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HomeMy WebLinkAboutExhibitMOTORCYCLE LEASE AGREEMENT BETWEEN THE CITY. OF MIAMI AND PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C. into this This Motorcycle Lease Professional Services Agreement (the "Lease" or "Agreement") is entered day of , 2014 ("Effective Date") by and between the City of Miami; a municipal corporation of the State of Florida ("City" or "Lessee"), and Peterson's Harley- Davidson of:Miazni, L.L.C. ("Dealer" or "Lessor"), a Florida limited liability company, located at 19400 N.W.-.2"d Avenue, Miami, Florida 33169 for the lease of new current model production year, certified traffic_ law enforcement motorcycles for use by the City's authorized employees in the performance of police: -related or law -enforcement duties, all as more specifically set forth herein. RECITALS WHEREAS, the City needs to lease up to twenty-eight (28) new current model production year, certified traffic law enforcement motorcycles (hereinafter referred to as "the Motorcycles"), with the option to add additional units as necessary under the same prices, terms and conditions as set forth in this Agreement, to be utilized by the City of Miami Police Department. WHEREAS, the City has issued Invitation for Bid No. 437315 ("IFB") for the leasing of the Motorcycles and Lessor's Bid ("Bid"), in response thereto, has been selected as the lowest responsive bid by the City. The IFB and the BID are sometimes referred to herein, collectively, as the Solicitation Documents, and are by the reference incorporated into and made part of this Agreement. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Lease. 2. TERM AND OPTION TO EXTEND: The initial term of this Lease shall be twenty-four (24) months, commencing on the date of delivery of the Motorcycles, as set forth in Section 3. The City shall have the option to extend the initial term for a period of two -years (24 months) under the same terns and conditions set forth herein, subject to the availability and appropriation of funds, by written notice given by the City Manager or his/her designee at least one hundred twenty (120) calendar days prior to the expiration of the initial term. Additionally, the City Manager or his/her designee, may extend this Lease for up to one hundred twenty (120) calendar days beyond the expiration of the one option to extend tern, if needed, in its sole discretion, while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised; the City,Manager or his/her designee shall notify the Lessor, in writing, of its intent to extend the Lease at the same price, terms and conditions for a specific number of days. Additional extensions beyond the first one hundred twenty (120) day extension period may occur, if mutually agreed to bOhe City and the Lessor. At the end of each year during the Tern, the Lessor will replace the Motorcycles with the newest models available. 3. SPECIFICATIONS AND DELIVERY: Not later than sixty (60) days after the Effective Date, Lessor agrees to deliver to the City up to twenty- eight (28) Motorcycles which meet the specifications set forth in Exhibit "A", which by this reference is incorporated into and made part of this agreement. The City has the right to increase the number of Motorcycles to be leased under this Agreement under the same prices, terns, and conditions stipulated in the Bid, by giving written notice thereof, signed by the City Manager or his/her designee. In such event, Lessor shall have a period not to exceed ninety (90) days from the City's request in which to deliver the additional Motorcycles. 4. LEASE PAYMENTS: A. Lessee shall make monthly lease payments to Lessor in the amount of Five Hundred ($500) for each motorcycle; (for a total sum paid annually of One Hundred and Sixty -Eight Thousand Dollars and no cents ($168,000),) subject to any increases in said total sump based on the City's need for additional motorcycles beyond the twenty eight (28) maximum referenced herein. B. Lessee agrees to make monthly payments within thirty (30) days after receipt of Lessor's invoice, which shall be accompanied by sufficient supporting documentation and contain sufficient detail, 2 to allow for proper. audit of expenditures, should the City require ode to be perforned. Initial payment will lie made by the City after the Motorcycles have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. However, initial payment and all other:; subsequent monthly payments thereafter, if not made within the same time stipulated herein, will be subject to the provisions of Florida Statute Section 218.74 and other applicable law. No advanced < e c of any � b- e1< City. l,a,nn.,int� o� µ zy �i�d will �e mad., by the .,icy. 5. MISCELLANEOUS FEES: Lessee agrees to pay forall official fees in connection with the • certificate of title, registration and license fees and any applicable taxes; for each of the leased Motdr'cycles. Lessor hereby waives all charges with respect to freight and dealer prep of the Motorcycles. 6. MAINTENANCE, WARRANTY AND REPAIRS: Lessor shall provide, and hereby reaffirms, all warranties, maintenance and repair services described in the Solicitation Documents at no cost to the Lessee. The Lessor agrees to maintain the Motorcycles pursuant to the Manufacturer's Standard Preventive maintenance Contract and/or recommendation. However, the Lessor shall not supply Lessee with gasoline, radios, and clutches worn due to training. All maintenance shall be performed at Peterson's Harley-Davidson of Miami, L.L.C., 19400 N.W. 2nd Avenue, Miami, Florida 33169. The Lessor shall be responsible for the pickup and delivery of all Motorcycles requiring repair, maintenance or warranty work. The Lessor shall pick up Motorcycles requiring repair, maintenance or warranty work within twenty-four (24) hours of notification and agrees to deliver them to the City within twenty-four (24) hours after completion of said repairs. 7. BUYBACK OPTION: Lessor agrees to allow Lessee to purchase any or all Motorcycles at the end of the initial term (first 24 months of lease) or extended tern (second 24 months of lease), if the Agreement is extended by the City, whichever is in the best interest of the City, for Fifteen Thousand Dollars and no cents ($15,000.00) per motorcycle, at the sole discretion of Lessee, subject to City Commission approval, if required. S. 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 3 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 the City, which may be withheld or conditioned by the City in its sole discretion. 9. AUDIT AND INSPECTION RIGHTS: 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 in accordance with Section 18-102 of the Code of the City of Miami. Lessor agrees to maintain_allsuch books and records at its principal place of business for a period of three (3) years after final payment is made under this Agreement. B. The City may, at reasonable times during the teiiu hereof, inspect Lessor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the services required to be provided by Lessor under this Agreement conform to the terms hereof; 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 18-101 of the Code of the City of Miami, Florida, as same may be amended or supplemented, from time to time. 10. 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. 11. PUBLIC RECORDS: A. Lessor understands that the public shall have access, at all reasonable tunes, to all reasonable 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 4 disclosure under applicable law, Lessor's failure to comply or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anything else, in this Agreement to the contrary, subject to the provisions of Florida law, including, but limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary information and trade secrets of Lessor. D. C fitractor/consultant/provider/Lessor shall additionally comply with..the provisions of Section 1190701; Florida Statutes, entitled "Contracts; public records". 12. 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 federal, state and local laws, codes and ordinances as they may be amended from time to time. 13. INDEMNIFICATION: Lessor shall indemnify, hold harmless and defend the City, its officials, officers, directors, and employees and agents (Collectively referred to as "Indemnities") and each of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or death of any person or damage to or destruction or loss of any property arising out of, resulting from, or in connection with (i) the performance or non-performance of the services contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in whole or in part, by any act, omission, default or negligence (whether active or passive) of Lessor or its employees, agents or subcontractors (collectively referred to as "Lessor"), or (ii) the failure to comply with any of the paragraphs herein or the failure of the Lessor to conform to any statutes, ordinances, or other regulations or requirements of any governmental authority, federal, state or local, in connection with the performance of this Agreement. Lessor expressly agrees to indemnify and hold harmless the Lessee, or any of them, from and against all liabilities which may be asserted by an employee or former employee of Lessor, or any of its subcontractors, as provided above, 5 for which the Lessor's liability to such employee or former employee would otherwise 'be limited to payments under state Workers' Compensation or similar laws. The City agrees to indemnify and hold Lessor harmless from the losses, liability, damages, injuries, claims, demands and expenses, including attorney's fees, arising out of the use of the Motorcycles while in tli :;care, custody or control of the City, provided that the said losses, liability, damages, injuries, claims, demands and expenses are not the result of actions or omissions on the part of the Lessor. Lessee's indemnification hereunder is subject to the limitations in Florida Statute Section-768.28. Lessee does not waive its .right to sovereign immunity under Florida Statute Section 768.28. 14. DEFAULT: If Lessor fails to comply with any term or condition of this Lease, or fails to perform any of its obligations hereunder, then Lessor shall be in default. Upon the occurrence 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 the Lessor while Lessor was in default shall be immediately returned to the City. Lessor understands and agrees that termination of this Lease 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 continence to perform its obligations hereunder 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 of this Lease, as well as all costs and expenses incurred by the City in the re -procurement of this Lease, including consequential and incidental damages. 15. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider 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 Provider being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds $25,000, the City Manager's decision shall be approved or disapproved by the City Commission. Provider shall not be entitled to seek judicial relief unless: (i) it has first received City Manager's written 6 decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000, 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. 16. TERNi1NA ION RIGHTS: The City, acting by and. thi ough its City Manager, shall have the right to terminate. this Lease by written notice„to the Lessor, effectivethe date specified in the notice, upon occurrence of anyof the following: A. The Lessor is determined by the City to be in breach of any of the terms and conditions of the Lease. B. The City has determined that such termination is in the best interest of the City. C. Funds are not available to cover the cost of the goods, services, or equipment. The City's obligation hereunder is contingent upon the availability of appropriate funds. 17. INSURANCE: Lessor shall, at all times during the teen hereof, maintain such insurance coverage as may be required by the City as described in Section 2.22 of the IFB as set forth in, Exhibit "B". All such insurance, including renewals, shall be subject to the approval of the City Risk Management Director for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificate of Insurance indicating such insurance to be in force and effect and providing that it will not be cancelled during the performance of the services under this contract without thirty (30) calendar days prior written notice to the City. Provider agrees to provide a written notice of cancellation or material change to the City Risk Management Administrator in accordance with material Policy revisions to the City's coverage under this Agreement. A completed Certificate of Insurance shall be filed with the City prior to the performance of services. If, in the judgment of the City Risk Management Administrator, prevailing conditions warrant the provision by Lessor of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the 7 amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice; this Agreement may be considered terminated on the date that the required change in policy coverage would otherwise take effect. 18. SOLICITATION DOCUMENTS: Except as otherwise specifically provided herein; Lessor shall comply with all the provisions of the Solicitation Documents that are intended by then terms to apply to: the Contractual relationship hereby created. All such provisions shall apply to this Lease as if restated herein. 