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CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
The Honorable Mayor and Members of the City Commission
Steven Alexander, City Manager
July 18,2013 Agenda Item # _____ _
South Miami
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A Resolution authorizing the City Manager to enter into a two-year lease and
maintenance contract for two police motorcycles, piggybacking the City of Miami
lease agreement with Petersen's Harley-Davidson's of Miami, requiring
disbursement of the funds up to $11,400.00 per year from account number 001-
1910-521-4450 (Purchase/Lease Police Vehicles), for the fiscal years 2013/2014
through 2014/2015.
The Police Department is required to enforce the traffic laws of the State of
Florida to provide for the public's safety and police motorcycles play an
important part in this enforcement effort, which has been shown to reduce the
number of traffic accidents, thereby making our community safer. The lease
period will commence October 1, 2013 and end September 30, 2015.
FY 2014
FY 2015
Grand Total
$5,700 X 2 = $11,400.00;
$5,700 X 2 = $11,400.00.
$22,800.00
Funds are budgeted in account number 001-1910-521-4450 (Purchase/Lease
Police Vehicles) with a balance of$I,900.00
o Proposed Resolution
o City of South Miami Lease Agreement
o City of Miami Lease agreement
o Harley Davidson Dealer Letter
o Sun Biz Registration
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4 RESOLUTION NO. ______________ _
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7 A Resolution authorizing the City Manager to enter into a two-year lease and maintenance
8 contract for two police motorcycles, piggybacking the City of Miami lease agreement with
9 Petersen's Harley-Davidson's of Miami, requiring disbursement of the funds up to
10 $11,400.00 per year from account number 001-1910-521-4450 (PurchaselLease Police
11 Vehicles), for the fiscal years 2013/2014 through 2014/2015.
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13 WHEREAS, the police department is required to enforce the traffic laws of the State of
14 Florida to provide for the public's safety, and police motorcycles play an important part in this
15 enforcement effort which has been shown to reduce the number of traffic accidents,
16 thereby making our community safer; and
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18 WHEREAS, the two (2) motorcycle officers can quickly and safely respond to calls
19 concerning accidents in heavy traffic, maintain preventive traffic enforcement programs, and
20 provide escorts; and
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22 WHEREAS, the previous two-year lease will expire July 31, 2013 and the terms of the
23 new two-year lease contract, commencing October 1, 2013 and ending on September 30, 2015,
24 requires monthly payments of$475.00 per motorcycle; and
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26 WHEREAS, the City of South Miami will piggyback the City of Miami's Lease
27 agreement, BID # 150157(14) for a period of twenty-four (24) months.
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30 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
31 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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33 Section 1. The City Manager is authorized to enter into a two-year lease agreement
34 and disburse funds in the amounts of $11,400.00 from the FY 2013114 and $11,400.00 from the
35 FY 2014115 budgets, payable to Harley-Davidson of Miami and disbursement be charged to
36 account number 001-1910-521-4450 (Lease/Purchase-Police Vehicles). A copy of the lease
37 agreement is attached.
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39 Section 2: If any section clause, sentence, or phrase of this resolution is for any reason
40 held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
41 the validity of the remaining portions of this resolution.
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43 Section 3: This resolution shall become effective immediately upon adoption by vote of
44 the City Commission.
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PASSED AND ADOPTED this __ day of _____ , 2013.
ATTEST:
MARIA MENENDEZ, CITY CLERK
READ & APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF:
THOMAS PEPE, CITY ATTORNEY
APPROVED:
PHILIP K. STODDARD, MAYOR
COMMISSION VOTE:
Mayor Stoddard:
Vice Mayor Liebman:
Commissioner Newman:
Commissioner Harris:
Commissioner Welsh:
MOTORCYCLE LEASE AGREEMENT
This Motorcycle Lease Agreement (the "Lease" or "Agreement") is entered into this __
day of ___ 2013 (the "Effective Date') by and between Peterson's Harley-Davidson of
Miami, L.L.C. ("Dealer" or "Lessor"), a Florida corporation, located at 19400 N.W. 2nd
Avenue, Miami, Florida 33169 and the City of South Miami (the "Lessee" or "City"), a
municipal Corporation of the State of Florida, whose address is 6130 Sunset Drive, South
Miami, Florida 33143 for the lease of new current model production year, certified traffic law
enforcement motorcycles for use by the City's authorized employees in the performance of
police-related or law-enforcement duties, all as more specifically set forth herein.
RECITALS:
A. The City needs to lease two (2) Harley-Davidson model FLHP ROADKING
Police Solo new current model production year, certified traffic law enforcement motorcycles
(hereinafter referred to as "the Motorcycles"), with the option to add additional units as necessary
under the same prices, terms and conditions as set forth in this Agreement, to be utilized by the
City of South Miami Police Department.
B. The City of Miami has issued an Invitation for Bids No. 150157 ("IFB") for the
leasing of the Motorcycles and Lessor's Bid ("Bid"), in response thereto, was selected as the
lowest responsive bidder to the City of Miami. The IFB and the Bid are sometimes referred to
herein, collectively, as the Solicitation Documents, and are by this reference incorporated into
and made part of this Agreement.
C. The Commission of the City of South Miami, by Resolution No.
-'-'--'-'--'-'--'--'-'---"~.; adopted on August 6, 2013, authorized the City Manager to execute this
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Lease pursuant to the competitive process of the City of Miami as mentioned above.
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Lessor and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and
made a part of this Lease.
2. TERM AND OPTION TO EXTEND: The initial term of this Lease shall be
twenty-four (24) months, commencing on the date of delivery of the Motorcycles, as set forth in
Section 3. The City shall have the option to extend the initial term for a period of two-years (24
months) under the same-terms and conditions set forth herein, subject to availability and
appropriation of funds, by written notice given by the City Manager or his/her designee at least
one hundred twenty (120) calendar days prior to the expiration of the initial term. Additionally,
the City Manager or his/her designee, may extend this Lease for up to one hundred twenty (120)
calendar days beyond the expiration of the Term, if needed, in its sole discretion, while a new
contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City Manager
or his/her designee shall notify the Lessor, in writing, or its intent to extend the Lease at the same
price, terms and conditions for a specific number of days. Additional extensions beyond the first
one hundred twenty (120) day extension period may occur, if mutually agreed-to by the City and
the Lessor. At the end the Agreement Term, (24 Months), the Lessor will replace the
Motorcycles with the newest models available.
3. SPECIFICATIONS AND DELIVERY: Not later than sixty (60) days after the
Effective-Date,-Lessor-agrees-to deliver-to-the City two (2) 2014 Harley-Davidson model FLHP
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ROAD KING Police Solo Motorcycles which meet-the specifications set forth in Attachment
"A", which by this reference is incorporated into and made part of this Agreement. The City has
the right to increase the number of Motorcycles to be leased under this Lease under the same
prices, terms, and conditions stipulated in the Bid, by giving written notice thereof, signed by the
City Manager or hislher designee. In such event, Lessor shall have a period not to exceed ninety
(90) days from the City's request in which to deliver the additional Motorcycles.
4. LEASE PAYMENTS: Lessee shall make monthly lease payments to Lessor in the
amount of Four Hundred and Seventy Five Dollars ($475.00) for each Motorcycle; but in no
event shall the total sum paid annually exceed Eleven Thousand Four Hundred Dollars
($11,400.00).
A. Lessee agrees to make monthly payments within thirty (30) days after receipt of
Lessor's invoice, which shall be accompanied by sufficient supporting documentation and
contain sufficient detail, to allow a proper audit of expenditures, should City require one to be
performed. Initial payment will be made by the City after the Motorcycles have been received,
inspected, and found to comply with award specifications, free of damage or defect, and properly
invoiced. However, initial payment and all other subsequent monthly payments thereafter, if not
made within the time stipulated herein, will be subject to the provisions of Florida Statute 218.74
and other applicable law. No advanced payments of any kind will be made by the City,
5. MISCELLANEOUS FEES: Lessee agrees to pay for all official fees in
connection with the certificate of title, registration and license fees and any applicable taxes, for
each of the leased Motorcycles. Lessor hereby waives all charges with respect to freight and
dealer prep of the motorcycles.
6. MAINTENANCE, WARRANTY ANDREPAIRS: Lessor shall provide, and
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hereby reaffirms, all warranties, maintenance and repair services described in the Solicitation
Documents at no cost to the Lessee. The Lessor agrees to maintain the Motorcycles pursuant to
the Manufacturer's Standard Preventive maintenance Contract and/or recommendation. However,
the Lessor shall not supply Lessee with gasoline, radios, and clutches worn due to training. All
maintenance shall be done at Peterson's Harley-Davidson of Miami, L.L.C., 19400 N. W. 2nd
Ave, Miami, Florida 33169. The Lessor shall be responsible for the pickup and delivery of all
Motorcycles requiring repair, maintenance or warranty work. The Lessor shall pick up
Motorcycles requiring repair, maintenance or warranty work within twenty-four (24) hours of
notification and agrees to deliver them to the City within twenty-four (24) hours after completion
of said repairs.
7. BUYBACK OPTION: Lessor agrees to allow Lessee to purchase any or all
Motorcycles at the end of the initial (first 24 month oflease) or extended term (second 24 month
of lease), if the option is renewed by the City, whichever is in the best interest of the City, for
Ten Thousand Dollars and no cents ($10,000.00) per Motorcycle, at the sole discretion of
Lessee, subject to City Commission approval, if required.
8. OWNERSHIP OF DOCUMENTS: Lessor understands and agrees that any
information, document, report of any other material whatsoever which is given by the City to
Lessor or which is otherwise obtained or prepared by Lessor pursuant to or under the terms of
. this Agreement is and shall at all times remain the property of the City. Lessor agrees not to use
any such information, document, report or material for any other purpose whatsoever without the
written consent of City, which may be withheld or conditioned by the City in its sole discretion.
9 AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
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following-the date-offinal-payment-by-the-City-to-Lessor under this-Agreement, audit, or cause
to be audited, those books and records of Lessor which are related to Lessor's performance under
this Agreement. Lessor agrees to maintain all such books and records at its principal place of
business for a period of three (3) years after final payment is made under this Agreement. B. The
City may, at reasonable times during the term hereof, inspect Lessor's facilities and perform such
tests, as the City deems reasonably necessary, to determine whether the services required to be
provided by Lessor under this Agreement conform to the terms hereof; if applicable. Lessor shall
make available to the City all reasonable facilities and assistance to facilitate the performance of
tests or inspections by City representatives. All tests and inspections shall be subject to, and
made in accordance with, the provisions of Section 18-101 of the Code of the City of South
Miami, Florida, as same may be amended or supplemented, from time to time.
10. AWARD OF AGREEMENT: Lessor represents and warrants to the City that it has
not employed or retained any person or company employed by the City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection
with, the award of this Agreement.
11. PUBLIC RECORDS: Lessor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, (and specifically sec. 119.0701 )and agrees to allow
access by the City and the public to all documents subject to disclosure under applicable law,
Lessor's failure or refusal to comply with the provisions, of this section shall result in the
immediate cancellation of this Agreement by the City. Lessor shall:
a) Keep and maintain public records that ordinarily and necessarily would be required
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by the public agency in order to perform the service.
b) Provide the public with access to public records on the same terms and conditions
that the public agency would provide the records and at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
c) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law.
d) Meet all requirements for retaining public records and transfer, at no cost, to the
public agency all public records in possession of the contractor upon termination of the contract
and destroy any duplicate public records that are exempt or confidential and exempt from public
records disclosure requirements. All records stored electronically must be provided to the public
agency in a format that is compatible with the information technology systems of the public
agency.
12. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Lessor
understands that agreements between private entities and local governments are subject to certain
laws and regulations, including laws pertaining to public records, conflict of interest
recordkeeping, etc. City and Lessor agree to comply with and observe all applicable federal, state
and local laws, rules, regulations, codes and ordinances, as they may be amended from time to
time:
13. INDEMINIFICA TIONS: Lessor shall indemnify, defend and hold harmless the
City and its officials, employees and agents (Collectively referred to as "Indemnitees") and each
of them from and against all loss, costs, penalties, fines, damages, claims, expenses (including
attorney's fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to
or death of any person or damage to or destruction or loss of any property arising out of,
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resulting from, or in connection with (i) the performance or non-performance of the services
contemplated by this Agreement which is or is alleged to be directly or indirectly caused, in
whole in part, by any act, omission, default or negligence (whether active or passive) of Lessor
or its employees, agents or subcontractors (collectively referred to as "Lessor"), or (ii) the failure
of the Lessor to comply with any of the paragraphs herein or the failure of the Lessor to conform
to statutes, ordinances, or other regulations or requirements of any governmental authority,
federal, state or local, in connection with the-,performance of this Agreement. Lessor expressly
agrees to indemnify and hold harmless the Lessee, or any of them, from and against all liabilities
which may be asserted by an employee or former employee of Lessor, or any of its
subcontractors, as provided above, for which the Lessor's liability to such employee or former
employee would otherwise be limited to payments under state Workers' Compensation or similar
laws.
The City agrees to indemnify and hold Lessor harmless from the losses, liability,
damages, injuries, claims, demands and expenses, including attorney's fees, arising out of the use
of the Motorcycles while in the care, custody or control of the City, provided that the said losses,
liability, damages, injuries, claims, demands and expenses are not the result of actions or
omissions on the part of the Lessor. Lessee's indemnification hereunder is subject to the
limitations in §768.28, Florida-Statutes: Lessee-does not waive its right to sovereign immunity
under §768.28 of the Florida Statutes.
14. DEF AUL T: If Lessor fails to comply with any term or condition of this Lease, or
fails to perform any of its obligations hereunder, then Lessor shall be in default. Upon the
occurrence of a default hereunder the City, in addition to all remedies available to it by law, may
immediately, upon written notice to Lessor, terminate .this Lease whereupon all payments,
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advances, or other compensation paid by the City to Lessor while Lessor was in default shall be
immediately returned to the City. Lessor understands and agrees that termination of this Lease
under this section shall not release Lessor from any obligation accruing prior to the effective date
of termination. Should Lessor be unable or unwilling to commence to perform its obligations
hereunder within the time provided or contemplated herein, then, in addition to the foregoing,
Lessor shall be liable to the City for all expenses incurred by the City in preparation and
negotiation of this Lease, as well as all costs and expenses incurred by the City in the re-
procurement of this Lease, including consequential and incidental damages.
15. CITY'S TERMINATION RIGHTS: The City reserves the right to terminate this
Lease by written notice to the Lessor, effective the date specified in the notice, upon the
occurrence of any ofthe following:
A. The Lessor is determined by the City to be in breach of any of the terms and -
conditions of the Lease.
B. The City has determined that such termination is in the best interest of the City.
C. Funds are not available to cover the cost of the goods, services, or equipment. The
City's obligation hereunder is contingent upon the availability of appropriate funds.
16. INSURANCE: Lessor shall, at all times during the term hereof, maintain such
insurance coverage as may be required by the City and as described in Section 2.37 of the IFB as
set forth in, Attachment "B". All such insurance, including renewals, shall be subject to the
approval of the City for adequacy of protection and evidence of such coverage shall be furnished
to the City on Certificates of Insurance indicating such insurance to be in full force and effect.
Completed Certificates of Insurance shall be filed with the City prior to the performance of
services hereunder, provided, however, that Lessor shall at any time upon request file duplicate
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copies of the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Lessor of
additional liability insurance coverage or coverage which is different in kind, the City reserves
the right to require the provision by Lessor of an amount of coverage different from the amounts
or kind previously required and shall afford written notice of such change in requirements thirty
(30) days prior to the date on which the requirements shall take effect. Should the Lessor fail or
refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's
written notice, this Agreement shall be considered terminated on the date the required change in
policy coverage would otherwise take effect.
17. SOLICITATION DOCUMENTS: Except as otherwise specifically provided
herein, Lessor shall comply with all the provisions of the Solicitation Documents that are
intended by their terms to apply to the contractual relationship hereby created. All such
provisions shall apply to this Lease as if restated herein.
20. NONDISCRIMINATION: Lessor represents and warrants to the City that Lessor
does not and will not engage in discriminatory practices and that there shall be no discrimination
in connection with Lessor's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Lessor further covenants that no
otherwise qualified individual shall, solely by reason of hislher race, color, sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services,
or be subject to discrimination under any-provision of-this-Agreement.
21. ASSIGNMENT: This Agreement shall not be assigned by Lessor, in whole or in
part, without the prior written consent of the City, which may be withheld or conditioned, at the
City's sole discretion.
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22. NOTICES: All notices or other communications required under this Agreement
shall be in writing and shall be given by hand-delivery or by registered or certified U.S. Mail,
return receipt requested, addressed to the other party at the address indicated herein or to such
other address as a party may designate by notice given as herein provided. Notice shall be
deemed given on the day on which personally delivered; or, if by mail, on the fifth day after
being posted or the date of actual receipt, whichever is earlier.
TO LESSOR:
PETERSON'S HARLEY -DA VIDSON
MIAMI, L.L.C
19400 N.W. 2nd Avenue
MIAMI, FLORIDA 33169
23. MISCELLANEOUS PROVISIONS:
TO THE CITY:
STEVEN ALEXANDER
CITY MANAGER
CITY OF SOUTH MIAMI
6130 SUNSET DRIVE,
SOUTH MIAMI, FLORIDA 33143
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part of this
Agreement.
