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Lease Agreement with Peterson's Harley-Davidson of Miami, LLC
N vv W W u. o .041, "veie O 4, I � e c �• F i to I� IA 0 x Q LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH a AND PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC FOR HARLEY-DAVIDSON POLICE MOTORCYCLES In 0 M This Agreement made and entered into between Peterson's Harley-Davidson of Miami, LLC., designated as the Lessor, and the City of Miami Beach, designated as the Lessee, made this m ISZ1 day of SOPTttn (3Vrn , 20 f for the purpose of leasing nineteen(19) black M FLHTP Harley-Davidson Police motorcycles under the following terms and conditions: J 1) EQUIPMENT: 2018 black FLHTP Harley-Davidson Police solo motorcycles with the complete description provided on specification sheet attached hereto as Exhibit 1. 2) AGREEMENT TERM: The term of this Agreement shall commence on the date of delivery of the aforesaid police motorcycles and continue thereafter for a period of twenty-four(24)months. Motorcycles leased under this Agreement are to be used for police and related activities: off-duty details, funeral escorts and parades only. Any other use shall require the prior written consent of Lessor. At the end of the Agreement term, O Lessee shall return the motorcycles to Peterson's Harley-Davidson of Miami, L.L.C. 0 By mutual agreement of the parties, Lessee may extend the term of this Agreement for up to ninety(90) calendar days beyond the expiration of the term, if needed,while a new agreement is being negotiated. If this right is exercised, Lessee shall notify Lessor, in a writing, and prior to the expiration of the term, of its intent to extend the Agreement beyond the term for a specific number of days, subject to the same terms and conditions o set forth in this Agreement. If Lessee keeps possession of the motorcycles past the Z expiration of this Agreement,the Lessee shall continue to pay the monthly payments as specified in this Agreement. The Lessee shall also pay the Lessor any damages, which the o Lessor may be due, because the Lessee failed to return the motorcycles at the expiration Q of this Agreement, unless such arrangement was mutually agreed upon prior to the expiration of this Agreement. 3) PAYMENT PERIOD: Lessee shall pay monthly payments in the amount of$650.00 for = each motorcycle. Payments include the cost of equipment,payment of interest, z 0 1-A W I- W a. MI AMI ' S ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS • N N N maintenance and administrative costs, less the residual value of the motorcycle. Lease of co motorcycles will be billed on the 5th day of each month and payable within 30 days of the date billed during the term of this lease. o . ' .. V) ' . . , - • ipmeat . . 0 • - - • . S . • ••. .11 events. The Lessee shall carry Worker's oM 5) HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES: Subject to the co provisions and monetary limitations of Section 768.28 (5), Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor harmless from any and all liability arising out of the leasing, renting, operation, control, use, delivery and/or return of the motorcycle including, but not limited = to injuries causing personal injury, property damage and/or death, except for damages resulting from a design fault in the product or the negligence or willful misconduct of the Lessor, but shall be credited with any amounts received by the Lessee with respect • M thereto from liability insurance by the Lessee. The indemnification shall include all costs and expenses including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting therefrom. Nothing contained herein is intended nor shall be construed to waive Lessee's right and immunities under common law and Section 768.28, £ Florida Statutes. Z 6) LIENS: The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist (.1 any mortgage, pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle, except with respect to the respective rights of the Lessor as herein provided. Z Lessee shall promptly, as its own expense,take such actions as may be necessary to duly discharge any such mortgage,pledge, lien, charge, encumbrance or claim not excepted m above if the same shall arise at any time due to the Lessee's action or inaction. .1 7) TAXES AND FEES: The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax, Excise Tax, Personal Property Tax, assessments,penalties, licenses, fees, registration fees, freight and transportation charges,permits and any o similar charges imposed on the ownership,possession or use of the motorcycle during the term of the Agreement. Both parties recognize that the Lessee is tax exempt under Florida Law. a O 8) CARE AND USE OF EQUIPMENT: The Lessor agrees to maintain the motorcycle pursuant to the manufacturer's standard preventative maintenance plan and/or recommendation,pursuant to the provisions set forth in Paragraph 13 below. All repairs shall be made at Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2nd m z °m 2-A tz W I- W a. MIAMIS ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS a N N N Ave., Miami, FL 33169. The Lessee, at its own cost and expense, shall ensure delivery of the Motorcycle to Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2nd Ave., Miami, FL 33169, at regular intervals set up by the Lessor in accordance with the service schedule attached hereto as Exhibit 2. The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall use the motorcycle for police related activities only,without abuse, and shall not make modifications,alterations or additions to the motorcycle (other than normal operating accessories or controls)without 0 written consent of the Lessor, which shall not be unreasonably withheld. The Lessor shall co have the right, during regular business hours to enter upon the premises where the motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. 9) DAMAGE OR DETERIORATION OF MOTORCYCLES: In the event the motorcycle is damaged due to the actions of the Lessee or its employees prior to the end of this Agreement, the Lessee will promptly have the motorcycle repaired and restored to its original condition and working order. Any damage done to lease motorcycles during to the officers' training will be repaired as soon as the training is completed at Lessee's expense. This includes damage done to engine,transmission, brakes, paint, and body parts. All repairs must be done at the Lessor's repair facility located at 19400 NW 2nd = Ave., Miami, FL 33169. In case of theft or total loss of the motorcycle, the replacement value shall be$23,000.00 minus 2%for each month the agreement is in effect. 10)SELECTION OR RIDER: The Lessor reserves the right to reject any rider of his motorcycle so as to be assured that proper handling and care is exercised. 11)RIDER RESPONSIBILITY AND PRIVILEGES: The rider will be responsible for keeping the motorcycle clean and is required to report any defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to work provided that it Z is fully insured at all times by the Lessee and the distance is no more than thirty (30) miles each way per motorcycle during the lease period. For each mile driven per motorcycle over 20,000 total miles during the lease period, there shall be a 15 cents per mile charge. 0 12)EVENTS OF DEFAULT AND REMEDIES: Lessee shall be deemed to be in default ei hereunder upon the happening of any of the following events of default: J a) Lessee shall fail to make any periodic payment, or to pay any other payments required to be paid hereunder, or b) Lessee shall fail to keep any such other term,covenant or condition contained herein. Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to remedy such event of default with all reasonable dispatch within a period of a thirty (30)days from receipt of written notice, Lessor or its assigns shall have the right, at its option without any further demand or notice, to pursue any of the following remedies: a 3-A a. MIAMI ' S ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS �o • to In a) By written notice to Lessee, declare an amount equal to all payments due during the co Agreement term to be immediately due and payable as liquidated damages and not as a penalty, whereupon the same shall become immediately due and payable. b) Re-enter and take possession of the equipment,enforce this Agreement or terminate the Agreement, and repossess the equipment and sell or lease the equipment for the account of the Lessee,holding Lessee liable for all payments up to the effective date of such leasing or selling and for the difference in the purchase price, rental and other amounts paid by the Lessee or purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and ID c) Any action at law or in equity as may appear necessary to collect the payments then odue and thereafter to become due or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this Agreement upon failure to comply with any term, covenant or condition contained herein. U 13)MAINTENANCE AND EQUIPMENT: Lessor shall provide certain maintenance for the motorcycle at no cost to the Lessee, limited to regular scheduled services as recommended by the factory in accordance with the service schedule attached hereto as Exhibit 2. Parts and labor on clutch replacements, tires, brakes, and physical damages will be the responsibility of the Lessee. Lessee shall also be responsible for the = installation or transfer of any department owned equipment, such as radars, radios, set- a corn, moto-lights, and cameras. The Lessor shall not supply Lessee with gasoline or radios. All maintenance shall be done at Peterson's Harley-Davidson, located at 19400 NW 2' Ave., Miami, FL 33169. U The Harley-Davidson Motor Company warranty on the leased motorcycles is for a period of twenty-four(24) months coinciding with the lease term agreed upon between the parties. In the event the Lessee retains the motorcycles at the conclusion of the twenty- four (24)month lease, the Lessee shall be responsible for the cost of maintenance, labor, °z and parts incurred subsequent to the expiration of the twenty-four(24)month lease. 14)SUBLEASE OR ASSIGNMENT: Neither the Lessor, nor the Lessee may assign this o lease. Neither the Lessor nor the Lessee may affect the subleasing of the motorcycle. 15)TERMINATION: Either party may at any time during the term hereof, upon thirty (30) u days written notice to the other party,terminate this Agreement with or without cause. -' Lessor shall be entitled to lease payments due or incurred to the date of such termination. E 16)ENTIRE AGREEMENT; AMENDMENTS: This Agreement constitutes the entire LL agreement between Lessor and Lessee,and all negotiations and oral understandings are merged herein. No modification, amendment or alteration in the terms or conditions of this Agreement shall be effective unless contained in a written document executed with 3 the same formality as this Agreement and signed by each Party. 17)CONSENT TO JURISDICTION: The Parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to, this 4-A Ir MIAMI ' S ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS I0 VI N IA 4 N c Agreement. Venue of any action to enforce this Agreement shall be in Miami-Dade County, Florida. W W k. 18)GOVERNING LAW: This Agreement shall be construed in accordance with, and -I governed by, the laws of the State of Florida. I- O 19)HEADINGS: Headings are for convenience of reference only and shall not be considered O in any interpretation of this Agreement. coM o 20)SEVERABILITY: If any provision of this Agreement or the application thereof to any o person or situation shall to any extent, be held invalid or unenforceable,the remainder of �? this Agreement, and the application of such provisions to persons or situations other than c those as to which it shall have been held invalid or unenforceable shall not be affected '` thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. a 0 21)WAIVER: The waiver by either Party of any failure on the part of the other Party to N perform in accordance with any of the terms or conditions of this Agreement shall not be construed as a waiver of any future or continuing similar or dissimilar failure. i a 22)COSTS AND ATTORNEY'S FEES: If either Lessor or Lessee are required to enforce O the terms of this Agreement by court proceedings or otherwise, whether or not formal M legal action is required, the prevailing Party shall be entitled to recover from the other I Party all such costs and expenses, including but not limited to, costs and reasonable k. attorney's fees. i _< E W a IN WITNESS WHERE I e p + ies hereto have executed this Agreement. o / / N City: /i Peterson's Harley-Davidson of Miami,LLC: 3 z ' o .r o r m i v Signature of 'thorned Representative Signature of Authorized Representative _i � , i P ilip, , =vinn;�NMayor Dirk Peterson, Owner E F.,' G Tit ---r/V I 1 4.4\.................QC% ' '�0��vokky\`,I' o o a Rafael E. Granado, City Clerk ,.