305) 416-1913. 1 93-1028 City of Miami, Florida "EXHIBIT B" Bid No. 00-01-202 3.0. SPECIAL CONDITIONS 3.L SCOPE AND PURPOSE It is the intention of the City of Miami to establish a contract for the leasing of twenty-three (23) brand new certified traffic law enforcement motorcycles for the Department of General Services Administration to be utilized by the City of Miami Police Department. 3.2 DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATON Any request for additional information or clarification must be received by no later than Wednesday. July 11, 2001. Bidders may fax or mail their questions to the attention of Maritza Suarez, Sr. Procurement Specialist at the City of Miami, Purchasing Department, 444 SW 2"d Avenue, 6d' Floor, Miami, Florida 33130. Facsimile Number 305-416-I925. 3.3. CONTRACT TERM The Contract shall be for a period of 24 months from the effective date of the lease with the option to renew for two additional one year periods, subject to the availability of funds and the conditions set forth in Section 3.4. 3.4. CONDITIONS FOR RENEWAL The City reserves the right to extend this contract beyond the initial two year period for two additional one year periods, provided the successful bidder exchanges the existing motorcycles with brand new current model production year motorcycles for the two option to renew periods. Warranty and Maintenance for the I" and 2"d year of the contract shall remain in effect for the two option to renew periods, at the same price as specified in the Price Sheet. In addition, each renewal of this contract is subject to the following: a. Advance written mutual agreement. b. Continued satisfactory performance compliance with the specifications, terms and conditions established herein. c. Availability of funds In the event the Contractor is unable to extend the contract for any subsequent period under the above conditions, or for whatever cause, advance written notice and explanation must be submitted to the Chief Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such notification is subject to the acceptance of the City, or the Contractor may be found to be in default. 3.5. NON -APPROPRIATION OF FUNDS Iq the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in any fiscal period for payments due under this contract, then the City, upon written notice to Contractor or his assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense to the City. 3.6. CANCELLATION The City Manager by written notice may terminate in whole or part any Agreement resulting from this invitation, when such action is in the best interest of the City. If the Agreement is so terminated, the City shall be liable only for payment for services rendered prior to the effective date of termination. 3.7. METHOD OF AWARD Award will be made to the lowest most responsible and responsive bidder(s), whose base price bid, when combined with the options selected by the City, represents the lowest total cost. �A-1028 City of Miami, Florida Special Conditions (Continued) Bid No. 00-01-202 3.8. APPROVAL BY EMERGENCY FINANCIAL OVERSIGHT BOARD The State of Florida has appointed an Emergency Financial Oversight Board ("Oversight Board") which is empowered to review and approve all pending City of Miami contracts. As a result, contracts shall not be binding on the City until such time as they have been approved by the Oversight Board. Execution of this contract by the City Manager shall constitute evidence of its approval by the Oversight Board. 3.9. BIDDER QUALIFICATIONS Bids will be considered only from firms that have been regularly engaged in the business of providing the goods as described in this bid for at least two (2) years; and that have sufficient financial support, equipment and organization to insure that they can satisfactory execute the services if awarded a contract under the terms and conditions herein stated. Subsequently, the Bidder will: Be fully licensed to perform the work described herein, and shall provide all information requested on the Price Sheet. Have no record of pending lawsuits or criminal activities and not have conflicts of interest which may be of embarrassment to the City. Not submit a bid should the contractor have any member, officer, or stockholder that is in arrears or is in default of any debt or contract involving the City, is a defaulter or surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully any previous contract with the City. Pre -award inspection of the Bidder's facility may be made prior to award of contract 3.10. CONTRACT ADMINISTRATOR Upon issuance of contract award, contractor shall report and work directly with Mr. Alan Savarese, Fleet Manager, who shall be designated as the Contract Administrator. 3.11. SAFETY STANDARDS It is the city's intent that all specifications are in full and complete compliance with all applicable Federal and State of Florida laws and regulations. This includes, but is not limited to, Federal National Motorcycle Safety Standard (NVSS), Occupational Safety and Health Act (OSHA), and the Environmental Protection Agency (EPA) standards, and Florida requirements for external noise control and window tinting. If an apparent conflict exists, bidders must contact the Purchasing Department immediately. 