C. No waiver or breach of any provision of this Agreement shall constitute a waiver
of any subsequent breach of the same or any other provision hereof, and no waiver shall be
effective unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
Agreement be determined-by a-court of competent jurisdiction to-be-invalid, illegal or otherwise
unenforceable under the laws of the State of Florida or the City of South Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to
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conform with such laws, or if not modifiable, then same shall be deemed severable, and in either
event, the remaining terms and provisions of this Agreement shall remain unmodified and in full
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid, unless in writing and executed by
properly authorized representatives ofthe parties hereto.
22. SUCCESORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
23. CONTINGENCY CLAUSE: Funding for this Agreement is contingent on the
availability of funds and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days' notice.
24. COUNTERPARTS: This Agreement may be executed in two or more
counterparts, each of which shall constitute an original, but all of which when taken together
shall constitute one and the same agreement.
25. USE AND SUBLEASING: Lessee agrees that the Motorcycles (a) will be operated
only by authorized licensed drivers employed by Lessee as law-enforcement officers; (b) will be
kept free of all fines, liens and encumbrances; (c) will not be used illegally, improperly, for hire,
or contrary to the Manufacturer's recommendations.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed
by their respective officials thereunto duly authorized this the day and year above written.
Peterson's Harley-Davidson of Miami, L.L.C.
By: __________________ _
(Print Name Above)
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This last signature page of Motorcycle Lease Agreement entered into this __ day of 2013
by and between Peterson's Harley-Davidson of Miami, L.L.C and the City of South Miami for the
lease of new current model production year, certified traffic law enforcement motorcycles.
ATTESTED:
By: --------------------Maria M. Menendez, CMC
City Clerk
Read and Approved as to Form, Language,
Legality and Execution thereof:
By: __________________ __
Thomas F. Pepe, Esq.
City Attorney
CITY OF SOUTH MIAMI
By:
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Steven Alexander
City Manager
ATTACHMENT "A"
SPECIFICA TIONS
"Harley-Davidson Model FLHP Roadking"
Specifications are in accordance with The City of Miami Invitation for Bids No. 150157 ("IFB").
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ATTACHMENT "B"
Insurance and Indemnification
1. Insurance and Indemnification
Without limiting its liability, the proposing firm shall be required to procure and maintain at
its own expense during the life of the Contract, insurance of the types and in the minimum
amounts stated below as will protect the proposing firm, from claims which may arise out of
or result from the proposing firm's execution of a contract with the City of South Miami,
whether such execution by the firm or by any sub-consultant, or by anyone directly or
indirectly employed by any of them or by anyone for whose acts any ofthem may be liable.
The CONTRACTOR/COMPANY shall not commence WORK on this Agreement until he has
obtained all insurance required by the City. The CONTRACTOR/COMPANY shall indemnify
and save the City harmless from any and all damages, claims, liability, losses and causes of
actions of any kind or nature arising out of a negligent error, omission, or act of the
CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or
assigns, incident to arising out of or resulting from the performance of the
CONTRACTOR/COMPANY'S professional services under this Agreement. The
CONTRACTOR/COMPANY shall pay all claims and losses of any kind or nature whatsoever,
in connection therewith, including the City's attorney's fees and expenses in the defense of any
action in law or equity brought against the City arising from the negligent error, omission, or act
of the CONTRACTOR/COMPANY, its agents, representatives, employees, Sub-Contractor, or
assigns, incident to, arising out of or resulting from the performance of the
CONTRACTOR/COMPANY'S professional services under this Agreement..
The CONTRACTOR/COMPANY agrees and recognizes that the City shall not be held liable or
responsible for any claims, including the costs and expenses of defending such claims which
may result from or arise out of actions or omissions of the CONTRACTOR/COMPANY, its
agents, representatives, employees, Sub-Contractors, sub-contractors, or assigns. In reviewing,
approving or rejecting any submissions or acts of the CONTRACTOR/COMPANY, the City in
no way assumes or shares responsibility or liability of the CONTRACTOR/COMPANYS, Sub-
Contractors, their agents or assigns.
The CONTRACTOR/COMPANY shall maintain during the term ofthis Agreement the
following insurance:
A. Professional Liability Insurance on a Florida approved form in the amount of $1,000,000
with deductible per claim if any, not to exceed 5% of the limit of liability providing for all
sums which the CONTRACTOR/COMPANY shall become legally obligated to pay as
damages for claims arising out of the services or work performed by the
CONTRACTOR/COMPANY its agents, representatives, Sub-Contractors or assigns, or by
any person employed or retained by him in connection with this Agreement. This insurance
shall be maintained for four years after completion ofthe construction and acceptance of any
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Project covered by this Agreement. However, the CONTRACTOR/COMPANY may
purchase Specific Project Professional Liability Insurance, in the amount and under the
terms specified above, which is also acceptable.
B. Comprehensive general liability insurance with broad form endorsement, on a Florida
approved form including automobile liability, completed operations and products liability,
contractual liability, severability of interest with cross liability provision, and personal injury
and property damage liability with limits of $1,000,000 combined single limit per
occurrence and $2,000,000 aggregate, including:
• Personal Injury: $1,000,000;
• Medical Insurance $25,000 per person;
• Property Damage: $500,000 each occurrence;
• Automobile Liability: $1,000,000 each accident/occurrence.
C. Umbrella Commercial General Liability insurance on a Florida approved form with the
same coverage as the primary insurance policy but in the amount of $1 ,000,000 per claim.
The City must be named as additional "named" insured for all except Workers'
Compensation, and reflect the indemnification and hold harmless provision contained
herein. Policy must specify whether it is primary or excess/umbrella coverage. City must
receive 10 days advance written notice of any policy modification and 30 days advance
written notice of cancellation, including cancellation for non-payment of premiums. All
insurance must remain in full force and effect for the duration of the contract period with
the City. The CONTRACTOR/COMPANY must provide not only a "certified copy" of
the Binder but also the Policy itself with the name, address and phone number of the
agent and agency procuring the insurance.
D. Workman's Compensation Insurance in compliance with Chapter 440, Florida Statutes, as
presently written or hereafter amended.
E. The policies except for Section lOA shall contain waiver of subrogation against City where
applicable, shall expressly provide that such policy or policies are primary over any other
collective insurance that City may have. The City reserves the right at any time to request a
copy of the required policies for review. All policies shall contain a "severability of
interest" or "cross liability" clause without obligation for premium payment ofthe City.
F. All of the above insurance required to be provided by the CONTRACTOR/COMPANY is
to be placed with BEST rated A-8 (A-VIII) or better insurance companies, qualified to do
business under the laws of the State of Florida on approved Florida forms.
The CONTRACTOR/COMPANY shall furnish certified copies of all "Binders" or
certificates of insurance to the City prior to the commencement of operations, which
"Binders" or certificates shall clearly indicate that the CONTRACTOR/COMPANY has
obtained insurance in the type, amount, and classification as required for strict compliance
with this Section and that no reduction in limits by endorsement during the policy term, or
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cancellation of this insurance shall be effective without thirty (30) days prior written notice
to the CITY.
Compliance with the foregoing requirements shall not relieve the
CONTRACTOR/COMPANY of his liability and obligations under this Section or under
any other portion of this Agreement.
CONTRACTOR/COMPANY agrees to supply copies of certificates of insurance to the
City verifying the above-mentioned insurance coverage. CONTRACTOR/COMPANY
agrees to list City as an Additional Insured of the CONTRACTOR/COMPANY's General
liability insurance and shall provide the City quarterly reports concerning any and all
claims.
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Ricardo Falero, Director
Department of General Services Administration
FlK1M Kenneth Robertson, Director
Department of Purchasing
ENCLOSUriES:
April 27, 2012
Leasing of Traffic Law Enforcement
Motorcycles
Bid No. 150157(14)
First and Final Renewal
Please find enclosed a copy of the recently approved first and final renewal term contract for the provision of
Leasing of Traffic Law Enforcement Motorcycle. The Department of General Services Administration is
urged to carefully review the contract in detail to become familiar with its prices, terms and conditions, and
items awarded. If your department is unable to locate a particular item on the contract, please contact the
appropriate Buyer for assistance. No other goods or services can be purchased under this contract except
those specified in the contract. When requesting this commodity or service, the Bid No., Resolution No.
and the corresponding catalog item numbers must be cited in the requisition.
It shall be the responsibility of the using department to properly administer the contract to ensure that the
contractor and the City perform all contractual obligations. In the execution of this responsibility,
departments should monitor vendor performance, inspect goods at time of delivery and check for accuracy in
billing.
Should any using department experience any difficulties with the contractor, please document the matter and
immediately advise Terry Byrnes, CPPB, Procurement Supervisor, at (305) 416-1917 for assistance.
Copy: Bid file
R A w
FIRST AND FINAL RENEWAL
BID NO: 150157(14)
DESCRIPTION: LEASING OF TRAFFIC LAW ENFORCEMENT MOTORCYCLES
TERM OF CONTRACT:
CONTRACT PERIOD:
TWO (2) YEARS, WITH OPTION TO RENEW FOR ONE (1) ADDITIONAL TWO-YEAR PERIOD
SEPTEMBER 1,2010 THROUGH AUGUST 31,2012
RENEWAL PERIOD: SEPTEMBER 1, 2012 THROUGH AUGUST 31,2014
COMMODITY CODE: 07012-00; 07156-00; 97550-00; 98156-00
ISECTION #1 -VENDOR AWARD
Peterson's Harley-Davidson of Miami, LLC
19400 NW 2nd Avenue
Miami, FL 33169
Contact: Mr. Ace Armstrong
Phone: (305) 651-4811
Fax: (305) 653-8006
E-mail Address:ace@miamiharley.com
ISECTION #2 -AWARD/BACKGROUND INFORMATION/APPLICABLE ORDINANCES/NOTES
CC AWARD DATE:
RESOLUTION NO:
TOTAL CONTRACT AMOUNT:
JUNE 10, 2010
10-0247
SEE BELOW
Note: Annual contract amount not to exceed $142,500.00
ISECTION #3 -REQUESTING DEPARTMENT
DEPARTMENT OF GENERAL SERVICES ADMINISTRATION
Contract Administrator: John Babos
Phone: (305) 329-4874
Fax: N/A
ISECTION #4 -PROCURING AGENCY
CITY OF MIAMI, DEPARTMENT OF PURCHASING
Sr. Buyer: Terry Byrnes, CPPB
Phone: (305)416-1917
Fax: (305) 416-1925
Prepared By: Max Sagesse, 4/27/2012
AMENDED AMOUNT: N/A
INSURANCE REQUIREMENTS: YES
PERFORMANCE BOND: N~
APPLICABLE ORDINANCES: N/A
A CONTRACT AWARD SHEET INSTRUCTIONAL GUIDE TO ASSIST YOU WITH THE INFORMATION
CONTAINED HEREIN IS AVAILABLE IN THE ISUPPLIER INFORMATION SECTION OF OUR WEBPAGE AT:
www.miamigov.com/procurement
Crystal Report Viewer
City of Miami
Text File Report
File 10: 10-00636 Type: Resolution
Enactment#: R-IO-0247
Version: 2 Introduced: 5/17/10
Page 1 of 1
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Status: Passed
Enactment Date: 6/10/10
Controlling Body: Office of the City
Clerk
A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING
THE BID RECEIVED FEBRUARY 22, 2010, PURSUANT TO INVITATION FOR BID NO. 150157,
FROM PETERSON'S HARLEY -DAVIDSON OF MIAMI, LLC, THE LOWEST RESPONSIVE AND
RESPONSIBLE BIDDER WITH THE MAINTENANCE OPTION, FOR THE LEASING OF
TWENTY -FIVE (25) NEW CURRENT MODEL PRODUCTION YEAR, CERTIFIED TRAFFIC LAW
ENFORCEMENT MOTORCYCLES, FOR THE DEPARTMENT OF GENERAL SERVICES
ADMINISTRATION, TO BE USED BY THE CITY OF MIAMI DEPARTMENT OF POLICE, FOR
AN INITIAL TERM OF TWENTY-FOUR (24) MONTHS, COMMENCING ON THE DATE OF
DELIVERY OF THE MOTORCYCLES, FOR AN ANNUAL CONTRACT AMOUNT NOT TO
EXCEED $142,500; ALLOCATING FUNDS, IN THE AMOUNT NOT TO EXCEED $35,625, FOR
FISCAL YEAR 2010, FROM ACCOUNT NO. 05001.246000.544000.0000.00000, WITH FUTURE
FUNDING SUBJECT TO THE A V AILABILITY AND APPROPRIATION OF FUNDS;
AUTHORIZING THE CITY MANAGER TO EXECUTE A MOTORCYCLE LEASE AGREEMENT, IN
SUBSTANTIALLY THE ATTACHED FORM.
BE IT RESOL VED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA:
Section I. The bid received Febmary 22, 20 I 0, pursuant to Invitation for Bid No. 150157, from Peterson's
Harley-Davidson of Miami, LLC, the lowest responsive and responsible bidder with the maintenance option. for the leasing
of twenty-five (25) new current model production year, certified traffic law enforcement motorcycles, for the Department of
General Services Administration, to be used by the City of Miami Department of Police, for an initial term of twenty-four (24)
months, commencing on the date of delivery of the motorcycles. for an annual contract amount not to exceed $142,500, is
accepted, with funds allocated, in the amount not to exceed $35,625, for Fiscal Year 20 I 0, fi'om Account No.
05001.246000.544000.0000.00000, with future funding subject to the availability and appropriation of funds.
Section 2. The City Manager is authorized {I} to execute a Motorcycle Lease Agreement, in substantially the attached
form.
Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2}
http://egov.ci.miami.fl.us/LegistarWeb/temp/rep9F5C.html 4/29/2011
MOTORCYCLE LEASE AGREEJ\lIENT
TIlls Motorcycle Lease Agreement (the "Lease" or "Agreement") is entered into tills S:-t I r ...... day of ~'~hlt., ,2010 (the "Effective Date') by and between Peterson's
.. . .. _ __Ha.rl~y:P.~vig.~Ql.1 9fMiCl,l]:lj, J,,·L,C .. ("l)~l;lt~r"Qr."1~§s.cn:"),Cl,El.Qrici.a,.99.rP.Qrati911,JQ9Clted.a,tJ 940Q .
N. W. 2 nd Avenue, Miami, Florida 33169 and the City of Miami (the "Lessee" or "City"), a
municipal Corporation of the State of Florida, whose address is 444 S.W. 2nd Ave, Miami,_Florida
33131 for the lease of new current model production year, certified traffic -law enforcement
motorcycles for use by the City's authorized employees in the performance of police-related or
law-enforcement duties, all as more specifically set forth herein.
RECITALS:
A. The City needs to lease twenty-five (25) new current model production year,
certified traffic law enforcement motorcycles (hereinafter referred to as "the Motorcycles"), with
the option to add additional units as necessary under the same prices, terms and conditions as set
forth in tills Agreement, to be utilized by the City of Miami Police Department.
B. The City has issued an Invitation for Bids No. 150157 ("IFB") for the leasing ofthe
Motorcycles and Lessor's Bid ("Bid"), in response thereto, has been selected as the lowest
responsive bidder to the City. The IFB and the Bid are sometimes referred to herein, collectively,
as the Solicitation Documents, and are by this reference incorporated into and made part of this
Agreement.
C. The Commission of the City of Miami, by Resolution No. 10-0247, adopted on
._------'
June 10,2010, authorized the City Manager to execute this Lease.
1
NOW, THEREFORE, in consideration of the mutual covenants and promises herein
contained, Lessor and the City agree as follows:
TERMS:
1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a
part of this Lease.
2. TERLW AND OPTION TO EXTEND: The initial term of this Lease shall be twenty-four
(24) months, commencing on the date of delivery ofthe Motorcycles, as set forth in Section 3. The
City shall have the option to extend the initial term for a period of two-years (24 months) lUlder the
sameierms and conditions set forth herein, subject to availability and appropriation of funds, by
written notice given by the City Manager or his/her designee at least one hundred twenty (120)
calendar days prior to the expiration of the initial term. Additionally, the City Manager or hislher
designee, may extend tlus Lease for up to one hundred twenty (120) calendar days beyond the
expiration of the Term, if needed, in its sole discretion, while a new contract is being solicited,
evaluated, and/or awarded. If the right is exercised, the City Manager or rus/her designee shall
notify the Lessor, in writing, or its intent to extend the Lease at the same price, terms and
conditions for a specific number of days. Additional extensions beyond the first one hundred
twenty (120) day extension period may occur, if mutually agreed to by the City and the Lessor. At
the end of each year during the Term, the Lessor will replace the Motorcycles with the newest
models available.
3. SPECIFICATIONS AND DELIVERY: Not later than sixty (60) days after the i
I ---Effective-Date,-Lessor-agrees-to-deli:ver-to-the-City-twenty-~five-(25~-Motorcycles-which-meet-the------1
specifications set forth in Attachment "A", which by this reference is incorporated into and made
part of this Agreement. The City has the right to increase the number of Motorcycles to be leased
under this Lease under the same prices, terms, and conditions stipulated in the Bid, by giving
2
written notice thereof, signed by the City Manager or his/her designee. In such event, Lessor
shall have a period not to exceed ninety (90) days from the ,City's request in which to deliver the
additional Motorcycles.
4. LEASE PAYMENTS:
A. Lessee shall make monthly lease payments to Lessor in the amount of Four
Hundred Seventy-Five Dollars and no cents ($475) for each Motorcycle; but in no event shall the
total sum paid annually exceed One Hundred Forty-Two Thousand Five Hundred Dollars and no
cents ($142,500).