�.�:✓.,wry. i( ra .• CEO 0 4('•.\NOO9' R ROVED AS TO a --\,....0 =NI & LANGUAGE a J,q......•• FOR EXECUTION BCH Zs`4.� ._ 110 ji7 ° 5-A w City Attorney Dote F ir, W a MIAMI ' S ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM Competitive Bid Reports-C2 I MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017-130-AK, FOR LEASE OF POLICE MOTORCYCLES. RECOMMENDATION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida approve the City Manager's recommendation pertaining to the bids received, pursuant to ITB 2016-130-AK for Lease of Police Motorcycles. ANALYSIS The existing lease agreement for Police motorcycles was awarded on February 19, 2015 and is effective through December 15, 2017. An additional two (2) year renewal option was available pursuant to the contract utilizing the existing motorcycles. However, the Police Department notified the Procurement Department that they would like to replace their current motorcycle fleet with new model units. The current contract does not allow for the replacement of these units. The current motorcycle fleet has been in operation since 2015 and requires maintenance and/or replacement. Therefore, in order to establish a new contract, the Procurement Department issued Invitation to Bid ("ITB") No. 2017-130-AK for nineteen (19) most recent model year Harley-Davidson Electra Glide Police Motorcycles (FLHTP). ITB PROCESS ITB No. 2017-130-AK was issued on April 19, 2017, with bid opening date of May 24, 2017. One addendum was issued. The Procurement Department issued bid notices to 20 companies utilizing www.publicpurchase.com website. Twenty-four (24) prospective bidders accessed the advertised solicitation. The notices resulted in the receipt of two (2) responses from: Peterson's Harley Davidson of Miami, LLC and Alligator Alley Harley Davidson d/b/a JS Florida Motorsports LLC. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that Peterson's Harley Davidson of Miami, LLC has complied with all the requirements of the ITB and has submitted the lowest bid. Additionally, Peterson's Harley Davidson has performed well on a prior contract with the City. According the the information contained in its bid, Peterson's Harley Davidson of Miami, LLC was established in 1954 and is one of the largest Harley Davidson dealers in Florida. The company retains Harley Davidson trained and certified technicians to services its customers fleets. CONCLUSION After considering staffs recommendation and the bids received, pursuant to ITB 2016-130-AK, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the Page 357 of 3438 award of a contract to Peterson's Harley Davidson of Miami, LLC, the lowest responsive, responsible bidder to the ITB; and further authorize the Mayor and City Clerk to execute the contract. KEY INTENDED OUTCOMES SUPPORTED Enhance Public Safety and Emergency Preparedness FINANCIAL INFORMATION All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. Grant funding will not be utilized for this project. Amount 1 $119,700 Account 1 011-1120-000323 Legislative Tracking Police/Procurement ATTACHMENTS: Description o Attachment A Page 358 of 3438 N C a) N LC) O c y o o -a co as o a) a as N 0 a) 0 C M >, = a Q 1 QX 64 a) 01 co 4= • a (R Cr) 2 O >- 1E -a W O la N Q a) Q cot > OU Q>- N o) W = a EO >.0) � .- Go C' M -per a) OQ � o I- = Q CL• o ri E cr.; a) J Q a)- co Q C2 69 a) 8- U) O C C CL = O o o t :N Z Z X ~ = N Cl) N CO N CD Oa)d' W a Q 69 L — O 69 Z �e 3 U >- - c C6 W p w M Cr r...t. I- W QN _ _a •- = a)ow � NVoQUo if -0cn Q N = = — -0 o pa) s Q cn �-. oo W N o o o E 3 v w d o E cn E— ... m a`) a) E w W •E L c T o 0 0 n m ` E rn as O N M >- E E a) a Q O U rn a. U) C6 •= "O a) _ Z al O C 0) Q r a) > O >, W U c N O 2 Cf) 5 o 45c, Q o_ctj•_ o CO N O L E 1.= >, N .O = 669 (a o as T - l(6 o N = 0 Q J O N W a O "' 5 C _ - xa >, N 30 _U O co - •CD 'O 0 a) ` a) CI N a) CZ N t- a) Cts "a CZ= 0 MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of the City Commission FROM: Jimmy L. Morales, City Manager DATE: July 26, 2017 SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID (ITB) NO. 2017-130- AK LEASE OF POLICE MOTORCYCLES AND APPROVE THE TERMS OF A MONTH-TO- MONTH AGREEMENT FOR CURRENT CONTRACT FOR THE LEASE OF POLICE MOTORCYCLES UNTIL SUCH TIME AS A NEW LEASE AGREEMENT IS IMPLEMENTED. KEY INTENDED OUTCOME Enhance Public Safety and Emergency Preparedness FUNDING All expenditures pursuant to this contract will be based on approved funding appropriated to the respective department's budget. Grant funding will not be utilized for this project. Grant funding will not be utilized for this project. BACKGROUND The existing lease agreement for Police motorcycles was awarded on February 19, 2015 and is effective through August 18, 2017. One additional, two(2)year renewal term option was available pursuant to the contract. However, the Police Department notified the Procurement Department that they would like to replace their current motorcycle fleet which the current contract does not allow for. The current motorcycle fleet has been in operation since 2015 and requires maintenance and/or replacement.The Procurement Department, in its due diligence, finds that it is in the best interest of the City to provide the Police Department with a new lease agreement.Therefore, in an effort to establish a new contract, the Procurement Department issued Invitation to Bid ("ITB")No. 2017-130-AK for nineteen (19) most recent model year Harley-Davidson Electra Glide Police Motorcycles (FLHTP). ITB PROCESS ITB No. 2017-130-AK was issued on April 19, 2017,with bid opening date of May 24, 2017. One addendum was issued. The Procurement Department issued bid notices to 20 companies utilizing www.publicpurchase.com website.Twenty-four(24)prospective bidders accessed the advertised solicitation.The notices resulted in the receipt of two(2)responses from: Peterson's Harley Davidson of Miami, LLC and Alligator Alley Harley Davidson d/b/a JS Florida Motorsports LLC. The ITB stated that the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award. In its due diligence, the Procurement Department verified that Peterson's Harley Davidson of Miami, LLC has submitted the lowest overall bid for lease of motorcycle and provided pricing for Page l2 labor rates and repairs outside of warranty. Peterson's Harley Davidson of Miami, LLC has been deemed as responsive to the bid. The second bidder,Alligator Alley Harley Davidson d/b/a JS Florida Motorsports LLC complies with the minimum requirements; however its proposal contains mathematical errors. Additionally, pricing for labor rate (overtime) for repairs outside of warranty were not provided as required by the solicitation. Therefore, Peterson's Harley Davidson of Miami, LLC has been deemed the lowest responsive, responsible bidder meeting all terms, conditions, and specifications of the ITB.The contract shall be executed for a period of two(2)years,and may be renewed at the sole discretion of the City, through its City Manager, for an additional two (2) year term. PETERSON'S HARLEY ALLIGATOR ALLEY HARLEY DAVIDSON DAVIDSON OF MIAMI,LLC Unit Price Unit Price Qty Months Total Months Total Description (A) Mper onth (C) (AxBXC) per Month (C) (AxBXC) (B) Lease of FLHTP Harley Davidson Electra Glide Police Motorcycles outfitted 19 $650.00 24 $296,400.00 $13,583.48' 24 $326,003.52 in accord with the requirements specified herein It is assumed that Alligator Alley Harley Davidson submitted an erroneous unit price per month, therefore unit price was estimated in the amount of$714.29 per motorcycle per month. Peterson's Harley Davidson of Miami, LLC Peterson's Harley Davidson of Miami, LLC established in 1954, provides largest selection of new motorcycles and an H-D Trained and Certifies staff technician working on motorcycles. Peterson's Harley Davidson of Miami, LLC has been a vendor for the City since 2011 and has performed well. Alligator Alley Harley Davidson d/b/a JS Florida Motorsports LLC Alligator Alley Harley Davidson was established in 2016 and since then provides new and used motorcycles and MotorClothes merchandise. Alligator Alley Harley Davidson has not provided services for the City. CITY MANAGER'S RECOMMENDATION After considering staff's recommendation and the bids received, pursuant to ITB 2017-130- AK, I recommend that the Mayor and City Commission of the City of Miami Beach, Florida, approve the award of a contract to Peterson's Harley Davidson of Miami, LLC; and further authorize the Mayor and City Clerk to execute the contracts. ATTACHMENT B INVITATION TO BID (ITB) AND ADDENDUMS IAMI BEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor, Miami Beach, Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-673-7490 ADDENDUM NO. 1 INVITATION TO BID (ITB) 2017-130-AK LEASE OF POLICE MOTORYCYLES MAY 16, 2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. I. MODIFICATIONS: ITB DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m., on Wednesday, May 24, 2017, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. ANSWERS TO QUESTIONS BY PROSPECTIVE PROPOSERS RECEIVED VIA EMAIL. Q1: What equipment that is on the current motorcycles that the city owns and wants transferred over to the new motorcycles? Al: The City currently owns the moto lights (fog lights)and police radios. This equipment shall be transferred over to the new motorcycles. Q2. Does the City require new Tour-Paks, or does the City plan on using the ones that are currently on the motorcycles? A2: New Tour-Paks are required.See Appendix C, C3 Minimum Specification. Q3. Does the City require new siren or does the City plan on using the ones that are currently on the motorcycles? A3: New sirens are required. See Appendix C, C3 Minimum Specification. Q4. What type of Emergency Lighting the City requires on motorcycles? A4. Whelen MO6MJ High Intensity Super-LED External Light Array is required. See Appendix C, C3Minimum Specification. Q5: Please provide estimate number of tires for motorcycles during two year period. 1 ADDENDUM NO. 1 ITB 2017-130-AK LEASE OF POLICE MOTORCYCLES A5. Estimated numbers of tires for two year period is 60. Q6: How many miles on average do officers ride each year? A6. Officers drive an average of 9,000 to 13,000 miles a year. Any questions regarding this Addendum should be submitted in writing to the Procurement Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado(c�miamibeachfl.gov. Procurement Contact: Telephone: Email: Aneta Kamyczek 305-673-7000, ext. 6455 anetakamyczek@miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the "Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sinc—ly, -nis Pro urement Director 2 ADDENDUM NO. 1 ITB 2017-130-AK LEASE OF POLICE MOTORCYCLES INVITATION TO BID ( ITB) LEASE OF POLICE MOTORCYCLES 2017-130-AK ID ISSUANCE DATE: APRIL 19, 2017 BID DUE: MAY 22, 2017@ 3:00 PM ISSUED BY: ANETA KAMYCZEK A MIAMIBEACH ANETA KAMYCZEK, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6455 I www.miamibeachfl.gov M BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS & GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 54 APPENDIX E COST PROPOSAL FORM 58 APPENDIX F INSURANCE REQUIREMENTS 59 ITB 2017-130-AK 2 m MIAMI BEACH SECTION 0200 INSTRUCTIONS TO BIDDERS 1. GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposers and, subsequently,the successful Bidders(s) (the"contractor[s]") if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The purpose of this ITB is to establish a contract with a qualified vendor that will lease to the City of Miami Beach, Florida nineteen (19) most recent model year Harley-Davidson Electra Glide Police Motorcycles (FLHTP), in accordance with the requirements and terms set forth herein. