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MIAMIBEACH CITY OF MIAMI BEACH CERTIFICATION OF CONTRACT TITLE: For the Lease or Purchase of Police Motorcycles CONTRACT NO.: 21 -09/10 EFFECTIVE DATE(S): This contract(s) shall remain in effect for two (2) years from date of contract execution by the Mayor and City Clerk, and, may be renewed by mutual agreement for two (2) additional two (2) year terms -, SUPERSEDES: 19 -02/03 CONTRACTOR(S): Peterson's Harley Davidson of Miami, LLC t ESTIMATED ANNUAL CONTRACT AMOUNT: $99,000 A. AUTHORITY Upon affirmative action taken by.the Mayor and City Commission of the City of Miami Beach, 'Florida, on January 19, 2011 for approval, to award a contract, upon execution between - the City of Miami Beach Florida and Contractor. B. EFFECT This Contract is entered -into to provide for the lease or purchase of police motorcycles for the City of Miami Beach, pursuant to City Invitation to Bid (ITB) No. 21- 09/10 and any addenda. thereto, and Contractor's bid in response thereto (this Contract, the ITB, and _Contractor's bid in response "thereto may hereinafter collectively be referred to as the "Contract Documents "). C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be. issued in accordance with the City of Miami Beach Procurement_ Division policies. and procedures, at the prices indicated, exclusive of all_ Federal, State and Iocal taxes. All. blanket purchase orders. shall show the City of Miami Beach Contract Number 21- 09/10. D. CONTRACTOR PERFORMANCE - City of Miami "Beach departments shall report any failure of Contractor for the lease or purchase of police motorcycles according to the requirements of the Contract Documents to Andrew Terpak Fleet Management Division t Director, at 305 - 673 -7000 ext. 3601. E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance, Certificates, as required, which must be signed by a Registered Insurance Agent licensed in the State of , _ Florida, and approved by- the City of, Miami Beach- Risk Manager prior to delivery of supplies, and /or commencement of any services /work by Contractor. j Certification of Contract F. ASSIGNMENT AND PERFORMANCE Neither this Contract nor any interest herein shall be assigned, transferred, or encumbered by either party, without the prior written consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or any portion of work; and /or services required by the Contract Documents without the prior written consent of the City. Contractor, warrants and represents that all persons providing /performing- any supplies, work, and /or services required. by the Contract Documents have the knowledge and skills, - either by training, experience, education, or a combination thereof, to adequately and competently provide /perform same to City's satisfaction, for the agreed compensation. Contractor shall provide /perform the supplies, work, and /or services required under the .Contract Documents in a skillful and. respectable manner. The quality of the Contractor's performance and all -interim and final product(s) provided to or on behalf of City shall meet the City's cleanliness standards for City facilities and parking garages. G. SERVICE EXCELLENCE STANDARDS — Excellent Customer Service is the standard of the City of .Miami Beach. As 'a Contractor 'of the City, Contractor will be required to conduct. itself in a professional, courteous and ethical manner, and at all times and adhere to the City's Service Excellence standards. Training will be provided by the City's Organizational Development and Training Specialist. H.- PUBLIC ENTITY CRIMES -'In accordance with the Public Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is, a contractor, consultant or other provider, who has 'been placed .on the convicted vendor list following a . conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to the City, may not submit a bid on a contract with the City for-the construction or repair of a public building or public work, may not submit bids on leases. of real property to the City, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the City, and may not transact any business with the ¢.. City in excess of the threshold amount provided in Section 287.017,. Florida Statutes, for category two purchases for a period of 36 months from the date of being placed on the convicted vendor list. Violation of this section by Contractor shall result in