B. Lessee agrees to make monthly payments within thirty (30) days after receipt of
Lessor's invoice, which shall be accompanied by sufficient supporting documentation and contain
sufficient detail, to allow a proper audit of expenditures, should City require one to be performed.
Initial payment will be made by the City after the Motorcycles have been received, inspected, and
found to comply with award specifications, free of damage or defect, and properly invoiced.
However, initial payment and all other subsequent monthly payments thereafter, if not made
within the time stipulated herein, will be subject to the provisions of Florida Statute 218.74 and
other applicable law. No advanced payments of any kind will be made by the City,
5. MISCELLA~OUS FEES: Lessee agrees to pay for all official fees in connection with
the certificate of title, registration and license fees and any applicable taxes, for each of the leased
Motorcycles. Lessor hereby waives all charges with respect to freight and dealer prep of the
motorcycles.
-----6-. --MAINTENANCE,-WARRANTY-AND-REFAIRS:--Lessor-shaU-provide,-and-hereby----
reaffirms, all warranties, maintenance and repair services described in the Solicitation Documents
at no cost to the Lessee. The Lessor agrees to maintain the Motorcycles pursuant to the
Manufacturer's Standard Preventive maintenance Contract and/or recommendation. However,
3
the Lessor shall not supply Lessee with gasoline, radios, and clutches worn due to training. All
maintenance shall ~e done at Peterson's Harley-Davidson of Miami, L.L.C., 19400 N.W. 2nd Ave,
Miami, Florida 33169, The Lessor shall be responsible for the pickup and delivery of all
Motorcycles requiring repair, maintenance or warranty work. The Lessor shall pick up
Motorcycles requiring repair, maintenance or warranty work witbin twenty-four (24) hours of
notification and agrees to deliver them to the City within twenty-four (24) hours after completion
of said repairs.
7. BUYBACK OPTION: Lessor agrees to allow Lessee to purchase any or all Motorcycles
at the end ofthe initial (first 24 month oflease) or extended term (second 24 month oflease), if the
option is renewed by the City, whichever is in the best interest of the City, for Ten Thousand
Dollars and no cents ($10,000.00) per Motorcycle, at the sole discretion of Lessee, subject to City
Commission approval, if required.
8. OWNERSIDP OF DOCUMENTS: Lessor understands and agrees that any
information, document, report of any other material whatsoever which is given by the City to
Lessor or which is otherwise obtained or prepared by Lessor pursuant to or under the terms of this
Agreement is and shall at all times remain the property of the City. Lessor agrees not to use any
such information, document, report or material for any other purpose whatsoever without the
wTitten consent of City, which may be withheld or conditioned by the City in its sole discretion.
9 AUDIT AND INSPECTION RIGHTS:
A. The City may, at reasonable times, and for a period of up to three (3) years
------fol1owing-the·date--of-ofinalpayment..by-the-City-to-Lessor-under-thisAgreement,-audit,-or-cause-to
be audited, those books and records of Lessor which are related to Lessor's performance under this
Agreement. Lessor agrees to maintain all such books and records at its principal place of business
for a period of three (3) years after final payment is made under this Agreement.
4
B. The City may, at reasonable times during the ternl hereof, inspect Lessor's
facilities and perfoml such tests, as the City deems reasonably necessary, to determine whether the
services required to be provided by Lessor under this Agreement conform to the terms hereof; if
applicable. Lessor shall make available to the City all reasonable facilities and assistance to
-••• ----------.--•••• _. -----------_.-• -------~.--.-. -.-------.-~ .,----_._._. __ ••• _ •• _._.. -+ • --_ •• _--_._--•
facilitate the periomlance of tests or inspections by City representatives. All tests and inspections
shall be su1:zject to, and made in accordance with, the provisions of Section 18-101 of the Code of
the City of Miami, Florida, as same may be amended or supplemented, from time to time.
1 O. AWARD OF AGREEMENT: Lessor represents and warrants to the City that it has not
employed or retained any person or company employed by the City to solicit or secure this
Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee,
commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with,
the award of this Agreement.
11. PUBLIC RECORDS: Lessor understands that the public shall have access, at all
reasonable times, to all documents and information pertaining to City contracts, subject to the
provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public
to all documents subject to disclosure under applicable law, Lessor's failure or refusal to comply
with the provisions ,of this section shall result in the inlmediate cancellation of this Agreement by
the City.
12. COlHPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Lessor
understands that agreements between private entities and local governments are subject to certain
-----laws-and-regulations,-including-laws--pertaining-to-public-records,-conflict--of-interest,--record
keeping, etc. City and Lessor agree to comply with and observe all applicable federal, state and
local laws, rules, regulations, codes and ordinances, as they may be amended from time to time:
13. INDEMINIFICATIONS: Lessor shall indemnifY, defend and hold harmless the City
5
I _---il.
i
i
and its officials, employees and agents (Collectively refened to as "Indemnitees") and each of
them from and against all loss, costs, penalties, fines, damages, claims, expen?es (including
attorneys fees) or liabilities (collectively referred to as "Liabilities") by reason of any injury to or
death of any person or damage to or destruction or loss of any property arising out of, resulting
from, or in connection with (i) the perfonnance or non-perfonnance of the services contemplated
by this Agreement which is or is alleged to be directly or indirectly caused, in whole in part, by any
act, omission, default or negligence (whether active or passive) of Lessor or its employees, agents
or subcontractors (collectively refened to as "Lessor"), or (ii) the failure of the Lessor to comply
with any of the paragraphs herein or the failure of the Lessor to confonn to statutes, ordinances, or
other regulations or requirements of any governmental authority, federal, state or local, in
connection with the·· ,perfonnance of this Agreement. Lessor expressly agrees to indemnify and
hold hannless the Lessee, or any of them, fi:om and against all liabilities which may be asserted by
an employee or fonner employee of Lessor, or any of its subcontractors, as provided above, for
which the Lessor's liability to such employee or fonner employee would otherwise be limited to
payments under state Workers' Compensation or similar laws.
The City agrees to indemnify and hold Lessor hannless from the losses, liability, damages,
injuries, claims, demands and expenses, including attorney's fees, arising out of the use of the
Motorcycles while in the care, custody or control of the City, provided that the said losses,
liability, damages, injuries, claims, demands and expenses are not the result of actions or
omissions on the part of the Lessor. Lessee's indemnification hereunder is subject to the
I limitations-in-§+68.28,-Florida-Statutes.-Lessee-does-not-waive-its-right-to-soVereign-cimmunitY--i
under §768.28 of the Florida Statutes.
14. DEFAULT: If Lessor fails to comply with any tenn or condition of this Lease, or fails to
perfonn any of its obligations hereunder, then Lessor shall be in default. Upon the occurrence of a
6
default hereunder the City, in addition to all remedies available to it by law, may immediately,
upon written notice to Lessor, terminate ,this Lease whereupon all payments, advances, or other
compensation paid by the City to Lessor while Lessor was in default shall be immediately returned
to the City. Lessor understands and agrees that termination of this Lease under this section shall
not release Lessor from any obligation accruing prior to the effective date oftelmination. Should
Lessor be unable or unwilling to commence to perform its obligations hereunder within the time
provided or contemplated herein, then, in addition to the foregoing, Lessor shall be liable to the
City for all expenses incurred by the City in preparation and negotiation of this Lease, as well as all
costs and expenses incurred by the City in the re-procurement. of this Lease, including
consequential and incidental damages.
15. CITY'S TERMINATION RIGHTS: The City reserves the right to terminate this Lease
by written notice to the Lessor, effective the date specified in the notice, upon the occurrence of
any of the following:
A. The Lessor is determined by the City to be in breach of any of the terms and
. conditions of the Lease.
B. The City has determined that such termination is in the best interest of the City.
C. Funds are not available to cover the cost of the goods, services, or equipment.
The City's obligation hereunder is contingent upon the availability of appropriate funds.
16. INSURANCE: Lessor shall, at all times during the term hereof, maintain such insurance
coverage as may be required by the City and as described in Section 2.37 of the IFB as set forth in,
I ------AttaGhm€nt-'.:B~'~-An-such-insuranc€,--including-.rEm€wals,-shaU-be-subject-to--the-approval-of-the-------~
!
City for adequacy of protection and evidence of such coverage shall be furnished to the City on
Certificates of Insurance indicating such insurance to be in full force and effect. Completed
Certificates of Insurance shall be filed with the City prior to the performance of services
7
hereunder, provided, however, that Lessor shall at any time upon request file duplicate copies of
the policies of such insurance with the City.
If, in the judgment of the City, prevailing conditions warrant the provision by Lessor of
additional liability insurance coverage or coverage which is difIerent in kind, the City reserves the
right to require the provision by Lessor of an amount of coverage different from the amounts or
kind previously required and shall afford written notice of such change in requirements thirty (30)
days prior to the date on which the requirements shall take effect. Should the Lessor fail or refuse
to satisfy the requirement of changed coverage within thirty (30) days following the City's wTitten
notice, this Agreement shall be considered terminated on the date the required change in policy
coverage would otherwise take effect.
17. SOLICITATION DOCUMENTS: Except as otherwise specifically provided herein,
Lessor shall comply with all the provisions of the Solicitation Documents that are intended by their
terms to apply to the contractual relationship hereby created. All such provisions shall apply to
this Lease as if restated herein.
18. NONDISCRIMINATION: Lessor represents and warrants to the City that Lessor does
not and will not engage in discriminatory practices and that there shall be no discrimination in
connection with Lessor's performance under this Agreement on account of race, color, sex,
religion, age, handicap, marital status or national origin. Lessor further covenants that no
otherwise qualified individual shall, solely by reason of his/her race, color,sex, religion, age,
handicap, marital status or national origin, be excluded from participation in, be denied services, or
---be-subjectto-discrimination-under-any-pro:vision-oi-this-Agreement.
19. ASSIGNMENT: This Agreement shall not be assigned by Lessor, in whole or in part,
without the prior written consent of the City, which may be withheld or conditioned, at the City's
sole discretion.
8
i
l
I
20. NOTICES: All notices or other communications required under this Agreement shall be
in writing and shall be given by hand-delivery or by registered or certified U.S. Mail, return receipt
requested, addressed to the other party at the address indicated herein or to such other address as a
party may designate by notice given as herein provided. Notice shall be deemed given on the day
. . ... .. __ .... _----_ .... _._ ... _ ... _-_._----.. ~----. --_ ..... _._---_... .._---_ .. _ .. _---.---~.----.. -.. --. ---.... _----------.... _----._ .. -_. _ ... _-.. -.. _ .... -_ .. _--------_._. -------_. -.. _------_ .. _-.~--_._-----.. --_. ----
on which personally delivered; or, if by mail, on the fifth day after being posted or the date of
actual receipt, whichever is earlier.
TO LESSOR:
PETERSON'S HARLEY-DAVIDSON
OF MIAMI, L.L.C.
19400 N.W. 2nd Avenue
MIAMI, FLORIDA 33169
21. MISCELLANEOUS PROVISIONS:
TO THE CITY:
CARLOS A. MIGOYA, CITY NIANAGER
CITY OF MIAMI
444 S.W. 2ND Avenue, 10 th floor
MIAMI, FLORIDA 33130
A. This Agreement shall be construed and enforced according to the laws of the State
of Florida.
B. Title and paragraph headings are for convenient reference and are not a part oftffis
Agreement.
C. No waiver or breach of any provision ofthis Agreement shall constitute a waiver of
any subsequent breach of the same or any other provision hereof, and no waiver shall be effective
unless made in writing.
D. Should any provision, paragraph, sentence, word or phrase contained in this
-------A.greement-be-determined-by-a-court-ofcompetent-jurisdiction-to-be-invalid,--illegaLol:-other:.wise
unenforceable under the laws of the State of Florida or the City of Miami, such provision,
paragraph, sentence, word or phrase shall be deemed modiiied to the extent necessary in order to
confOlID with such laws, or if not modifiable, then same shall be deemed severable, and in either
9
event, the remaining terms and provisions of this Agreement shall remain unmodified and in fun
force and effect or limitation of its use.
E. This Agreement constitutes the sole and entire agreement between the parties
hereto. No modification or amendment hereto shall be valid, unless in writing and executed by
properly authorized representatives of the parties hereto.
22. SUCCESORS AND ASSIGNS: This Agreement shall be binding upon the parties
hereto, their heirs, executors, legal representatives, successors, or assigns.
23. CONTINGENCY CLAUSE: Funding for this Agreement 1S contingent on the
availability of funds and the Agreement is subject to amendment or termination due to lack of
funds, reduction of funds and/or change in regulations, upon thirty (30) days notice.
24. COUNTERP ARTS: This Agreement may be executed in two or more cOlmterparts,
each of which shall constitute an original, but all of which when taken together shall constitute one
and the same agreement.
25. USE AND SUBLEASING: Lessee agrees that the Motorcycles (a) will be operated only
by authorized licensed drivers employed by Lessee as law-enforcement officers; (b) will be kept
free of all fmes, liens and encumbrances; (c) will not be used illegally, improperly, for hire, or
contrary to the Manufacturer's recommendations.
IN WITNESS WHEREOF, the parties hereto have caused this instrunlent to be executed
by their respective officials thereunto duly authorized this the day and year above written.
10
"LESSOR"
ATTEST: Peterson's Harley-Davidson of Miami, L.L.c.,
a Florida corporation
n ··E-;.==~=_~===-mm=_== -E-;.·· _n ~~_=_rm_m __ .-
-:A7e.l ~-r~~'~
Print Name:
Title: Corporate Secretary
Print Name:
Title: {)v~~ / v. KATHLEEN THOMAS
Notary Publlr., Stale olFlorlda
My Gomm. axpirasJulv 01,2011
NO.OD690981
nnv, Inc. 600)451-4854
City of Miami, a municipal
State of Florida ~~hV~. ~ ~~ CARbVSA.MIGOYA ::::L I ~ c9~ ODI 0 Date City Manag ~ r:i / 0
APPROVED AS TO INSTJRAl'\TCE
REQUIREMENTS:
G~Y
Risk Management Administrator
NAR:#232984.docx
APPROVED AS TO FORlvI AND
CORRECTNESS:
-~~~/_--'~
JULIE O. BRU "-
City Attomey
11
CORPORATE RESOLUTION
\V1IEREAS, Peterson's Harley-Davidson of Miami, LLC desires to enter into an
agreement with the City of Miami for the purpose of entering into a Lease Agreement for
the Leasing of Traffic Law Enforcement Motorcycles; and
WHEREAS, the Board of Directors at a duly held corporate meeting has
considered the matter in accordance with the By-Laws of the corporation;
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS
that the President, ________________ ~, (or any other person
authorized by the Board of Directors. and please state the person's name) is hereby
authorized and instructed to enter into a contract, in the name and on' behalf of this
corporation, with the City of Miami upon the terms contained in. the proposed contract to
which this resolution is attac~
DATED this :2-)..; day of ~ p. ~
Corporate Secretary
PrintNarne
Doc# 233032.doc
Chairperson of the Board of Directors
]Jj~ 1<. ~-f;~/7Jt-'
PrintNarne
(Corporate Seal)
~ K.l\rHLE~N THOMAS
lio!ary PU~nG, Slate 01 Florida
MV cumm. a~pirog July 01, 2011
-Mo. D!l690981
Bonded thru Ashion Agency, InG. (BOO)451·41l54
~~
Invitation for Bid (IFB) 150157
Table of Contents
Terms and Conditions ....................................................................................................................................... 9
1. General Conditions ............................................................................................................................. .9
1.1. GENERAL TERMS AND CONDITIONS .............................................................................. .9
2. Special Conditions ............................................................................................................................ 27
2.1. PURPOSE ............................................................................................................................... 27
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMATION/CLARIFICATION ............................................................................................ 27
2.3. TERM OF CONTRACT ........................................................................................................ .27
2.4. CONDITIONS FOR RENEWAL ........................................................................................... 27
2.5. NON-APPROPRIATION OF FUNDS .................................................................................. .27
2.6. METHOD OF AWARD ......................................................................................................... 27
2.7. BIDDER'S MINIMUM QUALIFICATIONS ........................................................................ 28
2.8. DELIVERY REQUIREMENTS ............................................................................................ .28
2.9. TRANSPORT/PROOF OF DELIVERY/DELIVERY TICKET PAPERWORK TO
ACCOMPANY MOTORCYCLES DURING DELIVERY ......................................................... 28
2.10. ACCEPTANCE ...................................... ., ............................................................................ 29
2.11. SUCCESSFUL BIDDER LEASING AGREEMENT .......................................................... 29
2.12. ADDITIONAL LEASING OF MOTORCYCLES OR ADDITIONAL PARTS OR
ACCESSORIES REQUIRED ............. ., ............................ ., .......................................................... 29
2.13. FACTORY DEFECTS .................................................................................................... ., ... 29
2.14. SERVICE AND FACILITIES ............................................................................................. .29
2.15. PARTS AND ACCESSORIES ............................................................................................ 29
2.16. DEMONSTRATIONS AND CONTRACT ADMINISTRATOR ....................................... 30
2.17. THIRD PARTY LEASING AGREEMENT ........................................................................ 30
2.18. FAILURE TO PERFORM .................................................................................................... 30
2.19. EQUAL PRODUCT ............................................................................................................. 30
2.20. PAYMENT TO THIRD PARTY ......................................................................................... 30
2.21. MISCELLANEOUS FEES .................................................................................................. .30
2.22. INSURANCE REQUIREMENTS ....................................................................................... .31
2.23. TIE-BIDS .............................................................................................................................. 32
2.24. WARRANTY BY MANUFACTURER .............................................................................. .33
2.25. WARRANTY OF PARTS .................................................................................................... 33
2.26. WARRANTIES OF MILEAGE ........................................................................................... 33
2.27. WARRANTY FAILURE BY DEALER/SUCCESSFUL BIDDER .................................... 33
2.28. WARRANTY, FITNESS FOR PURPOSE .......................................................................... 33
2.29. REFERENCES ..................................................................................................................... 34
2.30. SPECIFICATION EXCEPTIONS ....................................................................................... 34
2.31. MAINTENANCE AGREEMENT ....................................................................................... 34
2.32. TERMINATION .................................................................................................................. .34
2.33. ADDITIONAL TERMS AND CONDITIONS .................................................................... 34
3. Specifications .................................................................................................................................... 35
3.1. SPECIFICATIONS/SCOPE OF WORK ............................................................................... .35
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Terms and Conditions
1. General Conditions
1.1. GENERAL TERMS AND CONDITIONS
Intent: The General Terms and Conditions described herein apply to the acquisition of
goods/equipment/services with an estimated aggregate cost of $25,000.00 or more.