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued April 19,2017 Pre-Bid Meeting May 1, 2017 10:00AM Deadline for Receipt of Questions May 12,2017 5:00PM Responses Due May 22,2017 3:00PM Tentative Commission Approval Authorizing Award July 26,2017 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305-673-7000 x 6455 anetakamvczek0.miamibeachfl.gov dditionally, the City Clerk is to be copied on all communications via e-mail at: RafaelGranado a(�.miamibeachfl.gov: or via facsimile: 786-394-4188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2017-130-AK 3 m MIAMI BEACH 4. PRE-BID MEETING. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 ITB 2017-130-AK 4 CA MIAMI 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid,to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress, performance,furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11.NOT USED. 12.VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise, and which is within five percent(5%) of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two (2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City. The City Commission shall consider the City Manager's recommendation(s)and, ITB 2017-130-AK 5 Ca___ /VI Ai\ ! BEACH may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability, capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character, integrity, reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD.The City may award up to three vendors(primary,secondary,tertiary),as available,by line item,by group or in its entirety. The City will endeavor to utilize vendors in order of award. However,the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release; 2)Solicitation; 3) Bid Proposal. In case of default on the part of the successful bidder, the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements, terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty (120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder 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 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. ITB 2017-130-AK 6 CA_ `A,IAM,1 BEACH 21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489 (voice), 305-673-7524 (fax) or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation,without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder 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 shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS, CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29. CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications, or other Bid documents, or any part thereof, the bidder must submit to the City, at least seven (7) calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including,without limitation, responses to questions and request for clarification(s)from ITB 2017-130-AK 7 !A,'\' BEACH bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative, unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach, FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two(2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership, control and management of such related parties in the preparation and submittal of such bid or bids. "Related parties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract,or in which a parent company or the principals thereof of one (1) bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment, and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form, the guaranteed delivery time (in calendar days) for each item. It must be a firm delivery time; no ranges (For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. ITB 2017-130-AK 8 CA_ MIA/V, BEACH C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a bidder, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder,the decision of the City shall be final and binding on all parties. 37. DISPUTES. In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39. EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. ITB 2017-130-AK 9 /AV\ AM1 BEACH Note as to Brand Names: Catalog numbers, manufacturers' and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt, taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41. EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before, during, and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety, as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1) or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office, in writing, at least five (5) days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES. The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (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. ITB 2017-130-AK 10 m M l AM BEACH 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee, contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE & TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50. LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses, permits, and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS. The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws, ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid, the bidder will assume the full duty,obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, ITB 2017-130-AK 11 1M AV. BEACH rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATION/WITHDRAWALS OF BIDS. A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion, on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidder's name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS & ROYALTIES. The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented,or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect, and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment ITB 2017-130-AK 12 m VIAM1 BEACH terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the "BID FORM". However, in all cases must be provided within five (5)calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal" product must be accompanied with detailed specifications. Samples of items,when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66.SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However, the City reserves the right to purchase the items from state or other governmental contract,or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS. After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion,which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate, any of the covenants, agreements, or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto, the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event, the City shall compensate the successful bidder in accordance with the term of the contract for all work ITB 2017-130-AK 13 CA ,VV,R'\ AsA BEACH and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may, at its discretion, provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period, then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection, the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City, work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L. for the item(s)offered and furnished. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-130-AK 14 ^,,^;1 AM! BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids. Additionally, five(5) bound copies and one (1) electronic format(CD or USB format) are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically, either through email or facsimile, are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2. BID PROPOSAL.The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. BIDS RECEIVED WITHOUT A COST PROPOSAL FORM OR WITHOUT A SIGNED COST PROPOSAL FORM SHALL BE DEEMED NON-RESPONSIVE. • TAB 2-Bid Certification,Questionnaire and Affidavits (Appendix A). BIDS RECEIVED WITHOUT APPENDIX A OR WITHOUT A SIGNED APPENDIX A SHALL BE DEEMED NON-RESPONSIVE. • TAB 3—Submittal Requirements requested in Appendix C, Minimum Requirements. BIDS FROM BIDDERS THAT DO NOT MEET OR EXCEED THE MINIMUM REQUIREMENTS SHALL BE DEEMED NON-RESPONSIVE. • TAB 4—Copy of Proposed Equipment Lease from Lease Company. BIDDERS SHALL SUBMIT, WITH ITS BID OR UPON REQUEST BY THE CITY, THE PROPOSED EQUIPMENT LEASE. THE CITY RESERVES THE RIGHT TO MODIFY, ADD, OR DELETE ANY TERM OR CONDITION IT DEEMS TO NOT BE IN ITS BEST INTEREST. BIDDER'S FAILURE TO AGREE TO THE CITY'S TERMS AFTER AWARD WILL DEEM THE AWARD INVALIDATED. 3. LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2017-130-AK 15 APPENDIX "A" MAMBEACH Proposal Certification , Questionnaire & Requirements Affidavit ITB N o. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 16 Solicitation No: Solicitation Title: 2017-130-AK Lease of Police Motorcycles Procurement Contact: Tel: Email: Aneta Kamyczek (305)673-7000 x 6455 anetakamyczek@miamibeachfl.gov PROPOSAL CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2017-130-AK 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:llsupplierportal.dnb.comlwebapplwcslstoreslservlet/SupplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun &Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly, an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References & Past Performance. Proposer shall submit at least three (3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension, Debarment or Contract Cancellation. Has Proposer ever been debarred, suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the ITB 2017-130-AK 18 City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable govemmental rules and regulations including, among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. 8. .. _ - ... belew • Commencing with City fiscal year 2012 13 (October 1, 2012), the hourly living rate will be $11.28/hr with health _ . . - * - -- ' _ . -- - _ • - - ' • - -- • .... _ , ..• - 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida; and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners* or to domestic partners of emplo ees? YES NO C. Please check all benefits that apply to your answers above and list in the"other"section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation. Your Reasonable Measures Application will be reviewed for consideration by the ITB 2017-130-AK 19 City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurementl. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that 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 proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies 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 s.287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination. Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi, as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code ("Fair Chance Ordinance"), and which, among other things, (i) prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position,and(iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2017-130-AK 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the City")for the recipient's convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals, may accept or reject proposals,and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicant's affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations, interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal (or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete, to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2017-130-AK 21 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of FLORIDA ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: ITB 2017-130-AK 22 APPENDIX B Ir_Fa MAM BEACH " No Bid " Form ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a`"Statement of No Bid" may result in not being notified of future solicitations by the CityM ITB 2017-130-AK 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: Workload does not allow us to proposal _Insufficient time to respond _Specifications unclear or too restrictive _ Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: City of Miami Beach Procurement Department ATTENTION: Aneta Kamyczek ITB No. 2017-130-AK 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2017-130-AK 24 APPENDIX C MAW\ BEACH Minimum Requirements & Specifications ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 25 Cl. Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Authorized Dealer. Bidder must be authorized by Harley Davidson as a dealer and service provider for the make and model specified herein. SUBMITTAL REQUIREMENT: Submit written proof from Harley Davidson that bidder is authorized to sell the specific make and model specified herein. 