3.12. SERVICE AND FACILITIES The contractor shall maintain and/or operate a service/repair facility within Miami -Dade or Broward County area and shall provide reasonably prompt service and/or repair for City leased motorcycle(s), as needed. Service and repair required due to ordinary wear, mechanical malfunction or manufacturer defect shall be the complete responsibility of the contractor. 3.13. MILEAGE ALLOWANCE The City shall consider no other mileage allowance other than the amount specified on the Price Sheet. ` 3.14. DELIVERY REQUIREMENTS Bidders shall state in the space provided on the Bid Information Form the approximate time required for delivery after receipt of a purchase order. All motorcycles ordered prior to manufacturer's close of production and in accordance with the contract shall be supplied in the manufacturer's next model run of that class motorcycle even if it requires supplying a newer year production model at the original bid prices. Contractor shall place order with the manufacturer within six (6) workdays after receipt of the City's purchase order. Contractor shall complete delivery to user department within twelve (12) workdays after receipt of motorcycle from manufacturer. 03-1©28 page 2 of 5 City of Miami, Florida Special Conditions (Continued) Bid No. 00-01-202 All deliveries of motorcycles with more than 225 odometer miles, except units requiring body modification, shall be accomplished by transport. Deliveries of motorcycles with less than 225 odometer miles may be accomplished by driving the motorcycle. Any delivery by driving the motorcycle must be supervised, and the driver must comply with the manufacturer's break-in requirements and all applicable traffic laws and ordinances. At the City' s option, a motorcycle with more than 225 odometer miles may be rejected. In any event, all warranties will begin at the time of acceptance by the City of Miami. There shall be a acceptance and break-in period of thirty (30) days. During this period, the motorcycles shall have operated in a manner considered satisfactory and operational, without break -downs or loss of component functions. Contractors shall notify the City of Miami personnel designated on the purchase order no less than 24 hours prior to delivery. Deliveries will be accepted only between 8:00 A.M. and 3:00 P.M. during the City' s normal workdays. Transport deliveries must be unloaded and ready for inspection prior to 3:00 P.M. Deliveries not complying with these requirements may be rejected and will have to be redelivered at the contractor's expense. 3.15. DELIVERY/AVAILABILITY Prices quoted will include delivery F.O.B. Miami, Florida. The motorcycles will not be shipped with the City of Miami as consignee. The City will not be responsible for the motorcycles until fully delivered and accepted after a complete test, inspection, and field service check and break-in period. Delivery times must be stated and will be a prime consideration in determining awards. Time: Bidders shall indicate on the Price Sheet, the number of calendar days required to furnish the motorcycle(s) after receipt of order. Time of delivery may be extended for a specific period when the cause of such delay is beyond the control of the successful bidder and provided that notice is given to the City immediately upon knowledge of impending delay. Point: General Services Administration Fleet Management Division 1390 NW 20 Street Miami, FL 33142 3.16. WARRANTIES The Contractor shall warrant the motorcycle against parts failure or malfunction due to design, construction or installation errors, defective workmanship, or missing or incorrect parts for a minimum of twelve (12) months, or 12,000 miles of operation, whichever occurs first. However, if the contractor received from any supplier additional warranty on the whole or any components of the motorcycle in the form of item or mileage, including any pro -rata arrangements, or if the contractor generally extends to his commercial customers a greater or extended coverage, the City shall receive corresponding warranty benefits. The starting actual ' service, not the date delivered by the vendor. Contractors will be advised of the date motorcycles are placed in service. 3.17. WARRANTY Failure by any manufacturer's authorized dealer to render proper warranty service or adjustments, including providing a copy of the warranty work order to the city, shall subject that dealer and the contractor to suspension from the City's bidders' list until satisfactory evidence of correction is presented to the City's Purchasing Department. Payment will not be withheld pending warranty repairs and adjustments. 