HomeMy WebLinkAboutBack-Up DocumentsCITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO: Arthur Noriega V
City Manager
Cl nitiaCZ 2.GZL'da26i7
, 2
FROM: Annie Perez, CPPO, Director REFERENCES:
Department of Procurement
DATE: September 25, 2020 FILE:
SUBJECT:
ENCLOSURES:
Recommendation of Award
for BMW Police Motorcycle(s)
Invitation for Bid ("IFB")
No. 1211389
Bid Tabulation
RECOMMENDATION:
Based on the findings below, the Department of Procurement ("Procurement") hereby recommends award
of IFB No. 1211389 to 441 Cycle Shop, Inc. dba BMWof Fort Lauderdale ("BMW Motorcycles
Fort Lauderdale") the lowest responsive and res c for the provision of BMW Police
Motorcycle(s) Model No. R125ORT-P or newer and ., c a icillary accessories and equipment,
on an as needed basis, for the City of Miami Police D �artment ("Police"). The awarded vendor, contract
terms, and amount are shown below.
IFB No./Title:
Contract Amount:
Contract Term:
Recommended Vendor:
BACKGROUND:
On July 29, 2020, Procurement issued IFB No. 1211389, BMW Police Motorcycle(s), under full and open
competition. On August 25, 2020, at bid closing tvc (2) nds were received. The bids were evaluated and
tabulated following the guidelines published in the bid. Procurement is recommending award to BMW
Motorcycles of Fort Lauderdale the lowest responsive and responsible Bidder, per bid specifications.
Consequently, approval
approval of this recomme dation under your delegated authority.
IFB No. 1211389, BMW Police Motorcycle(s).
$191,800.00 annually (Approximately $959,000.00 for all five (5) years in
the aggregate for the replacement of existing thirty-five (35) motorcycles).
Initial term for a period of three (3) years with the option to renew for two
(2) additional one (1) year periods.
441 Cycle Shop, Inc. dba BMW Motorcycles of Fort Lauderdale.
Approved:
Arthur N
ega V, City Manager
this recommendation to award s requested. Your signature below will indicate
Date:
c: Sandra Bridgeman, CPA, Assistant City Manager, Chief Financial Officer
Jorge Colina, Chief of Police
Ricardo Falero, Director, General Services Administration ("GSA")
Yadissa A. Calderon, CPPB, Assistant Director, Department of Procurement
PR20208
BID TABULATION
INVITATON FOR BID (IFB) NO. 1211389 BMW POLICE MOTORCYCLE(S)
BMW Motorcycles
Fort Lauderdale
**AFTER BAFO**
BMW Motorcycles
of Miami
Line No.
Item Description
Unit
Quantity
Item Cost
Total Cost =
Quantitty X
Item Cost
Item Cost
Total Cost =
Quantitty X
Item Cost
1
BMW Police Motorcycle Model No. R125ORT-P or a New Approved Model
Each
1
$27,400.00
$27,400.00
$28,946.48
$28,946.48
2
Balance of Line
Percentage
1
10%
0%
*
$27,400.00
$28,946.48
Lowest Price
BID TABULATION
INVITATON FOR BID (IFBI NO. 1211389 BMW POLICE MOTORCYCLE{S)
BMW Motorcycles
Fort Leedesdaie
BMW Motorcycles
of Mlaml
Line No
Item Descnphon
Unit
Quantity
Rem COSI
Total COSI =
QuanueyX
Item Coll
Item Col
Tbtal COSI =
Quartaty 0
fleet CoSt
t
'BMW Pdim Motorcycle Model No. R12504T-P or a New Approved Model
Eaca
1
S27.900.00
S27.900.00
$29,946.49
S29,946.48
2
Balance of Line
Percentage
t
id%
0%
*
S27,90E1.00
S25,946.46
Lowest Price
This amount Is the cog ror eee+ motorcycle, on an as needed basis for Ire term of the contract piusthe cotton to renew.
Approved by.
GSA D4r600r.
Prepared by Cristiana
Procurement Contractna Onicer
Approved by
Chief of PoIa-Nonce
Ricardo Falero, Director of General Services Administration
Ratted L F'apler Depuy Cruel of Pcdoe
ANNIE PEREZ, CPPO
Director of Procurement
Tag of 41flami
ADDENDUM NO. 1
Arthur Noriega V.
City Manager
IFB No. 1211389 August 12, 2020
Invitation For Bid ("IFB") for BMW Police Motorcycle(s).
TO: ALL PROSPECTIVE BIDDERS:
The following changes, additions, clarifications, and deletions amend the IFB documents of the above
captioned IFB and shall become an integral part of the Contract Documents. Deletions of contract
language will be specified herein. Bold words and/or figures shall be added. The remaining provisions
are now in effect and remain unchanged. Please note the contents herein and reflect same on the
documents you have on hand.
Q1. Is the completed contract package needs to be submitted or only the required filled pages?
Al . The Bidder shall only submit the required fillable pages 5 through 7 as an attachment via Bidsync.
Q2. A) Are all three (3) References required to be submitted? We currently provide the
service/goods described in the above -mentioned bid to two (2) other government agencies.
B) Is it acceptable to only submit two (2) references? or are older contract references
acceptable?
A2. A) Please refer to Section 2.10. References of the IFB. Each Bidder must submit a list of three (3)
references with its bid submittal. B) The Bidder can submit references from government and non -
government agencies. Any references from private companies, new and old contracts will be
accepted.
Q3. Is there a guide or online assistance to help guide the Bidder(s) thru the proper process of
uploading documents in BidSync.
A3. The Bidder can contact Bidsync Vendor Support Toll -Free number 800-990-9339, select option 1
and option 1 again, or email questions to support(a�bidsvnc.com.
Q4. Who can the Bidder contact if they're unable to fill the qualifications as required by this
agency on the foot note?
A4. For Bidsync technical difficulties and problems, please call Bidsync Vendor Support Toll -Free
number (800) 990-9339 or email support(a�bidsync.com.
Q5. In regard to Item Number: 1211389--01-02, what is the minimum discount that can be
established?
A5. The Bidder can establish any discount or no discount.
THIS ADDENDUM IS AN ESSENTIAL PORTION OF THE IFB AND SHALL BE MADE A PART
THEREOF.
Annie Perez, CPPO, Director of Procurement •
City of Miami Procurement Department
AP:cl
cc. Sandra Bridgeman, CFO, Assistant City Manager
Ricardo Falero, Director of General Services Administration
Yadissa A. Calderon, Assistant Director of Procurement
AP:cl 2
City of Miami Solicitation 1211389
Solicitation 1211389
Invitation for Bid for BMW Police Motorcycle(s)
Solicitation Designation: Public
City of Miami
7/23/2020 9:58 AM p. 1
City of Miami Solicitation 1211389
Solicitation 1211389
Invitation for Bid for BMW Police Motorcycle(s)
Solicitation Number 1211389
Solicitation Title Invitation for Bid for BMW Police Motorcycle(s)
Solicitation Start Date In Held
Solicitation End Date Aug 25, 2020 3:00:00 PM EDT
Question &Answer End Aug 10, 2020 3:00:00 PM EDT
Date
Solicitation Contact Cristiane Lima
305-416-1904
clima@miamigov.com
Contract Duration 3 years
Contract Renewal 2 annual renewals
Prices Good for Not Applicable
Pre -Solicitation Conference Aug 5, 2020 11:00:00 AM EDT (Online)
Attendance is optional
Solicitation Comments
Item
Quantity
Unit Price
Delivery Location
Description
The purpose of this Solicitation is to establish a contract, for the provision of BMW Police Motorcycle(s)
Model No. R1250RT-P or newer and the installation of ancillary accessories and equipment, from an
authorized BMW motorcycle dealership, fully compliant with the terms, conditions and stipulations of the
Solicitation.
THE CERTIFICATION STATEMENT CONTAINS IMPORTANT INFORMATION THAT REQUIRES REVIEW
AND COMPLETION.
FAILURE TO COMPLETE AND SIGN THE CERTIFICATION STATEMENT WILL RENDER YOUR BID NON-
RESPONSIVE.
Item Response Form
1211389--01-01 - BMW Police Motorcycle, Model No. R1250RT-P or a New Approved Model
1 each
City of Miami
No Location Specified
Qty 1
BMW Police Motorcycle, Model No. R1250RT-P or a New Approved Model Per Specifications. No Substitution.
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City of Miami Solicitation 1211389
Item 1211389--01-02 - Balance of Line
Quantity 1 each
Percentage
Delivery Location City of Miami
No Location Specified
Qty 1
Description
Balance of Line (Minimum Percentage Discount off published MSRP) for Accessories, and Parts not listed in this solicitation. List the minimum
percent discount in the Unit Price area of this line item.
The percentage discount on parts will not be evaluated to determine the lowest price.a<
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p. 3
City of Miami Solicitation 1211389
City of Miami
Invitation for Bid (IFB)
Procurement Department
Miami Riverside Center
444 SW 2ndAvenue, 6th Floor
Miami, Florida 33130
Web Site Address: www.miamigov.com/procurement
IFB Number:
Title:
Issue Date/Time:
IFB Closing Date/Time:
Pre-Bid/Pre-Proposal Conference:
Pre-Bid/Pre-Proposal Date/Time:
Pre-Bid/Pre-Proposal Location:
Deadline for Request for Clarification:
p.m. Contracting Officer:
Contracting Officer E-Mail Address:
Contracting Officer Facsimile:
1211389
Invitation for Bid for BMW Police
Motorcycle(s)
29-JUL-2020
25-AUG-2020 @ 3:00 p.m.
Voluntary
Wednesday, August 5, 2020 @ 11:00 a.m.
Virtual Via Microsoft Teams
Monday, August 10, 2020 @ 3:00
Lima, Cristiane
CLima@miamigov.com
(305)400-5009
7/23/2020 9:58 AM p. 4
City of Miami Solicitation 1211389
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 errors in 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:
PROPOSER NAME:
ADDRESS:
PHONE: FAX:
EMAIL: CELL(Optional):
SIGNED BY:
TITLE: DATE:
FAILURE TO COMPLETE, SIGN, AND RETURN THIS FORM SHALL DISQUALIFY THIS
RESPONSE.
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City of Miami Solicitation 1211389
Certifications
Legal Name of Firm:
Entity Type: Partnership, Sole Proprietorship, Corporation, etc.
Year Established:
Office Location: City of Miami, Miami -Dade County, or Other
Federal Employer Identification (FEI/EIN) Number.:
Occupational License Number / Business License Number:
Occupational License Issuing / Business License Agency:
Occupational License / Business License Number Expiration Date:
Will Subcontractor(s) be used? (Yes or No)
If subcontractor(s) will be utilized, provide their name, address and 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, 1/7/20). If no addendum/addenda was/were issued, please insert
N/A.
If Bidder has a Local Office, as defined under Chapter 18/Article III, Section 18-73 of the City Code, has
Bidder filled out, notarized, and included with its bid response the "City of Miami Local Office
Certification" form? YES OR NO?
7/23/2020 9:58 AM p. 6
City of Miami Solicitation 1211389
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:
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
7/23/2020 9:58 AM
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City of Miami Solicitation 1211389
Table of Contents
Terms and Conditions 9
1. General Conditions 9
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB) 32
2. Special Conditions 32
2.1. PURPOSE 29
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION
32
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE 32
2.4. TERM OF CONTRACT 32
2.5. CONDITIONS FOR RENEWAL 32
2.6. NON -APPROPRIATION OF FUNDS 32
2.7. METHOD OF AWARD 33
2.8. SUBMISSION REQUIREMENTS 33
2.9. BALANCE OF LINE 33
2.10.REFERENCES 33
2.11.TIE BIDS 33
2.12.CURES 34
2.13. BIDDERS MINIMUM QUALIFICATIONS 34
2.14. INSURANCE REQUIREMENTS 34
2.15. WARRANTY, FITNESS FOR PURPOSE 37
2.16. NO SUBSTITUTIONS 37
2.17. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS/SUPPLIERS 37
2.18. PRIMARY CLIENT (FIRST PRIORITY) 37
2.19. DELIVERY 37
2.20. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS 37
2.21. METHOD OF PAYMENT 38
2.22. FAILURE TO PERFORM 38
2.23. ESCALATION CLAUSE 38
2.24. PROJECT MANAGER 38
2.25. PRODUCT/CATALOG INFORMATION 38
2.26. COMPLETE PROJECT REQUIRED 39
2.27. TERMINATION 39
2.28. ADDITIONAL TERMS AND CONDITIONS 39
3. Specifications 40
3.1. SPECIFICATIONS/SCOPE OF WORK 40
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City of Miami Solicitation 1211389
Terms and Conditions
1. General Conditions
1.1. 1. General Terms and Conditions for Invitation for Bids (IFB)
1. GENERAL TERMS AND CONDITIONS FOR INVITATION FOR BID (IFB) -
References to goods only apply insofar as they are applicable to "Goods" as defined in Section 18-73 of the City Code.
References to "Professional and Personal Services" are as defined in Section 18-73 of the City Code.
Intent: The General Terms and Conditions described herein apply to the acquisition of goods/ services with an
estimated aggregate cost of $25,000.00 or more.
Definition: A Formal Solicitation is defined 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 (City) Procurement Code and/or Florida
Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein.
1.1. ACCEPTANCE OF GOODS - Any good(s) delivered under this Formal Solicitation, if applicable, shall remain
the property of the Bidder until a physical inspection and actual usage of the good is made, 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 supplied to the City are found to be defective or do not conform to
specifications, the City reserves the right to cancel the order upon written notice to the Successful Bidder/Contractor
and return the product to the Successful Bidder/Contractor at the Successful Bidder/Contractor's expense.
1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of a Bidder's response shall be considered
an offer on the part of the Bidder; 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, reject any or all, or portion of responses
after opening/closing date, and request re -issuance on the goods/services described in the Formal Solicitation. In the
event of a rejection, the Director of Procurement shall notify all affected Bidders and provide a written explanation
for such rejection. The City also reserves the right to reject the Response of any Bidder which has previously failed to
properly perform under the Terms and Conditions of a City Contract, to deliver on time contracts of a similar nature,
and which is not capable to perform the requirements defined in this Formal Solicitation. The foregoing is not an all-
inclusive list of reasons for which a response may be rejected. The City further reserves the right to waive any
irregularities, minor informalities, or technicalities in any or all responses and may, at its sole discretion, re -issue the
Formal Solicitation.