Definition: A formal solicitation is 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 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 OR EQUIPMENT -Any good(s) or equipment delivered under this
formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and
actual usage of the good is 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/equipment supplied to the City are found to be defective or does not conform to specifications, the
City reserves the right to cancel the order upon written notice to the Contractor and return the product to the
Contractor at the Contractor's expense.
1.2. ACCEPTANCE OF OFFER -The signed or electronic submission of your solicitation response shall
be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon
issuance by the City of a purchase order.
1.3. ACCEPTANCE/REJECTION -The City reserves the right to accept or reject any or all responses or
parts of after opening/closing date and request re-issuance on the goods/services described in the formal
solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected
bidders/proposers and make available a written explanation for the rejection. The City also reserves the
right to reject the response of any bidder/proposer who has previously failed to properly perform under the
terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a
position to perform the requirements defined in this formal solicitation. The City further reserves the right
to waive any irregularities or minor informalities or technicalities in any or all responses and may, at its
discretion, re-issue this formal solicitation.
1.4. ADDENDA -It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are
available at the City's website at: http://www.ci.miami.f1.us/procurement
1.5. ALTERNATE RESPONSES MAY BE CONSIDERED -The City may consider one (1) alternate
response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate
response offers a different product that meets or exceeds the formal solicitation requirements. In order for
the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form
and shall mark "Alternate Response". Alternate response shall be placed in the same response. This
provision only applies to formal solicitations for the procurement of goods, services, items, equipment,
materials, and/or supplies.
1.6. ASSIGNMENT -Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise
dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's
prior written consent.
1.7. ATTORNEY'S FEES-In connection with any litigation, mediation and arbitration arising out of this
Contract, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees through
and including appellate litigation and any post-judgment proceedings.
1.8. AUDIT RIGHTS AND RECORDS RETENTION -The Successful Bidder/Proposer agrees to
provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any
books, documents, papers, and records of Contractor which are directly pertinent to this formal solicitation,
for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall
maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for
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three (3) years after the City makes final payment and all other pending matters are closed. Contractor's
failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract
by the City.
1.9. AVAILABILITY OF CONTRACT STATE-WIDE -Any Governmental, not-for-profit or
quasi-governmental entity in the State of Florida, may avail itself of this contract and purchase any and all
goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s)
established herein, when permissible by federal, state, and local laws, rules, and regulations.
Each Governmental, not-for-profit or quasi-governmental entity which uses this formal solicitation and
resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its
own purchase orders, be invoiced there from and make its own payments, determine shipping terms and
issue its own exemption certificates as required by the successful bidder(s)/proposer(s).
1.10. AWARD OF CONTRACT:
A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall
constitute the entire contract, unless modified in accordance with any ensuing contract/agreement,
amendment or addenda.
B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or
designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference
to Businesses with Drug-Free Workplace Programs.
C. The award of this contract may be preconditioned on the subsequent submission of other documents as
specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its
contractual obligation if such documents are not submitted in a timely manner and in the form required by
the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action
taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may
accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to
the City or re-solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution
from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or
increased costs sustained as a result of the Bidder's/Proposer's default.
D. The term of the contract shall be specified in one of three documents which shall be issued to the
successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or
contract award sheet.
E. The City reserves the right to automatically extend this contract for up to one hundred twenty (120)
calendar days beyond the stated contract term in order to provide City departments with continual service
and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised,
the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price,
terms and conditions for a specific number of days. Additional extensions over the first one hundred
twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual
agreement of such extensions.
F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude
upon completion of the expressed or implied warranty periods.
G. The City reserves the right to award the contract on a split-order, lump sum or individual-item basis,
or such combination as shall best serve the interests of the City unless otherwise specified.
H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon
the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City
reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is
determined to be in the City'S best interests. Such agreement will be furnished by the City, will contain
certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City
Attorney.
1.11. BID BOND/ BID SECURITY -A cashier's or certified check, or a Bid Bond signed by a recognized
surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the
amount bid is required from all bidders/proposers, if so indicated under the Special Conditions. This check
or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it
is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award
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contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the
right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful
bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of
award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract
has been awarded, all bid deposits will be returned on demand.
1.12. RESPONSE FORM (HARDCOPY FORMAT) -All forms should be completed, signed and
submitted accordingly.
1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES -Failure to execute an Agreement
and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the
annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be
considered, not as a penalty, but in mitigation of damages sustained. A ward may then be made to the
next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may
be rejected.
1.14. BRAND NAMES -If and wherever in the specifications brand names, makes, models, names of any
manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of
establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only.
When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is
added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response,
complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the
City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of
equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be
requested if the proposed brand is other than specified by the City. Such samples are to be furnished after
formal solicitation opening/closing only upon request of the City. If samples should be requested, such
samples must be received by the City no later than seven (7) calendar days after a formal request is made.
1.15. CANCELLATION -The City reserves the right to cancel all formal solicitations before its
opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all
prospective bidders/proposers and make available a written explanation for the cancellation.
1.16. CAPITAL EXPENDITURES -Contractor understands that any capital expenditures that the firm
makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a
business risk which the contractor must assume. The City will not be obligated to reimburse amortized or
unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has
been unable to recoup its capital expenditures during the time it is rendering such goods/services, it shall
not have any claim upon the City.
1.17. CITY NOT LIABLE FOR DELAYS -It is further expressly agreed that in no event shall the City
be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to
any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction
or other legal or equitable proceedings or on account of any delay for any cause over which the City has no
control.
1.18. COLLUSION -Bidder/Proposer, by submitting a response, certifies that its response is made without
previous understanding, agreement or connection either with any person, firm or corporation submitting a
response for the same items/services or with the City of Miami's Purchasing Department or initiating
department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other
illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of
Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the
City reserves the right to reject any and all bids/responses where collusion may have occurred.
1.19. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS -Contractor understands that
contracts between private entities and local governments are subject to certain laws and regulations,
including laws pertaining to public records, conflict of interest, records keeping, etc. City and Contractor
agree to comply with and observe all applicable laws, codes and ordinances as that may in any way affect
the goods or equipment offered, including but not limited to:
A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client
because of race, creed, color, national origin, sex, or age with regard to, but not limited to, the following:
employment practices, rate of payor other compensation methods, and training selection.
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B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation.
C. The State of Florida Statutes, Section 287.133(3)(A) on Public Entity Crimes.
D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation.
E. 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.
H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation.
I. City Procurement Ordinance City Code Section 18, Article III.
J. Conflict of Interest, City Code Section 2-611 ;61.
K. Cone of Silence, City Code Section 18-74.
L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment.
M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation.
Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a
condition precedent to the execution of service contracts including professional services.
Lack of knowledge by the bidder/proposer will in no way be a cause for relieffrom responsibility.
Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds
for termination of contract(s).
Copies ofthe City Ordinances may be obtained from the City Clerk's Office.
1.20. CONE OF SILENCE -Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is
imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City
Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be
applicable only to Contracts for the provision of goods and services and public works or improvements for
amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs,
RFLI or IFBs (bids) 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 and any member of the respective selection/evaluation committee.
The provision does not apply to, among other communications:
oral communications with the City purchasing staff, provided the communication is limited strictly to
matters of process or procedure already contained in the formal solicitation document; the provisions of the
Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre-proposal or
pre-bid conferences, oral presentations before selection/evaluation committees, contract negotiations during
any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly
noticed public meeting; or communications in writing or by email at any time with any City employee,
official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ,
RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions); or communications in
connection with the collection of industry comments or the performance of market research regarding a
particular RFP, RFQ, RFLI OR IFB by City Purchasing staff.
Proposers or bidders must file a copy of any written communications with the Office of the City Clerk,
which shall be made available to any person upon request. The City shall respond in writing and file a copy
with the Office of the City Clerk, which shall be made available to any person upon request. Written
communications may be in the form of e-mail, with a copy to the Office of the City Clerk.
In addition to any other penalties provided by law, violation of the Cone of Silence by any proposer or
bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent,
lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person
having personal knowledge of a violation of these provisions shall report such violation to the State
Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference
Section 18-74 of the City of Miami Code for further clarification.
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This language is only a summary of the key provisions of the Cone of Silence. Please review City of
Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may
contact the City Clerk at 305-250-5360, to obtain a copy of same.
1.21. CONFIDENTIALITY -As a political subdivision, the City of Miami is subject to the Florida
Sunshine Act and Public Records Law. If this Contract! Agreement contains a confidentiality provision, it
shall have no application when disclosure is required by Florida law or upon court order.
1.22. CONFLICT OF INTEREST -Bidders/Proposers, by responding to this Formal Solicitation, certify
that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami
is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal
Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in
writing to the City. Further, you must disclose the name of any City employee who owns, directly or
indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm.
1.23. COPYRIGHT OR PATENT RIGHTS -Bidders/Proposers warrant that there has been no violation
of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or
services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City
harmless from any and all liability, loss, or expense occasioned by any such violation.
1.24. COST INCURRED BY BIDDER/PROPOSER -All expenses involved with the preparation and
submission of Responses to the City, or any work performed in connection therewith shall be borne by the
B idder( s )/Proposer( s).
1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107)
(a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective
Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager, after
consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a
Contractual Party, for the causes listed below, from consideration for award of city Contracts. The
debarment shall be for a period of not fewer than three years. The City Manager shall also have the
authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable
cause for debarment, pending the debarment determination. The authority to debar and suspend contractors
shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer
after approval by the City Manager, the city attorney, and the City Commission.
(b) Causes for debarment or suspension. Causes for debarment or suspension include the following:
(1) Conviction for commission ofa criminal offense incident to obtaining or attempting to obtain a
public or private Contract or subcontract, or incident to the performance of such Contract or
subcontract.
(2) Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification
or destruction of records, receiving stolen property, or any other offense indicating a lack of business
integrity or business honesty.
(3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or
Proposals.
(4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be
indicative ofnonresponsibility. Such violation may include failure without good cause to perform in
accordance with the terms and conditions of a Contract or to perform within the time limits provided in
a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be
considered a basis for debarment or suspension.
(5) Debarment or suspension of the Contractual Party by any federal, state or other governmental
entity.
(6) False certification pursuant to paragraph (c) below.
(7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for
which 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.
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(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 on a contract to provide goods or
services to a public entity, may not submit a response on a contract with a public entity for the construction
or repair of a public building or public work, may not submit response on leases of real property to a public
entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract
with any public entity, and may not transact business with any public entity.
1.27. DEFAULT/FAILURE TO PERFORM -The City shall be the sole judge of nonperformance, which
shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish
required documents, and/or to fulfill any portion of this contract within the time stipulated.
Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify
the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays
excluded) to remedy the default. Failure on the contractor's part to correct the default within the required
three (3) days shall result in the Contract being terminated and upon the City notifying in writing the
contractor of its intentions and the effective date of the termination. The following shall constitute default:
A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the
time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to
the degree specified in the Contract.
B. Failure to begin the work under this Contract within the time specified.
C. Failure to perform the work with sufficient workers and equipment or with sufficient materials to
ensure timely completion.
D. Neglecting or refusing to remove materials or perform new work where prior work has been rejected as
nonconforming with the terms of the Contract.
E. Becoming insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or
making an assignment for the benefit of creditors, ifthe insolvency, bankruptcy, or assignment renders the
successful Bidder/Proposer incapable of performing the work in accordance with and as required by the
Contract.
F. Failure to comply with any of the terms of the Contract in any material respect.
All costs and charges incurred by the City as a result of a default or a default incurred beyond the time
limits stated, together with the cost of completing the work, shall be deducted from any monies due or
which may become due on this Contract.
1.28. DETERMINATION OF RESPONSIVENESS -Each Response will be reviewed to determine ifit
is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is
one which follows the requirements of the formal solicitation, includes all documentation, is submitted in
the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as
required on each document. Failure to comply with these requirements may deem a Response
non-responsive.
1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT -Discount Prices offered in the
response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms
and Conditions. Price discounts off the original prices quoted in the response will be accepted from
successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for
a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer
to Bidder/Proposer will be passed on to the City.
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1.30. DISCREPANCIES, ERRORS, AND OMISSIONS -Any discrepancies, errors, or ambiguities in
the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing
Department. Should it be found necessary, a written addendum will be incorporated in the Formal
Solicitation and will become part of the purchase agreement (contract documents). The City will not be
responsible for any oral instructions, clarifications, or other communications.
A. Order of Precedence -Any inconsistency in this formal solicitation shall be resolved by giving
precedence to the following documents, the first of such list being the governing documents.
1) Addenda (as applicable)
2) Specifications
3) Special Conditions
4) General Terms and Conditions
1.31. EMERGENCY / DISASTER PERFORMANCE -In the event ofa hurricane or other emergency
or disaster situation, the successful vendor shall provide the City with the commodities/services defined
within the scope of this formal solicitation at the price contained within vendor's response. Further,
successful vendor shall deliver/perform for the city on a priority basis during such times of emergency.
1.32. ENTIRE BID CONTRACT OR AGREEMENT -The Bid Contract or Agreement consists of this
City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response
and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs,
RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect
to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any,
made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or
changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal
Solicitation and then the Response shall control. This Contract may be modified only by a written
agreement signed by the City of Miami and Contractor.
1.33. ESTIMATED QUANTITIES -Estimated quantities or estimated dollars are provided for your
guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the
contract period. The City is not obligated to place an order for any given amount subsequent to the award
of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most
advantageous proposer meeting specifications. The City reserves the right to acquire additional quantities
at the prices bid/proposed or at lower prices in this Formal Solicitation.
1.34. EVALUATION OF RESPONSES
A.Rejection of Responses
The City may reject a Response for any of the following reasons:
1) Bidder/Proposer fails to acknowledge receipt of addenda;
2) Bidder/Proposer mistates or conceals any material fact in the Response;
3) Response does not conform to the requirements of the Formal Solicitation;
4) Response requires a conditional award that conflicts with the method of award;
5) Response does not include required samples, certificates, licenses as required; and,
6) Response was not executed by the Bidder's/Proposer(s) authorized agent.
The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may
reject and re-advertise for all or any part of the Formal Solicitation whenever it is deemed in the best
interest of the City.
B. Elimination From Consideration
1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or
contract, or which is a defaulter as surety or otherwise upon any obligation to the City.
2) A contract may not be awarded to any person or firm which has failed to perform under the terms and
conditions of any previous contract with the City or deliver on time contracts of a similar nature.
3) A contract may not be awarded to any person or firm which has been debarred by the City in
accordance with the City's Debarment and Suspension Ordinance.
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C. Determination of Responsibility
1) Responses will only be considered from entities who are regularly engaged in the business of providing
the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to
demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material,
equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms
"equipment and organization" as used herein shall be construed to mean a fully equipped and well
established entity in line with the best industry practices in the industry as determined by the City.
2) The City may consider any evidence available regarding the financial, technical and other qualifications
and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other
governmental entity in making the award.
3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an
authorized representative of a manufacturer or supplier which is the actual source of supply, if required by
the Formal Solicitation.
1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS -
Exceptions to the specifications shall be listed on the Response and shall reference the section. Any
exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered
non-responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non-responsive; and, if
exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating
negotiations.
1.36. F.O.R. DESTINATION -Unless otherwise specified in the Formal Solicitation, all prices
quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery
costs and charges included in the bid/proposal price, unless otherwise specified in this Formal
Solicitation. Failure to do so may be cause for rejection of bid/proposal.
1.37. FIRM PRICES -The bidder/proposer warrants that prices, terms, and conditions quoted in its
response will be firm throughout the duration of the contract unless otherwise specified in the Formal
Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or
contracts, which are to be performed or supplied over a period of time.
1.38. FIRST-SOURCE HIRING AGREEMENT (Sec. 18-105)
(a) The Commission approves implementation of the first-source hiring agreement policy and requires
as a condition precedent to the execution of service contracts for facilities, services, and/or receipt of grants
and loans, for projects of a nature that create new jobs, the successful negotiation of first-source hiring
agreements between the organization or individual receiving said contract and the authorized representative
unless such an agreement is found infeasible by the city manager and such finding approved by the City
Commission at a public hearing.