19. NONDISCRIMINATION: Lessor represents and warrants to the City that Lessor doesnot and will not engage in discriminatory practices and that there shall be no discrimination in connection with Lessor's and Contractor's, respectively, 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 by 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 the discrimination under any provision of this Agreement. 20. ASSIGNMENT: This Agreement shall not be assigned by Lessor, in whole or in part, without the prior written consent of the City Cominission, which may be withheld or conditioned, at the City's sole discretion. 21. NOTICES: All notices or other communications required under this Agreement shall be in writing and shall be given by hand -delivery, overnight courier with receipt, or by registered or certified U.S. Mail, return receipt requested, 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. 8 TO CITY Daniel J. Alfonso City Manager City of Miami 444 S.W..2ud Avenue, 10t Floor Miami, Florida 33130 with copies to: Victoria Mendez City Attorniey. City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 TO LESSOR Peterson's Harley-Davidson of Miami, L.L.C. 19400 N.W. 2nd Avenue Miami, Florida 33169 22. MISCELLANEOUS PROVISIONS: A. This Agreement and its Attachments shall be construed and enforced according to the laws of the State of Florida. Venue for any legal action shall be in Miami -Dade County, Florida in order to expedite the conclusion of any action the parties agree to waive their right to trial by jury, their right to file permissive counterclaims, or to claim attorney's fees in any civil or administrative action between them arising from this Agreement. 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 9 shag he deemed modified to the extent necessary in order to 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 constitutes 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. 23. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs; executors, legal representatives, successors, or assigns. 24. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide goods or services to the City as an independent contractor, and not as an agent or employee of the City. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 25. NON -APPROPRIATIONS CLAUSE: In the event that sufficient funding for this Agreement is not appropriated or made available for each renewal period, with continued authorization for program activities, due to lack of funds, reduction of funds and/or change in law or regulations, the City may terminate the Agreement for non -appropriations pursuant to Section 16 (C) with prompt notice to Provider. 26. REAFFIRMATION OF REPRESENTATIONS: Lessor hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 27. ENTIRE AGREEMENT: This instrument and its Exhibits 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. 10 28. 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. 29. USE AND SUBLEASING: Lessee agrees that the Motorcycles (a) will be -operated only by authorized licensed drivers employed by Lessee as law -enforcement officers; (b) will be kept free of all f and 1 (c) not l e- ii 7 1_-- iuie i fines; liens encumbrances; will nol be used 111G�'ally, rr111J1opelly, lUl 11LCG, or Coilti-aly to the Manufacturer's recommendations. IN WITNESS WHEREOF, -the parties hereto have caused this instrument to be executed by then respective officials thereunto duly authorized, this the day and year above written. ATTEST: "City" CITY OF MIAMI, a municipal corporation Todd B. Hannon, City Clerk Daniel J. Alfonso City Manager APPROVED AS TO FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Victoria Mendez City Attorney Ann -Marie Sharpe, Director Department of Risk Management "Lessor" ATTEST: Peterson's Harley-Davidson of Miami, L.L.C., a Florida limited liability company Print Name: Print Name: Title: Title: 11 COMPANY RESOLUTION WHEREAS, Peterson's Harley-Davidson of Miami, LLC desires to enter into an agreement with. the City of Miami for the purpose of entering into a Lease Agreement for the Leasing, of Traffic Law Enforcement Motorcycles; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the By -Laws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that the President, , (or any other person authorized by the Board of Managers, and please state the person's name) is hereby authorized and instructed to enter into a contract, in the name and on behalf of this company, with the City of Miami upon terns contained in the proposed contract to which this resolution is attached. DATED this day of , 2014. Chairperson of the Board of Managers Company Secretary Print Name Print Name (Corporate Seal) 12 EXEIIBIT A SPECIFICATIONS 13 Invitation for'Bid (IFB) 437315 3. Specifications 3.1, S 'ECiPICATIONS/SCOPB OF WOP s: It 4s the intent of'these Specifications to describe the requirements for two (2), year lease agreement with the option to renew for one additional two (2) year period between the Clty ofMiami, General Services Administration and:an Authorized Dealer/Successful Bidder capable of supplying approximately twenty-eight (28) current model production year, certified tre is law enforcement motorcycles 'to be used by the City of Miami Department of Police (Harley Davidson or Approved Equal), Ali-proposedrnotorcycles shall be of the ntiriezat model production year, and in Fu11 compliance or approved equal to the following specifications; Model: FLHP'7 oadi(ing Solo T,awF.,nforoernent Motorcycles These speoiiy cations describe the mechanical:and comfort requirements for the P.LHP solo law enforcement motorcycles which will be used by the City of Ivliaani Police Department. All proposed FLIP motorcycles to be in fu11 compliance as follows: A, Engine Piston. displacement of not less than 1699oc OHV Win Cam.1030 High Output Vibration Isolrited V.Twin, air-cooled of •.twin -cooled, equipped with DE standard oil.cooler, two cylinders' with overhead. valves and featuring BITMS ('Engine. Idle Temperature Management System), producing minimal vibration: frequencies and magnitudes • Engine and transmission isolated nxora sraotoroycle frame utilizing a rubber mounting, systexo. Powertrairi deluxe Chrome group designed for low maintenance; blaokpowder coat finish on engine; chrome rocker boxes,'timer cover; outer polmar' housing & transmission covers. Compression ratio; 9.7:1 Electronic Sequentlaliort Fuel Injection System'(ESPFI)• Chain. Drive Twin Cams Hydraulic Lifters requiring no maintenance service adjustments I3, Clutch / Tra.nsznission Clutch shall be of thelatest mtiltip'1e nine (9) plate design, wet. Cable .Actuated Clutch system Transmission to he of latest design, manualtyp.e, with not less than six (b) forward speeds. Clutch disengage for starter motor operation Primary Drive, double row Chain, 34/46 ratio. Grensoless shifter shaft -With "anti vthration" rabbet spacers, Gear Ratios: let '9.59a Page 38 of 42 Invitation for Bid (LFB) 437315 2nd 6,650. 3rd 4,938 4th 4.00.0 5th 3,407 6th 2,875 C.13rakes Raflexxhf Linked Braking with ABS, linking disengages below 25 mph Hydraulic Disc brakes forboth frOnt and rearwheels Front"brakes having .dual 11.81-inch diameter floating discs Rear brake having a single.disc. • B.rakes:snall•be•relatively free of heat fade • — .- . - . Calipers-4 Piston: Uniform Expanding Rear Rotor D.Suspension Motorcycles shall be provided with a suspension system, to permit optimum handling conditions as required in Law enforcement 49 ruin telescopic front forks, i..ear au -adjustable shocks. Rear suspension, swing arm bearings shall require no lubrication for life of the motorcycle, It, Wheels / Fires Black loapellerT' Cast Aluminum wheels, run material to be impermeable to compressed air, Tubeless type tires to have non-skid tread, designed to operate on paved highways and shalt have a fill, four ply fabric reinforoemeot, Bead -retention tires deesig red to remain on wheel during sudden loss of pressure. Sealed automotive style wheel bearings requiring no endplay adjustment and service interval of 100,00.0 miles (160,000 km), F. Fuel Tank Fusltanlc to have a capacity of six (6) U,S. gallons (or 22,71 liters), Must provide a minimum of 1 gal (3..8 L) reserve firel capacity when: attain supply is exhausted, Eleatic fuel primp. G. Electrical System Electrical system shall be nominal 12.volt es follows: Battery.. Sealed, heavy-duty maintenance -free, 12-volt, minixmurtt rated capacity —28 ampere hours (Battery Council International rating), 270 cold cranking ampa. Page '39 o142 Invitation for. 1d (IFE) 437315 Igniiicra. 'ion. -waste spark, alpha control. Charging System. Three-phase, 5.0-amp high output alternator, solid state regulator. Connectors, Industrial: grade tin -mahout, provided with electrical accessory • connection. Hand Controls, Water-resistant, integrated switches. Starting System,12-volt starter, solenoid operated ahgageanent, relay required. Horn. Sound level _audible above motorcycle and traffic -generated noise. IL Lighting-. .. - .. _ -- • - - - .. _ ...... - Eaoh motordycle shall be provided with .the following lighting equipment: Dual Halogen Headlight Front Emergency Lamps FAR.-35, one red and one blue (incandescent). Tam Signals, Self -canceling system, Flashers, four-way; with independent switch.. LiOMse plate lightig with two blue marker lamps. Rear (Reel) LED Tender Tip Light I, Visual Displays Speedometer. Analog & Digital. speedometer, range 0-120mph (or kph equivalent), Two (2) re-settable trip meters. Speed Capture withDigital Speed Display Gear Indicator Odoiiieter. Calibrated, emanative. Tachometer'. Analog, Fuel level gauge. Emergency Light Activation. Indicators, separate indicators for front and rear emergency lights. Stealth Mode indicator -if activated Cruise Control indicator Sight glass on. brake master cyliiade>;s. Fuel Mileage countdown till empty displayed in odometer window when Low fuel indicator lamp Is lit. Tom Siggnalrndicators Hazard -Warning Lights Indicator Neutral Indicator High beam Indicator Low Oil pressure Indioator Engine diagnostic .light .S indicator lamp Security Lamp (if equipped with optional . amity system) Page 40 of 42 Invitation for laid (U B) 437315 J. Feature Requirements Seat, Deluxe solo saddle, special polxoe type,, breathable material covering, adjustable coil over spring suspension system, Cruise Control -OE standard Stealth iblode-optional activation Pushte Talk Switoh-requires other police radio equipment not supplied by II D Pourer ON for emergency equipment for.30 minutes with ignition OFF Atialog and Speed Displaywith-SpeedCapture feature Gear Indicator Side Stand, .iffy standwith electronic disengage to prevent drive off with jiffy stand deployed. :Foot Boards. pivoting type with non -Aid id nibber:p.ads._..,_ . _ _. _ __. ...... , . `Guards. Front engine guard bar and rear saddlebag guard bars. Saddlebags, Psr tort' ittstalled, law enforcement type Injection Malded GTX saddlebags, approximately 2000 cubic inches of. storage space per bag, Prater -resistant, utilizing one touch operation latches. Final. belt drive; with arubber isolated 68 toothrear.drive sprocket. Chrome; two into one into two exhaust system Windshield. Constructed doled polycarbonate, -designed to break away with minimal force. Mirrors, Two (2) long stem true image mirrors, 1:ey. One key fits all locks. Wheelbase, 64 inches (1.625 nun). Laden 'Seat Sleight, 27.3 inches (695 turn) Gross Vehicle Weight Rating, 1360 lbs. (617 kg.) Dry Weight. 7861bs. (357 kg) Running .Order, 821 lbs, (372 kg,) Service Intervals, 1st 1000 miles and tb.en every.5000 miles thereakler. Warranty, 24 months, t n1indited mileage, *G.Emergezncy Response Components Radio bd swith. Two (2) side and Two (2) rear facing Red/Blue LE) emergency lights; Two (2) forward facing Rad/Blue S,BD emergency lights; Two (2) side facing Ret1/Blue LBD emergency lights mounted on front forks; Sttip mounted an front windsoreen with three (3) Red/Blue LID emergency lights; Siren spealcermoulted on crash bar, amplifier and RA, .Microphone; Two (2) small blue LBD lights mounted on license plate or radio box facing rear; Installation. of.provided City on/flatni police radio, radar and city provided running (fog) lights as .required equipment. I'age 41 of42 Invitation for Bid (IFB) 437a15 II, 'Warranties and Repairs The City of'Miami reserves the right to return the motorcycle to any certified dealer of choice for warranty repairs, The dealer shall be responsible for the pickup .and delivery of all motorcycles requiring repair, maintenance or warranty work, Motorayoles :shallbe transported using atelier, flatbed or other vehicle designed specMoally to transport motaroyt les The dealer shall pick up motorcycles requiring repair, xnaintenanoe or warranty work within 24 hours of not:lfication,.Also, motorcycles shall be delivered within 24 hours thereafter completion of said repairs. The warranty shall be fora period of not less than two (2) years with unlimiteciroiteage, The warranty shall cover, but is not .limited to,, repairs for the engine, transmission, Orel system, electrical system, suspension, power trio, brakes, controls, cables, belts, emergency responae•conrponents and Chains, S agreed by dealership the Citymaybe allowed to perform any-wad/or all service and non -warranty repairs at the City s maintenance facility' utilizing City personnel, Dealer will be responsible for all repairs to emergency response components installed by Harley Davidson and/or Dealership fax a. period of two (2) years or unlimited mileage, Alt maintenanoe and repairs shall be covered bythe dealership, as reflected it the Header/Attachments Section of the bid, including but not limited to tires, oil, oil filters and clutches, The only reason the City will be responsible for repairs is for abuse and/or accident: repairs, Page 42 of 42 EDIT B SECTION 2.22 OF IFB - INSURANCE REQUIREMENT 14 I:'+tSUILAX CE :RE.QULR IEN S .Ii;` EN IP1C,AT.IOJ't ...Bidder shall pay on behalf of_ indem ri.f-y and saga City and its oacijls Lermiess, from and against any..and all •claims, :liabilities, loses, and causes of action, which may arise out of bidder's peromance under'th.e pit/visions of the contract,.aneluding all acts or omissions :to act on the part of bidder, iacluds ag any'pexson performing under this ..Corttraact for or on bidder's behalf; provided that any such claims, liabilities, losses and causes of:such action ere not at ndu sb1e .tothe negligeno or misconduct of the City and, from and against any orde.m judgments oz decrees wrbioh may Ise entered and which may result from this Contract, unless attribute:lbT, to the negligence or misconduct of the City, and :from and against all costs, atiomeys' fees, expenses 'and liabilities incurred in the defense of any such eit 1, n; orthe investigation thereof. The. bidder shall furnish to City ofMiami, clo.Purchasing Departnent, 4.455cf2ndkverba;6thF1oax,Miami, Florida 2,31.30, Certificate(s) of Insurance lybich indicate that insurance coverage has been *tined: Which meets the regzu.emeata as outlined below: Paga.32 of42 Invitation for Bid .