1.4. ADDENDA - It is the Bidder's responsibility to ensure receipt of all Addenda. Responses to questions/inquiries
from prospective Bidders will be provided in the form of an Addendum. Addenda are available at the Bidsync.
1.5. ALTERNATE RESPONSES -Alternate responses will not be considered, unless specifically requested by the
City.
1.6. ASSIGNMENT - Successful Bidder/Contractor agrees not to subcontract, assign, transfer, convey, sublet,
pledge, encumber, or otherwise dispose of the resulting Contract, in whole or in part, or any or all of its rights, title or
7/23/2020 9:58 AM P. 9
City of Miami Solicitation 1211389
interest herein, without the City's prior written consent.
1.7. ATTORNEY'S FEES - In connection with any litigation, appellate, administrative, mediation, and/or arbitration
arising out of the resulting Contract, each party shall bear their own attorney's fees through and including, appellate
litigation and any post -judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Contractor 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 Successful Bidder/Contractor which are directly pertinent to this Formal Solicitation, for the purpose
of audit, examination, excerpts, and transcriptions. The Successful Bidder/Contractor shall maintain and retain any
and all of the books, documents, papers, and records pertinent to the resulting Contract for three (3) years after the
City makes fmal payment and all other pending matters are closed. Successful Bidder's/Contractor's failure to, or
refusal to comply with this condition, shall result in the immediate cancellation of this Contract by the City. The Audit
Rights set forth in Section 18-102 of the City Code apply as supplemental terms and are deemed as being incorporated
by reference herein.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any govemmental, 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/Contractor at the Contract price(s) established herein, when permissible
by Federal, State, and local laws, rules, and regulations.
Additionally, any governmental entity outside of the State of Florida but, within the Continental United States of
America, may avail itself to this Contract and purchase any and all goods/services, specified herein from the
Successful Bidder/Contractor at the Contract price(s) established herein, when permissible by Federal, State, and local
laws, rules, and regulations.
Each governmental, not -for -profit or quasi-govemmental entity which uses this Formal Solicitation and resulting
Contract will establish its own Contract, 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 by the
Successful Bidder/Contractor.
1.10. AWARD OF CONTRACT -
A. The Formal Solicitation, any addenda issued, the Bidder's response, and the Purchase Order shall constitute the
entire Contract, unless modified in accordance with any ensuing Contract, or amendment.
B. The award of a Contract, where there are Tie Bids, the tie breaker will be decided by the Director of Procurement
or designee, in the instance that Tie Bids cannot 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 Specifications/Scope of Work. Bidder may be found non -responsive if such documents
are not submitted in a timely manner and in the form required by the City. Where Bidder is found non -responsive, the
City, through action taken by the Department of Procurement, will void its acceptance of the Bidder's Response and
may accept the Response from the next lowest responsive, responsible Bidder most advantageous to the City or may
re -solicit for the goods/services. The City, at its sole discretion, may seek monetary restitution from Bidder and/or its
bid bond or guaranty, and/or similar security, if applicable, as a result of damages or increased costs sustained as a
result of the Bidder's failure to satisfy the City's requirements.
D. The term of the Contract shall be specified in one of three documents which shall be issued to the Successful
Bidder. 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
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City of Miami Solicitation 1211389
Contract is being solicited, evaluated, and/or awarded. If the right to extend is exercised, the City shall notify the
Successful Bidder/Contractor, in writing, of its intent to extend the Contract in accordance with the existing terms and
conditions for a specified number of days. Additional extensions beyond the first one hundred twenty (120) day
extension may occur, if, the City and the Successful Bidder/Contractor 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.
G. The City reserves the right to award the Contract on a split -order, lump sum, individual -item basis, or such method
of award in the best interest of the City, unless otherwise specified.
H. A Contract may be awarded to the Successful Bidder/Contractor by the City Commission based upon the minimum
qualification requirements reflected herein.
1.11. BID BOND/ BID SECURITY - A cashier's or certified check issued by a bank authorized to transact banking
business in Florida, or a Bid Bond/Bid Security signed by a surety company that is licensed to do business in the State
of Florida, payable to the City of Miami, for the amount as specified in the bid, is required from all Bidders, if so
indicated under the Special Conditions. This check or bond guarantees that a Bidder will accept the Contract, as bid,
if it is awarded to Bidder. Bidder shall forfeit bid deposit to the City, should City award Contract to Bidder and Bidder
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 within ten (10) days after the award and Successful Bidder's acceptance of award. If
one hundred eighty (180) 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. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute a Contract 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 Bond/Bid Security to the City, which forfeiture shall be considered, not as a penalty, but
in mitigation of damages sustained which cannot be determined at the time of award. Award may then be made to the
next lowest responsive and responsible Bidder, or all Bid responses may be rejected.
1.13. BID RESPONSE FORM - All required forms in the Formal Solicitation should be completed, signed, and
submitted accordingly as specified to in the Formal Solicitation. Digital signatures may only be utilized if expressly
permitted in the solicitation.
1.14. BRAND NAMES - If, and wherever in the specifications, brand names, makes, models, names of any
manufacturers, trade names, or Bidder 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 desire to
rule out other competitors' brands or makes, the phrase "APPROVED EQUAL" is added. Unless otherwise specified,
any manufacturers' names, trade names, brand names, information or catalog numbers listed in a specification are
descriptive, not restrictive or exclusive. The Bidder shall provide any equipment that meets or exceeds the applicable
specifications, including without limitation the following: Equal in every important attribute, to include industry
quality measurable standard, quality of product, accessibility of distribution, durability/reliability/dependability and
warranty coverage, and the delivery schedule.
When bidding an "APPROVED EQUAL", Bidders shall submit, with their response, complete sets of necessary data
(e.g., factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the
equality of the item(s) bid. The Bidder shall demonstrate comparability, including appropriate catalog materials,
literature, specifications, test data, etc. The City shall be the sole judge of equality and its decision shall be final. The
City shall determine in its sole discretion, subject to the concurrence of the Project Manager whether goods are
acceptable as an equivalent. 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, upon request of the City. If samples are requested by the City, such samples must be received by the
City no later than seven (7) calendar days after a formal request is made.
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City of Miami Solicitation 1211389
When "NO SUBSTITUTION" is used in conjunction with a manufacturer's name, brand name, and/or model number,
that named item is the only item that will be accepted by the City in that particular instance.
1.15. CANCELLATION -The City reserves the right to cancel this Formal Solicitation, before its opening/closing.
In the event of cancellation, the Director of Procurement shall notify all prospective Bidders and provide a written
explanation for the cancellation. There shall be no recourse against the City for a cancellation made in accordance
with this Section.
1.16. CAPITAL EXPENDITURES - Successful Bidder/Contractor understands that any capital expenditures that
the Successful Bidder/Contractor makes, or prepares to make, in order to deliver/perform the goods/services required
by the City, is a business risk which the Successful Bidder/Contractor must assume. The City will not be obligated to
reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any Successful
Bidder/Contractor. If Successful Bidder/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 for,
or responsible to, the Bidder, any subcontractor, 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, 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 Bid for the same
goods/services, or with the City of Miami's Procurement Department or initiating department. The Bidder certifies
that its response is fair, without control, collusion, fraud, or other illegal action. Bidder 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 where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Successful Bidder/Contractor
understands that contracts between private entities and local governments are subject to certain laws, codes, and
regulations, including laws pertaining to public records, sunshine (open meetings), conflict of interest, ethics records
keeping, etc. City and Successful Bidder/Contractor agree to comply with and observe all applicable laws, codes,
regulations, and ordinances, and to secure all applicable public approvals and/or consents, of any governmental agency
and/or owner of intellectual property rights as that may in any way affect the goods or services 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.
B1 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 Uniform 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.
FL National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
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L 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 218.70 to 218.79, the Prompt Payment Act.
Lack of knowledge by the Successful Bidder/Contractor will in no way be a cause for relief from responsibility. Non-
compliance with all applicable local, State, and Federal directives, orders, codes, rules, regulations, and laws may be
considered grounds for termination of Contract at the option of the City Manager.
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 Formal Solicitation once advertised 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 Formal Solicitations
for the provision of goods and services for amounts greater than $200,000. The Cone of Silence prohibits any
communication regarding Formal Solicitations between, among others:
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.
The provision does not apply to, among other communications: oral communications with the City Procurement 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 -bid conferences, or public presentations made 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 Fonnal Solicitation documents; or
communications in connection with the collection of industry comments or the performance of market research
regarding a particular Formal Solicitation by City Procurement staff.
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 City Clerk's Office,
which shall be made available to any person upon request. Written communications may be in the form of an e-mail,
or fax with a copy to the City Clerk's Office being required.
In addition to any other penalties provided by law, violation of the Cone of Silence by any Bidder shall render any
award voidable. A violation by a particular Bidder, 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 Miami Dade County Commission on Ethics.
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's Office
at 305-250-5360 or clerks@miamigov.com, to obtain a copy of same.
1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Govemment in
the Sunshine (public Meetings) Act and Public Records Act. If this Contract contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
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1.22. CONFLICT OF INTEREST - Bidders, 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 or its employees must be disclosed in writing to the City. Further, Bidder shall 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 Bidder's firm.
A. Bidder further agrees not to use or attempt to use any knowledge, property, or resource which may be within his/her
trust, or perform his/her duties, to secure a special privilege, benefit, or exemption for himself/herself, or others. Bidder
may not disclose or use information not available to members of the general public and gained by reason of his/her
position, except for information relating exclusively to governmental practices, for his/her personal, or benefit, or for
the personal gain, or benefit of any other person, or business entity.
B. Bidder hereby acknowledges that he/she 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 board, Commission,
or agency of the City within the past two years. Bidder further warrants that he/she 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 to immediate termination of any contract with the City, and
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 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 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 - All expenses involved with the preparation and submission of Bids to the
City, or any work performed in connection therewith shall be borne by the Bidder.
1.25. DEBARMENT AND SUSPENSIONS (SECTION 18-107) -
A. Authority and requirement to debar/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 (3)
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/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/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.
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4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of non -
responsibility. 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/suspension.
5) Debarment/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 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 entity or affiliate who has been placed on the State of Florida
debarred or suspended vendor list may not submit a Response for a solicitation to provide goods or services to a public
entity; may not submit a Response to a solicitation 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 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.
1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which shall
include any failure on the part of the Successful Bidder/Contractor 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/Contractor to meet any terms of a Contract, the City will notify the Successful
Bidder/Contractor of the default and will provide the Successful Bidder/Contractor three (3) days (weekends and
holidays excluded) upon notification, by the City, to remedy the default. Failure by the Successful Bidder/Contractor
to correct the default within the required three (3) days, shall result in the Contract being terminated upon the City
notifying in writing the Successful Bidder/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.
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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/Contractor 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
this Contract to the Successful Bidder/Contractor.
1.28. DETERMINATION OF RESPONSIVENESS AND RESPONSIBILITY - Each Bid will be reviewed to
determine if it is responsive to the submission requirements outlined in the Formal Solicitation.
A.Responsive Bid 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 Bid non -responsive.
B. Determination of Responsibility. A Responsible Bidder shall mean a Bidder who has submitted a Bid and who
has the capability, as determined under Section 18-95 of the City Code, in all respects to fully perform the Contract
requirements, and the integrity and reliability of which give reasonable assurance of good faith and performance.
1) Bids will only be considered from any person or firm who are regularly engaged in the business of providing the
good(s)/service(s) required by the Formal Solicitation. Bidder 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.
2) The City may consider any information available regarding the financial, technical, and other qualifications and
abilities of a Bidder, including past performance (experience) with the City or any other governmental entity, in
making the award.
3) The City may require the Bidder(s) to provide documentation 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.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount prices offered in the Response shall
be fixed after the award of a Contract 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/Contractor during the term of the Contract. Such discounts shall remain in effect for a minimum of one hundred
and eighty (180) days from approval by the City Commission. Any discounts offered by a manufacturer to Successful
Bidder/Contractor will be passed on to the City.
1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or omissions in the Formal
Solicitation, or Addenda (as applicable), should be reported in writing to the City's Procurement Department. Should
it be found necessary, a written Addendum will be incorporated in the Formal Solicitation and will become part of the
Purchase Order (Contract documents). The City will not be responsible for any oral instructions, clarifications, or other
communications.
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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 (if applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY/DISASTER PERFORMANCE -In the event of a natural disaster or other emergency, or
disaster situation, the Successful Bidder/Contractor shall provide the City with the commodities/services defined
within the scope of this Formal Solicitation at the price contained within Bidder's response. Further, Successful
Bidder/Contractor shall deliver/perform for the City on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT -The Bid Contract consists of any amendments to the Bid Contract, the Formal
Solicitation, including any addenda, Bidder's Response and any written agreement entered into by the City of Miami
and Successful Bidder/Contractor, 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 Bid Contract conflicts with, modifies, alters or changes any of
the terms and conditions contained in the Formal Solicitation and/or Bid, the Formal Solicitation, including any
addenda, and then the Bid shall control. This Contract may be amended only by a written agreement signed by the
City and Successful Bidder/Contractor.
1.33. ESTIMATED QUANTITIES - Estimated quantities or dollars are provided for the Bidder's guidance only:
(a) estimates are based on the City's anticipated needs and/or usage during a previous contract period and; (b) the City
may use these estimates to determine the low Bidder. Estimated quantities do not contemplate or include possible
additional quantities that may be ordered by other government, quasi -government or non-profit entities utilizing this
Contract. 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 the Contract. Said estimates
may be used by the City for purposes of determining the low Bidder meeting specifications. The City reserves the
right to acquire additional quantities at the prices bid or at lower prices in this Formal Solicitation.