3.18. PATENTS AND ROYALTIES The bidder, without exception, shall indemnify and save harmless the City and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, patented, or unpatented page 3of5 1 ",3"1028 City of Miami, Florida Special Conditions (Continued) Bid No. 00-01-202 invention, process, or article manufactured by the bidder. The bidder has no liability when such claim is solely and exclusively due to the combination, operation or use of any article supplied hereunder with equipment or data not supplied by the contractor or if such claim is based solely and exclusively upon the alteration of the article. The City will provide prompt written notification of a claim of copyright or patent infringement. Further, if such a claim is made or is pending, the contractor may, at his expense, procure for the City the right to continue use of, replace or modify the article to render it non -infringing. (If none of the alternatives are available, the,City will agree to return the article on request to the contractor and receive reimbursement, if any, as may be determined by a court of competent jurisdiction.) If the bidder uses any design, device, or materials covered by letters, patents or copyrights, it is mutually agreed and understood without exception that the bid prices shall include all royalties or costs arising from the use of such designs, devices, or materials in any way involved in the work. 3.19. DEMONSTRATIONS Bidden may be called upon to demonstrate the equipment offered. Such demonstration and inspection shall be by arrangement with Mr. Allan Savarese, Contract Administrator. 3.20. ACCEPTANCE Delivery of a motorcycle to the City does not constitute acceptance for the purpose of payment. Final acceptance and authorization for payment shall be given only after a thorough inspection indicates that the motorcycle meets bid specifications and conditions. Should the delivered motorcycle(s) differ in any respect from the specifications, payment will be withheld until such time as the successful bidder takes necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within ten days of delivery. If the proposed corrective action is not acceptable to the City, the Purchasing Department may authorize the using department to refuse final acceptance of the product, in which case the motorcycle(s) shall remain the property of the supplier, and the City shall not be liable for payment for any portion thereof. Motorcycles shall be delivered with each of the following documents completed. 1. (2) Parts Manuals and (2) Service Manuals (for the group, not per motorcycle) 2. Warranty Certifications (including rustproofing warranty when applicable) 3. Copy of Pre -Delivery Service Report 3.21. SPECIFICATION EXCEPTIONS Specifications are based on the most current literature available. Bidder shall notify the City of Miami Purchasing Department in writing, no less than ten (10) days prior to a bid opening, of any change in the manufacturers' specifications which conflict with the bid specifications. Bidden must also explain any deviation from the bid specifications in writing as a footnote on the applicable bid page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with his bid. Failure of bidden to comply with these provisions will result in bidders being held responsible for all costs required to bring the motorcycle in compliance with contract specifications. ; 3.22. ADVERTISING No emblem, logo, tag or other device or design promoting the contracting firm may be affixed in any manner to any motorcycle furnished under this bid. 3.23. ADDITIONAL TERMS AND CONDITIONS No additional terms and conditions included with the bid response shall.be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this bid. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this bid solicitation are the only conditions applicable to this bid and that the bidder's authorized signature affixed to the bidder's acknowledgment form attests to this. page4of5 iJ3--1028 City of Miami, Florida Special Conditions (Continued) Bid No. 00-01-202 3.24. THIRD PARTY The City, at the request of the bidder, may sign a lease agreement with a third party, provided the lease terms and conditions stated in this bid supersede all terms and conditions stated in that lease agreement. The bidder shall assume the responsibility for any and all additional costs occurring from any variance in the terms and conditions of this solicitation, and those offered in any standard language lease of a third party, signed by the City at the request of the bidder. Your submitted bid will be accepted as acknowledgment of compliance with this requirement. 3.25. PAYMENT TO THIRD PARTY The City may make direct monthly payments to a third party lessee upon completion and submission of a W-9 Form by the third party lessee and receipt of a letter authorizing such direct payment to the third party lessee by the bidder. Upon satisfactory completion of these requirements the City will initiate such direct monthly payments. 3.26. ADDITIONAL COSTS The City of Miami shall make no additional payments for any other costs other than for the items specified on the Price Sheet. 3.27. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the bidder against factory defects. Any defects which may occur as the result of either faulty material or workmanship within the period of the manufacturer's standard warranty will be corrected by the bidder at no expense to the City. 3.28. LICENSE REQUIREMENT FOR SALEILEASE MOTOR MOTORCYCLE(S) This bid has a Motor Motorcycle License Requirement. Chapter 320 of the Florida Statutes states; "No motor motorcycle, foreign or domestic may be sold, leased or offered for sale or lease in this state unless the Manufacturer, Importer or Distributor of such motor motorcycle which issues an agreement to a motor motorcycle dealer in this state is licensed under SS 320.60-320.70". Bidders are required to comply with this Statute. 3.29. ADDITIONAL ITEMS The City of Miami reserves the right to add or to delete any items from this bid or resulting contract when deemed to be in the best interest of the City. 3.30. CONTRACT EXTENSION The City reserves the right to automatically extend this Contract for up to one hundred twenty (120) calendar days beyond the stated Contract term under the same price, terms and conditions. The City shall notify the Successful Bidder in writing of such extensions. Additional extensions over the first one hundred twenty -day extension may occur, only if, the City and the Successful Bidder are in mutual agreement of such extensions and price, terms and conditions remain the same. page 5 of 5 _l "EXHIBIT"'C" TABULATION OF BIDS LEASE OF TRAFFIC LAW ENFORCEMENT MOTORCYCLES BID NO. 00-01-202 Item No. Description I. Motorcycle A. Motorcycle Base Price Optional Items Il. Emergency Equipment Package (siren. emergency lights, utility box and microphone jack) Ill. Operating & Maintenance Cost a. 1st Year Warranty b. 2nd Year Warranty c. 1st Year Maintenance d. 2nd Year Maintenance e. Transportation Charges (pickup and delivery) IV. Buy -Back Agreement Number of caldendar days required to fumish motorcycles Prepared by Maritza Suarez, 7/26/01 FL Lauderdale Harley Davidson 443 South State Road 7 Ft. Lauderdale, FL 33317 Non-Minority/Non-Local Enforcement Motorcycles Scare Motorcycles Estimated Quantity: 19 Estimated Quantity: 4 Unit Price per Motorcycle Unit Price per Motorcycle $175.00 /month $175.00 /month Estimated Unit Extended Quanti Price Amount 23 included no charge Monthly Cost per Motorcycle included /month $ 30.00 /month $ 100.00 /month $ 100.00 /month none Ancident Repurchase Cost $15,000.00 /motorcycle 60 days after receipt of Purchase Order GI Page t Approval by Department AMENDMENT BID NO. 00-01-202 ITEM: Four (4) additional Law Enforcement Motorcycles DEPARTMENT: Municipal Services/Police TYPE OF PURCHASE: Amend Section 1 of Resolution No. 01-853 RECOMMENDATION: It is recommended that Resolution No. 01-853 adopted Sept 13, 2001, authorizing the leasing of nineteen traffic law enforcement motorcycles for the Department of Municipal Services from Ft. Lauderdale Harley-Davidson, to reflect the increase in the number of motorcycles by four (4), from nineteen (19) to twenty-three (23), and to increase the annual contract amount by $8,400, from $39,900 to $48,300, further authorizing the City Manager to execute Amendment No. 1, to the lease agreement between the City of Miami and Ft. Lauderdale Harley-Davidson, Inc. AwardAmend 13-1028 POLICE A(:. -.NDA ITEM SUMMARY I _ .CT SHEET (LEASING OF FOUR ADDITIONAL LAW ENFORCEMENT MOTORCYCLE) JUSTIFICATION: The Motorcycle Detail Unit increased staffing by three police officers. This increase depleted the Harley spares from four to one. The spares are necessary because the motorcycles are routinely taken out of service for preventive maintenance once a month and due to unforeseen events (e.g. crashes). Therefore, an amendment to Resolution No. 01-853 and Existing Lease Agreement with Ft. Lauderdale Harley -Davidson, is being requested. HOW IS THIS ITEM GOING TO ENHANCE THE QUALITY OF SERVICE TO THE CUSTOMER / CITIZENS? Failure to have sufficient spares available may jeopardize traffic enforcement and most importantly services to the citizens. IS THIS A REPLACEMENT ITEM? YES I I NO M (If ves, w IS THIS AN EMERGENCY ITEM? YES I I NO IS THIS PURCHASE USING A SOLE SOURCE VENDOR? YES H NO IS THIS A LOCAL VENDOR? YES U NO Q9 (If no, explain?) Ft. Lauderdale Harley-Davidson, Inc. IS THIS THE LOWEST BID? YES N NO U (If no, explain?) The lowest responsive and responsible bidder from existing resolution 01-853. FUNDING SOURCE: Capital Investment TOTAL EXPENDITURE: Increase Project $8,400.00 COMMENTS: • Staffing of Motors prior to April 2003 included: 1 lieutenant, 2 sergeants and 12 police officers • Staffing of Motors as of April 2003 includes: 1 lieutenant, 2 sergeants and 15 police officers • Leased Harleys assigned to officers as of July 2003: 18 Spare(s): 1 • Requesting increase of four (4) Harleys to provide for the needed five (5) spares to cover monthly maintenance requirements and unforeseen circumstances, such a breakdowns and accidents. Spares need to be leased since there is no spare fleet to replace existing motors when they go down. • Motors also has one (1) Kawasaki (2002) that it received from Mothers Against Drunk Drivers as an award for being the top performer in a State DUI effort — this is mostly utilized for training purposes. Commission Hearing Date: September 25, 2003 Item#: CA -5 93-1025