(17B) 4$7$15 2.22.1. Garage Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each OccUrrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Product/Completed Operations $ 1,000,000 Personal and Advertising Injury : 1,000,000 B, Endorsements Required City of lvliandi included as an Additional Insured Waiver of Subrogation Autombbflethbflity A, Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Bired, Borrowed or Non -Owned Autos Any One Accident 1,000,000 ,Endorsements Required City of Miami included as an Additioaal Insured 2.22.3. Worker's Compensation A. Limit of Liability B, Statutory -State dB:arida C, 'Waiver of subrogation. 2,22A, Employer'sLiiity A, Lirnits of Liability 14. $100,000 for bodily injury caused by an accid.ent, each accident, 0. $100,000 for bodily injuv 'caused by disease., each employee. D, $500,000 each aocideM, disease -each. employee, 'disease volley limit 2,22.5. Garage Ke9ers Legal Liability A. :Limits of Lia:bility $ 2,000,000 B, Coverage Written on a Legal Liability Basis., Primary 'C, Deduc.tillea D. Comprehensive Each Auto $11, 000/S2,500 Max E. Collision or LipsettEadh Auto $1,000/$3,000' Max Page 3$ of 42 2;22,6, umbrella Polley A. Limits of Liability B. Bodily Injury .anti Property Damage Liability C. Each Occurrence D, Aggregate $ 5,000,000 $ 5,000,000 Invitation for Bid (tkB) 437315 Covapacies authoriae.d to do business in the State of Florida with the folloWirig qualifications, shall issue all insurance Policies required above, The company must be rated no loss than "A" as to /vtaliantzient, and to loss than ":Class V1' as to Financial Strength by the .latest edition of Best Insurance Guide, published.by A.M. Best Company, Oldwick, New Jersey, or its equivalent, All policies and/or certificates of insurance are subject to review and verification by Risk Management prior ta.insurance approval. _ .. .,_ ._ Companies shall provide 'written notice to theCiiyy's Department of.0.isk Management ofanymaterial change, cancellation and/or notice oi~non-renewal of the- insurance within 30 .days of the change. Certificates will indicate no modification or change in insurance. shall be made without thirty (30) days written advance notioe to the oertificate•holder, NOTE: CITY BID NOW. AND/OR /OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not -relieve the bidder of his liability and•obligation under this section .or -under any other section of this Agreement --if insurance certificates ars scheduled to expire daring the contractual period, the Bidder shall be responsible for submitting ce.w or renewed insurance certificates to the City at a minimum of ten (10) Calendar days in advance of such expiration. --Di the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the -City shall: a. Suspend the contract until such tixno as he new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid, b. The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General Terms and Conditions of the Bid. The Bidder shall be responsible fot assuring thattho login certificates :required in .conjunction with this 'Section remain in force for the duration, of the contractual period; including any and all option terms that may be granted to the Bidder, A ' ' CERTIFICATE OF LIABILITY INSURANCE PETER-1 OP ID: C1 DATE (MMPDO/YYYY) 01/07/2014 THIS CERTIFICATE IS ISSUED' AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER South Pointe Insurance Svcs 3660 Erindale-Dr. Vairico, FL 33596 Mike Smolen.. INSURED Peterson's Harley-Davidson of Miami, LLC Peterson's Harley-Davidson South,LLC 19400 NW 2nd Ave. Miami, FL 33169 CONTACT NAM£:.-_....__...............__..„.-__.___..._..__....._...._...........,.......,-...._—_.___�...M_....___............- PHONE 7 FAX E¢MAILNo. Ex._...._._—........,.._............._.._...._..__._,..ikg,Noj:- __..-..__._.__..__._. ADDRESS: • INSURERS AFFORDING COVERAGE NA1C dl INSURER A:CorePointe Insurance Co. 10499- INSURER S:Torus SpeciaityinsuranceCo._..-.----, �...:_.._._44j76 INSURER C : FUBA 15105 INSURER 0: INSURER E INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS INDICATED..':_NOTWITHSTANDING CERTIFICATE EXCLUSIONS TO CERTIFY THAT THE POLICIES OF INSURANCE ANY REQUIREMENT, MAY BE ISSUED OR MAY PERTAIN, AND CONDITIONS OF SUCH POLICIES. l'PE OF INSURANCE • ADTSL %UBRI— - INSR 'WVD LISTED BELOW HAVE BEEN TERM OR CONDITION OF ANY THE INSURANCE AFFORDED BY LIMITS SHOWN MAY HAVE BEEN ISSUED TO CONTRACT THE POLICIES REDUCED BY ; PWDD)YVFF :IMWDE/YYYY) THE INSURED NAMED .ABOVE FOR THE POLICY PERIOD OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, PAID CLAIMS. POLICY EXP -'M' LIMITS IMMIDONYYY) I lNSR LTR - I POLICY NUMBER A GENERAL X LIABILITY I COMMERCIALGENERAL LIABILITY ' ? L.X.I . i OCCUR I '� I I i I 1XAIa0000001 1 11/01/2013 I I 3 I €i ' 1 � 1EACH OCCURRENCE 11/01/2014 € PREMIGES(Es ccc-u ence) I MED EXP /Any one person) I PERSONAL 5 ADV INJURY ........._ GENERAL AGGREGATE 1$ 1,000.,000 $ • -_ .__�_..__- ) `CLAIMS -MADE - L $ GEN'L I- _ __,.._....,.._..._..------.._._ .............._...... APPLIES PER: i � `. i LOa , $2,._---.'__ 000,000 AGGREGATE LIMIT a., E PRO- POLICY I . I JFCT ;PRODUCTS - COMP/OPAGG _...,._..._._.._.__...__.... $ __ _..�...�._...._ $ A AUTOMOBILE LIABILITY I ANY AUTO j ALLOWNED. X < AUTOS ........_ X I HIRED AUTOS ...—....� X 1$10,000PIP X J. t , ; t !XAG0000001 I 11/0112013 # SCHEDULED < ) _AUTOS NON -OWNED i AUTOS ( ` tT...._.._...:....__..,...,..........._.._._._ [ ! COMBINED SINGLE LIMIT lip accident). 11/01/20141 BODILY INJURY (Per person) _ ...._.. BODILY INJURY (Per accident) ;_.ROPERT-.....____......._............ 1 PROPERTY DAMAGE I 1,000 000 $ —__.,.. _..r.._._..... .__..._._ $. ....�_............. $ i $ I 1 UMBRELLALIAB X I EXCESSLJAE --1---, 1 DED I 1 RETENTION$ X I OCCUR' a I CLAIMS -MADE€ ' _ 0 I j- 134243B132AL1 11/01/2013 •EACH OCCURRENCE 11/01/2014 AGGREGATE I $. 10,000,000 $ 10,000,000 I. $ C WORKERS COMPENSATION f ± AND EMPLOYERS' LIABILITY Y J N i. ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EMBER EXCLUDED? N I A (Mandatory in NH) 1 If yea, describe under DESCRIPTION OF OPERATIONS below ( €. ? I f - i$1226 01101/20'14 I- i WC STATU- I OTH X ITQRY,L„It,jt_T. 01101/201$ E.L.EACHACCiDENT ,___ , E.L. DISEASE EAMPLOYE _ EMPLOYE 1 E.L. DISEASE - POLICY LIMIT ! : $ 500,000 . _ ._........ _.._.--_._ $ 500,000 1 $ 500,000 A Garage Liability X 1XAG0000001 1 11/01/2013 11101/2014 'Per Occur 1,000,000 iAggregate 3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach AGGRO 101, Additional Remarks Schedule, If nioie space is required) •. Certificate holder is listed as addtional insured. Products -Completed Operations Aggregate of $3,000,000 applies to the Garage Liability. Excess Liability follows form as per State Requirement. 30 day cancellation notice applies except for non-payment of premium. CERTIFICATE HOLDER CANCELLATION CITYMIA City of Miami 444 SW 2nd Ave. 9th Floor Miami, FL 33130 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD dame and logo are registered marks of ACORD Detail by Entity Name Page 1 of 2 RI DEPARTMENT QSTATE i ION F C. O ."Ih Detail by Entity Name Florida Limited Liability Company PETERSON'S HeRl wD 'V' DSON MIAMI, L.L.C.� � �iwvi� v � �� a�L 1 -vr�v IVVV V OFINlIr'1 NI1, LLV Filing Information Document Number L93000000205 FEI/EIN Number 650418864 Date Filed 06/29/1993 State `` FL Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 10/26/2007 Event Effective Date NONE Principal Address 19400 N.W. 2ND AVENUE MIAMI, FL 33169 Changed: 04/25/1996 Mailing Address 19400 N.W. 2ND AVENUE MIAMI, FL 33169 Changed: 04/25/1996 Registered Agent Name & Address PETERSON, DIRK M 19400 N.W. 2ND AVENUE MIAMI, FL 33169 Name Changed: 03/01/2000 Address Changed: 04/25/1996 Authorized Person(s) Detail Name & Address Document Number 297433 Title MGR PETERSON, DIRK M http://search.sunbiz.org/Inquiry/Corporati.onSearch/SearchResultDetail/EntityName/flat-19... 8/1 1 /2014 Detail by Entity Name Page 2 of 2 19400 N.W. 2ND AVE. MIAMI` FL 33169 Annual Reports Report Year 2012 2013 2014 Document I 02/03/2014 - 01/29/2013 - 03/21/2012 - 01/15/2011 - 02/26/2010 - 03/26/2009 - 04/09/2008 - 10/26/2007 - 04/17/2007 - 02/16/2007 - 04/14/2006 - 01/14/2005 - 01 /16/2004 - 04/12/2003 - 04/03/2002 - 11/15/2001 - 04/09/2001 - 03/01 /2000 - 03/04/1999 - 03/30/1998 - 04/23/1997 - mages - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT -ANNUALREPORT - ANNUAL REPORT - ANNUAL REPORT - LC Name Change - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT -ANNUALREPORT -ANNUALREPORT - Name Change - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT - ANNUAL REPORT Filed Date 03/21/2012 '01/29/2013 02/03/2014 View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format View image in PDF format Copyright © and Privacy Policies State of Florida, Department of State http://search. sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail/EntityName/flal-.19... 8/11/2014 Item 1 2 Description Make: Harley-Davidson Model: FLHP 2014 Number of Leasing Motorcycles Year: QTY UNITS U/M 28 Each First Two -Year Lease Without Maintenance 28 Month Second Two -Year Lease Without Maintenance 3 Total Cost All Years Without Maintenance 4 Total Cost All Years Without Maintenance Item 28 Month TABULATION SHEET LEASING TRAFFIC LAW ENFORCEMENT MOTORCYCLES BID No. 437315 Peterson's Harley-Davidson of Miami, LLC 19400 NW 2 Ave., Miami, FL 33169 Non-Minority/Non-Local Lease Monthly Price W/O Maintenance (Per Unit) $500.00 Total Lease Price W/O Maintenance (ALL UNITS) $14,000.00 ($500 X 28 Units) $500.00 $14,000.00 ($500 X 28 Units) Per Unit $24,000.00 ($500 X 48 Months) All Units $672,000.00 ($24 000 X 28 Units ..,,....,..Ss .,.,,.,...,ra l Lease Monthly Price With QTY U/M Maintenance (Per Unit) 5 First Two -Year Lease With Maintenance 28 Month $500.00 6 Second Two -Year Lease With Maintenance 28 Month $500.00 7 Total Cost All Years With Maintenance 8 Total Cost All Years With Maintenance Item TRANSPORTATION CHARGES Description (3 U/M 9 Transportation Charges- Pick-up & Delivery Per Motorcycle 1 Each BUY-BACK AGREEMENT Item Description QTY U/M City of Miami has the option to purchase 10 each motorcycle after the completion of the contract lease 1 Each Prepared By: Terry Byrnes, CPPB 8/7/14 Per Unit All Units Total Lease Price With Maintenance (ALL UNITS) $14,000.00 ($500 X 28 Units) $14,000.00 ($500 X 28 Units) $24,000.00 ($500 X 48 Months) $672,000.00 $24 000 X 28 Units) Transportation Unit Price Transportation Extended Price No Cost No Cost Buy -Back Extended Price $15,000.00 $15,000.00 Buy -Back Unit Price De.•rt -ntD'e•oro esignee City of Miami Invitation for Bid (IFB) Purchasing Department Miami Riverside Center 444 SW 2^d Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement IFB Number: Title: Issue Date/Time: IFB Closing Date/Time: Pre -Bid Conference: Pre -Bid Date/Time: Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 437315 IFB for Leasing of Traffic Law Enforcement Motorcycles for City of Miami Police 22-JUL-2014 06-AUG-2014 @ 13:00:00 Monday, July 28, 2014 at 3:00 PM Byrnes, Terry City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US TByrnes@miamigov.com (305)400-5230 Page 1 of 42 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed. Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errorsin extension of totals, the unit prices shall govern in determining the quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: SUPPLIER NAME • ADDRESS • PHONE: FAX: EMAIL: BEEPER. SIGNED BY. TITLE: DATE' FAILURE TO COMPLETE. SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page 2 of 42 Certifications Legal Name of Firm: Entity Type: Partnership; Sole Proprietorship, Corporation, etc. Address, City, State, Zip, Phone: Office Location: City of Miami, Miami -Dade County, or Other Qccupational License Number: Occupational License Issuing Agency: Occupational License Expiration Date: Will Subcontractor(s) be used? (Yes or No) If subcontractor(s) will be utilized, provide their name, address and the the portion of the work they will be responsible for under this contract (a copy of their license(s) must be submitted with your bid response): Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Reference No. 1: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 1: Address, City, State, and Zip for above reference company/agency listed: Page 3 of 42 Reference No. 1: Name of Contact Person and Telephone Number for above reference no. 1 Reference No. 1: Date of Contract or Sale for above reference no. 1 Reference No. 2: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 2: Address, City, State, and Zip for above reference company/agency listed: Reference No. 2: Name of Contact Person and Telephone Number for above reference no. 2 Reference No. 2: Date of Contract or Sale for above reference no. 2 Reference No. 3: Name of Company/Agency for which bidder is currently providing the services/goods as described in this solicitation, or has provided such services/goods in the past: Reference No. 3: Address, City, State, and Zip for above reference company/agency listed: Reference No. 3: Name of Contact Person and Telephone Number for above reference no. 3 Reference No. 3: Date of Contract or Sale for above reference no. 3 Delivery/Availability: Indicate the Number of Calendar Days Required to Furnish the Motorcycles: Page 4 of 42 Line: 1 Description: Two Year Lease for Each Traffic Law Enforcement Motorcycle by General Services Administration for City of Miami Police Department (without Full Maintenance) Category: 97550-00 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Line: 2 Number of Units: 28 Total: $ Description: Two Additional Year Lease for Each Traffic Law Enforcement Motorcycle by General Services Administration for City of Miami Police Department (without Full Maintenance) Category: 07156-00 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Line: 3 Number of Units: 28 Total: $ Description: Two Year Lease for Each Traffic Law Enforcement Motorcycle by General Services Administration for City of Miami Police Department (with Full Maintenance) Category: 07012-00 Unit of Measure: Each Unit Price: $ Manufacturer Model Number Number of Units: 28 Total: $ Page 5 of 42 Line: 4 Description: Two Additional Year Lease for Each Traffic Law Enforcement Motorcycle by General Services Administration for City of Miami Police Department (with Full Maintenance) Category: 98156-00 Unit of Measure: Each Unit Price: $ Number of Units: 28 Total: $ Manufacturer Model Number Description: Buy Back Agreement Amount for Each Traffic Law Enforcement Motorcycle by General Services Administration for City of Miami Police Department at Completion of Contract Period Category: 07156-00 Unit of Measure: Each Unit Price: $ Line: 6 Number of Units: 28 Total: $ Description: Transportation Charges: Pick -Up and Delivery of Motorcycle(s) As Needed Category: 98156-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ Page 6 of 42 Invitation for Bid (IFB) 437315 Table of Contents Terms and Conditions 8 1. General Conditions 8 1.1. GENERAL TERMS AND CONDITIONS 8 2. Special Conditions 28 2.1. PURPOSE 28 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL = INFORMATION/CLARIFICATION 28 2.3. TERM OF CONTRACT 28- 2.4. CONDITIONS FOR RENEWAL 28 2.5. NON -APPROPRIATION OF FUNDS 28-_ _ 2.6 METHOD OF -AWARD 28 - - 2.7. BIDDER'S MINIMUM QUALIFICATIONS 29 2.8. DELIVERY REQUIREMENTS 29 2.9. TRANSPORT/PROOF OF DELIVERY/DELIVERY TICKET PAPERWORK TO ACCOMPANY MOTORCYCLES DURING DELIVERY 30 2.10. ACCEPTANCE 30 2.11. SUCCESSFUL BIDDER LEASING AGREEMENT 30 2.12. ADDITIONAL LEASING OF MOTORCYCLES OR ADDITIONAL PARTS OR ACCESSORIES REQUIRED 30 2.13. FACTORY DEFECTS 31 2.14. SERVICE AND FACILITIES 31 2.15. PARTS AND ACCESSORIES 31 2.16. DEMONSTRATIONS AND CONTRACT ADMINISTRATOR 31 2.17. THIRD PARTY LEASING AGREEMENT 31 2.18. FAILURE TO PERFORM 32 2.19. EQUAL PRODUCT 32 2.20. PAYMENT TO THIRD PARTY 32 2.21. MISCELLANEOUS FEES 32 2.22. INSURANCE REQUIREMENTS 32 2.23. TIE -BIDS 34 2.24. WARRANTY BY MANUFACTURER 35 2.25. WARRANTY OF PARTS 35 2.26. WARRANTIES OF MILEAGE 35 2.27. WARRANTY FAILURE BY DEALER/SUCCESSFUL BIDDER 35 2.28. WARRANTY, FITNESS FOR PURPOSE 36 2.29. REFERENCES 36 2.30. SPECIFICATION EXCEPTIONS 36 2.31. MAINTENANCE AGREEMENT 36 2.32. TERMINATION 36 2.33. ADDITIONAL TERMS AND CONDITIONS 37 3. Specifications 38 3.1. SPECIFICATIONS/SCOPE OF WORK 38 Page 7 of 42 Invitation for Bid (IFB) 437315 Terms and Conditions 1 General Conditions 1,1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is deemed as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be_defined in -the -same manner herein. __.._.--.. • _ li. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is mad; and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be - fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its discretion, re -issue this formal solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.ci.miami.fl.us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent. 1.7. ATTORNEY'S FEES - In connection with any litigation, mediation and arbitration arising out of this Contract, each party shall bear their own attorney's fees through and including appellate litigation and any post -judgment Page 8 of 42 Invitation for Bid (1FB) 437315 proceedings. 18. AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in theimmediate cancellation of this contract by the City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, pot -for -profit or quasi -governmental entity which uses this formal solicitation and_resulting contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required bythe successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer' s Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder's/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. Page 9 of 42 Invitation for Bid (IFB) 437315 G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. - - II. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests. Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed by a recognized surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any_and all surety tendered to the City. Bid -deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the . formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - Hand wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples niust be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perfoinu the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable Page 10 of 42 Invitation for Bid (IFB) 437315 for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, ° or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action. - Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City .will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. 1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that contracts between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor agree to comply with and observe all -_applicable laws, codes and ordinances as that may in any way affect the goods or equipment offered, -including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Unifoini Commercial Code (Florida Statutes, Chapter 672). F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or 1FBs (bids) between, among others: Page 11 of 42 Invitation for Bid (IFB) 437315 Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including, but not limited to, the City Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections,' pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made e to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 22. of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy with the Office of the City Clerk, which shall be made available to any person upon request. Written communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18-74 of the City of Miami Code for further clarification. This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any Page 12 of 42 Invitation for Bid (1FB) 437315 board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is -not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved with the preparation and submission _ __ of Responses to the City, .or anywork performed in connection -.therewith -shall_be_borne by the Bidder(s)/Proposer(s). 1`.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: (1) Conviction for commission of a criminal offense incident to obtaining or attempting to obtain a public or private Contract or subcontract, or incident to the performance of such Contract or subcontract. (2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debairuent or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which Page 13 of 42 Invitation for Bid (IFB) 437315 the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the - violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. -1:26. DEBARRED/SUSPENDED VENDORS —An entityor affihate .who has been placed ontheState of Florida -- - debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperfoiivance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to ensure timely completion. D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as nonconforming with the terms of the Contract. E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work in accordance with and as required by the Contract. F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on Page 14 of 42 Invitation for Bid (IFB) 437315 this Contract. 1.28. DETERMINATION_ OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DaPMTG TERM OF CONTRACT - Dis count Prices offe _GLLin the response - shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the: original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 130. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal - Soiicitation_or addenda-(ifany)-should be reported in :writing.to the_City s Purchasing Department .Should it be - found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the - purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within the scope of this formal solicitation at the price contained within vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities at the prices bid/proposed or at lower prices in this Formal Solicitation. 1.34. EVALUATION OF RESPONSES Page 15 of 42 Invitation. for Bid (IFB) 437315 A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response .does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City.. 2) A contract may not be awarded to any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices hi the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the specifications shall be listed on the Response and shall reference the section. Any exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for. a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. Page 16 of 42 Invitation for Bid (IFB) 437315 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices - will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional. minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January 1st. At the time of responding, it is bidder/proposer. and. his/her subcontractor(s), .if applicable, fullresponsibility to determine whetherany of its employees may be impacted -by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its - prices throughout the term of contract and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.39. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.40. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (I1HI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City of Miami Privacy Standards. HIPAA mandates for privacy, security and electronic transfer standards, which include but are not limited to: A. Use of information only for performing services required by the contract or as required by law; B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. Page 17 of 42 Invitation for Bid (IFB) 437315 PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.42 INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomey's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent. These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any -insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from time to time as applicable. Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.43. FORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.44. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation. Contractor 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 the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time. 1.45. INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation will not be made available until such time as the City provides notice of a decision or intended decision or within 30 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via Page 18 of 42 Invitation for Bid (IFB) 437315 fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's Web Site following recommendation for award: 1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Depaituient, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase. Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be indefault of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk-Administrator,-Depaitment of Risk Management, at 444 SW end Avenue, 9thFloor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and all option terms that may be granted to the Bidder/Proposer. 1.47. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act). 