134. EVALUATION OF RESPONSES -
A. Rejection of Bids. The City may reject a Bid for any of the following reasons:
1) Bidder fails to acknowledge receipt of addenda;
2) Bidder misstates or conceals any material fact in the Bid;
3) Bid does not conform to the requirements of the Formal Solicitation;
4) Bid requires a conditional award that conflicts with the method of award;
5) Bid does not include required samples, certificates, licenses; and,
6) Bid was not executed by the Bidder's authorized agent.
The foregoing is not an all-inclusive list of reasons for which a Bid may be rejected. The City may reject, and/or re -
advertise for all or any portion of the Formal Solicitation, whenever it is deemed in the best interest of the City.
B. Elimination from Consideration.
1) A Bid 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 Bid 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 failed to deliver on time, under contracts of a similar nature.
3) A Bid contract may not be awarded to any person or firm who has been debarred by the City, in accordance with
the City's Debarment and Suspension Ordinance (Section 18-107), or is currently debarred by the State of Florida or
any political subdivision, or is on the convicted vendor's list per Section 287.133, Florida Statutes.
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135. EXCEPTIONS TO GENERAL TERMS AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed in the Bid and shall reference the applicable section. Any exceptions to
the General Terms and/or Special Conditions shall be cause for a Bid to be considered non -responsive.
1.36. Freight on Board (F.O.B) DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the Bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges
included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for
rejection of Bid.
1.37. FIRM PRICES - The Bidder warrants that prices, terms, and conditions quoted in its Bid will be firm
throughout the duration of the Bid Contract unless otherwise specified in the Formal Solicitation. Such prices will
remain firm for the period of performance, or resulting purchase orders, or Bid Contracts.
1.38. FLORIDA MINIMUM WAGE AND CITY OF MIAMI LIVING WAGE ORDINANCE -
A. Florida Minimum Wage. In accordance with the Constitution of the State of Florida, Article X, Section 24,
employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it
is the Successful Bidder's/Contractor's and their subcontractor's responsibility to understand and comply with this
Florida minimum wage requirement and pay its employees the current established hourly minimum wage rate. This
minimum wage rate is subject to change or adjusted by the rate of inflation using the consumer price index ("CPI")
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.
It is the Bidder's and their subcontractor's (if applicable), full responsibility to determine whether any of their
employees may be impacted by this Florida Minimum Wage Law, at any given point in time during the term of the
Bid Contract. If impacted, Bidder must provide, with its bid, employee name(s), job title(s), job description(s), and
current pay rate(s). Failure to submit this information at the time of bid submittal constitute Successful
Bidder's/Contractor's acknowledgement and understanding that the Florida Minimum Wage Law will not impact its
prices throughout the term of the Bid Contract, and a waiver of any contractual price increase request(s). The City
reserves the right to request and the Successful Bidder/Contractor must provide for any, and all information to make
a wage and contractual price increase(s) determination.
B1 City of Miami Living Wage Ordinance. The City of Miami adopted a Living Wage Ordinance for City Service
Contracts with a total contract value exceeding $100,000 annually, and that have been competitively solicited and
awarded on, or after January 1, 2017 by the City.
"Service Contract" means a contract to provide services to the City, excluding, however, professional services as
defined by the "Consultants Competitive Negotiation Act" set forth in F.S. § 287.055, and Section 18-87 of the City
Code, and/or the other exclusions provided by Section 18-557 of the City Code. Section 18-557 is attached as
Attachment A. Please see provisions in Attachment A.
If a solicitation requires services, effective on January 1, 2017, Contractors must pay to all its employees, who provide
services, a living wage of no less than $15.00 per hour without health benefits; or a wage of no less than
$13.19 an hour, with health benefits.
This language is only a summary of the key provisions of the City of Miami Living Wage Ordinance. Please review
Attachment A, attached hereto, for a complete and thorough description of the City of Miami Living Wage Ordinance.
1.39. GOVERNING LAW AND VENUE - The validity and effect of any Bid Contract as a result of this Formal
Solicitation shall be governed by the laws of the State of Florida. The parties agree that any action, mediation, or
arbitration arising out of the Bid Contract shall take place in Miami -Dade County, Florida. In any action or proceeding
each party shall bear their own respective attorney's fees.
1.40. HEADINGS AND TERMS - The headings to the various paragraphs of the Bid Contract have been inserted
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for convenient reference only and shall not in any manner be construed as modifying, amending, or affecting in any
way, the expressed terms and conditions hereof.
1.41. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person, firm,
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 (IIHI), 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
and reasonable assurances that IIHI/PHI will be held confidential;
E. Making 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.
PHI shall maintain its protected status regardless of the form and method of transmission (i.e., paper records, and/or
electronic transfer of data). The Successful Bidder/Contractor 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 -Successful Bidder/Contractor shall indemnify, hold and save harmless, and defend (at
its own cost and expense), the City, its officers, agents, directors, and/or employees, from all liabilities, damages,
losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the
negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of Successful
Bidder/Contractor and persons employed or utilized by Successful Bidder/Contractor in the performance of this
Contract. The Successful Bidder/Contractor shall further, hold the City, its officials and employees, indemnify, save
and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or proceeding is brought against
the City by reason of any such claim or demand, the Successful Bidder/Contractor shall, upon written notice from the
City, resist and defend such action or proceeding by counsel satisfactory to the City. The Successful Bidder/Contractor
expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by the
Successful Bidder/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 the Successful Bidder/Contractor to defend, at its own expense, to
and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense,
at the City's option, any and all claims of liability and all suits and actions of every name and description which may
be brought against the City, whether performed by the Successful Bidder/Contractor, or persons employed or utilized
by the Successful Bidder/Contractor.
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the laws
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of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections
725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
Successful Bidder/Contractor shall require all sub-consultant/contractor agreements to include a provision that each
sub -contractor will indemnify the City in substantially the same language as this Section. The Successful
Bidder/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 Successful Bidder/Contractor in which the City participated either through
review or concurrence of the Consultant's actions. In reviewing, approving or rejecting any submissions by the
Successful Bidder/Contractor or other acts of the Successful Bidder/Contractor, the City, in no way, assumes or shares
any responsibility or liability of the Successful Bidder/Contractor or sub-consultant/contractor under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged
by the Successful Bidder/Contractor.
1.43. FORMATION AND DESCRIPTIVE LITERATURE - Bidders must furnish all information requested in the
spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder 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 bid, or on file with the City,
will not satisfy this provision.
1.44. INSPECTIONS - The City may, at reasonable times during the term of the Bid Contract, inspect Successful
Bidder's/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 Successful Bidder/Contractor, under the Bid Contract
conform to the terms and conditions of the Formal Solicitation. Successful Bidder/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 18-101) City Code, as same may be amended or supplemented, from time to
time, which, in conjunction with Section 18-102, providing for audits of City contractors, are applicable and are
deemed as being incorporated by reference as supplemental terms.
1.45. INSPECTION OF BID - Bids 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 results will be tabulated and may be furnished upon request, via fax or e-mail, to the
City's Procurement Contracting Officer, issuing the Formal Solicitation. Tabulations are also available on the City's
website following a recommendation for award.
1.46. INSURANCE - Within ten (10) days after receipt of Notice of Award, the Successful Bidder/Contractor, shall
furnish the evidence of insurance to the Procurement Department, as applicable. Submitted evidence of insurance shall
demonstrate strict compliance with all requirements stipulated in the Special Conditions section titled "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 certificate of
insurance is received within the specified time frame but not in the manner prescribed in the Formal Solicitation, the
Successful Bidder/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 Successful Bidder/Contractor fails to submit the required
insurance documents in the manner prescribed in the Formal Solicitation within fifteen (15) calendar days after receipt
of the Notice of Award, the Successful Bidder/Contractor shall be in default of the contractual terms and conditions
and will not be awarded the contract. Information regarding any insurance requirements shall be directed to the Risk
Management Director, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130,
305-416-1384.
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The Successful Bidder/Contractor shall be responsible for ensuring that the insurance documents required in
conjunction with this Section remain in effect for the duration of the contractual period; including any renewals and
extensions that may be exercised by the City.
1.47. INVOICES - Invoices submitted by Successful Bidder/Contractor to the City shall include the Purchase Order
number and description 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 -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."
1.49. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from Bidders a separate
Manufacturer's Certification of all statements made in the Bid. Failure to provide such certification may result in the
rejection of the Bid, or termination of the Bid Contract, for which the Bidder/Successful Bidder/Contractor shall bear
full liability.
1.50. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No Contract or
understanding to modify the Formal Solicitation and the resultant Purchase Order(s) or Bid Contract, if applicable,
shall be binding upon the City, unless made in writing by the City's Director of Procurement through the issuance of
a change order, addendum, amendment, or supplement to the Bid Contract, Purchase Order, or award sheet, as
applicable.
1.51. MOST FAVORED NATIONS - Successful Proposer shall not treat the City of Miami ("City") worse than any
other similarly -situated local government and, in this regard, grants the City a "most favored nations clause" meaning
the City will be entitled to receive and be governed by the most favorable terms and conditions that Successful
Bidder/Proposer grants now or in the future to a similarly situated local government.
1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in the Bid Contract will be deemed or
construed to create a partnership or joint venture between the City and Successful Bidder/Contractor, or to create any
other similar relationship between the parties.
1.53. 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 Successful Bidder's/Contractor's
expense. The non -conforming items not delivered in accordance with the stipulated delivery date in the Bid and/or
Purchase Order, may result in Successful Bidder/Contractor being found in default, in which event, any and all re -
procurement costs may be charged against the defaulted Successful Bidder/Contractor. Any violation of the above
stipulations may also result in the Successful Bidder/Contractor being removed from the City's supplier's list.
1.54. NONDISCRIMINATION - Successful Bidder/Contractor affirms that it shall not discriminate as to race,
gender, color, age, religion, national origin, marital status, or disability, in connection with its performance under the
Formal Solicitation. Furthermore, Successful Bidder/Contractor affirms that no otherwise qualified individual shall
solely by reason of their race, gender, 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,
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Successful Bidder/Contractor shall not discriminate against any person on the basis of race, gender, color, age,
religion, national origin, marital status or disability. All persons having appropriate qualifications shall be afforded
equal opportunity for employment.
1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve in the City's
best interest, the City reserves the right to advertise for, receive, and award additional contracts for the goods and/or
services described herein, and to make use of other competitively bid (governmental) contracts, agreements, or other
similar sources, for the purchase of the goods and/or services described herein, as may be available in accordance with
the applicable provisions of the City of Miami Procurement Ordinance.
It is hereby agreed and understood that the Formal Solicitation does not constitute the exclusive rights of the Successful
Bidder(s)/Contractor(s) to receive all orders that may be generated by the City, in conjunction with the Formal
Solicitation.
In addition, any and all goods, and/or 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 the Formal Solicitation, unless such purchases are determined to be in the best interest of the
City.
1.56.NOTICE REGARDING "CURES" - Bids submitted with irregularities, deficiencies, and/or technicalities that
deviate from the minimum qualifications and submission requirements of Request for Qualifications (RFQ), Request
for Proposals (RFP), invitation to bid (ITB), invitation for bids (IFB), invitation to quote (ITQ), Requests for Letters
of Interest (RFLI) and Request for Sponsorships (RFS) shall result in a non -responsive determination. any solicitation
issued after May 6, 2019, shall comply with APM 2-19. APM 2-19 is attached hereto. only minor irregularities,
deficiencies, and technicalities may be allowed to be timely cured by the proposer at the sole discretion of the city.
material irregularities, deficiencies, and technicalities cannot be cured by the proposer, and are not waivable by the
city.
BIDS SUBMITTED WITH IRREGULARITIES, DEFICIENCIES, AND/OR TECHNICALITIES THAT
DEVIATE FROM THE MINIMUM QUALIFICATIONS AND SUBMISSION REQUIREMENTS OF THIS
IFB SHALL RESULT IN A NON -RESPONSIVE DETERMINATION. The City will not give consideration to
the curing of any Bids that fail to meet the minimum qualifications and submission requirements of this IFB. Proposer
understands that non -responsive Bids will not be evaluated.
1.57. OCCUPATIONAL LICENSEBUSINESS TAX RECEIPT - Any person, firm, corporation, or joint venture,
with a business location within the City's municipal boundaries and is submitting a Bid under the Formal Solicitation
shall meet the City's Business Tax Receipt requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside of the City's municipal boundaries shall meet their local Occupational
License/Business Tax Receipt requirements. A copy of the Occupational License/Business Tax Receipt must be
submitted with the Bid; however, the City may, in its sole discretion, and in its best interest, allow the Bidder to
provide the Occupational License/Business Tax Receipt to the City during the evaluation period, but prior to award.
A Certificate of Use ("CU") will be required if applicable under City regulations.
1.58. ONE PROPOSAL - Only one (1) Bid from an individual, firm, partnership, corporation, or joint venture will
be considered in response to the Formal Solicitation, unless otherwise stipulated in the Formal Solicitation.
1.59. 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/Contractor, pursuant to the
Formal Solicitation shall at all times remain the property of the City, and shall not be used by the Successful
Bidder/Contractor for any other purposes whatsoever, without the written consent of the City.
1.60. PARTIAL INVALIDITY - If any provision of the Bid Contract or the application thereof, to any person or
circumstance, shall to any extent be held invalid, then the remainder of the Bid 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
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each provision of the Bid Contract shall be valid and enforced to the fullest extent permitted by law.
1.61. PERFORMANCE/PAYMENT BOND - A Successful Bidder/Contractor may be required to furnish a
Performance/Payment Bond as part of the requirements of the Bid Contract, in an amount equal to one hundred percent
(100%) of the Bid Contract price. Any bond furnished will comply with Florida Law, and be in a form acceptable to
the City of Miami Risk Management Director.
1.62. PREPARATION OF BIDS - Bidders are expected to examine the specifications, required delivery, drawings,
and all special and general conditions.
A. Each Bidder shall furnish the information required in the Formal Solicitation. The Bidder shall print, type or
manually enter the all requested information, sign and upload the Certification Statement.
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 shall include in
their Bid all taxes, insurance, social security (if applicable), workmen's compensation, and any other benefits normally
paid by the Bidder 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" column for each item
offered. In case of a discrepancy between the unit price and extended price, the unit price will prevail.