(b) For the purpose of this section, the following terms, phrases, words and their derivations shall have
the following meanings:
Authorized representative means the Private Industry Council of South Florida/South Florida Employment
and Training Consortium, or its successor as local recipient of federal and state training and employment
funds.
Facilities means all publicly financed projects, including but without limitation, unified development
projects, municipal public works, and municipal improvements to the extent they are financed through
public money services or the use of publicly owned property.
Grants and loans means, without limitation, urban development action grants (UDAG), economic
development agency construction loans, loans from Miami Capital Development, Incorporated, and all
federal and state grants administered by the city.
Service contracts means contracts for the procurement of services by the city which include professional
services.
Services includes, without limitation, public works improvements, facilities, professional services,
commodities, supplies, materials and equipment.
(c) The authorized representative shall negotiate each first-source hiring agreement.
(d) The primary beneficiaries ofthe first-source hiring agreement shall be participants ofthe city
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training and employment programs, and other residents of the city.
1.39. FLORIDA MINIMUM WAGE -The Constitution of the State of Florida, Article X, Section 24,
states that employers shall pay employee wages no less than the minimum wage for all hours worked in
Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and
comply with this Florida constitutional minimum wage requirement and pay its employees the current
established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using
the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as
calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall
be determined and published by the Agency Workforce Innovation on September 30th of each year and
take effect on the following January 1st.
At the time of responding, it is bidder/proposer and his/her subcontractor( s), if applicable, full
responsibility to determine whether any of its employees may be impacted by this Florida Law at any given
point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s),
job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of
submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that
the Florida Minimum Wage Law will not impact its prices throughout the term of contract and waiver of
any contractual price increase request(s). The City reserves the right to request and successful
bidder/proposer must provide for any and all information to make a wage and contractual price increase(s)
determination.
1.40 CITY OF MIAMI LIVING WAGE ORDINANCE-The City of Miami adopted a living wage
ordinance for city service contracts awarded by the city containing a total contract value exceeding
$100,000 annually for the following services: food preparation and/or distribution; security services;
routine maintenance services such as custodial, cleaning, computers, refuse removal, repair, refinishing and
recycling; clerical or other non-supervisory office work, whether temporary or permanent; transportation
and parking services; printing and reproduction services; landscaping, lawn, and or agricultural services.
If this solicitation requires the aforementioned services, effective on April 1,2009, contractors must pay
its' employees a living wage no less than $11.66 an hour with a health benefit plan and not less than $12.91
an hour without health benefits, which shall be adjusted annually by no later than April 1st following the
publication of the U.S Department of Health and Human Services Poverty Guidelines, as published from
time to time.
A service contractor is defined as any "for profit" individual, business entity, corporation, partnership,
limited liability company, joint venture, or similar business: (1) Paid in whole or part from one or more of
the city's general funds, capital project funds, special revenue funds, or any other funds either directly or
indirectly, whether by competitive bid process, informal bids, requests for proposals, some form of
solicitation, negotiation, or agreement, or any other decision to enter into a contract; and, (2) The service
contractor is engaged in the business of, or part of, a contract or a subcontract to provided covered services,
either directly or indirectly, for the benefit of the city. This does not aply to contracts related primarily to
the sale of products or goods.
The service contractor, prior to entering any such contract, must certify to the city that it will pay each of
its covered employees no less than the living wage. A copy of this certificate must be made available to the
public upon request. The certificate, at a minimum, must include the following:
(1) The name, address, and phone number of the employer, a contact person, and the specific project for
which the service contract is sought;
(2) The amount of the service contract and the city department the contract will serve.
(3) A brief description of the project or service provided;
(4) A statement of the wage levels for all covered employees; and
(5) A commitment to pay all covered employees the living wage.
A copy of the living wage rate shall be kept posted by the service contractor at the site of the work in a
prominent place where it can easily be seen and read by the covered employees and shall be supplied to
such employees within a reasonable time after a request to do so. Additionally, service contractors shall
furnish a copy of the requirements of the City of Miami Living Wage Ordinance to any entity submitting a
bid for a subcontract on any service contract subject to this article. Posting requirements will not be
required where the service contractor prints the following statements on the front of the covered employee's
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first paycheck and every six months thereafter. "You are required by the City of Miami Living Wage
Ordinance to be paid a Living Wage. If you do not believe you being paid at the Living Wage rate, contact
your employer, an attorney, or the City of Miami." All notices will be printed in English, Spanish and
Creole.
Service Contractors and their subcontractors agree to produce all documents and records relating to payroll
and compliance this Ordinance. Each service contractor shall maintain payroll records for all covered
employees and basic records relating thereto and shall preserve them for a period of three (3) years from
the date of termination or expiration of the service contract. The records shall contain:
(1) The name and address of each covered employee;
(2) The job title and classification;
(3) The number of hours worked each day;
(4) The gross wages earned and deductions made;
(5) Annual wages paid;
(6) A copy of the social security returns and evidence of payment thereof;
(7) A record of fringe benefit payments including contributions to approved plans; and
(8) Any other data of information the city require from time to time.
Every six months, the service contractor shall file with the city's procurement director a listing of all
covered employees together with a certification of compliance with this article. Upon request from the
city, the service contractor shall produce for inspection and copying its payroll records for any or all of its
covered employees for any period covered by the service contract. The city may examine payroll records as
needed to ensure compliance.
Failure to comply with the City of Miami Living Wage Ordinance may result in legal action by the
covered employee or former covered employee as allowed by Florida Law, court impose sanctions, city
impose sanctions, such as pay wage restitution, impose monetary damages, suspension or termination of
payment, termination of contract, and debarment.
Please review City of Miami Code Section 18-556 through Section 18-559 for a complete and thorough
description of the City of Miami Living Wage.
1.41. GOVERNING LAW AND VENUE -The validity and effect of this Contract shall be governed by
the laws of the State of Florida. The parties agree that any action, mediation or arbitration arising out of this
Contract shall take place in Miami-Dade County, Florida.
1.42. HEADINGS AND TERMS -The headings to the various paragraphs of this Contract have been
inserted for convenient reference only and shall not in any manner be construed as modifying, amending or
affecting in any way the expressed terms and provisions hereof.
1.43. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) -Any
person or entity that performs or assists the City of Miami with a function or activity involving the use or
disclosure of "individually identifiable health information (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/Proposer and reasonable assurances that IIHIIPHI will be held confidential;
E. Making Protected Health Information (PHI) available to the customer;
F. Making PHI available to the customer for review and amendment; and incorporating any amendments
requested by the customer;
G. Making PHI available to the City of Miami for an accounting of disclosures; and
H. Making internal practices, books and records related to PHI available to the City of Miami for
compliance audits.
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PHI shall maintain its protected status regardless of the form and method of transmission (paper records,
and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its
privacy information practices including specifically, a description of the types of uses and disclosures that
would be made with protected health information.
1.44. INDEMNIFICATION -The Contractor shall indemnify and save harmless forever the City, and all
the City's agents, officers and employees from and against all charges or claims resulting from any bodily
injury, loss of life, or damage to property from any act, omission or neglect, by itself or its employees; the
Contractor shall become defendant in every suit brought for any of such causes of action against the City or
the City's officials, agents and employees; the Contractor shall further indemnify City as to all costs,
attorney's fees, expenses and liabilities incurred in the defense of any such claims and any resulting
investigation.
1.45. INFORMATION AND DESCRIPTIVE LITERATURE -Bidders/Proposer must furnish all
information requested in the spaces provided in the Formal Solicitation. Further, as may be specified
elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical
specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered.
Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this
provision.
1.46. INSPECTIONS -The City may, at reasonable times during the term hereof, inspect Contractor's
facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods
and/or services required to be provided by the Contractor under this Contract conform to the terms and
conditions of the Formal Solicitation. Contractor shall make available to the City all reasonable facilities
and assistance to facilitate the performance of tests or inspections by City representatives. All tests and
inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance
No. 12271 (Section 18-79), as same may be amended or supplemented from time to time.
1.47. INSPECTION OF RESPONSE -Responses received by the City pursuant to a Formal Solicitation
will not be made available until such time as the City provides notice of a decision or intended decision or
within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be
furnished upon request via fax or e-mail to the Sr. Procurement Specialist issuing the Solicitation.
Tabulations also are available on the City's Web Site following recommendation for award.
1.48. INSURANCE -Within ten (10) days after receipt of Notice of Award, the successful Contractor,
shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of
coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled
"Insurance Requirements". The City shall be listed as an "Additional Insured."
Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the
insurance certificate is received within the specified time frame but not in the manner prescribed in this
Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5)
calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required
insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after
receipt Notice of A ward, the contractor shall be in default of the contractual terms and conditions and shall
not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from
submitting future responses to the City. Information regarding any insurance requirements shall be directed
to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami,
Florida 33130,305-416-1604.
The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in
conjunction with this Section remain in effect for the duration of the contractual period; including any and
all option terms that may be granted to the Bidder/Proposer.
1.49. INVOICES -Invoices shall contain purchase order number and details of goods and/or services
delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida
Statutes (Prompt Payment Act).
1.50. LOCAL PREFERENCE -City Code Section 18-85, states that the City Commission may offer to a
responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a
bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten
percent (10%) in excess of the lowest other responsible and responsive bidder/proposer.
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1.51. MANUFACTURER'S CERTIFICATION -The City reserves the right to request from
bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal.
Failure to provide such certification may result in the rejection of bid/proposal or termination of
contract/agreement, for which the bidder/proposer must bear full liability.
1.52. MODI FICA TIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -No
contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if
applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City
of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the
contract, purchase order or award sheet as appropriate.
1.53. NO PARTNERSHIP OR JOINT VENTURE -Nothing contained in this Contract will be deemed
or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create
any other similar relationship between the parties.
1.54. NONCONFORMANCE TO CONTRACT CONDITIONS -Items may be tested for compliance
with specifications under the direction of the Florida Department of Agriculture and Consumer Services or
by other appropriate testing Laboratories as determined by the City. The data derived from any test for
compliance with specifications is public record and open to examination thereto in accordance with
Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and
returned at Bidder's/Proposer's expense. These non-conforming items not delivered as per delivery date in
the response and/or Purchase Order may result in bidder/proposer being found in default in which event
any and all re-procurement costs may be charged against the defaulted contractor. Any violation of these
stipulations may also result in the supplier's name being removed from the City of Miami's Supplier's list.
1.55. NONDISCRIMINATION -Bidder/Proposer agrees that it shall not discriminate as to race, sex,
color, age, religion, national origin, marital status, or disability in connection with its performance under
this formal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall
solely by reason of his/her race, sex, color, age, religion, national origin, marital status or disability be
excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any
program or activity.
In connection with the conduct of its business, including performance of services and employment of
personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion,
disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be
afforded equal opportunity for employment.
1.56. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION -At such times as may serve its
best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts
for these herein goods and/or services, and to make use of other competitively bid (governmental)
contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be
available.
It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of
the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction
with this Formal Solicitation.
In addition, any and all commodities, equipment, and services required by the City in conjunction with
construction projects are solicited under a distinctly different solicitation process and shall not be purchased
under the terms, conditions and awards rendered under this solicitation, unless such purchases are
determined to be in the best interest of the City.
1.57. OCCUPATIONAL LICENSE -Any person, firm, corporation or joint venture, with a business
location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the
City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of
Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational
License Tax requirements. A copy of the license must be submitted with the response; however, the City
may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City
during the evaluation period, but prior to award.
1.58. ONE PROPOSAL -Only one (I) Response from an individual, firm, partnership, corporation or
joint venture will be considered in response to this Formal Solicitation. When submitting an alternate
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response, please refer to the herein condition for "Alternate Responses May Be Considered".
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/Proposer
pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by
the Bidder/Proposer for any other purposes whatsoever without the written consent of the City.
1.60. PARTIAL INVALIDITY -If any provision of this Contract or the application thereof to any person
or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of
such provision to persons or circumstances other than those as to which it is held invalid shall not be
affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent
permitted by law.
1.61. PERFORMANCE/PAYMENT BOND -A Contractor may be required to furnish a
Perfomtance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred
percent (100%) of the contract price.
1.62. PREPARATION OF RESPONSES (HARDCOPY FORMAT) -Bidders/Proposers are expected to
examine the specifications, required delivery, drawings, and all special and general conditions. All
bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink.
Failure to do so will be at the Bidder's/Proposer's risk.
A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The
Bidder/Proposer shall sign the Response and print in ink or type the name of the Bidder/Proposer, address,
and telephone number on the face page and on each continuation sheet thereof on which he/she makes an
entry, as required.
B. If so required, the unit price for each unit offered shall be shown, and such price shall include
packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise
specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's
compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If
applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated
quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case
of a discrepancy between the unit price and extended price, the unit price will be presumed correct.
C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods
and/or services.
D. The Bidder/Proposer should retain a copy of all response documents for future reference.
E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in
ink with the firm's name and by an officer or employee having authority to bind the company or firm by
his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person
signing the response or the response may be rejected.
F. Responses are to remain valid for at least 180 days. Upon award ofa contract, the content of the
Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion.
G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in
hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING
HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS,
UNLESS OTHER WISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE
RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON-RESPONSIVE.
1.63. PRICE ADJUSTMENTS -Any price decrease effectuated during the contract period either by
reason of market change or on the part of the contractor to other customers shall be passed on to the City of
Miami.
1.64. PRODUCT SUBSTITUTES -In the event a particular awarded and approved manufacturer's
product becomes unavailable during the term of the Contract, the Contractor awarded that item may
arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or
lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds
all quality requirements.
1.65. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS -
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Contractor represents and warrants to the City that it has not employed or retained any person or company
employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to
pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in
connection with, the award of this Contract.
1.66. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however,
discounts shall not be considered in determining the lowest net cost for response evaluation purposes.
Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal
Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for
the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is
understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final
acceptance by the City, whichever is later.
When the City is entitled to a cash discount, the period of computation will commence on the date of
delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is
necessary due to damage, the cash discount period shall commence on the date final approval for payment
is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash
discount, the City is entitled to a cash discount with the period commencing on the date it is determined by
the City that a cash discount applies.
Price discounts off the original prices quoted on the Price Sheet will be accepted from successful
bidders/proposers during the term of the contract.
1.67. PROPERTY -Property owned by the City of Miami is the responsibility of the City of Miami. Such
property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City
of Miami. Damages to such property occurring while in the possession of the Contractor shall be the
responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami
shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total
loss, the Contractor shall be responsible for replacement value of the property at the current market value,
less depreciation of the property, ifany.
1.68. PROVISIONS BINDING -Except as otherwise expressly provided in the resulting Contract, all
covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the
benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns.
1.69. 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 submit a response on a contract to provide any
goods or services to a public entity, may not submit a response on a contract with a public entity for the
construction or repair of a public building or public work, may not submit responses on leases of real
property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public entity in
excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36
months from the date of being placed on the convicted vendor list.
1.70. PUBLIC RECORDS -Contractor understands that the public shall have access, at all reasonable
times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter
119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the
City and the public to all documents subject to disclosure under applicable law. Contractor's failure or
refusal to comply with the provision of this section shall result in the immediate cancellation of this
Contract by the City.
1.71. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRQDUCTS, AND EQUIPMENT -All
materials used in the manufacturing or construction of supplies, materials, or equipment covered by this
solicitation shall be new. The items bid/proposed must be of the latest make or model, of the best quality,
and of the highest grade of workmanship, unless as otherwise specified in this Solicitation.
1.72. QUALITY OF WORK/SERVICES -The work/services performed must be of the highest quality
and workmanship. Materials furnished to complete the service shall be new and of the highest quality
except as otherwise specified in this Solicitation.
1.73. REMEDIES PRIOR TO AWARD (Sec. 18-106) -Ifprior to Contract award it is determined that a
formal solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be
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cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be
applicable, or revised to comply with the law.
1.74. RESOLUTION OF CONTRACT DISPUTES (Sec. 18-105)
(a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city
attorney, shall have the authority to resolve controversies between the Contractual Party and the city which
arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater
than $25,000, the City Commission must approve the City Manager's decision. Such authority extends,
without limitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of
complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City
Manager.
(b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall
promptly render a written report stating the reasons for the action taken by the City Commission or the City
Manager which shall be 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 (Sec. 18-104)
(a) Right to protest. The following procedures shall be used for resolution of protested solicitations and
awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does
not exceed $25,000.
Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing.
I.Protest of Solicitation.
i. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications
or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to
file a protest is considered filed when received by the Chief Procurement Officer; or
ii. Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may
protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the
Chief Procurement Officer within three days after the solicitation is published in a newspaper of general
circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement
Officer.
2. Protest of Award.
i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two
days after receipt by the proposer of the notice of the City Manager's recommendation for award of
Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier
Comer, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City
Manager's recommendation can be found by selecting the details of the solicitation and is listed as
Recommendation of Award Posting Date and Recommendation of Award To fields. If"various" is
indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that
solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this
section of the website daily after responses are submitted to receive the notice; or
ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder
may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with
the Chief Procurement Officer within two days after receipt by the bidder of the notice of the city's
determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be
confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of
intent to file a protest is considered filed when received by the Chief Procurement Officer.
iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer
within five (5) days after the date the notice of protest was filed. A written protest is considered filed when
received by the Chief Procurement Officer.