1.48. LOCAL PREFERENCE A. City Code Section 18-85, states, "when a responsive, responsible non -local bidder submits the lowest bid price, and the bid submitted by one or more responsive, responsible local bidders who maintain a local office, as defined in Section 18-73, is within fifteen percent (15%) of the price submitted by the non -local bidder, then that non -local bidder and each of the aforementioned responsive, responsible local bidders shall have the opportunity to submit a best and final bid equal to or lower than the amount of the low bid previously submitted by the non -local bidder. Contract award shall be made to the lowest responsive, responsible bidder submitting the lowest best and final bid. In the case of a tie in the best and final bid between a local bidder and a non -local bidder, contract award shall be made to the local bidder." B. City Code Section 18-86, states, "the RFP, RFLI or RFQ, as applicable, may, in the exercise of the reasonable professional discretion of the City Manager, director of the using agency, and the Chief Procurement Officer, include a five (5%) percent evaluation criterion in favor of proposers who maintain a local office, as defined in Section 18-73, In such cases, this five (5%) percent evaluation criterion in favor of proposers who maintain a local office will be specifically defined in the RFP, RFLI or RFQ, as applicable; otherwise, it will not apply. 1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement, for which the bidder/proposer must bear fall liability. 1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through Page 19 of 42 Invitation for Bid (FIB) 437315 the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.51. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.52. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense. These non -conforming items not delivered as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default in which event any and all re -procurement costs may be charged against the defaulted contractor. Any violation of these stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list. 1.53. NONDISCRIMINATION—Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion, national origin, marital status, or disability in connection with its performance under this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.54. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.55. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.56. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture Page 20 of 42 Invitation for Bid (IFB) 437315 Will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.57. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, records, files, or any other matter whatsoever which is given by the City to the successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 138 PARTIAL INVAT IDITY If r C t �_t._ t _ r any _ ^ , ,,.,� , = If any provision of this Contract or the application thereof o person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.59. PERFORMANCE/PAYMENT BOND —A Contractor may be required to famish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract -price. 1.60. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address, and telephone number on the face page and on each continuation sheet thereof on which he/she makes an entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" coh,mn for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, 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 the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACIIMENTS MUST BE RETURNED TO THE CITY Page 21 of 42 Invitation for Bid (IFB) 437315 OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 161. PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.62. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements 1.63. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor 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 Contract 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 Contract. 1.64. PROMPT PAYMENT=Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. Price discounts off the original prices quoted on the Price Sheet will be accepted from successful bidders/proposers during the term of the contract. 1.65. PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami. Such property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.66. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.67. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses 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 in excess of the threshold amount provided in Section Page 22 of 42 Invitation for Bid (]FB) 437315 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.68. PUBLIC RECORDS - Contractor 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 City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the. public to all documents subject to disclosure under applicable law. Contractor shall additionally comply with the provisions of Section 119.0701, Florida Statutes, entitled "Contracts; public records". Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.69. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. __ 1.70. Q.UALITY..ORWORK/SERVICES -_The..work/services performed Must .be_of the highest quality and_ . _ workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.71. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. 1.72. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be fmal and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.73. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (Sec. 18-104) (a) Right to protest. The following procedures shall be used for resolution of protested solicitations and awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Page 23 of 42 Invitation for Bid (IFB) 437315 Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. is A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If `various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the -buyer for that solicitation to obtain the suppliers name It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice;; or it Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is based, and shall include all pertinent documents and evidence and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included finless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by the city attorney and the City Manager. Page 24 of 42 Invitation for Bid (IFB) 437315 (c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the. Chief Procurement - Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in this section (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resoived by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (i) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's checkpayable_to the city- in an amount equal to one percent of the amount of the Bid or proposed Contract, .or_ .. _ $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.74. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30_ days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.75. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.76. SERVICE AND WARRANTY —When specified, the bidder/proposer shall defme all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.77. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.78. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, Page 25 of 42 Invitation for Bid (IFB) 437315 RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the requisite Response Forms may be rejected. Hardcopy responses received at any other location than the specified shall be deemed non -responsive. Directions to City Hall: :FROM THE NORTH: I-95 SOUTH UNTIL IT TURNS INTO US1. US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, .1 BLOCK TURN RIGHT. ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. ai3. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A. 1.79. 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. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.80. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. Page 26 of 42 Invitation for Bid (IFB) 437315 B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.81. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer 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 goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.82. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if delivery is not made within the time(s) specified on their Response. Deliveries are to be made during regular City business hours unless otherwise specified: in the Special Conditions. 1.83. TITLE. - Title to the goods or equipment shall not pass to the City until after the City has accepted the goods/equipment or used the goods, whichever comes first. 1.84.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE.- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attomey's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim. 1.85. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.86. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.87. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Page 27 of42 Invitation for Bid (IFB) 437315 2._ Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for leasing of up to twenty-eight (28), brand new, certified traffic law enforcement motorcycles, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later - than-Monday,-July28,-2014 at-3:00 PM. -All responses to questions will -be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. TERM OF CONTRACT The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with the option to extend for one (1) additional two (2) year period, subject to the availability of funds for succeeding fiscal years. Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.4. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: a) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. b) Availability of funds In the event the Successful Bidder 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 authorized dealer may be found to be in default. 2.5. NON -APPROPRIATION OF FUNDS In 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 Successful Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense. No guarantee, warranty or representation is made that any particular project(s) will be awarded to any finn(s). 2.6. METHOD OF AWARD Page 28 of 42 Invitation for Bid (IFB) 437315 Award will be made to the lowest responsive and responsible bidder, whose base lease price bid, when combined with any of the below options selected by the City represents the lowest total leasing cost, on an item by item, a combination of items or a total of all items basis, whichever is in the best interest of the City for up to twenty-eight (28) police motorcycles: 1) With and Without the Maintenance Cost for Two Years; 2) With and Without the Maintenance Cost for Two Additional Years; 3) Transportation of Motorcycles to/from Dealer for Repairs/Maintenance as necessary and 4) Buy Back Cost upon Completion of Contract Period. 2.7. BIDDER'S MINIMUM QUALIFICATIONS a) Bids will be considered only from firms that are authorized dealers and are regularly engaged in the business - of providing goods and services as described in this Bid; that have.a record of performance fora reasonable period .._ of time; and that have. sufficient financial support, equipment and organization to insure that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein stated. b) Not 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 surety otherwise, upon any obligation to the City, and/or has failed to perform faithfully on any previous contract with the City. c) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt. The term "equipment and organization" as used herein shall be construed to mean a fully equipped and well established industry as determined by the City of Miami, Florida. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.8. DELIVERY REQUIREMENTS Bidders shall state in the space provided on the Bid Information Form the munber of workdays for delivery after receipt of a purchase order. All motorcycles ordered prior to manufacturer's close of production and in accordance with the bid 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. Successful Bidder shall place order with the manufacturer within six (6) workdays after receipt of the City's purchase order. Successful Bidder shall complete delivery to user department within twelve (12) workdays after receipt of motorcycle from manufacturer. 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 an 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. Successful Bidder 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 Page 29 of 42 Invitation for Bid (IFB) 437315 workdays of Monday thru Friday, excluding weekends and City holidays. 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. Delivery Point: General Services Administration Fleet Management Division Attention. John F.Babos, Jr. / Carlos F. Pau 1390 NvJ 20 Street Miami, FL 33142 2.9. TRANSPORT/PROOF OF DELIVERY/DELIVERY TICKET PAPERWORK TO ACCOMPANY MOTORCYCLES DURING DELIVERY The Successful Bidder shall submit any and all transport/proof bf delivery/delivery ticket paperwork -with the - motorcycles delivered in conjunction with this bid solicitation. A copy transport/proof of deliver/delivery ticket paperwork shall be made available to the City's authorized representative during delivery containing, at a minimum, the following- information: purchase order number; date of order; a complete description (i.e. year/model/vehicle identification number, etc.) of the motorcycle being delivered. 2.10. 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 motorcycle, in which case the motorcycle(s) shall remain the property of the Successful Bidder, and the City shall not be liable for payment for any portion thereof. 