C. The Bidder must state a definite time, if required, in calendar days, for delivery of goods and/or services.
D. The Bidder should retain a copy of all response documents for future reference.
E. All Bids, as described, must be fully completed and typed, or printed in ink and must be signed in ink with the
Bidder's name, and by an officer or employee having authority to represent the Bidder by their signature. Bids having
any erasures or corrections, must be initialed in ink by person signing the Certification Statement or the Bid may be
rejected.
F. Bids shall remain valid for at least 180 days. Upon award of a Bid Contract, the content of the Successful
Bidder's/Contractor's Bid, may be included as part of the Bid Contract, at the City's discretion.
G. The City 's Bid Forms shall be used when Bidder is submitting its Bid. Use of any other forms, will result in the
rejection of the Bid.
1.63. PRICE ADJUSTMENTS - Any price decrease effectuated during the Bid Contract period, either by reason of
market change, or on the part of the Successful Bidder/Contractor to other customers shall be passed on to the City.
1.64. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes
unavailable during the term of the Bid Contract, the Successful Bidder/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.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -Successful
Bidder/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 the Bid Contract and that the Successful Bidder/Contractor 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 the Bid Contract.
1.66. PROMPT PAYMENT — Bidders may offer a cash discount for prompt payment; however, discounts shall not
be considered in determining the lowest net cost for Bid evaluation purposes.
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Bidders 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 must enter zero (0) for the percentage discount to indicate no
discount. If the Bidder fails to enter a percentage, it is understood and agreed that the terms shall be two percent (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 Bidder(s) during the
term of the contract. The City will comply with the Florida Prompt Payment Act, as applicable.
1.67. PROPERTY - Property owned by the City is the responsibility of the City. Such property fumished to a
Successful Bidder/Contractor for repair, modification, study, etc., shall remain the property of the City. Damages to
such property occurring while in the possession of the Successful Bidder/Contractor shall be the responsibility of the
Successful Bidder/Contractor. Damages occurring to such property while in route to the City, shall be the
responsibility of the Successful Bidder/Contractor. In the event that such property is destroyed, or declared a total loss,
the Successful Bidder/Contractor shall be responsible for the replacement value of the property, at the current market
value, less depreciation of the property, if any.
1.68. PROVISIONS BINDING - Except as otherwise expressly provided in the resultant Bid Contract, all
covenants, conditions and provisions of the resultant Bid Contract, shall be binding upon, and shall inure to the benefit
of the parties hereto and their respective heirs, legal representatives, successors, and assigns.
1.69. 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:
A. Submit a Bid to provide any goods or services to a public entity.
B. Submit a Bid on a contract with a public entity for the construction or repair of a public building or public work.
C. Submit responses on leases of real property to a public entity.
D. Be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public
entity.
E. Transact business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS — Successful Bidder/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 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. Successful Bidder/Contractor shall additionally comply with
the provisions of Section 119.0701, Florida Statutes, titled "Contracts; public records".
Successful Bidder/Contractor shall additionally comply with Section 119.0701, Florida Statutes, including without
limitation:
A. Keep and maintain public records that ordinarily and necessarily would be required by the City to perform this
service.
B. Provide the public with access to public records on the same terms and conditions as the City would at the cost
provided by Chapter 119, Florida Statutes, or as otherwise provided by law.
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C. Ensure that public records that are exempt or confidential and exempt from disclosure are not disclosed except as
authorized by law.
D. Meet all requirements for retaining public records and transfer, at no cost, to the City all public records in its
possession upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential
and exempt from disclosure requirements.
E. All electronically stored public records must be provided to the City in a format compatible with the City's
information technology systems. IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE DIVISION OF
PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS@MIAMIGOV.COM, OR
REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 SW 2ND AVENUE, 9TH
FL, MIAMI, FL 33130. THE CONSULTANT MAY ALSO CONTACT THE RECORDS CUSTODIAN AT
THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS CONTRACT.
Successful Bidder/Contractor's failure or refusal to comply with the provision of this Section shall result in the
immediate cancellation of the Bid Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, AND PRODUCTS - All materials used in the
manufacturing, or construction of supplies, or materials, covered by the Formal Solicitation shall be new. The items
bid shall be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as
otherwise specified in the Formal Solicitation.
1.72. QUALITY OF WORK/SERVICES - The work/services performed shall 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 the Formal Solicitation.
1.73. REMEDIES PRIOR TO AWARD (SECTION 18-106) - If prior to a Bid Contract award, it is determined
that a Formal Solicitation or proposed bid award is in violation of law, then the Formal Solicitation or proposed bid
award shall be cancelled and all bids rejected by the City Commission, the City Manager, or the Chief Procurement
Officer, as may be applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (SECTION 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 disputes between the Successful Bidder/Contractor 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 disputes 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
final 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.
1.75. RESOLUTION OF PROTESTED SOLICITATIONS AND AWARDS (SECTION 18-104):
(a) Right to protest
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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 $25,000.00. Protests thereon
shall be governed by the administrative policies and procedures of purchasing.
(1) Protest of solicitation.
a. 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 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
b. Any prospective bidder who intends to contest bid specifications or a bid 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 bid 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.
a. Any actual proposer who perceives itself aggrieved in connection with the recommended award of 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 two days after receipt by the proposer of the notice of the city manager's recommendation
for award of contract. The receipt by proposer 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; or
b. 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.
c. A written protest based on any of the foregoing must be submitted to the chief procurement officer within five
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
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shall not be included. The last day of the period so computed shall be included unless 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; hearing officer(s).
Hearing officers appointed by the city shall have authority to resolve protests filed under this chapter of the City
Code. The city manager shall appoint a hearing officer, from a separate list of potential hearing officers pre -approved
by the city commission, to resolve protests filed in accordance with this section, no later than five working days
following the filing of a bid protest. The hearing officer shall have the authority to settle and resolve any written
protest. The hearing officer shall submit said decision to the protesting party and to the other persons specified
within ten days after he/she holds a hearing under the protest.
(1) Hearing officer. The hearing officer may be a special master as defined in chapter 2, article X, section 2-811 of
the City Code, or a lawyer in good standing with the Florida Bar for a minimum of ten years with a preference given
to a lawyer who has served as an appellate or trial court judge. The hearing officer may be appointed from alternative
sources (e.g. expert consulting agreements, piggyback contracts, etc.) where the city commission adopts a
recommendation of the city attorney that such action is necessary to achieve fairness in the proceedings. The
engagement of hearing officers is excluded from the procurement ordinance as legal services. The hearing officers
appointed in the pre -qualified group should be scheduled to hear protests on a rotational basis.
(2) Right ofprotest. Any actual bidder or proposer who has standing under Florida law dissatisfied and aggrieved
with the decision of the city regarding the protest of a solicitation or the protest of an award as set forth above in
this section may request a protest hearing. Such a written request for a protest hearing must be initiated with a notice
of intent to protest followed by an actual protest as provided in subsection 18-104(a). The notice of intent to protest
and the actual protest must each be timely received by the chief procurement officer and must comply with all
requirements set forth in subsection 18-104(a). Failure to submit the required notice of intent to protest and the
actual protest within the specified timeframes will result in an administrative dismissal of the protest.
(3) Hearing date. Within 30 days of receipt of the notice of protest, the chief procurement officer shall schedule a
hearing before a hearing officer, at which time the person protesting shall be given the opportunity to demonstrate
why the decision of the city relative to the solicitation or the award, which may include a recommendation for award
by the city manager to the city commission, as applicable, should be overturned. The party recommended for award,
if it is a protest of award, shall have a right to intervene and be heard.
(4) Hearing procedure. The procedure for any such hearing conducted under this article shall be as follows:
a. The city shall cause to be served by certified mail a notice of hearing stating the time, date, and place of the
hearing. The notice of hearing shall be sent by certified mail, return receipt requested, to the mailing address of the
protester.
b. The party, any intervenor, and the city shall each have the right to be represented by counsel, to call and examine
witnesses, to introduce evidence, to examine opposing or rebuttal witnesses on any relevant matter related to the
protest even though the matter was not covered in the direct examination, and to impeach any witness regardless of
which party first called him/her to testify. The hearing officer may extend the deadline for completion of the protest
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hearing for good cause shown, but such an extension shall not exceed an additional five business days. The hearing
officer shall consider the written protest and supporting documents and evidence appended thereto, supporting
documents or evidence from any intervenor, and the decision or recommendation as to the solicitation or award
being protested, as applicable. The protesting party, and any intervenor, must file all pertinent documents supporting
his/her protest or motion to intervene at least five business days before the hearing, as applicable. The hearing officer
shall allow a maximum of two hours for the protest presentation and a maximum of two hours for the city response.
When there is an intervenor, a maximum of two hours will be added for the intervenor. In the event of multiple
protests for the same project, the hearing officer shall allocate time as necessary to ensure that the hearing shall not
exceed a total of one day.
c. The hearing officer shall consider the evidence presented at the hearing. In any hearing before the hearing officer,
irrelevant, immaterial, repetitious, scandalous, or frivolous evidence shall be excluded. All other evidence of a type
commonly relied upon by reasonably prudent persons in the conduct of their affairs shall be admissible whether or
not such evidence would be admissible in trial in the courts of Florida. The hearing officer may also require written
summaries, proffers, affidavits, and other documents the hearing officer determines to be necessary to conclude the
hearing and issue a final order within the time limits set forth by this section.
d. The hearing officer shall determine whether procedural due process has been afforded, whether the essential
requirements of law have been observed, and whether the decision was arbitrary, capricious, an abuse of discretion,
or unsupported by substantial evidence as a whole. Substantial evidence means such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.
e. Within ten days from the date of the hearing, the hearing officer shall complete and submit to the City Manager,
the City Attorney, any intervenor, the Chief Procurement Officer, and the person requesting said hearing a final
order consisting of his/her findings of fact and conclusions of law as to the denial or granting of the protest, as
applicable.
f. The decisions of the hearing officer are final in terms of city decisions relative to the protest.
Any appeal from the decision of the hearing officer shall be in accordance with the Florida Rules of
Appellate Procedure.
(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 (f), 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 resolved 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.
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(e) Costs.
All costs accruing from a protest shall be assumed by the protestor.
(f) Filing fee.
The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to
the city in an amount equal to one percent of the amount of the bid or proposed contract, or $5,000.00, 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. (Ord. No. 12271, § 2, 8-22-02; Ord. No. 13629,
§ 2, 9-8-16)
1.76. 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) will be notified by the City to remove such samples, at Bidder's expense,
within 30 days after notification. Failure to remove the samples will result in such samples becoming the property of
the City.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Successful Bidder/Contractor
shall not sell, assign, transfer, or subcontract at any time during the term of the Contract, the Contract itself, or any
portion thereof, or any part of its operations, or assign, sell, pledge, dispose, convey, or encumber any portion of the
performance required by this Bid 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.
1.78. SERVICE AND WARRANTY - When specified, the Bidder shall define all warranty, service, and
replacements that will be provided. Bidders must explain on the Bid to what extent warranty and service facilities are
available. A copy of the manufacturer's warranty, if applicable, should be submitted with Bidder's response.
1.79. SILENCE OF SPECIFICATIONS - The apparent silence of the scope of work/specifications, and any
supplemental scope of work/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 shall be used. All workmanship and services shall be first quality.
All interpretations of the scope of work/specifications shall be made upon the basis of this statement.
If Bidder has a current contract with the State of Florida, Department of General Services, to supply the items in the
Formal Solicitation, the Bidder shall quote not more than the contract price; failure to comply with this request will
result in disqualification of the Bid.
1.80. SUBMISSION AND RECEIPT OF BIDS - Electronic Bid submittals to this IFB are to be submitted through
BidSync Electronic Bidding System ("BidSync") until the date and time as indicated in the Solicitation. The
responsibility for submitting a Bid on/or before the stated closing time and date is solely and strictly the responsibility
of the Bidder. The City will in no way be responsible for delays caused by technical difficulties or caused by any
other occurrence. Electronic Bid submissions may require the uploading of electronic attachments. The submission
of attachments containing embedded documents or proprietary file extensions is prohibited. All documents should be
attached as individual files and labeled. Any Bids received and time stamped through BidSync, prior to the Bid
submittal deadline shall be accepted as timely submittal anything thereafter will be rejected. Additionally, BidSync
will not allow for the electronic Bid submittal after the closing date and time has lapsed. Bids will be opened promptly
at the time and date specified.
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All expenses involved with the preparation and submission of Bids to the City, or any work performed in connection
therewith, shall be borne by the Bidder(s). Accordingly, Bidder(s):
1. Must register, free of charge, with BidSync Electronic Bidding System ("BidSync") to establish an account in
order to have access to view and/or respond to any solicitations issued by the City of Miami's Procurement
Department ("City").
2. Shall submit all Bids electronically. Hard copy Bid submittals will not be accepted. NO EXCEPTIONS.
3. Must submit the Certification Statement and associated solicitation documents which define requirements of
items and/or services to be purchased, and must be completed and submitted as outlined within the solicitation
via BidSync . The use of any other forms and/or the modification of City forms will result in the rejection of
the Bidder's Bid submittal.
4. Shall ensure that the Certification Statement is fully completed and provided with your Bid. Failure to comply
with these requirements may cause the Bid to be rejected.
5. Must ensure that an n authorized agent of the Bidder's firm signs the Certification Statement and submits it
electronically. FAILURE TO SIGN THE CERTIFICATION STATEMENT SHALL DEEM THE BID
NON -RESPONSIVE.
6. May be considered non -responsive if Bids do not conform to the terms and conditions of this solicitation.
1.81. TAXES - The City is exempt from any taxes imposed by the State and/or Federal Government. Exemption
certificates will be provided upon request. Notwithstanding, Bidders should be aware that all materials and supplies
that are purchased by the Bidder for the completion of the Bid 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.
1.82. TERMINATION - The City Manager, on behalf of the City, reserves the right to terminate the Bid Contract by
written notice to the Successful Bidder/Contractor effective as of the date specified in the notice, should any of the
following apply:
A. The Successful Bidder/Contractor is determined by the City, to be in breach of any of the terms and conditions of
the Bid Contract.