cancellation of the Contract and may result in Contractor debarment: 1, INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this Contract. Supplies, work, and /or services, provided by Contractor pursuant to 'the Contract Documents shall be subject to the supervision of Contractor. In providing such supplies, work, and /or services, neither Contractor nor its agents shall act as officers, employees, or agents of the City. This Contract shall not constitute or make the parties a partnership or joint venture. J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or substantially benefit a third party by this Contract and /or_ the Contract Documents.. Therefore, the parties agree that there are no third party beneficiaries to this Contract and that no third party .shalt be entitled to assert a claim .against either of them based upon this Contract and /or the Contract Documents. 2 Certification of Contract The parties expressly acknowledge that - it is not their intent to 'create any rights or obligations in any third person or entity under this Contract and /or the Contract Documents. K. NOTICES Whenever either. party desires to .give notice to the other, such notice must be in writing, sent. by certified United States Mail, postage prepaid, return + receipt requested, or by hand- delivery with,a request fora written receipt of acknowledgment of delivery, addressed to the party for whom it is intended at the place last specified. The place for giving notice shall remain. the same as set forth herein until changed in writing in the manner provided in this section. For the present; the parties designate the following; For Cit Gus Lopez, Procurement Director City of Miami Beach Procurement Division 1700 Convention Center Drive Miami Beach, Florida 33139 With copies to: Andrew Terpek, Fleet Management Division Directorf . City of Miami Beach Fleet Management 140 MacArthor Causeway Miami Beach,. Florida 33139 F or Contractor Peterson's Harley Davidson of Miami, LLC 19400 N.W. 2 n Avenue Miami, Florida 33169 Attn: Dirk Peterson, Vice President Phone: 305 -651 -4811 Fax: 305- 653 -8006 -' Email: ace(@rniamiharley.com L. MATERIALITY AND WAIVER OF BREACH City and Contractor agree that each requirement, duty, and obligation set forth iri'the Contract Documents is. substantial and x important to the formation of this Contract and, therefore, is'a material term hereof. City's. failure to enforce'any provision of the Contract Documents shall not be deemed a waiver of such provision or modification of this Contract. A waiver of any breach of a provision of this Contract shall not *be deemed a waiver of any subsequent breach and shall not be construed to be a modification of the terms of this Contract. ✓. r 3 Certification of Contract M. SEVERANCE In the event a portion of this Contract and /or the- Contract Documents is found by a court of competent jurisdiction to be invalid, the remaining provisions shall continue to be effective unless City or Contractor elects; to terminate this Contract. An, election to terminate this Contract based upon this provision shall be made within seven (7) days after the finding by th court becomes final. N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall be enforceable in Miami =Dade County, Florida, and if legal action is necessary by either party with respect , to, the enforcement of any or all of the ' terms or conditions herein exclusive venue for the enforcement of same shall lie in Miami -Dade County, Florida. By entering into this Contract, Contractor and City hereby expressly waive any rights either party may have to a trial by jury of any civil litigation related to, or arising out of the Contract and /or the Contract Documents. Contractor, shall specifically bind all subcontractors to the provisions of this Contract and the Contract Documents. O. AMENDMENTS - No modification,. amendment, or alteration in the terms or 'conditions contained herein, or in the Contract Documents, shall be effective unless contained in a <° written document prepared with the same or similar formality as this Contract and executed by the City and Contractor. -P. This Contract shall not be effective until all bonds and insuran;ce(s) required under the Contract - Documents have been submitted to, approved by, the City's Risk Manager. Q. The ITB and all.addenda issued, and Contractor's bid in response thereto, are attached