2.11. SUCCESSFUL BIDDER LEASING AGREEMENT Bidder's must submit a copy of its Dealer Lease with its' bid for legal review by the Office of the City Attorney. If Successful Bidder's leasing terms and conditions are deemed not to be in the best interest of the City of Miami and Successful Bidder is unable to come to agreeable terms with. the City, the City will reserve the right to reject the bid and make award to the next lowest responsive and responsible bidder whose lease is most advantageous and in the best interest of the City. 2.12. ADDITIONAL LEASING OF MOTORCYCLES OR ADDITIONAL PARTS OR ACCESSORIES REQUIRED Although this Solicitation identifies a specific amount of motorcycles to be leased and delivered in the Price Lines Section, it is hereby agreed and understood that General Services Administration (GSA) may add additional leased motorcycles to this contract at the option of the City under the same terms, conditions, and prices by Successful Page 30 of 42 Invitation for Bid (IFB) 437315 Bidder. When additional parts or accessories to the contract are required, the Successful Bidder under this contract shall be invited to submit a price quote. If the quote is comparable with prices offered by other authorized dealer(s) based on market research for the same parts or accessories, the award(s) shall be made to the Successful Bidder and a separate purchase order shall be issued by the City. 2.13. FACTORY DEFECTS All material specified hereafter shall be fully guaranteed by the Successful 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 Successful Bidder at no expense to the City. 2.14. SERVICE AND FACILITIES The Successful Bidder -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 Successful Bidder. 2.15. PARTS AND ACCESSORIES All parts and accessories installed and used on the motorcycles shall be unused, and or new (of current design or manufacture). Salvage materials will not be allowed. All parts and accessories shall be of the highest quality and installed in a manner to ensure safe and functional operation. 2.16. DEMONSTRATIONS AND CONTRACT ADMINISTRATOR Upon issuance of contract award, Successful Bidder shall report and work directly with John Babos, Fleet Superintendant. Successful Bidder may be called upon to demonstrate the motorcycles offered. Such demonstration and inspection shall be by arrangement with Contract Administrator. 2.17. THIRD PARTY LEASING AGREEMENT The City, at the request of the Successful 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 Successful 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. If bidder requires a third party lease, bidder must submit a copy of its third party lease with its' Bid for review by the Office of the City Attorney. If the authorized dealer and its' third party leasing terms and conditions are deemed not to be in the best interest of the City of Miami and the authorized dealer and third party are unable to come to agreeable terms with the City, the City will reserve the right to reject the bid and make award to the next lowest responsive and responsible bidder whose lease is most advantageous and in the best interest of the City. Page 31 of 42 Invitation for Bid (IFB) 437315 2.18. FAILURE TO PERFORM Should it not be possible to reach the Successful Bidder or authorized representative and/or should remedial action not be immediately taken on any failure to perform according to specifications, the City reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in the contract payment. 2.19. EQUAL PRODUCT Manufacturer's name, brand name and model/style number when used in these specifications are for the sole propose of establishing minimum requirements of levels of quality, standards of performance and design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be equal in quality, standards of performance, design, etc., to item specified, unless otherwise indicated. Where equal is proposed, bid must be accompanied by completefactory information (specifications, brochures, etc.) and test results of unit bid as - e.qual. Failure to do so at time of bid may deem your bid non -responsive. 2.20. 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. 2.21. 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 motorcycles. Lessor agrees to waive all charges with respect to freight and Dealer Prep of the motorcycles. 2.22. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Depai linent, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: Page 32 of 42 Invitation for Bid (IFB) 437315 2.22.1. Garage Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $ 1,000,000 General Aggregate Limit $ 2,000,000 Products/Completed Operations $ 1,000,000 Personal and Advertising Injury $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Waiver of Subrogation 222.2. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured 2.22.3. Worker's Compensation A. Limits of Liability B. Statutory -State of Florida C. Waiver of subrogation 2.22.4. Employer's Liability A. Limits of Liability B. $100,000 for bodily injury caused by an accident, each accident. C. $100,000 for bodily injury caused by disease, each employee D. $500,000 each accident, disease -each employee, disease policy limit 2.22.5. Garage Keepers Legal Liability A. Limits of Liability $ 2,000,000 B. Coverage written on a Legal Liability Basis, Primary C. Deductibles D. Comprehensive Each Auto $1,000/$2,500 Max E. Collision or Upset Each Auto $1,000/$5,000 Max Page 33 of 42 Invitation for Bid (IFB) 437315 222.6. Umbrella Policy A. Limits of Liability B. Bodily Injury and Property Damage Liability C. Each Occurrence $ 5,000,000 D. Aggregate $ 5,000,000 Companies authorized to do business in the State of Florida with the following qualifications, shall issue all insurance Policiesrequired above. The company must be rated no loss than "A" as to Management, and no less than "Class V" as to Financial Strength by the latest edition of Best Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by Risk Management prior to insurance _approval. Companies shall provide written notice to the City's Department of Risk Management of any material change, cancellation and/or notice.of non -renewal of the insurance within 30 days of the change. Certificates will indicate no modification or change in insurance shall be made without thirty (30) days written advance notice to the certificate holder. NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: a. Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescibbed-in the Invitation To Bid. b. The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General Terms and Conditions of the Bid. The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. 2.23. TIE -BIDS Whenever two or more Bids which are equal with respect to price, quality and service are received by the City/Bayfront Park Management Trust for the procurement of commodities or contractual services, a Bid received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Bids will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: Page 34 of 42 Invitation for Bid (IFB) 437315 (1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or Ilse of a controlled substance is prohibited in the workplace and specifying the action that will be taken against employees for violations of such prohibition; (2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations; (3) Give each employee engaged in providing the commodities or contractual services that are under Bid a copy of the statement specified in subsection (1); (4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Bid, the employee will abide by the terms of the statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction; (5)-Impose a sanction on, or -require the satisfactory participation in a drug abuse assistance or rehabilitation - program, if such is available in the employee's community, by any employee who is so convicted and (6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. ` 2.24. WARRANTY BY MANUFACTURER A copy of the manufacturer's standard warranty must be submitted with bids. Failure to comply with this provision may disqualify bids. 2.25. WARRANTY OF PARTS Successful Bidder warrants the parts to be free from defects in material and workmanship. The Successful Bidder's obligation is limited to finishing, on an exchange basis, replacements for parts which have been promptly reported by the City as having been defective. 2.26. WARRANTIES OF MILEAGE The authorized dealer 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 twenty four (24) months, or unlimited miles of operation, whichever occurs first. However, if the authorized dealer 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 authorized dealer 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 awarded authorized dealer. Awarded authorized dealer will be advised of the date motorcycles are placed in service. 2.27. WARRANTY FAILURE BY DEALER/SUCCESSFUL BIDDER 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 Page 35 of 42 Invitation for Bid (IFB) 437315 from the City's bidders' list until satisfactory evidence of correction is presented to the City's Purchasing Department. 2.28. WARRANTY, FITNESS FOR PURPOSE The Successful Bidder warrants items supplied under this contract conform to specifications herein and are fit for the purpose for which such goods are ordinarily employed; except, if stated in a Special Condition, the item must be fit for that particular purpose. The Successful Bidder and the City agree that orders under this contract do not exclude, or in any way limit, other warranties, provided in this agreement br by law. 2.29. REFERENCES Each Bid must .be accompanied by the list of three references as reflected in the Header/Attributes Section of this S. olicrtatki , which shall include the name of the company, dates of contract, description of goods supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST. 2.30. 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 Solicitation closing date of any change in the manufacturer's specifications which conflict with these Specifications. For hard copy Bid submittals, Bidders must explain any deviation from the Specifications in writing as a footnote on the applicable Specification page and enclose a copy of the manufacturer's specifications data detailing the changed item(s) with their submission. For electronic Bid submittals, said explanation must be includedin the Header/Attachments Section with an enclosed scanned copy of the manufacturer's specifications data detailing the changed item(s). Additionally, Bidders must indicate any options requiring the addition of other options, as well as those which are included as a part of another option. Failure of Bidders to comply with these provisions will result in Bidders being held responsible for all costs required to bring the item(s) in compliance with Contract Specifications. 2.31. MAINTENANCE AGREEMENT Bidder shall quote, where asked for, on the Price Lines Section, as part of the two (2) year lease rate, an all-inclusive price for a full service/parts maintenance agreement. This agreement will be accepted at the sole discretion of the City of Miami. The all-inclusive maintenance price shall include all parts/labor (including travel time) for the entire motorcycle lease under this bid. This optional agreement may be extended for one additional two (2) year period. 2.32. TERMINATION A. FOR DEFAULT If Successful Proposer defaults in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Page 36 of 42 Invitation for Bid (IFB) 437315 Successful Proposer was not in default or (2) the Successful Proposer's failure to perform is without its control, fault or negligence, or for that of its Sub -contractor's, the termination will be deemed to be a termination for convenience by the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so terminated for convenience by the City of Miami the Successful Proposer will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.33. ADDITIONAT TERMS AND CONDITIONS No additional tends 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 Solicitation. 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 Terms and Conditions in this Bid Solicitation are the only conditions applicable and that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to the same. Page 37 of 42 Invitation for Bid (IFB) 437315 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK It is the intent of these Specifications to describe the requirements for a two (2) year lease agreement with the option to renew for one additional two (2) year period between the City of Miami, General Services Administration and an Authorized Dealer/Successful Bidder capable of supplying approximately twenty-eight (28) current model production year, certified traffic law enforcement motorcycles to be used by the City of lvliami Department of Police (Harley Davidson or Approved Equal). All proposed motorcycles shall be of the current model production year, and in full compliance or approved equal to the following specifications: Model: FLHP Road King Solo Law Enforcement Motorcycles These specifications describe the mechanical and comfort requirements for the FLHP solo law enforcement motorcycles which will be used by the City of Miami Police Department. All proposed FLHP motorcycles to be in full compliance as follows: A. Engine Piston displacement of not less than 1690cc OHV Twin Cam 103® High Output Vibration Isolated V-Twin, air-cooled or twin -cooled, equipped with OE standard oil cooler, two cylinders with overhead valves and featuring EITMS (Engine Idle Temperature Management System), producing minimal vibration frequencies and magnitudes. Engine and transmission isolated from motorcycle frame utilizing a rubber mounting system. Powertrain deluxe chrome group designed for low maintenance; black powder coat finish on engine; chrome rocker boxes, timer cover, outer primary housing & transmission covers. Compression ratio: 9.7:1 Electronic Sequential Port Fuel Injection System (ESPFI) Chain Drive Twin Cams Hydraulic Lifters requiring no maintenance service adjustments B. Clutch / Transmission Clutch shall be of the latest multiple nine (9) plate design, wet. Cable Actuated Clutch system Transmission to be of latest design, manual type, with not less than six (6) forward speeds. Clutch disengage for starter motor operation Primary Drive, double -row chain, 34/46 ratio. Greaseless shifter shaft with "anti -vibration" rubber spacers. Gear Ratios: 1st 9.593 Page 38 of 42 Invitation for Bid (IFB) 437315 2d 6.650 3rd 4.938 44th 4.000 5th 3.407 6th 2.875 IC, ReflexTM Linked Braking with ABS, linking disengages below 25 mph Hydraulic Disc brakes for both front and rear wheels Front brakes having dual 11.81-inch diameter floating discs Rear brake having a single disc. Brakes shall be relatively -free of heat fade - -- Calipers-4 Piston Uniform Expanding Rear. Rotor D. Suspension Motorcycles shall be provided with a suspension system to permit optimum handling conditions as required in law enforcement. 