2. Previous Experience. Bidders shall submit at least three (3) references exemplifying their experience in providing public safety organizations with sale and service of Harley Davidson FLHTP motorcycles. References must include engagements completed or in progress within the last five(5)years. SUBMITTAL REQUIREMENT: For each client reference submitted, the following information is required: 1) Agency Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email, 6) Narrative on Scope of Services provided and time, 7) Date(s) of Engagement. 3. Location of Repair Facility. Bidder shall own and operate a service (maintenance and repair) facility for Harley Davidson FLHTP motorcycles within a 50 mile radius of the Miami Beach Policy Department.The service facility shall be approved/authorized by Harley Davidson. SUBMITTAL REQUIREMENT: Submit the location of the applicable service facility AND proof that the facility is approved/authorized by Harley Davidson. C2. Statement of Work. 1. The City of Miami Beach intends to Lease approximately nineteen (19) Police Type Two-Wheel Motorcycles. No previously titled motorcycles (demonstrators etc.)will be accepted. All motorcycles shall be delivered with all new parts and components to include below listed equipment. The quantities shown are estimated as year one's requirement. The City reserves the right to increase or decrease the total quantities. 2. Prices offered shall include all taxes, fees, financing, standard and supplemental equipment options, warranty parts, labor and services for the full 24 month term of lease. All lease programs will include full maintenance using Original Equipment Manufacturers (OEM) parts not limited to but including all factory recommended service intervals along with tires and brakes. One replacement clutch will be covered with the exception of those consumed during training periods. The City of Miami Beach will receive priority service with minimal downtime. 3. Maintenance and repair of the equipment shall be the responsibility of the lessor except repairs necessary due to an accident or negligence on the part of the City. Preventative and routine maintenance is to be completed in accordance with Manufacturers recommendations and warranty guidelines. The City will make the equipment available for preventative and routine maintenance in accord with pre-arranged schedule. These appointments shall be made considering vendor workloads and officer availability in order to minimize downtime. Lessor is required to notify the rider of any failure to complete work within the allotted time frame ITB 2017-130-AK 26 Repairs outside of routine maintenance, over$100.00 and not covered under warranty must be submitted for approval, to the City of Miami Beach Police Department Motor Unit Commander or their designee prior to any work being done. 4. Since police motorcycles are unique in certain parts from other similar models, it will be the responsibility of the lessor to have sufficient OEM police motorcycle parts in stock. Such parts to include, but not limited to, fenders,gas tanks,fairing and windshields,and replacement emergency lights(if applicable). In the unlikely event a motorcycle is totaled as a result of accident, the City's Risk Management Department will expect any subrogated value to be returned to the City as a part of the final settlement. 5. The motorcycle(s) shall be carefully inspected by the vendor to make sure that it is complete in detail and all components and accessories are in accordance with these specifications. All equipment set out in the manufacturer's literature as standard equipment shall be furnished. Omission of detail from these specifications does not relieve the vendor from furnishing a complete unit. It will be the responsibility of the successful bidder to pick up any unit(s) found unacceptable. After notification, the successful bidder will have five (5) working days to respond and make the necessary arrangement to pick up unit(s), and to redeliver same in five (5) working days after date of pick up. Units not in compliance with bid specifications are not eligible for, or considered delivered until corrections have been accomplished and in compliance. Vendor will be held responsible for any defect in material and workmanship,which are of such a nature that they could not be detected by inspection or road test. 6. The City will assume responsibility for the costs associated with Tag/Title and Registration fees. The Vendor will provide a separate invoice to the City outlining each Vehicle Identification Number on the invoice. C3. Minimum Specifications. All units shall be Harley Davidson, FLHTP, Electra Glide Police Motorcycle, model year 2017 or newer. The bid price of each motorcycle shall include the following items and safety equipment: Universal Helmet Lock • 53848-00 Tour Pack Lock, Keyed To Lock(Harley Davidson or equal) • 90200561 Saddle Bag Guardrails(Harley Davidson or equal) • 80721-09 Muffler Splash Down Kit(Harley Davidson or equal) Lighting Equipment: (or equal): • MO6MJ FLHT Windshield Light Array • 68-1183582-3SA 700 Series Back of Bags Clear Optical Lens • 69200597 Siren Amp Mounting Kit(Harley Davidson or equal) • 68000123A Kit Light,Aux, Run/Brake/Turn (Harley Davidson or equal) • 68559-07 Lens,Turn Signal, Red(Harley Davidson or equal) Hourly Rate and Part Discount. The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder for repairs not covered under Warranty. This rate is assumed to be at straight-time for all labor, except as otherwise noted. Hourly labor rates are specified as follows: ITB 2017-130-AK 27 Hourly Labor Rate I —hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m. Monday— Friday (rate is to include labor and travel, parts are not included). Hourly Labor Rate II — hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00 p.m. or on weekends or holidays(rate to include labor and travel, parts are not included). Parts Discount—Discount from manufacturer's published price list. ITB 2017-130-AK 28 APPENDIX D BEACH Special Conditions ITB N o . 2017-008-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 29 1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) will have an initial term of two (2)years 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for AN ADDITIONAL two (2) year term, provided the bidder will maintain the same prices, terms and conditions. In the event the City exercises its option to renew beyond the initial two (2) year contract, the successful bidder must agree to replace the existing Fleet with the latest models. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein, and shall not exceed six(6) months. 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall remain firm and fixed, unless amended in writing by the City. 4. EXAMINATION OF FACILITIES. The contractor must be able to offer a maintenance/repair facility within forty(40) miles of the City of Miami Beach. 5. SHIPPING TERMS. Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 6. DELIVERY AND ACCEPTANCE. The police motorcycles identified in this solicitation shall be ready for immediate delivery within sixty (60) calendar days of the Notice of Award. No factory ordered police motorcycles will be accepted unless this delivery schedule can be met. Bidder shall state in space provided on proposal pages the time required for delivery after receipt of the purchase order. Contractor shall notify agency personnel designated on purchase order no less than 24 hours prior to delivery. Deliveries will be accepted only between 8:00 a.m. and 3:30 p.m. on agency's normal workdays. Transport deliveries must be unloaded and ready for inspection prior to 3:30 p.m. Deliveries not complying with these requirements may be rejected and will have to be re-delivered at contractor's expense. Delivery of a/the police motorcycles to the City of Miami Beach does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the police motorcycle(s) meets contract specifications and conditions. The unit(s) will be inspected and accepted by the Fleet Management Director, or designated representative, as indicated on the purchase order. Unit(s) must be in conformance with the specifications and that the engineering materials and workmanship exhibit a level of quality and appearance consistent with or exceeding industry standards. 7. WARRANTY REQUIREMENTS. Motorcycles shall have a full factory warranty. Dealer will provide a complete and detailed copy of warranty. 8. WARRANTY REQUIREMENTS SHALL BE AT MINIMUM TWENTY FOUR (24) MONTHS FROM ITB 2017-130-AK 30 ACCEPTANCE OF PRODUCT. A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of twenty four (24) months after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full twenty four(24) month period; regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within Five (5) calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within five (5) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may (a) place the bidder in default of its contract, and/or (b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 9. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be leased by the City, it is understood and agreed that the City may lease as many additional items or units from the vendor; provided that these additional items or units represent the same manufacturer, model or brand, and unit price stipulated within the contract. 10. DEMONSTRATION OF EQUIPMENT MAY BE REQUIRED DURING EVALUATION. After receipt of offers by the City, the vendors may be required to demonstrate their specifically offered equipment to cognizant City personnel, at no separate cost. The purpose of this demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability in conjunction with the performance requirements stipulated in this solicitation. If a demonstration is required, the City will notify the vendor of such in writing and will specify the date, time and location of the demonstration. If the vendor fails to perform the demonstration on the specified date stipulated in the notice, the City may elect to reject that vendor's offer, or to re-schedule the demonstration, whichever action is determined to be in the best interests of the City. The City shall be the sole judge of the acceptability of the equipment in conformance with the specifications and its decision shall be final. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the vendor's offer. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment to be provided by the vendor during the contract period shall ITB 2017-130-AK 31 conform to the equipment used in the demonstration. The vendor shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 11. EQUIPMENT SHALL BE MOST RECENT MODEL AVAILABLE. The equipment being offered by the vendor shall be the most recent model available. Any optional components which are required in accordance with the contract specifications shall be considered standard equipment for purposes of this solicitation. Demonstrator models will not be accepted. Omission of any essential detail from these specifications does not relieve the vendor from furnishing a complete unit. The unit shall conform to all applicable OSHA, State, and Federal safety requirements. All components (whether primary or ancillary) of the delivered equipment are to be in accordance with current SAE standards and recommended practices. The engineering, materials, and workmanship associated with effort performed hereunder shall exhibit a high level of quality and appearance consistent with or exceeding industry standards. 12. PURCHASE/ LEASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES. While the City has listed all major items and services within this solicitation which are utilized by City departments in conjunction with their operations, there may be similar items/services that must be purchased/ leased by the City during the term of this contract. Under these circumstances, a City representative will contact the primary vendor to obtain a price quote for the similar items. The City reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 13. MIAMI-DADE/STATE CONTRACTS. The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. ITB 2017-130-AK 32 APPENDIX E MAM BEACH Cost Proposal Form ITB No. 2017-008-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 331 ITB 2017-130-AK 33 PROPOSAL TENDER FORM Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form (Section 5)shall be initialed. Note to bidder; Lease programs will include all factory recommended service intervals along with tires and brakes. One (1) replacement clutch will be covered with the exception of those consumed during training periods. w ¢ y :0%1.