to this Contract and are hereby adopted by reference and incorporated herein as if fully set forth in this Contract. Accordingly, Contractor agrees to abide by and be bound by any and all of the documents incorporated by the Contract Documents. Where there is a conflict between any provision set forth within (i) this Contract; . (ii) the ITB; (iii) Contractor's bid in response thereto, the more stringent provision (as enforced by. the City) shall prevail. i Certification of Contract IN WITNESS WHEREOF the City and Contractor have caused this Certification- of Contract to be signed and attested on this � day of GN Uyr , 2011,' by their_ respective duly authorized representatives. CONTRACTOR CITY OF MIAMI BEACH By BY President/ Signature Mayor X27 Print Name Date Date ATTE T: ATTEST City Clerk Secretary/ Signature Y 1 2 , 712 G Print Name Date Date THL Notary Publiu, State of Florida qty coax. expires juiy 01, 2011 No. 690981 Bonded thru Aston Agency, tnc. (6011)451 -405 F: \PURC \$ALL \OLGA \BID \BIDS 09- 10 \ITB 21 -09 -10 FOR THE LEASE OR PURCHASE OF MOTORCYCLES \Contract \01 -10 -11 Harley Davidson.doc r t APPROVED AS TO FORM & LANGUAGE &.Fr)R EXECUTION �n_., ttorney ate Zurich 1/25/2011 11 :56:42 AM PAGE 002/003 Fax Server DATE (MMIODNYYY) ACORDTIW CERTIFICATE OF LIABILITY INSURANCE 1/25/2011 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND Zurich, Account Service Center CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE 7045 College Blvd DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE g POLICIES BELOW. Overland Park, KS 66211 Fax: 888 - 734 -6776, Ph: 877 225 -5276 opt, 1 INSURERS AFFORDING COVERAGE NAIC # INSURED- 013996700 NSURER A: Universal Underwriters Insurance Company 41181 PETERSON'S HARLEY - DAVIDSON OF MIAMI L.L.C. NSURER B: Universal Underwriters of Texas Ins. Co. 40843 PETERSON'S HARLEY-DAVIDSON SOUTH, LLC. 'NSURER C:' 19400 NW 2ND AVE NSURER D: MIAMI, FL 33169 NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR D'L POLICY EFFECTIVE POLICY EXPIRATIO LTR INSRD TYPE OF INSURANCE POLICY NUMBER DATE (MWDDIYY) DATE (MMIDDIYY) LIMITS A X GENERAL LIABILITY EACH OCCURRENCE $ ' 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ PREMISES Ea occurrence CLAIMS MADE W OCCUR MED EXP (Any one person) $ PERSONAL &ADV INJURY $ 302600A 11-01-2010 11 -01-2011 GENERAL AGGREGATE < $ GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMPlOP AGG $ POLICY PRO- CT LOC IIE A X AUTOMOBILE LIABILITY _ COMBINED SINGLELIMfT $5500,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS 302600A 11 -01 -2010 11 -01 -2011 BODILY INJURY $ X NON -OWNED AUTOS (Per accident) a '� /J PROPERTY DAMAGE $ e /1 (Per accident) A X GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ X ANY AUTO 302600A 11 -01 -2010 11 -01 -2011 OTHER THAN EA ACC $ 500,000* AUTOONLY: AGG $ A EXCESSIUMBRELLALIABILITY Each Occurrence $ 10 ,000 000 X OCCUR ❑ CLAIMS MADE $ 302600A 1.1 -01 -2010 11 -01 -2011 PRODUCTS COMPIOP AGG $ 30,000,000 DEDUCTIBLE $ X RETENTION $ 0 $ WORKERS COMPENSATION AND WC STATUTORY OTHER 'EMPLOYERS' LIABILITY LIMITS ANY PROPRIETOR/PARTNER/EXECUTIVE E.L, EACH ACCIDENT $ OFFICERRdEMBER EXCLUDED? If yes, describe under SPECIAL PROVISIONS below E.L. DISEASE- EA EMPLOYEE $ OTHER _ Customer's Auto — Direct 302600A 11 -01 -2010 11 -01 -2011 $1,675,000 Limit Primary DESCRIPTION OF OPERATIONS I LOCATIONS! VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS Certificate Holder is named as an Additional Insured. *Garage Liability with a Product Completed Operation Aggregate Limit of $1,500,000. Endorsement 089 - Umbrella . Limit Inclusive applies. Reason for Certificate: General Liability. 30 day notice of cancellation applies, except for cancellation due to non payment of p remium. CERTIFICATE HOLDER 'CANCELLATION CITY OF MIAMI BEACH SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1700 CONVENTION CENTER DRIVE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE MIAMI BEACH, FL 33139 LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORl___ WIVE S ACORD 25 (2001108) ©ACORD CORPORATION 1988 Zurich 1/25/2011 11:56:42 AM PAGE 003 /003, Fax Server IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rl" to the certificate holder in lieu of such endorsement(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a, contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afhorded by the policies listed thereon. r ACORD 25 (2001108)