49 mm telescopic front forks. Rear air -adjustable shocks. Rear suspension swing arm bearings shall require no lubrication for life of the motorcycle. E. Wheels / Tires Black ImpellerTM Cast Aluminum wheels, rim material to be impermeable to compressed air. Tubeless type tires to have non-skid tread, designed to operate on paved highways and shall have a full, four -ply fabric reinforcement. Bead -retention tires designed to remain on wheel during sudden loss of pressure. Sealed automotive style wheel bearings requiring no endplay adjustment and service interval of 100,000 miles (160,000 km). F. Fuel Tank Fuel tank to have a capacity of six (6) U.S. gallons (or 22.71 liters). Must provide a minimum of 1 gal (3.8 L) reserve fuel capacity when main supply is exhausted. Electric fuel pump. G. Electrical System Electrical system shall be nominal 12-volt as follows: Battery. Sealed, heavy-duty maintenance -free, 12-volt, minimum rated capacity — 28 ampere hours (Battery Council International rating), 270 cold cranking amps. Page 39 of 42 Invitation for Bid (IFB) 437315 Ignition. Non -waste spark, alpha control. Charging System. Three-phase, 50-amp high output alternator, solid state regulator. Connectors. Industrial grade throughout, provided with electrical accessory connection. Hand Controls. Water-resistant, integrated switches. Starting System. 12-volt starter, solenoid operated engagement, relay required. Horn. Sound level audible above motorcycle and traffic -generated noise. H. Lighting Each motorcycle shall be provided with the following lighting equipment: Dual Halogen Headlight Front Emergency Lamps PAR-36, one red and one blue (incandescent). Tail light:_: _ ..: Turn Signals, self -canceling system. Flashers, four-way, with independent switch. License plate lighting with two blue marker lamps. Rear (Red) LED Fender Tip Light I. Visual Displays Speedometer. Analog & Digital speedometer, range 0-120mph (or kph equivalent), Two (2) re-settable trip meters. Speed Capture with Digital Speed Display Gear Indicator Odometer. Calibrated, cumulative. Tachometer. Analog. Fuel level gauge. Emergency Light Activation Indicators, separate indicators for front and rear emergency lights. Stealth Mode indicator -if activated Cruise Control indicator Sight glass on brake master cylinders. Fuel Mileage countdown till empty displayed in odometer window when Low fuel indicator lamp is lit. Turn Signal Indicators Hazard -Warning Lights Indicator Neutral Indicator High beam Indicator Low Oil pressure Indicator Engine diagnostic light ABS indicator lamp Security Lamp (if equipped with optional security system) Page 40 of 42 Invitation for Bid (IFB) 437315 J. Feature Requirements Seat. Deluxe solo saddle, special police type, breathable material covering, adjustable coil over spring suspension system. Cruise Control -OE standard Stealth Mode -optional activation Push to Talk Switch -requires other police radio equipment not supplied by H—D Power ON for emergency equipment for 30 minutes with ignition OFF Analog and Digital Speed Display with Speed Capture feature Gear Indicator Side Stand. Jiffy stand with electronic disengage to prevent drive off with jiffy stand deployed. Fo.ot Boards. pivoting type with non-skid rubber_pads. Guards. Front engine guard bar and rear saddlebag guard bars. Saddlebags. Factory installed, law enforcement type Injection Molded GTX saddlebags, approximately 2000 cubic inches of storage space per bag, water-resistant, utilizing one touch operation Latches. Final belt drive, with a rubber isolated 68 tooth rear drive sprocket. Chrome, two into one into two exhaust system Windshield. Constructed of clear polycarbonate, designed to break away with minimal force. Mirrors. Two (2) long stem true image mirrors. Key. One key fits all locks. Wheelbase. 64 inches (1625 mm). Laden Seat Height. 27.3 inches (695 mm) Gross Vehicle Weight Rating. 1360 lbs. (617 kg.) Dry Weight. 786 lbs. (357 kg.) Running Order. 821 lbs. (372 kg.) Service Intervals. 1st 1000 miles and then every 5000 miles thereafter. Warranty. 24 months, unlimited mileage. G. Emergency Response Components Radio box with Two (2) side and Two (2) rear. facing Red/Blue LED emergency lights; Two (2) forward facing Red/Blue LED emergency lights; Two (2) side facing Red/Blue LED emergency lights mounted on front forks; Strip mounted on front windscreen with three (3) Red/Blue LED emergency lights; Siren speaker mounted on crash bar, amplifier and P.A. Microphone; Two (2) small blue LED lights mounted on license plate or radio box facing rear; Installation of provided City of Miami police radio, radar and city provided running (fog) lights as required equipment. Page 41 of 42 Invitation for Bid (IFB) 437315 13. Warranties and Repairs The City of Miami reserves the right to return the motorcycle to any certified dealer of choice for warranty repairs. The dealer shall be responsible for the pickup and delivery of all motorcycles requiring repair, maintenance or warranty work. Motorcycles shall be transported using a trailer, flatbed or other vehicle designed specifically to transport motorcycles. The dealer shall pick up motorcycles requiring repair, maintenance or warranty work within 24 hours of notification. Also, motorcycles shall be delivered within 24 hours thereafter completion of said repairs. The warranty shall be for a period of not less than two (2) years with unlimited mileage. The warranty shall cover, but is not limited to, repairs for the engine, transmission, fuel system, electrical system, suspension, power train, brakes, controls, cables, belts, emergency response components and chains. - If agreed by dealership the City may be allowed to perform any and/or all service and non -warranty repairs at the City's maintenance facility utilizing City personnel. Dealer will, be responsible for all repairs to emergency response components installed by Harley Davidson and/or Dealership for a period of two (2) years or unlimited mileage. All maintenance and repairs shall be covered by the dealership, as reflected in the Header/Attachments Section of the bid, including but not limited to tires, oil, oil filters and clutches. The only reason the City will be responsible for repairs is for abuse and/or accident repairs. Page 42 of 42 CITY OF MIAMI LOCAL OFFICE CERTIFICATION (City Code, Chapter 18, Article III, Section 18-73) Solicitation Type and Number: (i.e. IFQ/IFB/RFP/RFQ/RFLI No. 123456) Solicitation Title: (Bidder/Proposer) hereby certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Local office means a business within the city which meets all of the following criteria: (1) Has had a staffed and fixed office or distribution point, operating within a permanent structure with a verifiable street address that is located within the corporate limits. of the city, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue; for purposes of this section, "staffed" shall mean verifiable, full-time, on -site employment at the local office for a minimum of forty (40) hours per calendar week, whether as a duly authorized employee, officer, principal or owner of the local business; a post office box shall not be sufficient to constitute a local office within the city; (2) If the business is located in the permanent structure pursuant to a lease, such lease must be in writing, for a term of no less than twelve (12) months, been in effect for no less than the twelve (12) months immediately preceding the date bids or proposals were received, and be available for review and approval by the chief procurement officer or its designee; for recently -executed leases that have been in effect for any period less than the twelve (12) months immediately preceding the date bids or proposals were received, a prior fully -executed lease within the corporate limits of the city that documents, in writing, continuous business residence within the corporate limits of the city for a term of no less than the twelve (12) months immediately preceding the date bids or proposals were received shall be acceptable to satisfy the requirements of this section, and shall be available for review and approval by the chief procurement officer or its designee; further requiring that historical, cleared rent checks or other rent payment documentation in writing that documents local office tenancy shall be available for review and approval by the chief procurement officer or its designee; (3) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, a current business tax receipt issued by both the city and Miami - Dade County, if applicable; and (4) Has had, for a minimum of twelve (12) months immediately preceding the date bids or proposals were received for the purchase or contract at issue, any license or certificate of competency and certificate of use required by either the city or Miami -Dade County that authorizes the performance of said business operations; and (5) Has certified in writing its compliance with the foregoing at the time of submitting its bid or proposal to be eligible for consideration under this section; provided, however, that the burden of proof to provide all supporting documentation in support of this local office certification is borne by the business applicant submitting a bid or proposal. 1 FORM -City of Miami Local Office Certification 7/22/2013 PLEASE PROVIDE THE FOLLOWING INFORMATION: Bidder/Proposer Local Office Address: Does Bidder/Proposer conduct verifiable, full- time, on -site employment .at the local office for a minimum of forty (40) hours per calendar week? YES NO If Bidder/Proposer's Local Office tenancy is pursuant to a lease, has Bidder/Proposer enclnaara a reopy o the lease? V11V1VJV\.!. GG VV�I,' V1 L.L1, 1V J YES NO N/A Has Bidder/Proposer enclosed a copy of the Business Tax Receipt (BTR) issued by the City of Miami and Miami -Dade County? City of Miami: YES NO Exempt Cite Exemption: Miami -Dade County: YES NO Exempt Cite Exemption: Has Bidder/Proposer enclosed a copy of the license, certificate of competency and certificate of use that authorizes the perfoiivance of Bidder/Proposer's business operations? YES NO Bidder/Proposer's signature below certifies compliance with the Local Office requirements stated under Chapter 18/Article III, Section 18-73, of the Code of the City of Miami, Florida, as amended. Print Name (Bidder/Proposer Authorized Representative) Signature Date 2 FORM -City of Miami Local Office Certification 7/22/2013 STATE OF FLORIDA COUNTY OF Certified to and subscribed before me this day of , 20 , by (NOTARY SEAL) (Signature of Notary Public -State of Florida) (Name of Notary Typed, Printed, or Stamped) Personally Known OR Produced Identification Type of Identification Produced FORM -City of Miami Local Office Certification 7/22/2013 3 Exhibit # 2 FLHP 1,000 MILES Page:1 iITEMf SERVICED PROCEDURE COMMENTS NOTES Engine;oil anti filter Replace Oil ilnes'and brake: system Inspectfor leaks, contact or abrasion -- - -1,3 Air cleaner Inspect, service as required Tires `- Check pressure, inspect tread Wheelspokes (fequipped) Check torque 1,5 ,Primary cha'incase Lubricant Replace TransrYiission. lubricant - - - ... -. Ftaptace Clutch _:: .Check adjustment. 1 Drive belt altct compensatersprocket Inspect, adjust belt .1 Compensatorsprocket Isolators Perform at each rear tire change 7 Brake and clutch cantrols Check addlubricate. ]iffy stand Inspect and lubricate 3 Fuel lines and fittings Inspect for leaks, contact'ar.abrasio'n t 3 Brake .fluid Check levels and candid' rr 4 Brake pads and discs Inspect for wear. .Elecfrlcal equipment and switches - Check operation Airsaspension Check pressiire, operation :and leakage 1 Fuel doa', Tour -Pak, saddlebags (if eauldbed) Lubricate hinge§ and latches critical' fasteners Check tightness 1 Battery Check battery and :clean corinectknns' Exhaust-systam lospactfor leaks, cracks and loose or missing fasteners or heat shields .3 Road test Verify component and system functions N TES L.:Shelild be performed by an authorized I arley-Davidson :dealer, unless you have the proper tools, seryice data and are mechanically qualified. e .. Disassemble, lubricate'and inspec t`every 50„000 miles (s0,000 kilometers). w. Perform annually' or' at specbied intervals, whichever:comes first. 4.. Change D.O.T. 4 brake ftu li-and flush system every 'two years. 