The written protest may not challenge the relative weight of the evaluation criteria or the formula for
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Invitation for Bid (IFB) 150157
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 (t). 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 oftime prescribed
or allowed by this section, the day of the act, event or default from which the designated period of time
begins to run shall not be included. The last day of the period so computed shall be included 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. The Chief Procurement Officer shall have the authority, subject to the
approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief
Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting
party and shall submit said decision to the City Commission within 30 days after he/she receives the
protest. In cases involving more than $25,000, the decision of the Chief Procurement Officer shall be
submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by
the city attorney and the City Manager.
(c) Compliance with filing requirements. Failure of a party to timely file either the notice of intent to file a
protest or the written protest, together with the required Filing Fee as provided in subsection (t), with the
Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of
such party's right to file a protest pursuant to this section. The protesting party shall not be entitled to seek
judicial relief without first having followed the procedure set forth in this section
(d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the
requirements of this section, the city shall not proceed further with the solicitation or with the award of the
Contract until the protest is 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.
(e) Costs. All costs accruing from a protest shall be assumed by the protestor.
(t) Filing Fee. The written protest must be accompanied by a filing fee in the form ofa 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 $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which
may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by
the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded
to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee
shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by
subsection (e) above.
1.76. SAMPLES -Samples of items, when required, must be submitted within the time specified at no
expense to the City. Ifnot destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples,
at their expense, within 30 days after notification. Failure to remove the samples will result in the samples
becoming the property of the City.
1.77. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES -Contractor shall not sell,
assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or
assign any portion of the performance required by this contract, except under and by virtue of written
permission granted by the City through the proper officials, which may be withheld or conditioned, in the
City's sole discretion.
1.78. SERVICE AND WARRANTY -When specified, the bidder/proposer shall define all warranty,
service and replacements that will be provided. Bidders/Proposer must explain on the Response to what
extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable,
should be submitted with your response.
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Invitation for Bid (IFB) 150157
1.79. SILENCE OF SPECIFICATIONS -The apparent silence of these specifications and any
supplemental specification as to any detail or the omission from it of detailed description concerning any
point shall be regarded as meaning that only the best commercial practices are to prevail and that only
materials of first quality and correct type, size and design are to be used. All workmanship and services is
to be first quality.
All interpretations of these specifications shall be made upon the basis of this statement.
If your firm has a current contract with the State of Florida, Department of General Services, to supply the
items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply
with this request will result in disqualification of bid/proposal.
1.80. SUBMISSION AND RECEIPT OF RESPONSES -Responses shall be submitted electronically via
the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500
Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as
designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend
the solicitation closing; however, no award will be made at that time.
A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope,
box or package must show the hour and date specified for receipt of responses, the solicitation number and
title, and the name and return address of the Bidder/Proposer. Hardcopy responses not submitted on the
requisite Response Forms may be rejected. Hardcopy responses received at any other location than the
specified shall be deemed non-responsive.
Directions to City Hall:
FROM THE NORTH: 1-95 SOUTH UNTIL IT TURNS INTO US 1. US 1 SOUTH TO 27TH AVE.,
TURN LEFT, PROCEED SOUTH TO SO. BA YSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1
BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN
AMERICAN DR. PARKING IS ON RIGHT.
FROM THE SOUTH: US 1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO.
BA YSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN
AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT.
B. Facsimile responses will not be considered.
C. Failure to follow these procedures is cause for rejection of bid/proposal.
D. The responsibility for obtaining and submitting a response on or before the close date is solely and
strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by
the United States mail delivery or caused by any other occurrence. Responses received after the
solicitation closing date and time will be returned unopened, and will not be considered for award.
E. Late responses will be rejected.
F. All responses are subject to the conditions specified herein. Those which do not comply with these
conditions are subject to rejection.
G. Modification of responses already submitted will be considered only if received at the City before the
time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle
System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider
any subsequent submission which alters the responses.
H. If hardcopy responses are submitted at the same time for different solicitations, each response must be
placed in a separate envelope, box, or package and each envelope, box or package must contain the
information previously stated in I.S2.A.
1.81. TAXES -The City of Miami is exempt from any taxes imposed by the State and/or Federal
Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers
should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for
the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.0S,
Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer.
1.82. TERMINATION -The City Manager on behalf of the City of Miami reserves the right to terminate
this contract by written notice to the contractor effective the date specified in the notice should any of the
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Invitation for Bid (IFB) 150157
following apply:
A. The contractor is determined by the City to be in breach of any of the terms and conditions of the
contract.
B. The City has determined that such termination will be in the best interest of the City to terminate the
contract for its own convenience;
C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is
contingent upon the availability of appropriate funds.
1.83. TERMS OF PAYMENT -Payment will be made by the City after the goods and/or services
awarded to a Bidder/Proposer have been received, inspected, and found to comply with award
specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be
made by the City of Miami.
Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection
and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable
law.
1.84. TIMELY DELIVERY -Time will be of the essence for any orders placed as a result of this
solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if
delivery is not made within the time(s) specified on their Response. Deliveries are to be made during
regular City business hours unless otherwise specified in the Special Conditions.
1.85. TITLE -Title to the goods or equipment shall not pass to the City until after the City has accepted
the goods/equipment or used the goods, whichever comes first.
1.86.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE-All Responses
submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An
exception may be made for "trade secrets."
If the Response contains information that constitutes a "trade secret", all material that qualifies for
exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE
SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the
outside.
Please be aware that the designation of an item as a trade secret by you may be challenged in court by any
person. By your designation of material in your Response as a "trade secret" you agree to indemnify and
hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and
attorney's fees incurred by the City by reason of any legal action challenging your claim.
Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or
deliver any goods unless a change order or purchase order is issued and received by the Contractor. The
qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the
scope of the contract or any work performed by an employee not otherwise previously authorized.
1.88. 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 this Solicitation are to be mentioned, or imply the name of the City, without prior express
written permission of the City Manager or the City Commission.
1.89. VARIATIONS OF SPECIFICATIONS -For purposes of solicitation evaluation, bidders/proposers
must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If
variations are not stated on their Response, it will be assumed that the product fully complies with the
City's specifications.
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Invitation for Bid (IF B) 150157
2. Special Conditions
2.1. PURPOSE
The purpose of this Solicitation is to establish a contract, for leasing of approximately twenty-five (25)
brand new certified traffic law enforcement motorcycles, as specified herein, from a source(s) of supply
that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the
solicitation.
2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL
INFORMA TION/CLARIFICA TION
Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the
Purchasing Department, Attn: Terry Byrnes, CPPB; fax: (305) 400-5230 or email: tbyrnes@ci.miami.fl.us.
The solicitation title and number shall be referenced on all correspondence. All questions must be received
no later than Monday, February 8, 2010 at 3:00 PM. All responses to questions will be sent to all
prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED
VERBALL Y OR AFTER SAID DEADLINE.
2.3. TERM OF CONTRACT
The Contract shall commence upon the date of notice of award and shall be effective for two (2) years with
the option to extend for one (1) additional two (2) year period, subject to the availability of funds for
succeeding fiscal years.
Continuation of the Contract beyond the initial period is a City prerogative; not a right of the Bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.4. CONDITIONS FOR RENEWAL
Each renewal of this contract is subject to the following:
a) Continued satisfactory performance compliance with the specifications, terms and conditions
established herein.
b) Availability of funds
In the event the Successful Bidder is unable to extend the contract for any subsequent period under the
above conditions, or for whatever cause, advance written notice and explanation must be submitted to the
Chief Procurement Officer, no later than ninety (90) days prior to the annual expiration date. Such
notification is subject to the acceptance of the City, or the authorized dealer may be found to be in default.
2.5. NON-APPROPRIATION OF FUNDS
In the event no funds or insufficient funds are appropriated and budgeted or are otherwise unavailable in
any fiscal period for payments due under this contract, then the City, upon written notice to Successful
Bidder or their assignee of such occurrence, shall have the unqualified right to terminate the contract
without any penalty or expense. No guarantee, warranty or representation is made that any particular
project(s) will be awarded to any firm(s).
2.6. METHOD OF AWARD
Award will be made to the lowest responsive and responsible bidder, whose base lease price bid, when
combined with any of the below options selected by the City represents the lowest total leasing cost, on an
item by item, a combination of items or a total of all items basis, whichever is in the best interest of the
City:
1) With and Without the Maintenance Cost for Two Years;
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Invitation for Bid (IFB) 150157
2) With and Without the Maintenance Cost for Two Additional Years;
3) Transportation of Motorcycles to/from Dealer for Repairs/Maintenance as necessary and
4) Buy Back Cost upon Completion of Contract Period.
2.7. BIDDER'S MINIMUM QUALIFICATIONS
a) Bids will be considered only from firms that are authorized dealers and are regularly engaged in the
business of providing goods and services as described in this Bid; that have a record of performance for a
reasonable period of time; and that have sufficient financial support, equipment and organization to insure
that they can satisfactorily execute the services if awarded a Contract under the terms and conditions herein
stated.
b) Not have any member, officer, or stockholder that is in arrears or is in default of any debt or contract
involving the City, is a defaulter surety otherwise, upon any obligation to the City, and/or has failed to
perform faithfully on any previous contract with the City.
c) Have no record of pending lawsuits or criminal activities, and have never been declared bankrupt.
The term "equipment and organization" as used herein shall be construed to mean a fully equipped and
well established industry as determined by the City of Miami, Florida.
Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This
prerogative will be exercised only when such continuation is clearly in the best interest of the City.
2.8. DELIVERY REQUIREMENTS
Bidders shall state in the space provided on the Bid Information Form the number of workdays for delivery
after receipt of a purchase order. All motorcycles ordered prior to manufacturer's close of production and
in accordance with the bid contract shall be supplied in the manufacturer's next model run of that class
motorcycle even if it requires supplying a newer year production model at the original bid prices.
Successful Bidder shall place order with the manufacturer within six (6) workdays after receipt of the City's
purchase order. Successful Bidder shall complete delivery to user department within twelve (12) workdays
after receipt of motorcycle from manufacturer.
All deliveries of motorcycles with more than 225 odometer miles, except units requiring body
modification, shall be accomplished by transport. Deliveries of motorcycles with less than 225 odometer
miles may be accomplished by driving the motorcycle. Any delivery by driving the motorcycle must be
supervised, and the driver must comply with the manufacturer's break-in requirements and all applicable
traffic laws and ordinances. At the City's option, a motorcycle with more than 225 odometer miles may be
rejected. In any event, all warranties will begin at the time of acceptance by the City of Miami.
There shall be an acceptance and break-in period of thirty (30) days. During this period, the motorcycles
shall have operated in a manner considered satisfactory and operational, without break-downs or loss of
component functions.
Successful Bidder shall notify the City of Miami personnel designated on the purchase order no less than
24 hours prior to delivery. Deliveries will be accepted only between 8:00 A.M. and 3:00 P.M. during the
City's normal workdays of Monday thru Friday, excluding weekends and City holidays. Transport
deliveries must be unloaded and ready for inspection prior to 3:00 P.M. Deliveries not complying with
these requirements may be rejected and will have to be redelivered at the contractor's expense.
Delivery Point: General Services Administration
Fleet Management Division
Attention: Jose Davila
1390 NW 20 Street
Miami, FL 33142
2.9. TRANSPORT/PROOF OF DELIVERYIDELIVERY TICKET PAPERWORK TO
ACCOMPANY MOTORCYCLES DURING DELIVERY
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Invitation for Bid (IFB) 150157
The Successful Bidder shall submit any and all transport/proof of delivery/delivery ticket paperwork with
the motorcycles delivered in conjunction with this bid solicitation. A copy transport/proof of
deliver/delivery ticket paperwork shall be made available to the City's authorized representative during
delivery containing, at a minimum, the following information: purchase order number; date of order; a
complete description (i.e. year/model/vehicle identification number, etc.) of the motorcycle being
delivered.
2.10. ACCEPTANCE
Delivery of a motorcycle to the City does not constitute acceptance for the purpose of payment. Final
acceptance and authorization for payment shall be given only after a thorough inspection indicates that the
motorcycle meets bid specifications and conditions. Should the delivered motorcycle(s) differ in any
respect from the specifications, payment will be withheld until such time as the Successful Bidder takes
necessary corrective action. The Purchasing Department shall be notified of the deviation in writing within
ten days of delivery. If the proposed corrective action is not acceptable to the City, the Purchasing
Department may authorize the using department to refuse final acceptance of the motorcycle, in which case
the motorcycle(s) shall remain the property of the Successful Bidder, and the City shall not be liable for
payment for any portion thereof.
2.11. SUCCESSFUL BIDDER LEASING AGREEMENT
Bidder's must submit a copy of its Dealer Lease with its' bid for legal review by the Office of the City
Attorney. If Successful Bidder's leasing terms and conditions are deemed not to be in the best interest of the
City of Miami and Successful Bidder is unable to come to agreeable terms with the City, the City will
reserve the right to reject the bid and make award to the next lowest responsive and responsible bidder
whose lease is most advantageous and in the best interest of the City.
2.12. ADDITIONAL LEASING OF MOTORCYCLES OR ADDITIONAL PARTS OR
ACCESSORIES REQUIRED
Although this Solicitation identifies a specific amount of motorcycles to be leased and delivered in the
Price Lines Section, it is hereby agreed and understood that General Services Administration (GSA) may
add additional leased motorcycles to this contract at the option of the City under the same terms,
conditions, and prices by Successful Bidder. When additional parts or accessories to the contract are
required, the Successful Bidder under this contract shall be invited to submit a price quote. If the quote is
comparable with prices offered by other authorized dealer(s) based on market research for the same parts or
accessories, the award(s) shall be made to the Successful Bidder and a separate purchase order shall be
issued by the City.
2.13. FACTORY DEFECTS
All material specified hereafter shall be fully guaranteed by the Successful Bidder against factory defects.
Any defects which may occur as the result of either faulty material or workmanship within the period of the
manufacturer's standard warranty will be corrected by the Successful Bidder at no expense to the City.
2.14. SERVICE AND FACILITIES
The Successful Bidder shall maintain and/or operate a service/repair facility within Miami-Dade or
Broward County area and shall provide reasonably prompt service and/or repair for City leased
motorcycle(s), as needed. Service and repair required due to ordinary wear, mechanical malfunction or
manufacturer defect shall be the complete responsibility of the Successful Bidder.
2.15. PARTS AND ACCESSORIES
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Invitation for Bid (IFB) 150157
All parts and accessories installed and used on the motorcycles shall be unused, and or new (of current
design or manufacture). Salvage materials will not be allowed. All parts and accessories shall be of the
highest quality and installed in a manner to ensure safe and functional operation.
2.16. DEMONSTRATIONS AND CONTRACT ADMINISTRATOR
Upon issuance of contract award, Successful Bidder shall report and work directly with Jose Davila, Fleet
Superintendant. Successful Bidder may be called upon to demonstrate the motorcycles offered. Such
demonstration and inspection shall be by arrangement with Contract Administrator.
2.17. THIRD PARTY LEASING AGREEMENT
The City, at the request of the Successful Bidder, may sign a lease agreement with a third party, provided
the lease terms and conditions stated in this bid supersede all terms and conditions stated in that lease
agreement. The Successful Bidder shall assume the responsibility for any and all additional costs occurring
from any variance in the terms and conditions of this solicitation, and those offered in any standard
language lease of a third party, signed by the City at the request of the bidder. Your submitted bid will be
accepted as acknowledgment of compliance with this requirement. If bidder requires a third party lease,
bidder must submit a copy of its third party lease with its' Bid for review by the Office of the City
Attorney. If the authorized dealer and its' third party leasing terms and conditions are deemed not to be in
the best interest of the City of Miami and the authorized dealer and third party are unable to come to
agreeable terms with the City, the City will reserve the right to reject the bid and make award to the next
lowest responsive and responsible bidder whose lease is most advantageous and in the best interest of the
City.
2.18. FAILURE TO PERFORM
Should it not be possible to reach the Successful Bidder or authorized representative and/or should
remedial action not be immediately taken on any failure to perform according to specifications, the City
reserves the right to declare Successful Bidder in default of the contract or make appropriate reductions in
the contract payment.
2.19. EQUAL PRODUCT
Manufacturer's name, brand name and model/style number when used in these specifications are for the
sole purpose of establishing minimum requirements oflevels of quality, standards of performance and
design required and is in no way intended to prohibit the bidding of other manufacturer's brands of equal
quality, unless otherwise indicated. Equal (substitution) may be bid, provided product so bid is found to be
equal in quality, standards of performance, design, etc., to item specified, unless otherwise indicated.
Where equal is proposed, bid must be accompanied by complete factory information (specifications,
brochures, etc.) and test results of unit bid as equal. Failure to do so at time of bid may deem your
bid non-responsive.
2.20. PAYMENT TO THIRD PARTY
The City may make direct monthly payments to a third party lessee upon completion and submission of a
W -9 Form by the third party lessee and receipt of a letter authorizing such direct payment to the third party
lessee by the bidder. Upon satisfactory completion of these requirements the City will initiate such direct
monthly payments.
2.21. MISCELLANEOUS FEES
Lessee agrees to pay for all official fees in connection with the certificate of title, registration and license
fees and any applicable taxes, for each of the lease motorcycles. Lessor agrees to waive all charges with
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respect to freight and Dealer Prep of the motorcycles.
2.22. INSURANCE REQUIREMENTS
INDEMNIFICA nON
Invitation for Bid (IFB) 150157
Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and
all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the
provisions of the contract, including all acts or omissions to act on the part of bidder, including any person
performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses
and causes of such action are not attributable to the negligence or misconduct of the City and, from and
against any orders, judgments or decrees which may be entered and which may result from this Contract,
unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys'
fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof.