= dy a m a p x qig, t v $u,-"n'- Cf JJdr�"F✓ A S 1.: fes'' t"' {-F%i' '" ' a * b b'Y .wta 1 �a ". ..,.,. ....nom....r-',.,�. 3t,ib,": Lease of FLHTP Harley Davidson Electra Glide Police Motorcycle outfitted in accord with the requirements 19 $ 24 $ specified herein. Our Leasing Agency will be: Name,Address,and Phone Number BIDDERS SHALL SUBMIT, WITH ITS BID OR UPON REQUEST BY THE CITY, THE PROPOSED EQUIPMENT LEASE. THE CITY RESERVES THE RIGHT TO MODIFY, ADD, OR DELETE ANY TERM OR CONDITION IT DEEMS TO NOT BE IN ITS BEST INTEREST. BIDDER'S FAILURE TO AGREE TO THE CITY'S TERMS AFTER AWARD WILL DEEM THE AWARD INVALIDATED. 't .ti"' Y +w ,e;,r Z d ' C aa.em 4,4.40 e ,*0-4911;11 ffrd +, top 3 ... Labor Rate I: $ per hour Labor Rate II(Overtime): $ per hour ,uarF,c'i: tr 11440.:114„fix Discount Off MSRP % INDICATE DELIVERY(IN CALENDAR DAYS)FROM RECEIPT OF ORDER CALENDAR DAYS Bidder's Affirmation Company: Authorized Representative: Address: Telephone: Email: Authorized Representative's Signature: ITB 2017-130-AK 34 APPENDIX F 1-11 MAN\ BEACH Insurance Requirements ITB N o. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 35 m M AM BEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. )00(2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$10,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 —Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. ITB 2017-130-AK 36 ITB 2017-130-AK 37 ATTACHMENT C CONSULTANTS RESPONSE TO THE (ITB) Bid #: 2017-130-AK Lease of Police Motorcycles Peterson's Harley-Davidson of Miami, LLC 19400 NW 2nd Ave. Miami, FL 33169 Cost Proposal Form (Appendix E) APPENDIX E MIAMIBEACH Cost Proposal Form ITB No. 2017-008-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 331 ITB 2017-130-AK 33 Option A PROPOSAL TENDER FORM Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal bein. deemed non-responsive and bein. rejected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. Note to bidder; Lease programs will include all factory recommended service intervals along with tires and brakes. One (1) replacement clutch will be covered with the except o,4hose consumed during training periods.**Tires and brakes nclu led with pti• "`NLS �J '` +i �, ! ��''a .,-� ^ dGa stir +al` Lease of FLHTP Harley Davidson Electra Glide Police Motorcycle outfitted in accord with the requirements 19 $ 650.00 24 $296,400.00 specified herein. Our Leasing Agency will be: Peterson's Harley-Davidson of Miami, LLC Name,Address,and Phone Number BIDDERS SHALL SUBMIT, WITH ITS BID OR UPON REQUEST BY THE CITY, THE PROPOSED EQUIPMENT LEASE. THE CITY RESERVES THE RIGHT TO MODIFY, ADD, OR DELETE ANY TERM OR CONDITION IT DEEMS TO NOT BE IN ITS BEST INTEREST. BIDDER'S FAILURE TO AGREE TO THE CITY'S TERMS AFTER AWARD WILL DEEM THE AWARD INVALIDATED. Labor Rate I: $ 110.00 per hour Labor Rate II(Overtime): $ 110.00 per hour o. aai„ ...✓ "�, s '+3, Discount Off MSRP 10 % INDICATE DELIVERY(IN CALENDAR DAYS)FROM RECEIPT OF ORDER 60 CALENDAR DAYS Bidder's Affirmation Company: Peterson's Harley-Davidson of Miami, LLC Authorized Representative:Dirk Peterson Address:19400 NW 2nd Ave Telephone: 305-651-4811 Email: dirk@miamiharley.com Authorized Representative's Signature: ®/ ITB 2017130-AK 34 Option B PROPOSAL TENDER FORM Failure to submit Section 5, Bid Price Form, in its entirety and fully executed by the deadline established for the receipt of proposals will result in proposal being deemed non-responsive and being re'ected. Bidder affirms that the prices stated on the proposal price form below represents the entire cost of the items in full accordance with the requirements of this ITB, inclusive of its terms, conditions, specifications and other requirements stated herein, and that no claim will be made on account of any increase in wage scales, material prices, delivery delays, taxes, insurance, cost indexes or any other unless a cost escalation provision is allowed herein and has been exercised by the City Manager in advance. The Bid Price Form (Section 5) shall be completed mechanically or, if manually, in ink. Bid Price Forms (Section 5) completed in pencil shall be deemed non-responsive.All corrections on the Bid Price Form(Section 5)shall be initialed. Note to bidder; Lease programs will include all factory recommended service intervals along with tires and brakes. One (1) replacement clutch will be covered with the exception o t/>tose consumed during training periods.**Tires and brakes included with Option B4ON,LY aa �^a ?ti,' f,,^'^^1^6;^ d ' e Lease of FLHTP Harley Davidson Electra Glide Police Motorcycle outfitted in accord with the requirements 19 $ 750.00 24 $ 342,000.00 specified herein. Our Leasing Agency will be: Peterson's Harley-Davidson of Miami, LLC Name,Address,and Phone Number BIDDERS SHALL SUBMIT, WITH ITS BID OR UPON REQUEST BY THE CITY, THE PROPOSED EQUIPMENT LEASE. THE CITY RESERVES THE RIGHT TO MODIFY, ADD, OR DELETE ANY TERM OR CONDITION IT DEEMS TO NOT BE IN ITS BEST INTEREST. BIDDER'S FAILURE TO AGREE TO THE CITY'S TERMS AFTER AWARD WILL DEEM THE AWARD INVALIDATED. Labor Rate I: $ 110.00 per hour Labor Rate II(Overtime): $ 110.00 per hour z a a r p t 'moi Discount Off MSRP 10 % INDICATE DELIVERY(IN CALENDAR DAYS)FROM RECEIPT OF ORDER 60 CALENDAR DAYS Bidder's Affirmation Company: Peterson's Harley-Davidson of Miami, LLC Authorized Representative:Dirk Peterson Address:19400 NW 2nd Ave Telephone: 305-651-4811 Email: dirk@miamiharley.com % Authorized Representative's Signature: U • ITB 2017-130-AK 34 APPENDIX F MIAMI BEACH Insurance Requirements ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 35 MAM INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in 'insurance requirements" of specifications). XXX 3, Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$10,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 _Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 _Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution,and any other applicable Statutes. ITB 2017-130-AK 36 ACSomewwOCA CERTIFICATE OF LIABILITY INSURANCE DATE (M 1101/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require art endorsement. A statement on this certificate does not confer rlahts to the certificate holder In lieu of sucl�amenttsi. PRODUCER CCNAME. RECREATION K&K INSURANCE GROUP,INC. PN/CC NFAX Ao Eel): (877)355.0315 INC,No): (HO)459-5511 P.O.BOX 2338 rake FORT WAYNE,IN 46801 ADDRESS: INSURER(S)AFFORDING COVERAGE NMC 0 INSURER A: NATIONAL CASUALTY COMPANY 11991 INSURED INSURER B: PETERSON'S HARLEY DAVIDSON OF MIAMI,LLC INSURER C: 19400 NW 2ND AVENUE MIAMI,FL 33169 INSURER o: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: C56436 REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, ILTRt TYPE OF INSURANCE Imp SUER POLICY NUMBER POLICY EFF POLICY ESP LIMITS (MMIDD!YYYY) /MM/ODMYYYL__ A X COMMERCIAL GENERALLIASILITY KK00000020495700 11/1/2016 11/1/2017 EACH OCCURRENCE $1,000,000 CLAIMS WAGE aGCCUR 12:01 AM 12:01 AM DAMAGE/O RENTED EXCLUDED PREMISES(Ea Occurrence) MED EXP(My one person) EXCLUDED PERSONAL 8 ADV INJURY $1,000,000 GENERAL AGGREGATE $2,000,000 GE IL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPtOP AGO $2,OCO,000 POLICY n SP PROJECT I I LOC LEGAL LIAR TO PARTICIPANTS OTHER: PROFESSIONAL LIABILITY A AUTOMOBILE LIABILITY KK00000020495500 11/1/2016 11/1/2017 fEa lant)INOLELIM'T $1000000 ANY AUTO 12.01 AM 12:01 AM BODILY INJURY(Per person) "'OWNED SCHEDULED AUTOS BODILY INJURY(Per accident) AUTOS ONLY —HIRED —NON-OWNED PROPERTY DAMAGE _AUTOS ONLY _AUTOS ONLY (Per acddentl _ X GARAGE LIABILITY 71GGREGAIE(Other Inert Rule $3,000,000 Only) A UMBRELLA OAS X OCCUR XK00000020495800 11/1/2016 11/1/2017 EACH OCCURRENCE $10,000,000 12:01 AM 12:01 AM $10,000,000 X EXCESS LIAR CLAIMSWADE AGGREGATE DED ( �j RETENTION WOtRER9 CCM ENBATiON N/A _J U PER OTHER AND EMPLOYERS'LIABILITY „ STATUTE ANYPROPRIETOWPARTNEtV YIN E.LEACHACCIDENT D(ECUTNE OFFICEWMELISER EXCLUDED?(Mmtdatcuy inEl E.L.DISEASE-FA EMPLOYEE SunAesaLa under UES iIPTION OF OPERATIONS below E.L DISEASE-POLICY OMIT PARTICIPANT ACCIDENT AD&D Prman/Medical Excess Medical Weekly Indemnity DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached U more apace Is required) GARAGE-KEEPERS(PRIMARY BASIS)$600,000$1,000/$5,000/$1,000;PIP-STAT LIMIT(SYMBOL 25)$10,000 CERTIFICATE HOLDER IS NAMED ADDITIONAL INSURED,BUT ONLY WITH RESPECT TO THE LIABILITY ARISING OUT OF THE WORK PERFORMED BY THE ABOVE NAMED INSURED.EXCESS LIABILITY FOLLOWS FORM AS PER STATE REQUIREMENT,30 DAY NOC APPLIES EXCEPT FOR NON-PAYMENT OF PREMIUM. CERTIFICATE HOLDER CANCELLATION THE CITY OF MIAMI BEACH,FLORIDA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE C/O INSURANCE TRACKING SERVICES,INC.(ITS) EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH PO BOX 20270 THE POLICY PROVISIONS, LONG BEACH,CA 90801 AUTHORIZED REPRESENTATIVE /a1-1,1` ACORD 25(2016/03) ®1980.201 S ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD Acs CERTIFICATE OF LIABILITY INSURANCE DATE(MM,DDIYYYY) ie.,....---- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT NAME: Crystal Smolen South Pointe Services, LLC PHONE (813)661-0382 FAX (A/C.Nti,Ex11.. _., i(kg,.No): 16637 Fishhawk Blvd E-MAIL ADDRESS:crystall?spisfla.com Ste 104 INSURER(S)AFFORDING COVERAGE NAIC I Lithia FL 33547 INSURER FUBA INSURED INSURER B: Peterson's Harley-Davidson of Miami, LLC INSURER C: I 19400 NW 2nd Ave. INSURER o: l INSURER E: I Miami FL 33169 INSURER F: COVERAGES CERTIFICATE NUMBER:Master 17-18- WC only REVISION NUMBER: THIS IS TO CERTIFY THAT 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.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI TYPEOF INSURANCE IADOL�SUBRI - POLICYEFF I POLICY EXP 1 LIMITS LTRNSD,WVD IM POLICY NUMBER MIDOIYYYY) (MM/ODlYYYY) COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE _. 1$ i CLAIMS-MADE l OCCUR bAMAGe TO RENTED PREMISES.LEa oaurreece) $ I _. _ _... . MED EXP(Any one person) $ Ij PERSONAL B ADV INJURY $ 'GEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE S POLICYLOC PRODUCTS-GOMPIOP AGG $ --- JECPRO T P ... OTHER $ 'AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ LEe emPden!1 ANY AUTO BODILY INJURY{Per Person) 3 d ALL OWNED I SCHEDULED BODILY INJURY{Per accfdenp $ AUTOS ,.. AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS I AUTOS ,{�Per_acbidernl_ i 1 $ UMBRELLA LIAR I OCCUR 1 EACH OCCURRENCE $ EXCESS LIARCLAIMS-MADE t AGGREGATE $ DEO t I RETENTION$ , 1$ WORKERS COMPENSATION (¢iaTUTERH AND EMPLOYERS'LIABILITY -- - --- ANY PROPRIETOR/PARTNER/EXECUTIVE Y1 N , EL EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? M NIA --- ---- -- - A (Mandatory In NH) - 10651226 1/1/2017 1/1/2018 Et.DISEASE EA EMPLOYEE$ 1,000,000 If yes,deserlbe under --_ _.,.