B. The City has determined that such termination will be in the best interest of the City, to terminate the Bid Contract
for its own convenience;
C. Funds are not available to cover the cost of the contracted goods and/or services. The City's obligation is contingent
upon the availability of appropriate funds.
1.83. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services have been
received, inspected, and found to comply with award specifications, free of damage, or defect, and properly invoiced.
Payment will be made after delivery, within forty-five (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.
1.84. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of the Formal 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 in the Bid. Deliveries shall be made during regular City business hours, unless otherwise specified
in the Special Conditions.
1.85. TITLE - Title to the goods shall not pass to the City until after the City has inspected and accepted the goods
or used the goods, whichever comes first.
1.86. TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE -All Bids submitted to the City
are subject to public disclosure, pursuant to Chapter 119, Florida Statutes. An exception may be made for "trade
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secrets." If the Bid 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
Bidder's name, the Formal Solicitation number, and title marked on the outside.
Please be aware that the designation of an item as a trade secret by Bidder may be challenged in court by any person.
By Bidder's designation of material in Bidder's Response as a "trade secret" Bidder agrees to indemnify and hold
harmless the City for any award to a plaintiff for damages, costs, or attorney's fees and for costs and attorney's fees,
incurred by the City, by reason of any legal action challenging Bidder's claim.
1.87. UNAUTHORIZED WORK OR DELIVERY OF GOODS - Neither the Successful Bidder/Contractor nor
any of their employees shall perform any work, or deliver any goods, unless a change order or purchase order is issued
and received by the Successful Bidder/Contractor. The Successful Bidder/Contractor will not be paid for any work
performed, or goods delivered outside the scope of the Bid Contract, or any work performed by Successful
Bidder's/Contractor's employee(s) not otherwise previously authorized.
1.88. 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 the
Formal Solicitation shall be mentioned, or imply the name of the City, without prior express written permission from
the City Manager, or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS - For purposes of the Formal Solicitation evaluation, Bidder(s) must
indicate any variances from the Formal Solicitation scope of work/specifications and/or conditions, no matter how
slight. If variations, are not stated on their Bid, it will be assumed that the product fully complies with the Formal
Solicitation's scope of work/specifications.
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2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for the provision of BMW Police Motorcycle(s) Model No.
R125ORT-P or newer and the installation of ancillary accessories and equipment, from an authorized BMW
motorcycle dealership, 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 electronically via the Bidsync Portal. All
questions must be received no later than Monday, August 10, 2020 @ 3:00 PM. All responses to questions will be sent
to all prospective bidders/proposers in the form of an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALLY OR AFTER SAID DEADLINE.
2.3. PRE-BID/PRE-PROPOSAL CONFERENCE
A Virtual Voluntary pre -bid conference will be held on Wednesday, August 5, 2020 @ 11:00 a.m., via Teams
Join Microsoft Teams Meeting or via phone +1 786-530-7005 Conference ID: 814 739 45#
A discussion of the requirements of the Solicitation will occur at that time. Each potential Bidder is required,
prior to submitting a Proposal, to acquaint itself thoroughly with any and all conditions and/or requirements
that may in any manner affect the work to be performed. All questions and answers affecting the scope of
work/specifications of the IFB will be included in an addendum, that will be distributed through BidSync,
following the Pre -Proposal Conference to all the attendees. Because the City considers the Pre -Proposal
Conference to be critical to understanding the Solicitation requirements, attendance is highly recommended.
2.4. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for three (3) years with the
option to renew for two (2) additional one (1) year periods, 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.
25. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
(1) Continued satisfactory performance compliance with the specifications, terms and conditions established
herein.
(2) Availability of funds
2.6. 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 the Successful Bidder(s) or his
assignee of such occurrence, shall have the unqualified right to terminate the contract without any penalty or expense
to the City. No guarantee, warranty or representation is made that any project(s) will be awarded to any firm(s).
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2.7. METHOD OF AWARD
Award of this contract will be made to the lowest responsive and responsible Bidder who bids on all items and whose
bid offers the lowest price on the motorcycles, when all items are added in the aggregate and meets Specifications,
herein. The percentage discount on parts will not be evaluated to determine the lowest price.
2.8. SUBMISSION REQUIREMENTS
Please refer to Section 1.80, Notice Regarding "Submission and Receipts of Bids" of the General Terms and
Conditions of this Solicitation.
2.9. BALANCE OF LINE
While the City has listed all needed items on the bid solicitation, there may be ancillary items that may be purchased
by the City during the term of this contract. For this reason, Bidders are requested to quote the minimum percentage
discount that will be offered to the City for Accessories, and Parts not listed in this solicitation.
2.10. REFERENCES
Each bid must be accompanied by a list of three (3) references, as reflected in the Certifications Section of this
Solicitation, which shall include the name of the company, dates of contract, description of goods/services supplied,
a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS LIST.
2.11. TIE BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the City 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:
(1) Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or
use 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 of, 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.
(6) Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section.
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2.12. CURES
Please refer to Section 1.56, Notice Regarding "Cures" of the General Terms and Conditions of this Solicitation.
2.13. BIDDERS MINIMUM QUALIFICATIONS
Bids will be considered only from firms that are regularly engaged in the business of providing goods and/or services
as described in this Bid; that have a record of performance for the last three (3) years with same FEI number; and that
have sufficient financial support, equipment and organization to insure that they can satisfactorily provide the goods
and/or services if awarded a Contract under the terms and conditions herein stated. Bidder shall:
(1) 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.
(2) Have no record of pending lawsuits or criminal activities and have never been declared bankrupt.
(3) Bidder shall have a franchise agreement or dealer sales and service agreement for the BMW Motorcycles. Proof
of these agreements shall be provided with the bid submittal.
2.14. INSURANCE REQUIREMENTS
INDEMNIFICATION
Successful Bidder(s) shall indemnify, hold and save harmless, and defend (at its own cost and expense), the City, its
officers, agents, directors, and/or employees, from all liabilities, damages, losses, judgements, and costs, including,
but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or
omission, or intentional wrongful misconduct of Successful Bidder(s) and persons employed or utilized by Successful
Bidder(s) in the performance of this Contract. Successful Bidder(s) shall further, hold the City, its officials and
employees, indemnify, save and hold harmless for, and defend (at its own cost), the City its officials and/or 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. In the event that any action or
proceeding is brought against the City by reason of any such claim or demand, the Successful Bidder(s) shall, upon
written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. The
Successful Bidder(s)expressly understands and agrees that any insurance protection required by this Contract or
otherwise provided by the Successful Bidder(s) 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 the Successful Bidder(s) to defend, at its own expense, to and
through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the
City's option, any and all claims of liability and all suits and actions of every name and description which may be
brought against the City, whether performed by the Successful Bidder(s), or persons employed or utilized by Successful
Bidder(s).
These duties will survive the cancellation or expiration of the Contract. This Section will be interpreted under the
laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of
Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended.
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Successful Bidder(s) shall require all sub -contractor agreements to include a provision that each sub -contractor will
indemnify the City in substantially the same language as this Section. The Successful Bidder(s) 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 Successful Bidder(s) in which the City participated either through review or concurrence of the Successful Bidder's
actions. actions. In reviewing, approving or rejecting any submissions by the Successful Bidder or other acts of the
Successful Bidder(s), the City, in no way, assumes or shares any responsibility or liability of the Successful Bidder(s)
or sub -contractor under this Contract.
Ten dollars ($10) of the payments made by the City constitute separate, distinct, and independent consideration for
the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged
by the Successful Bidder(s).
Upon City's notification of an awarded spot market quote order for specific items in Group 5, the Bidder shall furnish
to the City of Miami, c/o Procurement Department, 444 SW 2nd Avenue, 6th Floor, Miami, Florida 33130.
Certificates of Insurance that indicate that insurance coverage has been obtained, which meets the requirements as
outlined below:
(I.) Commercial General Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence - $500,000
Products/Completed Operations - $1,500,000
B. Endorsements Required
City of Miami listed as an additional insured
Contingent and Contractual Liability
Premises and Operations Liability Primary
Insurance Clause Endorsement
(II.) Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Any Auto
Including Hired, Borrowed or Non -Owned Autos
Any One Accident - $500,000
B. Endorsements Required
City of Miami included as an Additional Insured
(III.) Worker's Compensation
Limits of Liability
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City of Miami Solicitation 1211389
Statutory -State of Florida
Waiver of Subrogation
Employer's Liability
A. Limits of Liability
$1,000,000 for bodily injury caused by an accident, each accident
$1,000,000 for bodily injury caused by disease, each employee
$1,000,000 for bodily injury caused by disease, policy limit
(IV.) Umbrella Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence - $ 5,000,000
Aggregate (Products & Comp/OP AGG) - $ 5,000,000
Excess Follow Form over Garage and Auto policies
(V.) Garage keepers Legal Liability - $500,000
BINDERS ARE UNACCEPTABLE.
The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals,
which most nearly reflect the operations of the Bidder.
All insurance policies required above shall be issued by companies authorized to do business under the laws of the
State of Florida, with the following qualifications:
The Company must be rated no less than "A" as to management, and no less than "Class V" as to financial strength,
by the latest edition of Best's 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.
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 Successful Bidder(s) 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 Successful Bidder(s) 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:
(4) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner
prescribed in the Invitation To Bid.
(5) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the
Successful Bidder(s) in conjunction with the General and Special Terms and Conditions of the Bid.
The Successful Bidder(s) 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 Successful Bidder(s).
2.15. WARRANTY, FITNESS FOR PURPOSE
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The Successful Bidder(s) 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 material must
be fit for that particular purpose. The Successful Bidder(s) and the City agree that orders under this contract do not
exclude, or in any way limit, other warranties, provided in this agreement or by law.
2.16. NO SUBSTITUTIONS
Manufacturer's name, brand name and model/style number when used in these specifications are for the sole purpose
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 material, unless otherwise indicated.
When "No Substitution" is used in combination with a manufacturer's name, brand name and/or model number that
named item is the only item that will be accepted by the City.
2.17. ADDITIONS/DELETIONS OF ITEMS/PRODUCTS/SUPPLIERS
Although this solicitation identifies specific item/products/services/suppliers to be performed, it is hereby agreed
and understood that any item/product/services/suppliers may be added/deleted to/from this Contract at the sole
discretion of the City. When an addition to the Contract is required, the Successful Bidder(s) under this Contract
shall be invited to submit price quotes for these new items/products. If these quotes are comparable with market
prices offered for similar items/products, they shall be added to the Contract whichever is in the best interest of the
City and an addendum and a separate purchase order shall be issued by the City.
2.18. PRIMARY CLIENT (FIRST PRIORITY)
The Successful Bidder(s) agree upon award of this Contract that the City of Miami shall be its primary client and shall
be serviced first during a schedule conflict arising between this Contract and any other Contract Successful Bidder(s)
may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such
as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately
the same time.
2.19. DELIVERY
Successful Bidder(s) shall specify the estimated delivery time (in calendar days) for each item. The delivery time
should be your best estimate, as orders will be placed based on that information.
Point of Destination: All motorcycles shall be delivered F.O.B. Miami, inside the premises, to the following location,
unless otherwise stated:
City of Miami
General Service Administration (GSA)
Garage/Motor-Pool Division
1390 NW 20th Street,
Miami, Florida 33142
220. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS
Successful Bidder(s) hereby acknowledges and agrees that all materials/products, except where recycled content is
specifically requested, supplied by the Successful Bidder(s) in conjunction with this Bid shall be new, warranted for
their merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to the City by
the Successful Bidder(s) are found to be defective or do not conform to specifications, the City reserves the right to
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cancel the order and return such materials/products to the Successful Bidder(s) to replace the materials/products at the
Successful Bidder(s) expense.
2.21. METHOD OF PAYMENT
Full payment will be made upon receipt and acceptance of a complete unit(s). No down or partial down payments
will be made.
2.22. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder(s) and/or should remedial action not be taken within 48
hours of 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.
2.23. ESCALATION CLAUSE
The City acknowledges the fluctuating nature of prices for items specified. Accordingly, an escalator/de-escalator
clause will be accepted only under the following conditions:
(1) Price increase(s) and price decrease(s) comparable to published manufacturer's price changes The maximum
percentage increase over first year term prices shall not to exceed published increase/decrease MSRP year by year.
Escalated prices in the succeeding contract year(s) of the Contract, if any, shall remain firm during the
applicable contract year.
(2) Receipt of proper notification to the Procurement Department, in writing, of all items affected by price
increases/decreases.
(3) Where all prices shall have remained firm for a minimum of 365 days after effective date of contract.
(4) All prices increase(s) and decrease(s) to be approved by the Procurement Director.
The City may, after review, refuse to accept the adjusted costs if they are not properly documented, increases are
considered to be excessive, or decreases are considered to be insufficient. In the event the City does not wish to accept
the adjusted costs, and the matter cannot be resolved to the satisfaction of the City, the City reserves the right to cancel
the contract upon giving thirty (30) days notice to the Successful Bidder.
2.24. PROJECT MANAGER
Upon award, Successful Bidder(s) shall report and work directly with John Babos, Fleet Superintendent, or
designee, who shall be designated as the Project Manager for the City.
2.25. PRODUCT/CATALOG INFORMATION
All Bidders must submit product information on the items they propose to furnish on this bid. Any bid received not
containing this information may be rejected for that reason. If catalog numbers shown in this bid are incorrect or
obsolete, it is the responsibility of the vendor to update or advise the City of this problem. The City will issue an
addendum to correct and update catalog numbers, when applicable. The catalog number you show on your bid is the
one the City will expect to receive.
2.26. COMPLETE PROJECT REQUIRED
The scope of these specifications is to insure the delivery of complete units, ready for operation. Omission of any
essential detail from these specifications does not relieve the supplier from furnishing a complete working unit to the
satisfaction of the City of Miami.
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2/7. TERMINATION
A. FOR DEFAULT
If the Successful Bidder(s) 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 Bidder(s) 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
Successful Bidder(s) was/were not in default or (2) the Successful Bidder(s)'s failure to perform is without his or his
subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of
the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon thirty (30) days prior written notice when it
is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or software, and so
terminated for the convenience by the City of Miami the Successful Bidder(s) 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.