The bidder shall furnish to City of Miami, c/o Purchasing Department, 444 SW 2nd Avenue, 6th Floor,
Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained
which meets the requirements as outlined below:
2.22.1. Garage Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Each Occurrence
General Aggregate Limit
$ 1,000,000
$ 2,000,000
Products/Completed Operations $ 1,000,000
Personal and Advertising Injury $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
Waiver of Subrogation
2.22.2. Business Automobile Liability
A. Limits of Liability
Bodily Injury and Property Damage Liability
Combined Single Limit
Scheduled Autos
Including Hired, Borrowed or Non-Owned Autos
Any One Accident $ 1,000,000
B. Endorsements Required
City of Miami included as an Additional Insured
2.22.3. Worker's Compensation
A. Limits of Liability
B. Statutory-State of Florida
C. Waiver of subrogation
2.22.4. Employer's Liability
A. Limits of Liability
B. $100,000 for bodily injury caused by an accident, each accident.
C. $100,000 for bodily injury caused by disease, each employee
D. $500,000 each accident, disease-each employee, disease policy limit
Page 31 of36
2.22.5. Garage Keepers Legal Liability
A. Limits of Liability $ 2,000,000
B. Coverage written on a Legal Liability Basis, Primary
C. Deductibles
D. Comprehensive Each Auto $1,000/$2,500 Max
E. Collision or Upset Each Auto $1,000/$5,000 Max
2.22.6. Umbrella Policy
A. Limits of Liability
B. Bodily Injury and Property Damage Liability
C. Each Occurrence
D. Aggregate
$ 5,000,000
$ 5,000,000
Invitation for Bid (IFB) 150157
Companies authorized to do business in the State of Florida with the following qualifications, shall issue
all insurance Policies required above.
The company must be rated no loss than "A" as to Management, and no less than "Class V" as to Financial
Strength by the latest edition of Best Insurance Guide, published by A.M. Best Company, Oldwick, New
Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification
by Risk Management prior to insurance approval.
Companies shall provide written notice to the City's Department of Risk Management of any material
change, cancellation and/or notice of non-renewal ofthe insurance within 30 days of the change.
Certificates will indicate no modification or change in insurance shall be made without thirty (30) days
written advance notice to the certificate holder.
NOTE: CITY BID NUMBER AND/OR TITLE OF BID MUST APPEAR ON EACH CERTIFICATE.
Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation
under this section or under any other section of this Agreement.
--If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be
responsible for submitting new or renewed insurance certificates to the City at a minimum often (10)
calendar days in advance of such expiration.
--In the event that expired certificates are not replaced with new or renewed certificates which cover
the contractual period, the City shall:
a. Suspend the contract until such time as the new or renewed certificates are received by the City in the
manner prescribed in the Invitation To Bid.
b. The City may, at its sole discretion, terminate this contract for cause and seek re-procurement damages
from the Bidder in conjunction with the General Terms and Conditions of the Bid.
The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this
Section remain in force for the duration ofthe contractual period; including any and all option terms that
may be granted to the Bidder.
2.23. TIE-BIDS
Whenever two or more Bids which are equal with respect to price, quality and service are received by the
City/Bayfront Park Management Trust for the procurement of commodities or contractual services, a Bid
received from a business that certifies that it has implemented a drug-free workplace program shall be
given preference in the award process. Established procedures for processing tie Bids will be followed if
none of the tied vendors have a drug-free workplace program. In order to have a drug-free workplace
program, a business shall:
(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
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Invitation for Bid (IFB) 150157
will be taken against employees for violations of such prohibition;
(2) Inform employees about the dangers of drug abuse in the workplace, the business' policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance
programs, and the penalties that may be imposed upon employees for drug abuse violations;
(3) Give each employee engaged in providing the commodities or contractual services that are under Bid a
copy of the statement specified in subsection (1);
(4) In the statement specified in subsection (1), notify the employees that, as a condition of working on the
commodities or contractual services that are under Bid, the employee will abide by the terms of the
statement and will notify the employer of any conviction or plea of guilty or nolo contendere to any
violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation
occurring in the workplace no later than five (5) days after such conviction;
(5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program, ifsuch is available in the employee's community, by any employee who is so
convicted and
(6) Make a good faith effort to continue to maintain a drug-free workplace through implementation of this
section.
2.24. WARRANTY BY MANUFACTURER
A copy of the manufacturer's standard warranty must be submitted with bids. Failure to comply with this
provision may disqualify bids.
2.25. WARRANTY OF PARTS
Successful Bidder warrants the parts to be free from defects in material and workmanship. The Successful
Bidder's obligation is limited to finishing, on an exchange basis, replacements for parts which have been
promptly reported by the City as having been defective.
2.26. WARRANTIES OF MILEAGE
The authorized dealer shall warrant the motorcycle against parts failure or malfunction due to design,
construction or installation errors, defective workmanship, or missing or incorrect parts for a minimum of
twenty four (24) months, or 24,000 miles of operation, whichever occurs first. However, if the authorized
dealer received from any supplier additional warranty on the whole or any components of the motorcycle in
the form of item or mileage, including any pro-rata arrangements, or if the authorized dealer generally
extends to his commercial customers a greater or extended coverage, the City shall receive corresponding
warranty benefits. The starting actual service, not the date delivered by the awarded authorized dealer.
Awarded authorized dealer will be advised of the date motorcycles are placed in service.
2.27. WARRANTY FAILURE BY DEALER/SUCCESSFUL BIDDER
Failure by any manufacturer's authorized dealer to render proper warranty service or adjustments,
including providing a copy of the warranty work order to the city, shall subject that dealer and the
contractor to suspension from the City's bidders' list until satisfactory evidence of correction is presented to
the City's Purchasing Department.
2.28. WARRANTY, FITNESS FOR PURPOSE
The Successful Bidder warrants items supplied under this contract conform to specifications herein and are
fit for the purpose for which such goods are ordinarily employed; except, if stated in a Special Condition,
the item must be fit for that particular purpose. The Successful Bidder and the City agree that orders under
this contract do not exclude, or in any way limit, other warranties, provided in this agreement or by law.
Page 33 of 36
'"
Invitation for Bid (IFB) 150157
2.29. REFERENCES
Each Bid must be accompanied by the list of three references as reflected in the Header/Attributes Section
of this Solicitation, which shall include the name of the company, dates of contract, description of goods
supplied, a contact person and the telephone number. NO BID WILL BE CONSIDERED WITHOUT THIS
LIST,
2.30. SPECIFICATION EXCEPTIONS
Specifications are based on the most current literature available. Bidder shall notify the City of Miami
Purchasing Department, in writing, no less than ten (10) days prior to Solicitation closing date of any
change in the manufacturer's specifications which conflict with these Specifications. For hard copy Bid
submittals, Bidders must explain any deviation from the Specifications in writing as a footnote on the
applicable Specification page and enclose a copy of the manufacturer's specifications data detailing the
changed item(s) with their submission. For electronic Bid submittals, said explanation must be included in
the Header/Attachments Section with an enclosed scanned copy of the manufacturer's specifications data
detailing the changed item(s). Additionally, Bidders must indicate any options requiring the addition of
other options, as well as those which are included as a part of another option. Failure of Bidders to comply
with these provisions will result in Bidders being held responsible for all costs required to bring the item(s)
in compliance with Contract Specifications,
2.31. MAINTENANCE AGREEMENT
Bidder shall quote, where asked for, on the Price Lines Section, as part of the two (2) year lease
rate, an all-inclusive price for a full service/parts maintenance agreement. This agreement will be accepted
at the sole discretion of the City of Miami. The all-inclusive maintenance price shall include all parts/labor
(including travel time) for the entire motorcycle lease under this bid. This optional agreement may be
extended for one additional two (2) year period.
2.32. TERMINATION
A. FOR DEFAULT
If Successful Proposer defaults in its performance under this Contract and does not cure the default within
30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part,
upon written notice without penalty to the City of Miami. In such event the Successful Proposer shall be
liable for damages including the excess cost of procuring similar supplies or services: provided that if, (I) it
is determined for any reason that the Successful Proposer was not in default or (2) the Successful
Proposer's failure to perform is without its control, fault or negligence, or for that of its Sub-contractor's,
the termination will be deemed to be a termination for convenience by the City of Miami.
B. FOR CONVENIENCE
The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice
when in the best interest of the City of Miami. If this Contract is for supplies, products, equipment, or
software, and so terminated for convenience by the City of Miami the Successful Proposer will be
compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for
services and so terminated, the City of Miami shall be liable only for payment in accordance with the
payment provisions of the Contract for those services rendered prior to termination.
2.33. ADDITIONAL TERMS AND CONDITIONS
No additional terms and conditions included with the Bid response shall be evaluated or considered, and
any and all such additional terms and conditions shall have no force or effect and are inapplicable to this
Solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately
in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the
General and Special Terms and Conditions in this Bid Solicitation are the only conditions applicable and
that the Bidder's authorized signature affixed to the Bidder's acknowledgment form attests to the same.
Page 34 of36
Invitation for Bid (IFB) 150157
3. Specifications
3.1. SPECIFICATIONS/SCOPE OF WORK
It is the intent of these Specifications to describe the requirements for a two (2) year lease agreement with
the option to renew for one additional two (2) year period between the City of Miami, General Services
Administration and an Authorized Dealer/Successful Bidder capable of supplying approximately
twenty-five (25) current model production year, certified traffic law enforcement motorcycles to be used by
the City of Miami Department of Police (Harley Davidson or Approved Equal).
All proposed motorcycles shall be of the current model production year, and in full compliance or
approved equal to the following specifications:
3.1.1. Engine: Piston displacement shall not be less than 1450cc. Engine shall be air-cooled shall have
two cylinders equipped with overhead valves. Engine and transmission shall be isolated from motorcycle
frame through a rubber mounting system to insure all vibration is kept to a minimum.
3.1.2. Power Train Deluxe Chrome Group: Designed for low maintenance, engine shall include a black
wrinkle paint finish, chrome rocker boxes, timer cover, outer primary housing and transmission covers.
3.1.3. Sequential Port Fuel Injection System (EFI): Engine shall include a port fuel injection system.
3.1.4. Clutch: The clutch shall be of the latest multiple plate design. Starter motor operation shall require
the clutch be disengaged. Clutch shall include low effort hand levers.
3.1.5. Transmission: The transmission shall be a manual type of the latest design with at least five (5)
forward speeds.
3.1.6. Brakes: Front and rear disc brakes with Anti-Lock Braking Systems (ABS) shall be provided.
Brakes shall be designed for police use and be relatively free from heat fade.
3.1.7. Suspension system: The chassis shall be equipped with a heavy duty, air adjustable front and rear
suspension. The rear suspension shall be adjustable to allow compensation for imposed loads. Suspension
shall be of adequate design to permit optimum handling conditions as required in metropolitan area traffic
law enforcement.
3.1. 7.1. Rear suspension shall have swing-arm bearings that require no lubrication for the life of the
motorcycle.
3.1.7.2. Front suspension shall be equipped with a passive anti-dive system.
3.1.8. WheelslTires: Chassis shall include cast wheels with tubeless tires. Tires shall be factory supplied
and suitable for the motorcycles intended use. Tires shall be designed to remain on wheel during loss of air
pressure.
3.1.9. Fuel Tank: Capacity of not less than five (5) U.S. gallons.
3.1.10. Electrical System: A twelve (12) volt, negative ground electrical system shall include, but not be
limited to, the following:
3.1.10.1. One (I) heavy-duty 12-volt battery with a minimum rated capacity of 28-ampere hours.
3.1.10.2. One (1) 45 amp high-output alternator with a solid-state voltage regulator.
3.1.10.3. All connectors shall be industrial grade throughout the electrical system.
3.1.10.4. One (I) electrical accessory connection shall be provided.
3.1.1 0.5. Hand control switches shall be water resistant and designed for repetitive use.
3.1.10.6. One (1) electric starter with solenoid operated engagement and relay.
3.1.1 0.7. One (I) hom with an adequate sound level to be heard above motorcycle and traffic generated
noise.
3.1.11. Each motorcycle shall be equipped with the following lighting equipment:
3.1.11.1. One (1) quartz halogen headlight.
3.1.11.2. One (l) taillight assembly.
3.1.11.3. One (I) set of self canceling tum signals.
3.1.11.4. One (1) set of running lights integrated into fender tips and front tum signals.
3.1.12. Instrumentation and Visual Displays: The motorcycle shall include the following:
3.1.12.1. Speedometer -Certified analog speedometer, to indicate 0-120 M.P .H.
Page 35 of36
Invitation for Bid (IFB) 150157
3.1.12.2. Odometer -A calibrated, cumulative odometer
3.1.12.3. Fuel Level Gauge
3.1.12.4. Indicator Lamps -Including pursuit lamp indicator
3.1.12.5. Sight Glass on Brake Master Cylinders
3.1.12.6. Low Fuel Indicator Lamp
3.1.12.7. Engine Diagnostic Lamp
3.1.13. Seat: One (1) deluxe police style air saddle shall be provided and be covered with breathable
material. Seat shall include a rear back support and be equipped with a quick release mechanism. Seat
assembly shall include a single air bladder with reservoir and gauge.
3.1.14. Side Stand: One (I) side stand with positive locking mechanism shall be provided.
3.1.15. Footboards: One (1) set of adjustable footboards shall be provided. Footboards shall include
non-skid rubber pads on upper surfaces.
3.1.16. Engine Guards: Chassis shall include one (1) front engine guard and one (1) set of rear saddlebag
guards.
3.1.17. Saddlebags: Chassis shall include factory installed, law enforcement type fiberglass saddlebags.
Bags shall be waterproof and utilize police style speed latches.
3.1.18. Final Drive: Final drive shall be a reinforced belt. Chain drives are unacceptable.
3.1.19. Windshield: One (1) Lexan TM or clear polycarbonate windshield shall be provided.
3.1.20. Mirrors: Two (2) true image rear view mirrors shall be provided.
3.1.21. Miscellaneous: One (1) key shall fit all locks. One (1) microphone jack shall be provided
3.2. BUY BACK AGREEMENT
The City of Miami shall have the option to purchase any or all motorcycles at the end of the first two-year
period of the lease agreement or at the end of the second renewal period, whichever is in the best interest of
the City, at the same price specified for Buyback in the Price Lines Section of the Bid.
3.3. WARRANTY, REPAIRS & MAINTENANCE
3.3.1. The warranty shall be for a period of not less than two (2) years. The warranty shall cover, but is
not limited to, repairs for the engine, transmission, fuel system, electrical system, suspension, power train,
brakes, controls, cables, belts and chains.
3.3.2. The authorized dealer agrees to allow City to perform all service and non-warranty repairs at the
City's maintenance facility utilizing City personnel.
3.3.3. The City of Miami reserves the right to return the motorcycle to any certified dealer of choice for
warranty repairs.
3.3.4. The dealer shall be responsible for the pickup and delivery of all motorcycles requiring repair,
maintenance or warranty work. Motorcycles shall be transported using a trailer, flatbed or other vehicle
designed specifically to transport motorcycles. The dealer shall pick up motorcycles requiring repair,
maintenance or warranty work within 24 hours of notification. Also, motorcycles shall be delivered within
24 hours thereafter completion of said repairs.
Page 36 of36
----
,
July 5, 2013
To whom it may concern:
Please be advised that Peterson's Harley-Davidson of Miami, llC and Peterson's Harley-Davidson South,
LlC are the only factory authorized Harley-Davidson dealers in the Miami-Dade County.
Our police leasing program is consistent across all police and municipalities for pricing, service schedules
and repairs.
If you need any further information, please contact me 305-651-4811, extension 501.
~inc~~/ d , __________ ::.-__
,.. ~~/;2.~-===
ce Armstrong
General Manager
Peterson's Harley-Davidson of Miami, LLC
Detail by Entity Name Page lof3
<~ ~ FLORIDA DEPARTMENT OF STATE ~ rtt·· ~~vf _~ ,
" 'I~ #"
DIVISION OF CORPORATIONS ' "! ,!i~' £~;:tJm (Z ,~ ~" ~
'> ,,-t'''''
~ ~ ~ \~~ ":i~,"';~;;J'
%;" i¥:4;'
Detail by Entity Name
Florida Limited Liabilitv Company
PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.