__. .DESCRIPTION OF OPERATIONS below E L.DISEASE-POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) 30 day cancellation notice applies except for non-payment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE The City of Miami Beach, Florida THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN C/O Insurance Tracking Services, Inc (ITS ACCORDANCE WITH THE POLICY PROVISIONS. P.O. Box 20270 Long Beach, CA 90801 AUTHORIZED REPRESENTATIVE LMike Smolen/IIT, ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(2014011 5/17/2017 National Casualty Company-Company Profile-Best's Credit Rating Center A.M. Best Rating Services National Casualty Company CO A.Y.Eliot 0:003007 NAIL er 11901 FEIN*:300045260 Administrative Office View Additional Address Information Financia1Neegar Rhe, '7 North Gainey Center Drive L OEST ttsdale,AZ 85258-2108 A+ .nited States , Assigned to insurance companies that have,in our opinion, a superior ability to meet their ongoing insurance Web:www.scottsdaleins.com obligations. Phone:480-365-4000 Fax:866-315-1430 View additional news,reports and products for this company. Based on A.M.Best's analysis,002358•Nationwide Mutual Insurance Company is the AMB Ultimate Parent and identifies the topmost entity of the corporate structure.View a list of operating insurance entities in this structure. Best's Credit Ratings Financial Strength Rating View Definition Rating: A+(Superior) Affiliation Code: r(Reinsured) Financial Slee Category: XV($2 Billion or greater) Outlook: Stable Action: Affirmed Effective Date: July 07,2016 initial Rating Date: June 30,1922 Long-Term Issuer Credit Rating View Definition Long-Term: aa- Outlook: Stable Action: Affirmed Effective Date: July 07,2016 initial Rating Date: May 03,2006 u Denotes Undo,Roview Bears Mefinq 'est's Credit Rating Analyst Rating issued by:A.M.Best Rating Services,Inc. Associate Director:Raymond Thomson,CPCU,ARe,ARM Senior Director:Gregory T.Williams Disclosure information iLA View A.M.Best's Rating Disclosure Form A,M.Best Affirms Ratings of Nationwide Mutual Insurance Company and Its Key Oceratino Subsidiaries July 07,2016 Rating History A.M.Best has provided ratings 8 analysis on this company since 1922. Financial Strength Rating Effective Date Rating 7/7/2016 A+ 3/19/2015 A+ 4/2/2014 A+ 5/22/2013 A+ 3/27/2012 A+ Long-Term issuer Credit Rating Effective Date Rating 7/7/2018 aa- 3/19/2015 aa- 4/2/2014 aa- \5/22/2013 aa- 3/27/2012 aa- IAMB Credit Reports http:Uwww3.ambest.com/ratings/entities/CompanyProfile.espx?ambrwm=3007&URatingid=27210618b1=08AltSrc=1&PPP=8,AitNtm=08fExt User=&Ext Mise... 1/2 5/17/2017 National Casualty Company-Company Profile-Best's Credit Rating Center ¢MB Credit Report -Includes Bests Financial Strength Rating and rationale along with comprehensive analytical commentary,detailed business overview and key financial data. Report Revision Dale:3/W2017(represents the latest significant change). I--- Historical Reports are available In AMB Credit Report Archive. r additional news.reports and products for this company. Press Releases Date Title Jul 07,2016 AM.Best Affirms Ratings of Nationwide Mutual Insurance Company and Its Key Operating Subsidiaries Mar 19,2015 A M.Best Affirms Ratings of Nationwide Mutual Insurance Company and Its Key Operating Subsidiaries May 22,2013 A.M.Best Revises Outlook to Stable for the Members of Nationwide;Upgrades Ratinas of Harleysville Insurance Affiliates Mar 27,2012 A M Best Affirms Ratings of Nationwide Group.Its Members and Affiliates Mar 16,2011 A.M.Best Affirms Ratings of Nationwide Grouts.Its Members and Affiliates Mar 25,2010 A.M.Best Affirms Retinas of Nationwide Group.Its Members and Affiliates Mar 11,2008 A.M.Best Affirms Ratings of Nationwide Group and Other Affiliates;Comments on NES Privatization Feb 05.2007 A.M.Best Affirms Ratings of Nationwide Group May 03,2006 A,M,Best Affirms and Assigns Ratings to Nationwide;Removes Nationwide Indemnity and Crestbrgok Insurance From Under Review Dec 06,2004 A,M,Best Affirms Ratings of Nationwide Group;Assigns Rating to Contingent Surplus Notes European Union Disclosures A.M.Beet-Europe Rating Services Limited(AMBERS),a subsidiary of A.M.Best Rating Services,Inc.,Is an External Credit Assessment Institution(ECAI)in the European Union(EU).Therefore,Credit Ratings issued and endorsed by AMBERS may be used for regulatory purposes in the EU as per Directive 2008/48/EC. Australian Disclosures A,M.Best Asla-Pacific Umited(AMBAP),Australian Registered Body Number(ARBN No.150375257),is a limited liability company incorporated and domiciled In Hong Kong.AMBAP is a wholesale Australian Financial Services(AFS)Licence holder(AFS No,411055)under the Corporations Act 2001.Credit Ratings emanating from AMBAP are not intended for and must not be distributed to any person in Australia other than a wholesale client as defined in Chapter 7 of the Corporations Act.AMBAP does not authorize its Credit Ratings to be disseminated by a third-party in a manner that could reasonably be regarded as being intended to ',!ence a retail client in making a decision in relation to a particular product or class of financial product.AMBAP Credit Ratings are intended for wholesale clients only,as defined. lit Ratings determined and disseminated by AMBAP are the opinion of AMBAP only and not any specific credit analyst.AMBAP Credit Ratings are statements of opinion and not statements of fact.They are not ,ecommendatlons to buy,hold or sell any securities or any other form of financial product,including insurance policies and are not a recommendation to be used to make investment/purchasing decisions. Important Notice:A.M.Best's Credit Ratings are independent and objective opinions,not statements of fact.A.M.Best is not an Investment Advisor,does not offer investment advice of any kind,nor does the company or its Ratings Analysts offer any form of structuring or financial advice.A.M.Best's credit opinions are not recommendations to buy,set or hold securities,or to make any other investment decisions.For additional information regarding the use and limitations of Credit Rating opinions,as well as the rating process,information requirements and other rating related terms and definitions,please view Understandlnc Best's Credit patinas. About A.M.Best I Site Map 1 Customer Service I Member Center(Contact Into I Careers(Terms of Use I Privacy Policy I Security I Legal&Licensing Regulatory Affairs-Form NRSRO-Code of Conduct-Rating Methodology-Historical Performance Data Copyright®2017 A.M.Best Company,Inc.and/or its affiliates ALL RIGHTS RESERVED. http://www3.ambest.tom/ratincgs/entities/CompanyProfile.aspx?ambnum=30078,URatingld=272106184=08AItSrc=1&PPP=BAItNtm=08Ext User=&Ext Misc... 2/2 Bid Certification,Questionnaire, and Affidavits (Appendix A) SUBMITTAL REQUIREMENTS 1. Veteran Owned Business: N/A 2. Financial Capacity: Supplier Qualification Report (SQR) submitted by Dun & Bradstreet and enclosed 3. Conflict of Interest: N/A 4. References & Past Performance: See enclosed references 5. Suspension, Debarment or Contract Cancellation: N/A 6. Vendor Campaign Contributions: See enclosed statement 7. Code of Business Ethics: See enclosed statement 8. Living Wage: N/A 9. Equal Benefits: See enclosed response 10. Public Entity Crimes: No response required 11. Non-Discrimination: No response required 12. Travel and Goods from NC & MS: No response required 13. Fair Chance: No response required APPENDIX "A" MAM1 BE CH Proposal Certification , Questionnaire & Requirements Affidavit ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 16 Soicitation No: Solicitation Title: 2017-130-AK Lease of Police Motorcycles Procurement Contact Tel: Email: Aneta Kamyczek (305)673-7000 x 6455 anetakamyczek@miamibeachfl.gov PROPOSAL CERTIFICATION,QUESTIONNAIRE&REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Proposal Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposers of certain solicitation and contractual requirements, and to collect necessary information from Proposers in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Proposal Certification,Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: Peterson's Harley-Davidson of Miami, LLC No of Years in Business:63 No of Years in Business Locally: 63 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS) 19400 NW 2nd Ave. CITY: Miami STATE: ZIP CODE: FL 33169 TELEPHONE NO.: 305-651-4811 TOLL FREE NO.: 1-800-545-2561 Fax NO.: 305-653-8006 FIRM LOCAL ADDRESS: 19400 NW 2nd Ave. CITY: Miami STATE: ZIP CODE: FL 33169 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Dirk Peterson ACCOUNT REP TELEPHONE NO.: 305-651-4811 ACCOUNT REP TOLL FREE NO.: 1-800-545-2561 ACCOUNT REP EMAIL: dirk©miamiharley.com FEDERAL TAX IDENTIFICATION NO.;: 65-0418864 The City reserves the right to seek additional information from Proposer or other source(s),including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the Proposer to perform in accordance with contract requirements. ITB 2017-130-AK 17 1. Veteran Owned Business.Is Proposer claiming a veteran owned business status? YES X NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Financial Capacity. When requested by the City, each Proposer shall arrange for Dun & Bradstreet to submit a Supplier Qualification Report(SQR)directly to the Procurement Contact named herein.No proposal will be considered without receipt,by the City, of the SQR directly from Dun&Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer.The Proposer shall request the SQR report from D&B at: https:llsupplierportal.dnb.comlwebapplwcslstoreslservletiSuoplierPortal?storeld=11696 Proposers are responsible for the accuracy of the information contained in its SQR.It is highly recommended that each Proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. SUBMITTAL REQUIREMENT: Proposer shall request that Dun&Bradstreet submit its Supplier Qualifier Report directly to the City,with bid or within 2 days of request. 3. Conflict Of Interest. All Proposers must disclose, in their Proposal, the name(s)of any officer, director, agent, or immediate family member(spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Further,all Proposers must disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT:Proposers must disclose the name(s)of any officer,director,agent,or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly,an interest of ten(10%)percent or more in the Proposer entity or any of its affiliates. 4. References &Past Performance. Proposer shall submit at least three(3) references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1)Firm Name, 2)Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 5. Suspension,Debarment or Contract Cancellation. Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non-performance by any public sector agency? YES X NO SUBMITTAL REQUIREMENT: If answer to above is"YES,"Proposer shall submit a statement detailing the reasons that led to action(s). 6. Vendor Campaign Contributions.Proposers are expected to be or become familiar with,the City's Campaign Finance Reform laws,as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions,as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT:Submit the names of all individuals or entities(including your sub-consultants)with a controlling financial interest as defined in solicitation.For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly,of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 7. Code of Business Ethics.Pursuant to City Resolution No.2000-23879,each person or entity that seeks to do business with the ITB 2017-130-AK 18 City shall adopt a Code of Business Ethics("Code")and submit that Code to the Procurement Division with its proposal/response or within five(5)days upon receipt of request.The Code shall,at a minimum,require the Proposer,to comply with all applicable governmental rules and regulations including,among others,the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurement/. betel* at it. .. . .. . ••• •:}'- - . ..... .. " .... 9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners. When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach,who are awarded a contract pursuant to competitive proposals,to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States,but outside of the City of Miami Beach limits,who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? X YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners" or to domestic partners of emplo ees? YES NO C. Please check all benefits that apply to your answers above and list in the mother section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health X X Sick Leave X Family Medical Leave X X Bereavement Leave X X If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g.,there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance.To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the ITB 2017-130-AK 19 City Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. 10. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that 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 proposal,proposal,or reply on a contract to provide any goods or services to a public entity;may not submit a proposal, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals,proposals,or replies 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 s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 11. Non-Discrimination.Pursuant to City Ordinance No.2016-3990,the City shall not enter into a contract with a business unless the business represents that it does not and will not engage in a boycott as defined in Section 2-375(a) of the City Code, including the blacklisting,divesting from,or otherwise refusing to deal with a person or entity when such action is based on race, color,national origin,religion,sex,intersexuality,gender identity,sexual orientation,marital or familial status,age or disability. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Section 2-375 of the City of Miami Beach City Code. 12. Moratorium on Travel to and the Purchase of Goods or Services from North Carolina and Mississippi. Pursuant to Resolution 2016-29375, the City of Miami Beach, Florida, prohibits official City travel to the states of North Carolina and Mississippi,as well as the purchase of goods or services sourced in North Carolina and Mississippi. Proposer shall agree that no travel shall occur on behalf of the City to North Carolina or Mississippi,nor shall any product or services it provides to the City be sourced from these states. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees it is and shall remain in full compliance with Resolution 2016-29375. 13. Fair Chance Requirement.Pursuant to Section 2-376 of the City Code,the City shall not enter into any contract resulting from a competitive solicitation, unless the proposer certifies in writing that the business has adopted and employs written policies, practices,and standards that are consistent with the City's Fair Chance Ordinance,set forth in Article V of Chapter 62 of the City Code("Fair Chance Ordinance"), and which, among other things, (i)prohibits City contractors, as an employer, from inquiring about an applicant's criminal history until the applicant is given a conditional offer of employment; (ii) prohibits advertising of employment positions with a statement that an individual with a criminal record may not apply for the position,and(iii)prohibits placing a statement on an employment application that a person with a criminal record may not apply for the position. SUBMITTAL REQUIREMENT: No additional submittal is required at this time. By virtue of executing this affidavit, Proposer certifies that it has adopted policies,practices and standards consistent with the City's Fair Chance Ordinance. Proposer agrees to provide the City with supporting documentation evidencing its compliance upon request. Proposer further agrees that any breach of the representations made herein shall constitute a material breach of contract, and shall entitle the City to the immediate termination for cause of the agreement,in addition to any damages that may be available at law and in equity. 14. Acknowledgement of Addendum. After issuance of solicitation,the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt r Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. ITB 2017-130-AK 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach(the'City")for the recipients convenience. Any action taken by the City in response to Proposals made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Proposals,or in cancelling awards,or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion,the City may withdraw the solicitation either before or after receiving proposals,may accept or reject proposals,and may accept proposals which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Proposals in response to this solicitation. Following submission of a Bid or Proposal, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Proposal and the applicant including, without limitation, the applicants affiliates, officers, directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposers.It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents, or on any permitted communications with City officials, shall be at the recipient's own risk. Proposers should rely exclusively on their own investigations,interpretations,and analyses.The solicitation is being provided by the City without any warranty or representation,express or implied,as to its content,its accuracy,or its completeness.No warranty or representation is made by the City or its agents that any Proposal conforming to these requirements will be selected for consideration,negotiation,or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer, and agrees to be bound by the terms hereof. Any Proposals submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Proposal. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice.Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposers will be bound only as, if and when a Proposal(or Proposals), as same may be modified, and the applicable definitive agreements pertaining thereto,are approved and executed by the parties,and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law,and all Proposals and supporting documents shall be subject to disclosure as required by such law.All Proposals shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes,until the date and time selected for opening the responses.At that time,all documents received by the City shall become public records. Proposers are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Proposal, the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Proposal,and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Proposal is true, accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation, all Proposers agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation,or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to $10,000.00 as agreed-upon and liquidated damages. The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation,it is understood that the provisions of this Disclosure and Disclaimer shall always govern.The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. ITB 2017-130-AK 21 i'C,SE __R n v�- I hereby certify that: I, as an authorized agent of the Proposer, am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; Proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation,and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposers and has not colluded with any other Proposer or party to any other proposal; Proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses,data and information contained in this proposal, inclusive of the Proposal Certification,Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representadve: Dirk Peterson Owner Signature of Proposers Au) d R= Date: r/12.3 7 State of FLORIDA ) On this R3 day of h-tWA ,20 17personally appeared before me Pt r K Pct crstn who County of -C ) stated that (s)he is the 0 wr}ce of pciersCAYstt0 Atteml a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before�efwe: �"-�ti a Notary Public fo a State of Ft— My Commission Expires: t -?-a�catC= . EMILY WARDEL L s .k) aomy Kano,See of Florida Bonded Pm Aileen ute.1111 01 F�1 ITB 2017-130-AK 22 &2312017 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI dun & brads[ree[ Supplier Qualifier Report To save report(s)to your PC, click here for instructions. Q Print this Report Copyright 2017 Dun &Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 ATTN: PETERSON'S HARLEY-DAVIDSON OF MIAMI Report Printed: MAY 23 2017 In Date PETERSON'S HARLEY-DAVIDSON OF MIAMI HARLEY-DAVIDSON HARLEY-DAVIDSON OF MIAMI BUELL OF MIAMI PETERSON'S HARLEY-DAVIDSON 19400 Nw 2nd Ave Miami, FL 33169 This is a headquarters location. D-U-N-S® Number: 04-886-9580 Branch(es) or division(s)exist. Telephone: 305 651-4811 D&B Rating: 1R2 Number of employees: 1R is 10 or more Fax: 305 653-8006 employees. Composite credit Manager: IRA DERFLER,OPERATIONS MANAGER appraisal: 2 is good. D&B Supplier Risk: 4 Year started: 1965 SUPPLIER EVALUATION RISK(SER) RATING FOR Employs: 85 (50 here) THIS FIRM :4 Q History: CLEAR 9 8 7 6 5 4 3 2 1 Financing: SECURED High Medium Low D&B PAYDEX: 75 When weighted by dollar amount, payments to suppliers average 8 days beyond terms. a 1410 120 days stow 30 days slow Prompt Anticipates Based on up to 24 months of trade. D&B Rating: 1R2 • Number of employees: 1R indicates 10 or more employees. Composite credit appraisal: 2 is good. The 1R and 2R ratings categories reflect company size based on the total number of employees for the business. They are assigned to business files that do not contain a current financial statement. In 1R and 2R Ratings, the 2, httpsJ/supplierportal.dnb.com/webapp/wcs/stores/serviet/SORReportDisplay?reportFormat=hardcopy&printPrampt 1/8 5/23/2017 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI 3, or 4 credit worthiness indicator is based on analysis by D&B of public filings, trade payments, business age and other important factors. 2 is the highest Composite Credit Appraisal a company not supplying D&B with current financial information can receive. For more information, see the D&B Rating Key. Below is an overview of the company's rating history since 04/18/95: D&B Rating Date Applied 1R2 10/19/04 3A1 06/10/02 3A2 12/04/01 3A1 06/27/00 3A2 06/02/99 3A1 03/23/99 3A2 06/26/98 3A1 08/01/97 3A2 07/15/95 -- 04/18/95 The Summary Analysis section reflects information in D&B's file as of May 22, 2017. SER COMMENTARY: - Higher risk industry based on inactive rate for this industry. - Proportion of past due balances to total amount owing. - Paydex. Proportion of slow payment experiences to total number of payment experiences reported. P'UUOISABLI IY til CEASED OPERATIONS/BECOMING INACTIVE SUPPLIER EVALUATION RISK RATING: 4 The probability of ceased operations/becoming inactive indicates what percent of U.S. businesses is expected to cease operations or become inactive over next 12 months. Probability of Supplier Ceased 3.7% (370 PER 10,000) Operations/Becoming Inactive : Percentage of US business with same SER score 13 (1,300 PER 10,000) Average Probability of Supplier Ceased 0.48% (48 PER 10,000) Operations/Becoming Inactive : - Average of Businesses in D&B's Supplier Database CREDIT DELINQUENCY SCORE: 418 DIVERSl1 V Minority-Owned Business: N/A Historically Underutilized Business: N/A Women-Owned Business: N/A Veteran-Owned Business: N/A Disadvantaged Business Enterprise: N/A Vietnam Veteran Business: N/A Small Disadvantaged Business: N/A Disabled-Owned Business: N/A HUB-Zoned Certified Business: N/A Historical College Classification: N/A SBA 8(a) Certified: N/A Labor surplus area: N/A Small Business: YES (2017) I CUSTOMER SERVICE If you have questions about this report, please call our Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. If you are outside the U.S. contact your local D&B office. *** Additional Decision Support Available *** haps://supplierportaLdnb.com/webapp/wcs/stores/servleUSQRReportDisplay7reportFormat=hardcopy&printPrompt 2/8 5/23/2017 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI Additional D&B products, monitoring services and specialized investigations are available to help you evaluate this company or its industry. Call Dun &Bradstreet's Customer Resource Center at 1.800.234.3867 from anywhere within the U.S. or visit our website at www.dnb.com. The following information was reported 05/06/2017: Management: PHIL PETERSON, MBR DIRK M PETERSON, MBR DREW PETERSON, MBR This is a Limited Liability Company formed in the State of FL on 6/29/1993. Ownership information provided verbally by Ace Armstrong, Offc Mgr, on Oct 31 2007. Business started 1965 by Phil Peterson. PHIL PETERSON born 1924. 1964-present active here. DIRK M PETERSON born 1962. 1983-present active here. DREW PETERSON born 1958. 1978-present active here. Affiliates: The following are related through common principals, management and/or ownership. Harley Davidson South LC (Inc), Miami, FL, started 1977. DUNS: #16-798-5480. Retails motorcycles and accessories and repairs motorcycles. Intercompany relations were reported by management to consist of occasional loans and advances and merchandise transactions. Peterson Enterprises of Dade Inc, Miami, FL, started 1965. Owns commercial real estate. Intercompany relations were reported by management to consist of occasional loans and advances and landlord/tenant relations. CORPORATE AND BUSINESS REGISTRATIONS REPORTED BY THE SECRETARY OF STATE OR OTHER OFFICIAL SOURCE AS OF AUG 02 2016: Registered Name: PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C. Business type: DOMESTIC LIMITED LIABILITY CO State of organization: FLORIDA Filing date: JUN 29 1993 Registration ID: L93000000205 Federal ID: 650418864 Status: ACTIVE Where filed: STATE DEPARTMENT/CORPORATION DIVISION, TALLAHASSEE, FL Registered agent: DIRK M PETERSON, 19400 N.W. 2ND AVENUE, MIAMI, FL, 331690000 Principals: DIRK M PETERSON, MGR, 19400 N.W. 2ND AVE., MIAMI, FL, 331690000 OPERATIONS 05/06/2017 Description: Retails motorcycles and motorcycle parts or accessories (70%). Repairs motorcycles (30%). I Has 100 account(s). Terms are cash, check or credit card and net 30 days. Sells to general public and government.Territory : Statewide. Nonseasonal. https://supplierportel.