2.28. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included as part of your solicitation 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
Conditions and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that
the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to this. If a Professional
Services Agreement (PSA) or other Agreement is provided by the City and is expressly included as part of this
solicitation, no additional terms or conditions which materially or substantially vary, modify or alter the terms or
conditions of the PSA or Agreement, in the sole opinion and reasonable discretion of the City will be considered.
Any and all such additional terms and conditions shall have no force or effect and are inapplicable to this PSA or
Agreement.
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3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
The City of Miami ("City") is requesting bids for the purchase of BMW Police Motorcycle Model No. R1250RT-
RT-P, with specialized police equipment and emergency vehicle identification including visual warning devices,
audible warning devices, communication equipment, specialized electronics equipment, firearms security mounts and
other required law enforcement vehicle accessories to meet operational needs of the City of Miami ("City") Police
Department ("Police").
GENERAL:
It is the intent of the City to procure motorcycles that meet the following specifications. The City is seeking a
police motorcycle to be used in high-speed highway traffic and law enforcement work. The motorcycle will at
times be operated at speeds above 120 —125 mph for both short and long distances at ambient temperatures ranging
from 20F to 120F. It will be driven on all types of roads and road surfaces and shall possess outstanding handling
characteristics, maneuverability, and stability.
The manufacturer in the selection of components will use materials and design practices that are the best available
in the industry for the type of operating conditions to which the motorcycle will be subjected. Frame, engine,
transmission, drive train, brake, suspension, wheel, tire and other component parts of the motorcycle shall be
selected to give maximum performance, service life and safety and not merely meet the minimum requirements
of this specification.
The term "heavy duty" as used in this specification shall mean that the item to which the term is applied shall
exceed the usual quantity, quality, or capacity supplied with standard production motorcycles; and it shall be able
to withstand unusual strain, exposure, temperature, wear and use.
Motorcycles offered in compliance with this specification must be manufacturer's police models. Police
accessories must be engineered and designed, or certified, by the manufacturer of the motorcycle to be compatible
with all other components, give dependable service and not degrade its handling characteristics or appearance.
3.1.1. RULES AND REGULATIONS:
Motorcycles shall comply with all applicable Florida Statutes Title XXIII, Motor Vehicles, Code of Federal
Regulations, Title 49, "Federal Motor Vehicle Safety Standard (FMVSS) and Florida Department of Highway
Safety and Motor Vehicles (FLHSMV) rules and regulations. Motorcycles shall also comply with all applicable
Society of Automotive Engineers standards and Health and Safety Code, (distance of radio equipment from the
operator's head, etc.) regulations. In addition, all motorcycles shall comply with all other Federal and State rules,
regulations and safety standards applicable to the vehicle type in effect on the date of the opening of the invitation
for bid.
Motorcycle shall be current year production model, two -wheel motorcycle, equipped for police service and having
a wheelbase of not less than 58 inches nor more than 65 inches. Each model shall visibly display the vehicle
identification number (VIN), gross vehicle weight rating (GVWR), date of manufacture and any other information
required by Federal or State regulation.
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3.1.2. TECHNICAL SPECIFICATIONS:
The poweitrain shall meet or exceed the following requirements:
1. Engine:
The engine shall be a heavy-duty "police package" of the manufacturer's standard engine, meeting, but
not limited to the following requirements:
A. Not less than 1250 cubic centimeters (cc) displacement.
B. Minimum of 2 cylinders.
C. Air or liquid cooled.
D. Shall be four cycle.
E. Shall produce not less than 136 hp.
F. Reciprocating engine parts to be balanced at the factory in an effort to reduce engine and
consequential motorcycle vibration during the service life of motorcycle.
G. Fuel injection with minimum recommended octane rating of 87 AKI, with enhanced performance
using higher octane fuels.
H. Electronic engine management system with automatic choke, variable valve timing, individual
cylinder pre-ignition, temperature and oxygen sensors to provide consistent operation under varied
conditions and fuels.
I. Dual ride modes: Rain mode for reduced power and early traction control intervention / Road mode
for full power and normal traction control intervention. Optional Dynamic mode enables direct throttle
and minor drifting.
J. Engine shall possess an oil level indicator to advise operator of low oil level.
K. Engine to be equipped with factory installed thermostatically -controlled radiator cooling fan to avoid
overheating.
2. Final Drive:
Shall be maintenance -free shaft drive.
3. Clutch:
A. To be latest type multiple disc, self -energizing, wet -type, hand operated.
B. Hand lever shall be located on left handlebar with adjustment for size of operator hand.
C. Hydraulic self-adjusting actuation providing automatic clutch lever free- play adjustment under all
service conditions.
4. Transmission:
A. Shall have a minimum of six (6) speeds.
B. Gears shall be constant mesh design.
C. Shift pattern shall be as follows: Neutral located between first and second gears, shall shift down from
neutral to first gear and up from neutral to second, third, fourth, fifth, etc.
D. Shall have foot shift lever designed to be operated by toe and shall not interfere with normal foot position
on foot peg.
E. Foot shift lever shall be located on left side with adjustment for size of rider's boot.
F. An indicator light and digital gear indicator display, readily visible to the rider, shall be provided to
indicate when the transmission is in neutral position as well as indicate the operating gear selected.
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5 Brakes:
A. Front and rear brakes shall be hydraulic controlled systems with independent rear wheel brake control.
Anti -Lock Brake System (ABS), traction control (ASC) and Hill -Start Control required. ABS Pro
providing ABS function while cornering is mandatory.
B. Front brakes shall be dual disc type, hand operated from the right handlebar with adjustability in lever
for size of operator hand. Shall provide full modulation to the limit of traction without loss of control.
C. Rear brake shall be disc type, foot operated with pedal located on right side. Linkage shall be close fitting
to eliminate any lost motion and designed to give trouble free service for the life of the motorcycle. Brake
pedal shall incorporate a non-skid pedal surface or pad to permit safe application and minimize the
possibility of the foot slipping off the brake pedal. Foot pedal and linkage shall be designed and located
so that full travel of pedal or rider's foot shall be such that brake can be applied without lifting heel from
the footrest.
D. Hydraulic hoses and metal lines shall be mounted and protected in such a manner so as to prevent them
from becoming damaged due to chafing, rubbing, or vibration. Brake lines and calipers shall be located
away from exhaust heat.
6. Frame/Suspension/Fiberglass/Sheet Metal:
A. Frame shall be carbon steel tubing / cast elements of such a design, construction and material to enhance
stability and handling characteristics with law enforcement equipment installed (radio, antenna, light
systems, and other components required by this specification). Vibration and other naturally occurring
forces shall not cause cracking of the motorcycle frame, suspension or body components when subjected
to normal police service.
B. Rear fork shall be swinging arm type with integral coil spring(s) and hydraulic/gas shock absorber(s).
Rear shock absorber(s) shall have adjustment to accommodate rider's weight.
C. Front forks to be hydraulic design and adjusted to permit the shortest possible turning radius and designed
for best handling characteristics in police service considering weight and weight distribution. Fork pre-
load shall not be gas pressure adjustable.
D. Frame, spring(s) and shock absorber(s) shall be adequate to handle rider plus the added weight of a
transistorized motorcycle certified radio transmitter and
E. receiver, radio box and saddlebags as engineered and installed for police service on rear of the
motorcycle. Electronic Suspension Adjustment (ESA) shall be standard equipment.
F. The minimum load -carrying capacity of the motorcycle as delivered shall be no less than 400 pounds
(GVWR minus unladen weight prior to installation of police -specific equipment).
7. Electrical System:
7.1 Chassis Electrical:
A. Shall be 12-volt system with LIN-bus / circuit breakers / protectors and/or fuses for protection
of all circuits from overload or short circuits.
B. Heavy duty altemator (500 watt minimum), with voltage regulator incorporating transient
voltage protection and dashboard digital system voltage display to alert driver to system voltage
condition.
C. Motorcycle shall incorporate a linked dual battery system, providing one heavy duty
maintenance -free primary battery for the operation of the motorcycle and anti -lock brake
system, and a second auxiliary maintenance -free battery for the operation of specialized police
equipment. Both batteries shall be linked to recharged from the central alternator during motor
operation. A heavy-duty relay triggered by the electrical management system shall disengage
the auxiliary battery when the engine is not running (or producing current) to enable all special
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police equipment to draw only from the auxiliary battery, thereby preserving the primary battery
to enable reliable restarting regardless of the length of the violator stop.
D. Starter shall be latest type 12-volt starting motor with solenoid and one- way clutch engagement.
Starter button shall be located on right handlebar. Shall feature a "clutch safety system" that
prevents the engine from being started when the clutch is engaged and the transmission is not in
neutral.
E. Motorcycle shall incorporate LIN-bus body controller to monitor and control all police
accessory circuits, provide timed shut -down of circuits and protect the system from parasitic
loads 30 minutes after vehicle shut -down. Body controller should also monitor auxiliary battery
voltage and shut -down circuits when needed to protect the auxiliary battery from severe
discharge damage.
7.2 Lighting:
A. Headlight to be single element low beam / dual element high beam, quartz halogen -with a high
beam indicator light mounted so that it is readily visible to the rider. High and low beams to be
controlled by a switch on the handlebar. A switch should be located on the handlebar which
allows front and rear lighting to be turned "on" or "off' with engine, operating, independent of
ignition switch. Tail light shall be fitted with multiple brake / tail light LED's with warning to
advise the operator if a brake / tail light fails.
B. Brake light shall provide illumination as required by FMVSS and be a multiple LED system
with warning to advise the operator if a brake light bulb fails.
High -mounted supplementary LED brake/tail light shall be fitted to provide additional rear
visibility. Supplementary light shall comply with all applicable SAE and CA Title 13
requirements.
C. LED turn signals designed and/or installed in such a manner as to be visible from the front and
rear, two (2) on the front and two (2) on the rear with indicator lights on dash panel. A separate
switch for the rear turn signal lights with indicator light shall permit the rear signal lights to flash
together, independent of the front signals. Turn signal switch for both left and right signals shall
be located on the handlebars and shall be the push to lock -on type with indicator lights which
will operate when the turn signals are in operation.
Side -facing LED auxiliary turn signal lights shall be located in the rear emergency light module
to allow motorists to better see signaling intentions while riding alongside other motorists. These
optional side turn signals will function when the individual turn signal is engaged as well as the
two-way or all -way flasher system.
D. Two (2) blue LED identification light strips shall be installed inside the lower rear light housing,
illuminated via the tail light circuit, or alternatively round blue LED identification lights on the
license plate holder.
E. Emergency Lights: To be modular LED lighting units which contain multiple LED light heads
optimally aimed for high visibility. Light heads shall be one each forward facing (left and right),
one each forward facing 10 degree outside angle, one each forward side facing, one each rear
side facing, one each (left and right) rear facing. Auxiliary rear facing duplex emergency light
(left and right integrated in one housing) shall be permanently attached to the radio antenna
mounting bracket, remaining rear facing when radio box lid is raised to access equipment.
F. Integrated, latching push button w/indicator to activate "cruise lights" shall be standard
equipment, providing 10% power to the front and rear facing emergency lights to satisfy cruise
light requirements. Cruise lights will remain on during emergency light operation when either /
or front or rear emergency light circuit is not activated.
G. Integrated rocker switch w/indicator to manually activate "alley lights" shall be standard
equipment. Switch will steadily illuminate the front left or right 3-up white alley light, regardless
of the emergency light activity. Alley lights shall have selector switch to allow alley lights to
flash alternatively with emergency lights with alley light switch over-riding emergency light
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flashing when desired.
H. Emergency light heads shall be non -flashing type controlled by processor -controlled flasher
system with multiple flash patterns and sequential light switching from a single push-button
switch. Flasher connected to siren InterClear function to enable secondary flashing pattern for 7
seconds each time siren mode is changed Primary and secondary flasher programming buttons
provided in secure location. Emergency lights shall operate with ignition switch in either the
"On" position, and up to 30 minutes after ignition "Off' position. Motor shall include two
indicator lights within the operator's field of vision to indicate when rear or front lights are "On".
I. Light color to be specified below:
front light color: left Red right Blue
f-10° light color: left Red right Blue
f-side light color: left Red right Blue
r-side light color: left Red right Blue
rear light color: left Red right Blue
aux. rear light color: left Red right Blue
J. Switches for control of all emergency equipment (siren, emergency lights, etc.) shall be located
on the handlebar and accessible without removing hands from the grips. Emergency light switch
shall be a momentary rocker switch with the following functions:
- First press = front & rear emergency lights
- Next press = rear emergency lights only
- Next press = front emergency lights only
- Next press = repeating as before
- Press & Hold Anytime = OFF
(or alternative sequence activated programming via dip switch#1)
- First press = rear emergency lights only
- Next press = front & rear emergency lights
- Next press = rear emergency lights only
- Next press = front emergency lights only
- Next press = repeating as before
- Press & Hold Anytime = OFF
K. Ignition switch, headlight switch, rear flashing amber light switch and all other switches not
specifically located in this specification, shall be mounted on the dash panel or on the handlebar
and be conveniently accessible by the rider.
L. The ignition, headlight and running light switches shall be designed and wired to permit the
engine to run without the headlight or running lights on.
M. Dash panel with instrument lights shall be angle adjustable to prevent glare / obstruct visibility.
N. Horn must have a minimum of 82 dB output measured at a height of 4' and at a distance of 50
feet directly ahead of motorcycle on an asphalt surface, with the engine at idle (SAE J377). Horn
button to be located on the left handlebar switch assembly. With motorcycle ignition "on", the
horn will activate the siren "air hom" function.
8. Handlebars:
Handlebars shall be chrome plated, stainless steel, or other corrosion resistant finish of the latest approved
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type suitable for police work and allow the officer to sit in an upright vertical position with both hands
on handlebar grips. Movement of the handlebars shall not be restricted by any accessory equipment or
windshield/fairing.