Filina Information
Document Number L93000000205
FEI/EIN Number 650418864
Date Filed 06/29/1993
State FL
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 10/26/2007
Event Effective Date NONE
Principal Address
19400 N.W. 2ND AVENUE
MIAMI, FL 33169
Changed: 04/25/1996
MailinQ Address
19400 N.W. 2ND AVENUE
MIAMI, FL 33169
Changed: 04/25/1996
ReQistered AQent Name & Address
PETERSON, DIRK M
19400 N.W. 2ND AVENUE
MIAMI, FL 33169
Name Changed: 03/01/2000
Address Changed: 04/25/1996
ManaQer/Member Detail
Name & Address
Document Number 297433
Title MGR
PETERSON, DIRK M
http://search.sunbiz.org/lnquiry/CorporationSearch/SearchResultDetaiI/Enti... 7/19/2013
Detail by Entity Name
19400 N.W. 2ND AVE.
MIAMI, FL 33169
Annual Reports
Report Year Filed Date
2011 01/15/2011
2012 03/21/2012
2013 01/29/2013
Document Imaaes
01/29/2013 --ANNUAL REPORT
03/21/2012 --ANNUAL REPORT
01/15/2011 --ANNUAL REPORT
02/26/2010 --ANNUAL REPORT
03/26/2009 --ANNUAL REPORT
04/09/2008 --ANNUAL REPORT
10/26/2007 --LC Name Change
04/17/2007 --ANNUAL REPORT
02/16/2007 --ANNUAL REPORT
04/14/2006 --ANNUAL REPORT
01/14/2005 --ANNUAL REPORT
01/16/2004 --ANNUAL REPORT
04/12/2003 --ANNUAL REPORT
04/03/2002 --ANNUAL REPORT
11/15/2001 --Name Change
04/09/2001 _ .. ANNUAL REPORT
03/01/2000 --ANNUAL REPORT
03/04/1999 --ANNUAL REPORT
03/30/1998 --ANNUAL REPORT
04/23/1997 --ANNUAL REPORT
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COPYright co and Privacy PoilCies
State of Florida, Department of State
Page 2 of3
http:// search. sun biz. orgllnquiry ICorporationSearch/SearchResultDetaiI/Enti .. .c· 7/19/2013
2013 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L93000000205
Entity Name: PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C.
Current Principal Place of Business:
19400 N.w. 2ND AVENUE
MIAMI, FL 33169
Current Mailing Address:
19400 N.W. 2ND AVENUE
MIAMI, FL 33169
FEI Number: 65-0418864
Name and Address of Current Registered Agent:
PETERSON, DIRK M
19400 N.w. 2ND AVENUE
MIAMI, FL 33169 US
FILED
Jan 29, 2013
Secretary of State
Certificate of Status Desired: Yes
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE:
Electronic Signature of Registered Agent Date
Manager/Member Detail Detail :
Title MGR
Name PETERSON, DIRK M
Address 19400 N.w. 2ND AVE.
City-State-Zip: MIAMI FL 33169
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that' am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: DIRK M PETERSON MGR 01/29/2013
Electronic Signature of Signing Manager/Member Detail Date
Detail by Entity Name Page 1 of 3
Detail by Entity Name
Florida Limited Liabilitv Company
PETERSON'S HARLEY-DAVIDSON SOUTH, L.L.C.
Filina Information
Document Number L93000000204
FEI/EIN Number 650418867
Date Filed 06/29/1993
State FL
Status ACTIVE
Last Event LC NAME CHANGE
Event Date Filed 10/26/2007
Event Effective Date NONE
Principal Address
19825 SOUTH DIXIE HIGHWAY
MIAMI, FL 33157
Changed: 04/14/2006
Mailina Address
19400 NW 2ND AVE
MIAMI, FL 33169
Changed: 04/09/2001
Reaistered Agent Name & Address
PETERSON, DIRK
19400 N.W. 2ND AVENUE
MIAMI, FL 33169
Name Changed: 01/29/2013
Address Changed: 03/18/1996
Manaaer/Member Detail
Name & Address
Document Number 297433
Title MGR
PETERSON, DREW A
http:// search. sunbiz. org/lnquiry/CorporationSearch/SearchResultDetailiEnti... 7/19/2013
FILED 2013 FLORIDA LIMITED LIABILITY COMPANY ANNUAL REPORT
DOCUMENT# L93000000204
Entity Name: PETERSON'S HARLEY-DAVIDSON SOUTH, L.L.C.
Current Principal Place of Business:
Jan 29, 2013
Secretary of State
19825 SOUTH DIXIE HIGHWAY
MIAMI, FL 33157
Current Mailing Address:
19400 NW 2ND AVE
MIAMI, FL 33169
FEI Number: 65-0418867
Name and Address of Current Registered Agent:
PETERSON, DIRK
19400 N.w. 2ND AVENUE
MIAMI, FL 33169 US
Certificate of Status Desired: Yes
The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida.
SIGNATURE: DIRK PETERSON 01/29/2013
Electronic Signature of Registered Agent Date
Manager/Member Detail Detail :
Title MGR Title TRUSTEE
Name PETERSON, DREW A Name PETERSON, DIRK
Address 19400 N.w. 2ND AVENUE Address 19400 NW 2ND AVE
City-State-Zip: MIAMI FL 33169 City-State-Zip: MIAMI FL 33169
I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under
oath; that I am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 608, Florida Statutes; and
that my name appears above, or on an attachment with all other like empowered.
SIGNATURE: DIRK PETERSON TRUSTEE 01/29/2013
Electronic Signature of Signing Manager/Member Detail Date
SE
NEIGHBORS CALENDAR
CITY OF SOUTH MIAMI
COURTESY NOTICE
• CALENDAR, FROM 18SE
Museum, 285 Aragon Ave., Coral
Gables. Free with Museum Admis-
sion. 305-603-8067.
coralgablesmuseum.org.
NOTICE IS HEREBY given that the City Commission of the City of South Miami, Florida will conduct g~ill~~!~ ~fl\1 !~~I~~ ~~o:;,~r;~ Series:
Public Hearing(s) at its regular City Commission meeting scheduled for Tuesday, August 6, 2013, beginning themselves into Dolphin Mali's free
at 7:00 p.m., in the City Commission Chambers, 6130 Sunset Drive, to consider the following item(s): movie screenings, arts and crafts
lessons and other exciting, "cool,"
An Ordinance amending Section 15-93, titled "Noise-creating blowers, power fans, or internal indoor activities, as Ihe center
combustion engines, outdoor powered tools and other equipment" of the existing noise ordinance, ~g~~~~i~; ~;lIs~~~~~ i~~~f~~vities.
A Resolution authorizing the City Manager to execute a Professional Service Agreement ~i~~~~~t~~V~~~~i~:~~'J ~~Pt~ti~~i_
provided under Florida Statute 287,055 Consultant's Competitive Negotiation Act "CCNA", with ing retail slores include Cobb 001-
EAC Consulting, Inc" Marlin Engineering, Inc" The Corradino Group, Inc" SRS Engineering, Inc" :;:'~~i;;~~~gl ~!t~:~~~~~~:~ kids
RJ, Behar and Company, Inc., IY, Lin International, Stanley Consultants, Inc" Sol-Arch, Inc" Buster and many more, Please visit
Civil Works, Inc., CX Perez & Associates Consulting Engineers, Inc" for the following professional Dolphin Mall's websile for more
services: Architecture, Landscape Architecture, Civil/Environmental Engineering, Traffic and inff~~~of~IY 28. Dolphin Mall, 11401
Transportation Engineering, NW 12th St., Sweetwater. Varies.
A Resolution related to a request pursuant to Section 20-3A(B)(4)(b) of the City of ~~;~~~~~~TphinmaII.COm.
South Miami Land Development Code for Special Use Approval to locate a general restaurant Firsl Free Salurday!: Enjoy free
at 5701 Sunset Drive, Shops at Sunset Place Unit 194; within the Specialty Retail "SR", ad~~.~1f~~t~eG~~~rg;~i~~ilroad
Hometown District Overlay "HD-OV", Museum, 12450 SW 152nd St., Rich-
mond Naval Air Station. $0.
A Resolution related to a request pursuant to Section 20-3A(B)(4)(b) of the City of 305-253-0063.
South Miami Land Development Code for Special Use Approval to locate a general restaurant ~~~~:;;~Z~~i~l~f~~i~/m/
at 5864 Sunset Drive within the Specialty Retail "SR", Hometown District Overlay "HD-OV", Gables Sisler Cllles: Partners in
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels ~~~~~~~~:s~~~~~~~~~'i~~~~c~~rsles'
A, S, and C on the Northern portion of property specifically located at 6520 SW 56th Street, ~~~i,c~~f~v~~ ~;t;~tiil?!sC~~~1 ~~
South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, sister cities movement launched by
as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4.2(B) of the President Dwight D. Eisenhower in
City of South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for ~~~~t~i~~o~i~I~~i~¥\I~i~ ~~t~~~~ion-
the purpose of constructing three new single-family homes; and providing for a legal description. al peace program and uncover the
connections between Coral Gables A Resolution of the City of South Miami relating to a request to allow for the creation of parcels and her sister cities: Aix-en-Pro-
A, B, C, and D on the Southern portion of property specifically located at 6520 SW 56th Street, vence, France: Cartagena, Colombia:
South Miami, Florida within an RS-3; Low Density Single-Family Residential Zoning District, ~:I~~~~dS~~~in~~ ~?~rS~~'I~~:te-
as permitted by provisions pertaining to "Waiver of Plat" set forth in Section 20-4,2(B) of the City of 12 p.m. July 28. Coral Gables
South Miami Land Development Code, and Section 28-4 of the Miami-Dade County Code; for the ~~~~~~r~~5~;~g~8s~~~ ~~~~s-
purpose of constructing four new single-family homes; and providing for a legal description, sian. 305-603-8067.
www.coralgablesmuseum.org.
A Resolution of the City of South Miami relating to a request to allow for the creation of parcels Golf in Ihe Gables allhe Coral
1 through 5, on property specifically located at 6150 SW 80th Street; 6120 SW 80th Street; ~h~~~~~~u~~~~~~~~i~~~;~'fi9
and 6040 SW 80th Street, South Miami, Florida within an RS-3; Low Density Single-Family Riviera golf courses, have atlracted
Residential Zoning District, as permitted by provisions pertaining to "Waiver of Plat" set forth in golf pros & enlhusiasls since Ihe
Section 20-4.2(B) of the City of South Miami Land Development Code, and Section 28-4 of the ~~t~i'gi~~i\"i{i~;i~!f ~~~:,;; i~~~ the
Miami-Dade County Code; for the purpose of constructing five new single family homes; and 1920s to present fealures famous
providing for a legal description. golfers on Coral Gables greens, &
)
video highlighting Golf in the Gables
A Resolution authorizing the City Manager to enter into a two-year lease and maintenance & Junior Orange Bowl Golf Champi-
contract for two police motorcycles with Petersen's Harley-Davidson's of Miami, disbursement ~7:~~;sTs~~a~~: ~lc~~~f ~~~~~ Parks
of the funds up to $11,400,00 per year from account number 001-1910-521-4450 (Purchase/ native & championship golfer Tracy
Lease Police Vehicles), for the years fiscal years 2013/1.4 through 2014/2015, ~;~dl~~~g~t7~~r~ i~C~u~i~~~~e~o~:~I.
ALL interested parties are invited to attend and will be heard. Mu~e~~'l~~YA~~g~~r~V~~~~;al
For further information, please contact the City Clerk's Office at: 305-663-6340, ~~~leiot~~~~26~useum admis-
Maria M, Menendez, CMC ~~::~;,.cb~~~¥~~~~~~~g~llhe Coral
City Clerk Gables Museum: Sirolllhrough Coral
Pursuant to Florida Statutes 286.0105, the City hereby advises the public that if a person decides to appeal any decision ~h~~:;; ~~!~i~~g~~S\~etS~e~i~Y6~t~~~
made by this Board,Agency or Commission with respect to any matter considered at its meeting or hearing, he or she will humble commercial district. Visit
need a record of the proceedings, and that for such purpose, affected person may need to ensure that a verbatim record historic Mediterranean Revival
of the proceedings is made which record includes the testimony and evidence upon which the appeal is to be based. buildings, including a former Ford
..... ________________________________ --' i dealership, outdoor theater, and
Page: NabesSE_19,
-':-rliHnn· lct
Pub. date: Sunday, July 28
O":).rloC:-':-
_ MiamiHerald,com/
.. calendar
Search hundreds more events
in your area and beyond,
riding club. Newer cityscape addi-
tions help tell the complete down-
town story. Approximately 1.5 hrs.
11 a.m. Aug. 3. Coral Gables Muse-
um, 285 Aragon Ave., Coral Gables.
$5 for Museum members, $10 for
general public. 305-910-3996,
www.coralgablesmuseum.org/.
International sounds by the pianist:
Performs international sounds on
Mondays. Three-course, fixed price
meal available or order a la carte.
Reservations requested.
7:30 p.m. July 29, Villa Azur, 309
23rd 5t., Miami Beach, $45 fixed
price meal. 305-763-8688,
www.villaazurmiami.com.
Uberty City Green Market: Liberty
City Green Market is a Farmers
Market that has a variety of fruits,
vegetables and specialty items such
as Moringa. alkaline water and vegan
gluten free cupcakes. We accept
cash, credil/debit and EBl We give
up to 20% discount. You can order a
CSA bag and we deliver throughout
Dade, Broward & West Palm Beach
county
We are located on 60th st. NW.
71h Ave in Miami, right off the 95.
Our hours are from 10 a.m. -3 p.m.
Every Saturday
Stop by we have so much more to
offer!
954-699-1562
10 a.m. Aug, 3. Liberty City Green
Markel, 60th St NW, 7th Ave. Down-
town Miami. Free. 786-873-0525,
www.facebook.com/urbangreen
works.
Miami Milers: A running club for
children ages 18 and under is now
registering for track and field. Club
also participates in cross country and
road racing
6 p.m. July 29. Tropical Park, 7900
SW 40th St, Olympia Heights. Free -
tryout. 305-877-9469.
miamimilers.net.
Miami Spice Menu 2013: Villa Azur
are delighted to be part of Miami
Spice 2013. Join us for a delicious
$39 three course menu running from
August 1st to Seplember30th every-
day of the week except Thursday
and Saturday. Our special menu
changes every week during Miami
Spice.
6:30 p.m. Aug. 2. Villa Azur, 309
23rd St., Miami Beach. $39.
305-763-8688.
www.villaazurmiami.com.
Midday Organ Concert: Jay Brooks,
director of music at First United
Melhodisl Church of Coral Gables,
performs a midday organ concert on
the first Thursday of every month.
The music is a rich repertoire of
spiritual and secular pieces on the
church's 4,000 pipe organ. All are
welcome.
12:30 p.m. Aug. 1. First United
Methodist Church of Coral Gables,
536 Coral Way, Coral Gables. free.
305-445-2578. www.fumccg.org.
Mini-Golf at Ihe Coral Gables Muse-
um: Don't let your summer get stuck
in the rough! Visit the Coral Gables
Museum & play on a one-of-a-kind
mini-golf course created by top
architects, landscape designers and
contractors of Miami. Challenge
friends & family to a round of golf in
air-conditioned comfort. Regular
museum hours & admission apply.
Great for business & after-work
parties, with concession stand & full
bar available for private groups. For
additional information, contact
Director Christine Rupp at the Coral
Gables Museum,
12 p.m, July 28. Coral Gables
Museum, 285 Aragon Ave" Coral
Gables. $3 plus museum admission.
305-603-8067,
coralgablesmuseum.org.
Our Miami Project Launch: Come
and learn about the new Public
Space Challenge and how it is a part
of the Our Miami initiative, which is
shaping Miami's future by working to
retain young talent in Miami.
RSVP by July 30 al miamifounda-
tion.org/ourmiamirsvp and receive a
complimentary cocktail and entry.
6 p.m. July 31 The Stage Miami,
170 NE 38th St., Litlle Haili.
305-357-2091
miamifoundation.org/ourmiamirsvp.
Peruvlan Independence Day Festi-
val: Gastronomic Adventure, music,
dance, shows, contest and much
more.
10 a.m. July 28, Miami Airport
Convention Center, 711 NW 72nd
Ave.,.
Pel Adoption Evenl al Alper JCC:
Miami-Dade County Animal Services
Department present in collaboration
with Alper JCC this event at which
adoption fees will be half-off.
10 a.m. Aug. 4. Dave and Mary
Alper JCe, 11155 SW 112th Ave.,
Kendall. Free admission.
305-271-9000,
Pilates Mat Class: Join for a fun and
challenging Pilates Mat workout. No
equipment necessary; just bring
yourself and challenge your core
muscles, while building your
slrenglh and flexibility. All levels
welcome. Free parking. Sign-up is
required to guarantee a space. Send
an email to info@conscious-move-
ment.com. Mention this ad and first
class is free.
1 p.m. July 31. Conscious Move-
ment Pilates, 4100 Salzedo St., Coral
Gables. Free for newcomers.
786-953-7623.
www.conscious-movement.com.
Salurday and Sunday with Sue Ihe
Dinosaur: Saturdays and Sundays
2pm
Meet our very own T-Rex, Sue in
our Dina Island exhibit. She'll be
accompanied by our resident time
travelers and paleontologists.
For more information, please call
or visit.
Miami Children's Museum is
located at 980 MacArthur Causeway.
Miami FL 33132
2 p.m. Aug. 3. Miami Children's
Museum, Watson Island, Watson.
General Admission: $16, State of FL
Residents: $12 Children 1 year and
under: Complimentary MCM Mem-
bers: Complimentary. (305)373-KIDS
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I .,ct ,...h.,nNO .,t· lQ·A&;·")Q 1111" ")t;
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami·Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
MARIA MESA, who on oath says that he or she is the
LEGAL CLERK, Legal Notices of the Miami Daily Business
Review Ilk/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertiseinent,
being a Legal Advertisement of Notice in the matter of
CITY OF SOUTH MIAMI
PUBLIC HEARING -AUGUST 6,2013
in the XXXX Court,
was published in said newspaper in the issues of
07/26/2013
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County. Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, for a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rebat 'ssion or refund for the purpose
of securin h' dvertisemen for publication in the said
paper.
26 • A.D. 2013
(SEAL)
MARIA MESA personally known to me
MERCEDES ZALDIVAR
MY COM~,,1ISS:0N ;:FF029736
EXP:R::S jU!"Ie 20. 2017