5 Perform spoke'tension check at the /00'O, 5000!, 20,000 Mile services Gild every 15,O00 mile interval therhafter. Not all vehicles are equipped with spoke wheels. Consult appropriate topic'fn service manual: B. Replace fork:oii.an.d inspect every 50,000 miles (30,000 kilometers). ., Perfoat each. rere change. Page:2 FLHP 2500 J7500 Miles ' ITEM SERVICED PROCEDURE COMMENTS NOTES Engine .oil and filter Replace €)ti.tines and brake system Inspect for leaks 1 Air cleaner inspect; service as retiuired Tires Check pressure, iinspect.tread :Wheel spokes Check tightness 1 Clutch Check Cable Adiustment 1 Drive, belt and compensator sprocket Inspect, adjust belt 1 Brake -Clutch BF, Throttle controls Check, adjust.a:nd lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 - Brake fluid • Check levels and condition 4 Brake pads and discs Inspect for wear Electrical equipment and switches Check operation Air suspension Check pressure, operation and leakage 1 Feel 400r., Tour -Pak, saddlebags Lubricate -hinges and latches Critical fasteners Check tightness 1 Cattehr Check battery and clean Connections 3 Exhaust systerrt . Inspect for leaks, cracks and loose or missing fasteners' or heat shields 3. Road test Verify component and system functions NOTES J Should be performed. by an authorized Harley-Davidson dealer, unless you have the proper tools, service data and are 2, Disassemble, Lubricate and inspect every 80,O00 kilometers: (50,.000 Miles). 3. Perform annua•fly. 4. Change D.O.T. 4 and flush brake system •every two years. 5, Perform at each rear, tire -change. Page:3 HAIR 5,000 MILES .ITEM SERVICE[? PROCEDURE COMMENTS NOTES Engine oil and filter . Replace Oil lines and brake system, ` Inspect for leaks, contact or -abrasion 113 Air cleaner Inspect, Service :a'srequired Tires - Check pressure, inspect tread Wheel spdkes:(ifequipped) Check torque. 1 Primary-chaincase lubricant Replace Transmission lubricant Replace Clutch . Check adjustment 1.. Drive belt and 'corripensatarsprocket Inspect, adjust belt 1 Compensator sprocket isolators Perform .at each rear tire change 7 Brake and elatch controls •Check'aand lubricate Jiffy Stand Inspect and lubricate 1 Fuet lines'and fittings Inspect for Ieaks,. Contact Or abrasion 3 Brake fluid Check levels and condition' • .4 Brake pa. s'artd.discs Inspect for wear Spark plugs: Inspect •Eectrical.equiptnent and switches_ _ _ _ Cheek operation Front fork oil Replace- ,1 2 Steering head bearings . Adjust&i.ubricate Air'su'spension .Check pressure, operation' and leakage' 1 Windshield bushings (if applicable). :Inspect 1 Fuel door, Tour -Pak,. saddlebags Of ecluirxoedl Lubricate hinges.and latches Critical fasteners Check tightness i Battery Check battery and clean connections 3 Exhaust system -Inspedfbt leaks, tracks and loose or missing fasterier5 orheat 3 . Road test ,Shields Verifycomponent and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, ttntessyou have the propertools, service data 'andare Mechanically qualified. 2_ Disassemble, lubricate: and Inspect every 50;000 Miles (80,000 kilometers). 3. Perform annually at specified' intervals, whichever comes first. 4. Change D.O.T. 4 brake fluid and f(ush:system every two years. S..Perf©tin spoke tension check at the 1000, 5000, 20,000 Mite services and every 15;000 mile interval thereafter. Not all vehicles are equipped with spate wheels. Consult appropriate topic in service manual, 6. 'Replace fork ail and inspect every 50,000 miles (80,000 kilometers). fi, Perform at each rear tare change. Page:4 FLHP 10,000 MILES ITENE SERVICED PROCEDURE COMMENTS NOTES Engine oil and filter Replace Oil lines and brake system Inspect: for leaks, 'contact or abrasion 1.3 Air cleaner Inspect, service as required Tires Check pressure, inspect. tread Primary chaincase lubricant Replace Transmission lubricant' Replace Clutch Cheek adjustment i -Drive belt and compensator Sprocket Inspect, adjust belt 1 Compensator sprocket isrs Perform at each rear 'tire change 7 Brake arid clutch controls Checkand lubricate 1 jiffy stand Inspect and !rubricate 1 Fuel. Fines and Fittings - inspect for teaks, rontact;br abrasion 1,3 Brake fluid Check:levels and condition 4 Brake:pads and discs Inspect for wear Spark plugs: - inspect Electrical equipment and switches - check operation Frdnt*irk .oil - Replace 1.2 Steering.head bearings-....... ... _ Adjust&Lubricate -.. -- Air suspension Check pressure, operation and leakage I, indshieid bushings of applicable) . Inspect :t Fuel dop'r,Tour, Pak, saddlebags if eotiiaoedl Lubricate hinges anti fatches Critfeat'fasteners - . Check lightness 1 Battery Check battery andtlean connections - 3 Exhaust system Inspect for leaks, tracks.and loose or missing fasteners or heat shields 3 Road test Verify component -and system. functions NOTES 3. Should be performed by an authorized ifarley-Dav dson dealer, unless you .have the proper tools, service data and: are mechanically -tjva r d. . Disassemble, Lubricate an inspect every 50,000 mifes'(80,000 kilometers). 3. f erform annually ar at epecilied intervals, whichever conies first: x'. Change CS.OT.°4 brake fluid and Flush system.erery two years: 5, Perform spoke tension check. at the 1000, 5000, Z0,000 mite services and every 15,000.mil a nterval thereafter. Not ell vehicles are equipped with spoke wheels. ConsuIt.appropriatetopic 'in service manual. . Replace fork oil and inspect every 50,000 mile'S (80,000 kilometers). 7. Perform at eafb rear tire change, Page:5 FLHP ITEM SERVICED PROCEDURE COMMENT NOTES Enginetill arid filter Replace Oil lines -and brake System Inspect for teakt •I Air cleaner Inspect, service:as required Tires -:. Check pressure, inspect tread •Wheel spOkes Check•tightnesS .. Primary-thaincase lubricant Replace Transmission lubricant Replace Clutch ' Chetk adjustment I: Drive belt and compensator sprocket Inspect, adjust belt I. Compensator sprocketisolaters Perform tt e:ach rear tire change • 5 Brake :and clutch controls Check, adjustand lubricate I Jiffy stand inspect and lubileate 1 !uellines and fittings Inspect for Teaks' 1 Brake flaid Check levels and condition 4 Brake pads and diScs Inspect for wear Spark, Plugs 1nspe.ct Electribateqifiprrienband switches_ . CheCk operation _ .. ._ .. . Front fork oil Replace 1,2, SteerinO head beatings Lubridate Air suspension Check pressure, operation and leakage I .Fuel doer, Tout -Pak, saddlebags Lubricate hinges and latches .CrItical fasteners Check tIglitneSs 1 Battery Check battery and clean connections 3 Exhautt system Inspect for leaks, traCks and looSe tie missing faSteners orteat shierds 3 Reed test Verify.cornponent and system functions NOTES I.. Shouldbe performed by an..authorized Harley-Davidson dealer, unless you have the proper tools, service.data.and are mechanically qualified. , . .. . .1. Disassemble, luhricateend inspect every 50,0.00 Miles. (80,000 kilometers). . Perform annually: .. .. 4. -Change D.O:T.,4 and'ffush brake system every two years 5..Perform at each rear tire change. 5. Not all Vehicle.4t-e- Otaipintl with spoke wheers.:Consuit'appropriate topic in Service Manual. Page:6 PIMP ITEM SERVICED - : PROCEDURE - C€.'> MMENT NOTES Engine' oil and filter Replace 011 lines and brake system Inspect for leaks 1: Air tie per Inspect, service as required Tires :-:- Check pressure, inspect tread Wheel spokes Check tightness - 1.6 Mina chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment. Drive belt and compensator sprocket Inspect, adjust belt 1 Cernpensator'sprocket isolators Perform at each rear xire change 5 Brake and clutch controls Check,, adjust and lubricate Jiffy stared' - Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Brake fluid €heck levels and condition 4 Brake pads arid discs Inspect for wear Sparkplugs. Replace Electrical equipment' and switches Check operation Spark plugs Inspect- Front fork.otl Replace 1,2 Steering heed bearings Lubricate Air suspension - Check pressure, operation and leakage 1 Windshieldbushings (I€ applicable) Inspect 1 Fuel door;_Tour-Pak, saddlebags' Lubricate hinges arid' latches Windshield bushings (if applicable) inspect - 1 Battery Check battery and clean connections 3 Exhaust system Inspect for Teaks, cracksand toose or missing fasteners or heat shletds 3 Road test Verify Comp nnt.and :system functions NOTES d. Should he. pert rated by an authorized Harley-Dev.idson dealer, unless you have the proper tools, service data and are, mechanically qualified, `...Disassa'nble, lubricate and I'nspett'evey 50,t100 miles.(60,004 kilometers). 3.. Perform annually. 4.. Change D.O.T, 4 and flush brake system every two years. .:Perrari:1i at each reartire -change. FLHP 25,000 M s Page:7 ITEM SERVICED PROCEDURE COMMENT _ NOTES Engine oil and filter Replace. Oil tines and brake system inspect for leaks 1 Air cleaner Inspect; service as required Tires - Check pressure, Inspect tread Wheel spokes Check tightness 1 Primary chainca5e lubricant . Replace Transmission lubricant Replace dutch 'Check adjustment -1 Drive belt and compensator sprocket Inspect; adjust belt a Compensator sprocket Isolators Perform- ateach rear tire change 5 Brake end clutch controls Check, :edjust:and lubricate 1 Jiffy:stand Inspect and lubricate 7: Fuel lines add fittings Inspect for leaks. j Fuel tank filter Replace 1 Brake. fluid Check levels andcondition: cl Brake pads and discs Inspect for wear Sparkplugs..... ,. - • _ Inspeci. Electriteat equipment and'switches Check:operation Front fork olt Replace _ 1 g= Steering head bearings Adjust 1 Air suspension Check pressure, operation and leakage. Windshield bushings (tf:applicable) Inspect. 1 Fuel door•; Tiacir-Pak„saddlebags Lubricate hinges -and latches Windshield bushings (if applicable) Inspect t Battery Check battery and clean connections a Exhaust system 3 Inspect for leaks, cracks and loose or missing fastener; or heat"shields Road test Verify conr'Ghent end .system functions NOTES t. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper togis, service data and are mechanically qualified. 2..t7lsassernb.le,.liibric3te and Inspect every 50,000 Miles' (80,000 kilometers). :.. Perform annually. 4,'Ch:3rtge. D.0,T. 4..end fi0sh brake system every tw:3 years, 5. Perform at each rear Lire change. 6. Not all vehicles are;equipped with spoke wheefs. Consult -appropriate topicInn service manual, FLHP 0 ES Page:8 ITEM SERVICE? : ' PROCEDURE COMMENTS NOTES Engine op an filter Replace Oil fines an brake System: . Inspect for leaks, contact or abrasion - 1.,3 Air Cleaner. Inspect, settii"ee es -r ulred Tires Check pressure, fnspecttread Primary'thaincase lubricant Replace Clutch : Check adjustrrient 1 Drive belt and compensator sprocket Inspect, adjust:beft 1 Contensator.sprocket isbtaters Perfarm'at each rear tire change- 7 Brake and clutch controls. Check and Iubrieate d ]Iffy stand Inspect and lubricate 1 Fuel fines and fittings Inspect for teaksreontact or abrasion 1,3 Brake fluid Check levets and co ion 4 Brake pads.'and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front -fork dit Replace 12 Steerfng:'headbearings Lubricate— - -- ._..._.._..., Air suspension Check pressure, operation and leakage 1 Windshield bushings (if applicable) Inspect 1 Fuel: door, Tour: P.ak,. saddlebags (it 'eocriooed) Lubricate binge's and latches <Critical fasteners ' Check tightness Battery. Check battery and 'clean connections 3 Exhaust system Inspectfor teaks; cracks and loose or missing or -heat shields ... 3 — Road test ,fasteners Verify .tomponentand system fundtions. NOTES L. Should €ie performed by an authorized Harley-Davidson dealer, unless you Kaye the proper toots, service data and are riiechanicaliy qualified., g.:Disassenible, lubricate and Inspect every 50,000 miles-(80,00'0 kilometers). 3, Perform annually or at specified intervals, whichever comes first. 4, Change D.OJ. 4 brake fluid and Flush system every two years. 5: Perform spoke tension check at the 1000, 5000, =20,0.00 mile services and -every 15,000 mile- rstervai thereafter,'Nat aII vehicles are egt0pped.with:Spoke wheels. Consult .appropriate topic in service manual, 6. Replace fork oil and inspect every 50,:000 robes (80,000 kilonietersp, 7. Perform at each rear tire change:. Page:-9 PLHP SO 000 MILES ITEM SERVICED PROCEDURE COMMENT NOTES Engine ion and filter Replace. Oil lines and brake system Inspect for leaks 1 Air Cleaner ' Inspect, serVIce as reqUired TireS . Check Pi-essbre, inspett tread Wheel spokes Check tightness 1,ig Primaryichalnease lubricant Replace Transmissien lubrita lit Replace. Clutch - Check adjustment Drive belt arid compensatorsproicket Inspect, adjust belt 1 Compensator sprocket isolators Perform at each rear tire change 5 Brake and 'clutch controls Check, adjust and lubricate Jiffy stand Inspect and lubribate - 1 Fuel neaand fittings Inspect for leaks Fuel tank' filter . Replace. :1 Brake fluid . Check evets and condition 4 Brake padt•and discS Inspect forwear Spark plugS: Inspect Electricatequiprnentand.switehes:. i _ Check operation .. __ _ . . _ . _ _ Frent fork oil REBUILD ,- 1,2 Steerinnlhead bearings Adjust, 1 Air sutPension: Check preSsUre, operatie and leakage 1 1 indshleid bushings (if appileable) Inspect 1 iFuel :dear, Tour -Pak, saddlebags Lubricate: hinges:add latches Windshield bushings (if applicable) Jispeet Battery Check battery and clean connections 3 Exhaust systerti InSPect for leaks, trackt. add loose or missing fasterierSbr heat shields • 3 Road test Verify componentand system functions NOTES 1. Bhouid be performed by an a uteorized Harley-Davidson dealer; unless ypu have the proper tools, service dataan are mechanically qualified. 2, Disatsemble,.10bricate and Inspect every 50,.(106 Miles (80,000 kilometers) 1. Perform annually. 4. :Change D.O.T, 4 and flush brakesystem every two years, S._ Perfoirri at each fear tire change. Not all. vehicles are equipped withspoke wheels. Consult appropHate tank in service rrianual-