A. All exposed wiring to switches shall be encased in plastic loom and clamped to bars. All wiring
subjected to friction to be adequately protected to prevent wear and eventual grounding.
B. Handlebar grips to be of firm dark colored plastic and / or rubber which will not discolor hands.
C. Throttle control, to be located on right handlebar, shall allow no lost motion or play and shall return
to idle when hand is released from grip.
D. Throttle control shall incorporate an electronic cruise control system to enable the rider to
temporarily inhibit the throttle from closing to assist with hand signals. Cruise control should
disengage anytime the brakes are applied, the clutch lever is actuated or the throttle position is closed.
Cruise control should operate at low speed (from 9 mph up).
E. Handlebar control levers shall provide an adjustable cam to vary the lever reach from the grip to
accommodate various hand sizes.
F. Provision shall be made for mounting a radio control head system in the center of the handlebars,
gas tank console or fairing. Fairing dashboard shall contain radio speakers of 4 Ohms impedance to
broadcast radio traffic, pre -wired with for connection to mobile radio. Mounting of the radio control
head and microphone shall not obstruct visibility of indicators or accessibility of controls and
switches and shall be readily accessible when seated on the motorcycle.
G. Handlebar switches shall be standard for the activation of the following features:
1. Electronic gun lock release
2. Take -down lights (steady -bum and wig -wag modes)
3. Alley lights
4. Rear 2-way flashers, 4-way flasher
5. Radio speaker cut-off
6. Electronic speedometer pace -lock
7. Lights -OFF
8. Cruise lights
9. Fog lights (if so equipped)
10. Speedometer pace -lock
11. PTT, PTPA, PTT2, Siren, Emergency Lights
9. Tires and Wheels:
9.1 Tires:
To be first quality, bead retention, tubeless tires specifically approved by the manufacturer for police
service.
A. Each tire and wheel assembly shall be balanced. Lateral and radial run- out shall be within
the factory recommended tolerances.
B. Tires supplied shall be tested and approved by the manufacturer for use on the make
motorcycle requested.
C. Tires supplied must be readily available through motorcycle manufacturers distributors at
time of delivery of the first motorcycles supplied in compliance with these specifications.
D. Tires shall conform with the performance requirements listed in section 3.1.3.
E. Tire Pressure Monitoring (TPM) system provides continuous monitoring via digital reading
in dashboard information display of front and rear tire pressure. Dashboard Alert for slow
leak / Dashboard Warning for fast lose of air pressure.
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9.2 Wheels:
Front and rear wheels shall be alloy type. Front and rear wheel shall be designed to prevent tire
separation from rim if tire becomes flat. Rim shall be equipped with an interior shoulder that does
not permit dismounting of the sidewall bead from the shoulder and prevents subsequent movement
of the sidewall into center -recess of the rim or to the outside of the rim when tire is run flat. Rim
locks are not acceptable as an alternate to this specification. Tire pressure valve stem shall be side -
mounted for easy accessible for daily check / correction of tire pressure.
10. Mirrors:
Right and left side rear view mirrors are to be installed in such a manner to minimize vibration and shall
be:
A. Rectangular in shape. No less than 3-1/2" x 5" or 17 square inches.
B. Short shank, folding, mounted on the handlebars or breakaway design mounted to fairing shell.
C. Mirrors shall be "true vision" type.
11. Speedometer:
Shall be designed for police work. Shall be certified accurate digital unit within ± 2 mph throughout its
entire speed and temperature operating range as compared to the true motorcycle speed in which it is
installed.
A. Shall provide illuminated accurate easy -to -read digital display.
B. Shall provide a handlebar switch to press and lock the (pace) speed, displaying this speed on the
digital display adjacent to the primary speed display. The pace speed shall be erased through ignition
sessions.
C. Shall operate from the wheel speed sensor providing a digital reading that will not change with time
or wear (not require recalibration).
D. Tachometer shall be supplied.
12. Protection Bars:
Front (engine guard) and rear (bag guard) protection bars shall be shot -peen finished stainless steel
construction to resist corrosion. The front and rear protection bars shall also be designed to provide
mountings for the siren speakers and other accessories.
13. Fairing:
Shall be equipped with a frame mounted full fairing and electrically -adjustable windshield system
providing exceptional stability and protection from the elements.
A. Windshield shall be of clear polycarbonate, scratch -resistant, approved glazing material (Ref. Lexan
MR-4000 or equivalent).
B. Windshield angle should be electrically adjustable while riding via handlebar switch to provide
optimal protection / adjustment to minimize wind noise and optimize comfort to the operator.
C. Fairing and windshield system shall not cause imbalance of the motorcycle at any speed.
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14. Seat:
Shall be height -adjustable heavy-duty police type foam padded adjustable waterproof saddle covered
with black textured vinyl material that reduces heat -gain in sunlight.
Available seat sizes are low, regular and high. Each seat can be adjusted to one of two heights. Each seat
can be adjusted to five different heat settings for maximum comfort in cold weather.
15. Stands:
Side stand shall be of steel construction and have a minimum of two and one-half square inches of surface
on the ground when extended. Stand designed to support the weight of the motorcycle when loaded with
full police equipment.
A. Shall be mounted on left side.
B. Shall be designed so that the stand can be lowered and retracted with foot when seated on the
motorcycle.
C. So designed that it will not strike ground during hard left turns when retracted.
D. Amount of lean of motorcycle shall not exceed 15 degrees from vertical when stand is extended and
front wheel is in a straight -ahead position. Stand shall support motorcycle up to a 9 degree grade
without locking mechanism.
E. Center service stand shall be standard, permanently fitted to motor, raising the rear wheel off the
ground when deployed, to enable operator to rotate - check condition of either tire.
16. Footrests:
Shall be equipped with footrests so constructed that they will touch the ground prior to
other fixed component, fold in the event of contact with the ground, enabling a minimum lean angle of
40 degrees. Footrests shall not restrict the lean angle of the motorcycle.
17. Siren/Public Address System:
Electronic BMW twin speaker motorcycle siren/public address (PA) system will be SAE 11849 and CA
Title 13 compliant, shall be supplied and installed, operating only when ignition switch is "on". Siren to
produce electronic tones wail, yelp, hyper -yelp and air horn (hyper -yelp disable for California agencies
via ISPI). PA may be interfaced with mobile radio. Control switch shall have these operating modes:
(1) Momentary rocker push-button— single press to activate siren. Additional single press of push-button
will scroll through wail, yelp and hyper -yelp (when enabled). Press and hold of push-button
deactivates siren regardless of position in scroll cycle. Switch actuation shall be sufficiently precise
to enable siren "chirp" via double -tap switch operation.
(2) Horn button - siren air horn operates whenever ignition switch is "on" and horn button is pressed.
(3) Optional quick -detachable PA microphone and cable for use if motor will not be equipped with
helmet headset interface incorporating PA functionality.
(4) Helmet headset interface accommodation including standard PTT, PA and PTT2 switches, siren
InterClear input signal, PA input, PTT/PA input signals, interface power & ground, etc.
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18. Muffler:
A. Shall meet legal sound restrictions.
B. Shall be constructed of stainless steel to maximize useful life.
C. Muffler to be polished stainless steel finish with optional chrome plated finish.
19. Keys:
To have two keys provided for each motorcycle at time of delivery. Keys to contain anti- theft security
chip to disable ignition system unless the proper ignition key is utilized.
Additional keys available from delivering / servicing BMW dealer at additional cost. Keyless ride
transmitter system is also available as a factory option to enable keyless operation. Keyless ride units are
equipped with two key/transmitters. Additional key/transmitters are available from delivering / servicing
BMW dealer at additional cost.
20. Color:
Motorcycle finish and color to be combination of black and white (BMW color code 753) as follows:
A. Frames - Black.
B. Fenders - front white on painted area with black texture rain guard, rear black textured finish.
C. Fairing shall be black and white combination.
D. Saddlebags to have black sides and black lids. Radio box painted white.
Alternatively, all white (BMW color code 751), all black (BMW color code 716), Glacier Silver Metallic
(BMW color code N99), Schwarz Blue (BMW color code 754), Safir Blue (BMW color code 755 /
Michigan State Police Blue) and Violette Blue (BMW color code 756) are available at no added charge
via special -order.
21. Radio Box and Saddlebag System:
To be equipped with a lockable integrated radio storage box with grounded base suitable for mounting
of police radio / video system / etc. with electronic push-button lid release. A standard grounded radio
antenna mounting shall be provided behind the radio box floor plate suitable for all radio frequencies
from 40 MHz to 800+ MHz. Radio box optimal dimensions: 17"L x 12"-10"W x 6"-4.5"H (box is tapered
front to rear).
Two (2) law enforcement type utility saddlebags mounted on each side of the rear wheel. Saddlebags
shall be composite construction. Optimal dimensions: 19.5"L x 6.75"w x 10.5"H (bag) / 4"H (lid).
Tapered rectangular shape with a minimum capacity of 23 liters each. Boxes shall be sealed against
moisture and dirt. Front hinge / single glove -friendly rear latch should allow operator to open lid while
seated on motor. Latch secures lid without requirement to lock / key lock standard for security.
Optional saddlebag brief -case style liner is available for one or both saddlebags.
22. Emergency Tool Kit:
A minimal emergency tool kit shall be supplied with each motorcycle.
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3.1.3. PERFORMANCE REQUIRMEENTS:
Motorcycles purchased against this specification shall display outstanding stability, maneuverability,
cornering and other handling characteristics necessary for a motorcycle engaged in urban enforcement as
well as high-speed traffic law enforcement use which includes operation over various types of road
surfaces and operating conditions. Motors shall be capable of reaching a top speed of at least 125 mph
fully loaded with no sign of instability, even when riding through curves at high speed.
Cornering lean angle shall not be less than 40 degrees, providing optimal cornering clearance, improving
the ability of the operator to avoid obstacles spotted in a curve.
0-100 MPH Acceleration = maximum of 10 seconds. Top Speed = 125 MPH minimum
Average Deceleration Rate = minimum 28 feet per second.
3.1.4. PRE -DELIVERY SERVICE:
All motorcycles must be completely serviced, inspected, properly adjusted and road tested before
delivery, including the proper fill of all fluids and lubricants. All motorcycles shall be delivered with a
minimum of (two) 2 gallons of fuel in the fuel tank. Batteries shall be serviced and fully charged on
delivery.
3.1.5. WARRANTY:
The standard manufacturer's warranty shall apply to all motorcycles purchased under this specification.
Manufacturer shall also provide a 36-month / 60,000 mile, no deductible limited warranty for all
motorcycles. Any cost for this warranty shall be included in the bid price of the motorcycle. The
manufacturer shall have 6,000 mile service intervals in the Manufacturer's maintenance schedule for
meeting the service requirements for obtaining warranty service. Oil consumption in excess of one quart
per 1,000 miles shall be cause for warranty repair.
3.1.6 TECHNICAL SUPPORT AND INFORMATION:
The Successful Bidder shall supply the City with the following technical information at the time the first
motorcycle is delivered to the Department.
Manuals:
A. Each motorcycle shall be delivered with a rider's manuals as well as warranty guide / consumer
information guide necessary for proper operation and maintenance of the motorcycle.
B. Factory service manual covering repair of all components of the motorcycle is available on RSD
DVD (quantity one per order).
C. Electronic parts catalogue can operate on agency PC giving service part numbers complete in every
detail covering the vehicle purchased - 1 copy.
D. Wiring diagram for police pursuit lighting & siren system are available for view on the Police Motors
website at www.bmwmc.net .
3.1.7. SUPPLEMENTARY ORDERS:
The City intends to purchase BMW Motorcycle(s) on an as needed basis and the quantities are not
guaranteed.
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The City retains the right to place supplementary orders, either upon issuance of the Purchase Order or
by a Purchase Order Change within 120 calendar days after the Purchase Order date. In the event the
Department exercises such increase option, the vendor shall agree to furnish to the Department the
additional quantity of units ordered at the bid price.
3.1.8. OPTIONS, ACCESSORIES AND SPECIAL SERVICES:
The following BMW accessories / options shall be installed on the bike prior to delivery:
BMW Options:
• LED Auxiliary headlights Nano (order 2);
• Police Side Stand Extension / Base;
• M4 Combat Assault Rifle mount;
• Shotgun / Assault Rifle Mounting Bracket;
• BMW Motorad Battery Charger (2.5 Ah);
• Accessory Connection Plugs (3); and
• Sump / Engine Protection Guard (Order 1).
Other Options:
• Laptop Pivot Mount Generic;
• Radio Box Base Plate Std;
• Printer Enclosure — Lower Profile;
• Printer Power Connector;
• Radio Power Plug Code A;
• Emergency Light Multiplier Control Box;
• Rear Emergency LED mount Feniex Fusion;
• Pair Feniex Fusion Emergency Light Modules;
• USB Outlet & Voltmeter w/On-Off Switch;
• Saddlebag Inner Cover; and
• License Plate Spacer Kit.
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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.
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City of Miami
Solicitation 1211389
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
enclosed a copy of the lease?
❑
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
performance 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
7/23/2020 9:58 AM
p. 52
City of Miami Solicitation 1211389
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
7/23/2020 9:58 AM p. 53
City of Miami Solicitation 1211389
INSURANCE ADDENDUM
INSURANCE DEFINITIONS, REQUIREMENTS AND CONDITIONS
The VENDOR/CONTRACTOR / CONSULTANT (AS APPLICABLE) agrees to provide and maintain throughout
the life of this contract and at Vendor/Contractor/ Consultant's expense insurance coverage outlined
herewith as applicable insuring all operations related to the contract and any extensions thereof.
Workers Compensation and Employers Liability
Statutory requirements per Chapter 440, Florida Statutes, as amended, are applicable, and this coverage
is subject to the Laws of the State of Florida. This coverage protects against lawsuits stemming from
workplace accidents. It provides for medical care to injured employees, along with compensation for lost
income.
Commercial General Liability
It protects against accidents and injuries that occur on company property or the property of a customer.
It compensates an injured person or owner of property for injuries and property damages, and the cost
of defending lawsuits, including legal settlements or investigations. This policy also covers claims resulting
from products exposures, libel, slander, copyright infringement, and other personal and advertisement
injuries.
Commercial Automobile Liability
It protects against liability, no fault, medical payments, uninsured and underinsured motorists claims,
collision and other than collision physical damage. In addition, this policy affords coverage on autos that
are hired or borrowed or non -owned for use in the business. The non -owned can be autos owned by
employees or members of their households.
Non -Owned Auto exposures can be endorsed or added under the Commercial General Liability Policy.
Professional/Errors and Omissions Liability
Used by many professionals such as engineers, lawyers, accountants, stock brokers, financial advisers,
insurance agents, court reports, dentists, nurses and teachers. It protects against the financial effects of
liability lawsuits filed by clients. It basically protects professionals who cause harm to a client due to
incompetence, errors, or negligence.
7/23/2020 9:58 AM p. 54
City of Miami Solicitation 1211389
Umbrella Liability
It protects against liability and losses after primary insurance benefits have been exhausted. This
supplemental coverage kicks in only after the underlined liability policies have paid their maximum
benefits.
Environmental Liability
It protects against the financial costs of claims of injury or damage due to pollution, and other costs of
cleaning up pollutants. These policies are designed to cover both property and liability risks.
Directors and Officers Liability
This coverage protects against claims from stockholders, employees and clients that are also aimed
individually at directors and officers. These claims typically stem from errors in judgement, breaches of
duty and wrongful acts in connection with company business.
Cyber Liability
It protects against costs of the theft, destruction or unauthorized use of electronic data through computer
viruses or network intrusions. It also adds protection to a business against such costs if a business fails to
safeguard another party's electronic data. Companies sharing data outside their internal network benefit
from this coverage
Commercial Property
It protects against claims or damages to the insured's buildings, business personal property and personal
property of others. It can also provide for loss of business income coverage or extra expenses incurred
because of physical loss by a covered peril to the insured's property.
Commercial Crime
It protects against loss of money, securities and other property because of a variety of criminal acts such
as employee theft or embezzlement, burglary, robbery, forgery, computer fraud, kidnapping and
extortion. Crime insurance also covers money and securities against damage or destruction by almost any
cause of loss, not just crime.
7/23/2020 9:58 AM p. 55
City of Miami Solicitation 1211389
Builders Risk
It protects against damage to or destruction of buildings or other structures during their construction. Any
party with a financial interest in a construction, remodeling, or repair project benefits from this coverage.
Surety Bonds
Surety bonds are three party contracts. The principal, the party that undertakes the obligation, pays for
the issuance of a bond by a surety company. The bond provides capital to guarantee the obligation will
be performed. The obligee is the party that receives the benefit of the bond lithe obligation is improperly
performed. If payment and performance bonds are required such bonds must be substantially in the form
prescribed by Florida Statutes 255.05, as amended, and will be subject to the approval of the City of Miami
Director of the Department of Risk Management.
Valuable Papers
It pays for the cost to reconstruct damaged or destroyed valuable papers and records. Typically is defined
to include almost all forms of printed documents or records with the exception of money or securities,
and data and media which is usually excluded.
Additional Requirements
The Vendor/Contractor must furnish the City of Miami, Department of Procurement, and Risk
Management located at 444 S.W. 2nd Avenue Miami, Florida 33130, original Certificates of insurance to
be in force on the date of this Contract, and Renewal Certificates of insurance thereafter. All policies
indicated on the certificate must be in compliance with all Contract requirements. The failure of the City
to obtain the applicable or corresponding certificates from Contractor is not a waiver by the City of any
requirements for the Vendor/Contractor.
The Vendor/Contractor must furnish Certificates insurance listing the City of Miami as an additional
insured. All insurance certificates must be signed, dated and reference the City contract number.
The insurance must provide for sixty (30) days prior written notice to be given to the City in the event
coverage is substantially changed, canceled, or non -renewed.
Any deductibles or self -insured retentions on referenced insurance coverages must be borne by
Vendor/Contractor. The Vendor/Contractor further agrees to have insurers waive their rights of
subrogation against the City of Miami, its employees, elected officials, agents, or representatives.
The coverages and limits furnished by Vendor/Contractor in no way limit the Vendor/Contractor's
liabilities and responsibilities specified within the Contract or law.
Any insurance or self-insurance programs maintained by the City of Miami shall not contribute with
insurance provided by the Vendor/Contractor under the Contract.
7/23/2020 9:58 AM p. 56
City of Miami Solicitation 1211389
The required insurance to be carried is not limited by any limitations expressed in the indemnification
language in this Contract or any limitation placed on the indemnity in this Contract given as a matter of
law.
If the Vendor/Contractor is a joint venture or limited liability company, the insurance policies must name
the joint venture or Limited Liability Company and each of its separate constituent entities as named
insureds.
The Vendor/Contractor must require all subcontractors to provide the insurance required herein. All
subcontractors are subject to the same insurance requirements of the Vendor/Contractor unless
otherwise specified in this Contract.
If the Vendor/Contractor or subcontractor desire additional coverages, the party desiring the additional
coverages is responsible for the acquisition and cost. Notwithstanding any provision in the Contract to the
contrary, the City of Miami Risk Management Department maintains and reserves the right to modify,
delete, alter or change these requirements.
Note:
The duty to carry and maintain insurance during the life of the contract will survive the cancellation or
expiration, as applicable, under the Contract.
7/23/2020 9:58 AM p. 57
POLICY NUMBER:
APM- 2-19
DATE:
March 26. 2019
ISSUED BY:
Emilio T. Gonzalez, Ph.D.
Citv/1G1 nalrer/Desi
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ADMINISTRATIVE
POLICY
REVISIONS Solicitation 1211389
REVISED DATE OF
SECTION REVISION
Created 3/26/19
SUBJECT: ELIMINATING THE PROCESS OF CURING IRREGULARITIES IN
DOCUMENTS SUBMITTED IN RESPONSE TO REQUEST FOR
QUALIFICATIONS (RFQ), REQUEST FOR PROPOSALS (RFP),
REQUESTS FOR LETTERS OF INTEREST (RFLI), INVITATION FOR
BIDS (IFB), INVITATION TO BID (ITB), INVITATION TO QUOTE
(ITQ), AND REQUEST FOR SPONSORSHIP (RFS) EFFECTIVE MAY
6, 2019
PURPOSE:
To improve the procurement solicitation process in order to provide internal and external customers with a
more efficient and effective procurement of goods and services for the City of Miami. This APM
establishes guidelines that eliminate the process of curing irregularities in proposals and bids submitted in
response to RFQs, RFPs, RFLI's IFBs, ITBs, ITQs and RFS.
BACKGROUND:
Currently, the Department of Procurement ("Procurement") allows Proposers and Bidders to cure certain
deficiencies, deviations, irregularities, omissions, and/or technicalities in proposals and bids submitted to
the City in response to RFQs, RFPs, RFLIs, IFBs, ITBs, ITQs and RFS.
In collaboration with the Department of Innovation and Technology ("DoIt"), Procurement has identified
the process of curing as the cause of significant delays in formal solicitation process. When proposals and
bids require a cure, Procurement sends out a "Notice to Cure" to Proposers and Bidders who are then given
additional time to correct, complete, and re -submit the required documents. The process of curing is time
intensive and delays the procurement of necessary goods and services for the City; it prolongs the due
diligence review period and it stalls and delays the evaluation and selection process, resulting in the
extension of time between the issuance of an RFP, RFQ, RFLI, IFB, ITB, ITQ, or RFS solicitation and its
award date.
7/23/2020 9:58 AM p. 58
City of Miami Solicitation 1211389
Eliminating the process of curing will streamline and improve the overall procurement solicitation process
while making it more efficient by removing a source of delay, and more effective by concentrating due
diligence reviews only on complete and responsive proposals and bids. Additionally, it is not a common
procurement industry practice to allow cures. Other local public agencies such as Miami -Dade County and
the Miami -Dade County Public School System do not presently allow cures in such similar instances.
GUIDELINES:
Procurement will only review and evaluate proposals and bids that have been deemed responsive.
Responsive bids and proposals responses are defined by our Procurement Code.' Prospective
Proposers and Bidders should understand that non -responsive proposals or bids will not be reviewed and
will be eliminated from the evaluation and selection process.
The City will not consider the curing of any proposal or bid that fail to meet the minimum qualifications or
submission requirements of an RFQ, RFP, RFLI, IFB, ITB, ITQ, or RFS as applicable. Material
deficiencies, deviations, irregularities, omissions, and/or technicalities are not waivable.
Proposals and bids submitted with deficiencies, irregularities, omissions, and/or technicalities that deviate
from the minimum qualifications and/or submission requirements for RFQs, RFPs, RFLIs, IFBs, ITBs,
ITQs and RFS shall result in a non -responsive determination. The following list includes, but is not limited
to, proposal and bid deficiencies, deviations, irregularities, omissions, and/or technicalities that shall result
in a non -responsive determination for any solicitation issued on or after May 6, 2019:
If a proposal or bid is missing forms, or contains unnotarized forms, unsigned forms, incorrect forms, or
forms signed by any individual, other than the Proposer or Bidder, Proposer's or Bidder's team members,
and/or individuals attesting to the stated project experience, the Proposer or Bidder will not be given time
to cure the proposal or bid, and the City shall deem such proposal or bid non -responsive. The City, at its
sole discretion, reserves the right to waive minor deviations not listed above. Such minor deficiencies,
deviations, irregularities, omissions, or technicalities may be timely cured by the Proposer or Bidder, at the
sole discretion of the City. Material (i.e. substantial or notable) deficiencies, deviations, irregularities,
omissions, or technical issues cannot be cured by the Proposer or Bidder and are not waivable by the City.
For illustrative guidance please see below an excerpt from State of Florida procurement instructions
which discuss the difference in plain language between material and minor variances.
Responsive bidder, proposer, offeror, or respondent means a business which has submitted a bid, offer,
proposal, quotation or response which conforms in all material respects to the solicitation. Sec. 18-73, City
Code.
(Excerpt from 2012 WL 1155290 (F1a.Div.Admin.Hrgs.)
Mandatory Responsiveness Requirements: Terms, conditions or requirements that must be met by the
proposer to be responsive to this RFP. The responsiveness requirements are mandatory. Failure to meet
the responsiveness requirements will cause rejection of a proposal. Any proposal rejected for failure to meet
mandatory responsiveness requirements will not be evaluated.
7/23/2020 9:58 AM p. 59
City of Miami Solicitation 1211389
1.15 Material Deviations: The Department has established certain requirements with respect to proposals
to be submitted by Proposers. The use of shall, must or will (except to indicate simple futurity) in this RFP
indicates a requirement or condition which may not be waived by the Department except where any
deviation therefore is not material. A deviation is material if, in the Department's sole discretion, the
deficient response is not in substantial accord with this RFP's requirements, provides an advantage to one
Proposer over other Proposers, or has a potentially significant effect on the quantity or quality of items or
services proposed, or on the cost to the Department. Material deviations cannot be waived and shall be the
basis for rejection of a response. Because this is an RFP, the Department will apply this definition liberally
in reviewing responses in regard to service delivery.
1.16 Minor Irregularity: A variation from the RFP terms and conditions which does not affect the price
proposed or gives the proposer an advantage or benefit not enjoyed by the other proposers or does not
adversely impact the interests of the Department.
7/23/2020 9:58 AM p. 60
City of Miami Solicitation 1211389
Question and Answers for Solicitation #1211389 - Invitation for Bid for BMW Police
Motorcycle(s)
Overall Solicitation Questions
There are no questions associated with this Solicitation.
7/23/2020 9:58 AM p. 61
Detail by FEI/EIN Number Page 1 of 2
Florida Department of State
DP/moo of
an official Slate of Florida Welisite
Department of State / Division of Corporations / Search Records / Search by FEI/EIN Number /
DIVISION OF CORPORATIONS
Detail by FEI/EIN Number
Florida Profit Corporation
441 CYCLE SHOP, INC.
Filing Information
Document Number H43164
FEI/EIN Number 59-2497345
Date Filed 02/18/1985
State FL
Status ACTIVE
Principal Address
4201 PETERS RD
PLANTATION, FL 33317
Changed: 02/05/1998
Mailing Address
4201 PETERS RD
PLANTATION, FL 33317
Changed: 02/05/1998
Registered Agent Name & Address
REEVES, FRED
5920 Coconut Terrace
PLANTATION, FL 33317
Name Changed: 02/17/1988
Address Changed: 01/07/2014
Officer/Director Detail
Name & Address
Title PRES
REEVES, FRED
5920 Coconut Terrace
PLANTATION, FL
Title SEC
REEVES, CINDY M
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Detail by FEI/EIN Number Page 2 of 2
5920 Coconut Terrace
PLANTATION, FL
Annual Reports
Report Year Filed Date
2018 01/08/2018
2019 01/10/2019
2020 01/06/2020
Document Images
01/06/2020 --ANNUAL REPORT
01/10/2019 -- ANNUAL REPORT
01/08/2018 --ANNUAL REPORT
03/01/2017 --ANNUAL REPORT
01/08/2016 -- ANNUAL REPORT
02/26/2015 -- ANNUAL REPORT
01/07/2014 -- ANNUAL REPORT
01/25/2013 --ANNUAL REPORT
01/04/2012 --ANNUAL REPORT
01/31/2011 --ANNUAL REPORT
01/05/2010 --ANNUAL REPORT
03/19/2009 -- ANNUAL REPORT
01/03/2008 --ANNUAL REPORT
01/03/2007 --ANNUAL REPORT
01/04/2006 -- ANNUAL REPORT
01/03/2005 --ANNUAL REPORT
01/14/2004 -- ANNUAL REPORT
07/31/2003 --ANNUAL REPORT
01/18/2002 --ANNUAL REPORT
09/12/2001 --ANNUAL REPORT
02/22/2000 -- ANNUAL REPORT
02/06/1999 --ANNUAL REPORT
02/05/1998 -- ANNUAL REPORT
01/24/1997 --ANNUAL REPORT
04/25/1996 -- ANNUAL REPORT
02/14/1995 -- ANNUAL REPORT
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Florida Department of State, Division of Corporations
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