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportFc rmat=hardcopy&printPrompt 3/8 5/23/2017 D&B Supplier Qualifier Report.PETERSON'S HARLEY-DAVIDSON OF MIAMI Employees: 85 which includes partners. 50 employed here. Facilities: Occupies 30,000 sq. ft. in a one story concrete block building. Location: Suburban business section on main street. Branches: Maintains a branch location in Maimi, FL. This business is at the head of its corporate family tree. It is not a subsidiary of any other business. UNSPSC (United Nations Standard Product and Services Code) is a globally accepted commodity (Product and Services) classification system. PETERSON'S HARLEY-DAVIDSON OF MIAMI offers the following product(s) and service(s): 25101801 Motorcydes 25170000 Transportation components and systems 78180100 Vehide maintenance and repair services Beginning in 1997, the Standard Industrial Classification (SIC)was replaced by the North American Industry Classification System (NAICS).This six digit code is a major revision that not only provides for newer industries, but also reorganizes the categories on a production/process-oriented basis.This new, uniform, industry-wide classification system has been designed as the index for statistical reporting of all economic activities of the U.S., Canada, and Mexico. 441228 Motorcycle,ATV,and All Other Motor Vehide Dealers 811310 Commercial and Industrial Machinery and Equipment (except Automotive and Electronic) Repair and Maintenance • Based on information in our file, D&B has assigned this company an extended 8-digit SIC. D&B's use of 8-digit SICs enables us to be more specific to a company's operations than if we use the standard 4-digit code. 55710000 Motorcycle dealers 55719905 Motorcyde parts and accessories 76991302 Motorcyde repair service The D&B PAYDEX is a unique, dollar weighted indicator of payment performance based on up to 32 payment experiences as reported to D&B by trade references. 3-Month D&B PAYDEX: 75 DEB PAYDEX: 75 When weighted by dollar amount, payments to When weighted by dollar amount, payments to suppliers average 8 days beyond terms. suppliers average 8 days beyond terms. o too 0 100 120 days slow .30 days slow Prompt Anticipates 120 days slow 30 days slow Prompt Anticipates Based on trade collected over last 3 months. Based on up to 24 months of trade. When dollar amounts are not considered,then approximately 83% of the company's payments are within terms. The Payment Summary section reflects payment information in D&B's file as of the date of this report. httpsJ/supplierportal.dnb.com/webapp/wcs/stores/servlet/SQRReportDisplay?reportFormat=hardcopy&printPrompt 4/8 5/23/2017 D&B Supplier Qualifier Report:PETERSON'S HARLEY-DAVIDSON OF MIAMI Below is an overview of the company's dollar-weighted payments, segmented by its suppliers' primary industries: Total Total Dollar Largest High Within Days Slow Rcv'd Amts Credit Terms <31 31-60 61-90 90> (#) (5) (5) (%) (%) Top industries: Misc business credit 5 3,600 0 24 7 - - 69 Misc business service 4 6,250 2,500 96 2 2 - - Short-trm busn credit 3 8,600 7,500 99 1 - - - State commercial bank 3 1,050 500 76 24 - - - Electric services 2 10,000 7,500 100 - - - Mfg men's footwear 1 7,500 7,500 100 - - - - Whol jewelry 1 2,500 2,500 100 - - - - Public finance 1 1,000 1,000 100 - - - - Whol auto parts 1 500 500 100 - - - - Reg misc coml sector 1 250 250 100 - - - - OTHER INDUSTRIES 3 150 50 100 - - - - Other payment categories: Cash experiences 7 1,400 1,000 Payment record unknown 0 0 0 Unfavorable comments 0 0 0 Placed for collections: With D&B 0 0 Other 0 N/A \Total in D&B's file 32 42,800 7,500 The highest Now Owes on file is $5,000 The highest Past Due on file is $2,500 D&B receives over 600 million payment experiences each year. We enter these new and updated experiences into D&B Reports as this information is received. i , Pii ri 7Aii Detailed payment history Date Reported Paying Record High Credit Now Owes Past Due Selling Terms Last Sale (mm/yy) (5) (5) (5) Within (months) 04/17 Ppt 100 0 1 mo Ppt 750 0 Imo Ppt 0 0 6-12 mos Ppt 7,500 250 0 1 mo Ppt 7,500 0 0 1 mo Ppt 7,500 5,000 1 mo Ppt 2,500 2,500 1 mo Ppt 2,500 2,500 0 1 mo Ppt 2,500 2,500 0 1 mo Ppt 2,500 2,500 0 1 mo Mtps://supplierportal.dnb.com/webapp/wcs/stares/servleUSQRReportDisplay?reportForm at=hardcopy&printPrompt 5/8 5/23/2017 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI Ppt 1,000 1,000 0 1 mo Ppt 1,000 0 0 1 mo Ppt 500 500 0 1 mo Ppt 50 50 0 N30 1 mo Ppt-Slow 30 100 100 0 1 mo Slow 30-60 250 0 0 6-12 mos Slow 210 2,500 2,500 (018) 1,000 Cash account 1 mo (019) 50 Cash account 1 mo (020) 0 0 0 Cash account 6-12 mos 03/17 Ppt 50 0 0 1 mo 01/17 Slow 30 250 250 10/16 (023) 250 1 mo .... ....Satisfactory. (024) 100 Cash account 1 mo (025) 100 Cash account 1 mo 06/16 (026) 100 Cash account 1 mo (027) 50 Cash account 1 mo 05/16 Ppt 50 0 0 N30 6-12 mos 02/16 Ppt 500 500 0 1 mo Ppt-Slow 30 500 0 0 2-3 mos 10/15 Ppt 50 0 0 6-12 mos 07/15 Ppt 1,000 1 mo Payment experiences reflect how bills are met in relation to the terms granted. In some instances payment beyond terms can be the result of disputes over merchandise, skipped invoices etc. Each experience shown is from a separate supplier. Updated trade experiences replace those previously reported. i i Ii _ . :Jir-. SUPPLIER VERSUS INDUSTRY PAYDEX -> PRIOR 4 QTRS CURRENT 12 MONTH TREND 2015 --- --- 2016 --- --- --- --- --- --- --- 2017 --- --- --- --- JUN SEP DEC MAR JUN JUL AUG SEP OCT NOV DEC JAN FEB. MAR APR . MAY Supplier 75 74 77 76 76 76 76 76 76 75 75 74 75 75 74 75 PAYDEX Industry PAYDEX(Based on 37 establishments in SIC 5571) UP QRT 80 80 80 80 80 80 80 80 MEDIAN 79 79 79 79 79 79 79 79 LO QRT 69 70 70 70 70 70 69 69 PAYDEX scores are updated daily and are based on upto 13 months of trade experiences from the Dun&Bradstreet trade file. All amounts displayed within this report are in local currency. 05/06/2017 The name and address of this business have been confirmed by D&B using available sources. https://suppiierportal.dnb.can/webappiwcs/stores/serviet/SQRReportDisplay?reportFormat=hardcopy&printPranpt 6/8 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI The following Public Filing data is for information purposes only and is not the official record. Certified copies can only be obtained from the official source. Collateral: Inventory including proceeds and products - Inventory including proceeds and products -Account(s) including proceeds and products - Account(s) including proceeds and products - and OTHERS Type: Original Sec. party: BANK OF AMERICA, N.A., JACKSONVILLE, FL Debtor: PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.C. and OTHERS Filing number: 200705668426 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 05/30/2007 Latest Info Received: 07/27/2007 Type: Continuation Sec. party: HARLEY-DAVIDSON CREDIT CORP., PLANO, TX Debtor. PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.C. Filing number: 200604323326 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 12/11/2006 Latest Info Received: 12/15/2006 Original UCC tiled date: 04/22/2002 Original filing no.: 200200941567 Type: Amendment Sec.party: HARLEY-DAVIDSON CREDIT CORP., PLANO, TX Debtor: PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.C. Filing number: 200809486944 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 11/05/2008 Latest Info Received: 11/18/2008 Original UCC filed date: 04/22/2002 Original filing no.: 200200941567 Type: Continuation Sec. party: HARLEY-DAVIDSON CREDIT CORP. PLANO,TX Debtor: PETERSON'S HARLEY-DAVIDSON O,F MIAMI, L.L.C. Filing number. 201205960889 Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date filed: 01/06/2012 Latest Info Received: 01/11/2012 Original UCC filed date: 04/22/2002 Original filing no.: 200200941567 Type: Continuation Sec. party: HARLEY-DAVIDSON CREDIT CORP., PLANO, TX Debtor. PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C. Filing number: 20170029183X Filed with: SECRETARY OF STATE/UCC DIVISION,TALLAHASSEE, FL Date flied: 02/14/2017 Latest Info Received: 02/16/2017 Original UCC filed date: 04/22/2002 Original filing no.: 200200941567 There are additional UCC's in D&B's file on this company available by contacting 1-800-234-3867. )The public record items contained in this report may have been paid,terminated, vacated or released prior to the date this report was printed. 1 .1p14 k 411Y haps://supplierportal.dnb.courtwebapp/wcs/stores/servlet/SQRReportDisplay?reportFormat=hardcopy&printPrornpt 7/8 5/23/2017 D&B Supplier Qualifier Report PETERSON'S HARLEY-DAVIDSON OF MIAMI Activity summary Congressional District: 27 The details provided in the Government Activity section are as reported to Dun &Bradstreet by the federal —,,,,government and other sources. Copyright 2017 Dun &Bradstreet- Provided under contract for the exclusive use of subscriber 100150009 https://suppliorportal.dnb.can/webapp/wcs/stores/servleUSQRReporlDisplay?repor Format=tardcopy&printPrompt 8/8 REFERENCES City of Doral Police Department Lilianne Delgado Assistant to the Chief of the Police 8401 NW 53`d Terrace, Suite 100 Miami, FL 33166 (305) 593-6699 Email: li lianne.delf4ado'ii'doralpd.com Peterson's Harley-Davidson of Miami provides lease fleet motor units to the City of Doral Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with a dedicated police fleet Service Supervisor. We also provide a pool of universal spares available for use during motor unit servicing. City of Miramar Police Department Natalie Richmond Procurement Analyst 2200 Civic Center Place Miramar, FL 33025 (954) 602-3196 Email: narichmondfamiramarfl.gov Peterson's Harley-Davidson of Miami provides lease fleet motor units to the City of Doral Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with a dedicated police fleet Service Supervisor. We also provide a pool of universal spares available for use during motor unit servicing. City of Coral Gables Police Department Steve Riley Auto Director 405 Biltmore Way Coral Gables, FL 33134 (305) 733-0220 Email: srilevru>,coraigables.corn Peterson's Harley-Davidson of Miami provides lease fleet motor units to the City of Doral Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with a dedicated police fleet Service Supervisor. We also provide a pool of universal spares available for use during motor unit servicing. VENDOR CAMPAIGN CONTRIBUTIONS STATEMENT Petersons' Harley-Davidson of Miami is familiar with the City's Campaign Finance Reform laws as codified in Sections 2-487 through 2-490 of the City Code. Peterson's Harley-Davidson of Miami has not contributed to the campaign either directly or indirectly of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. CODE OF BUSINESS ETHICS STATEMENT Peterson's Harley-Davidson of Miami will adopt, as required in the ordinance, the City of Miami Beach Code of Ethics, available on the city's website at www.miamibeachIl.gov/procurementl. Submittal Requirements (from Appendix C) Minimum Requirements APPENDIX C CA. MAMI BEAC Minimum Requirements & Specifications ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 25 Cl.Minimum Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit detailed verifiable information affirmatively documenting compliance with each minimum requirement. Proposers that fail to comply with minimum requirements will be deemed non-responsive and will not be considered. 1. Authorized Dealer. Bidder must be authorized by Harley Davidson as a dealer and service provider for the make and model specified herein. SUBMITTAL REQUIREMENT: Submit written proof from Harley Davidson that bidder is authorized to sell the specific make and model specified herein. 2. Previous Experience. Bidders shall submit at least three(3) references exemplifying their experience in providing public safety organizations with sale and service of Harley Davidson FLHTP motorcycles. References must include engagements completed or in progress within the last five(5)years. SUBMITTAL REQUIREMENT: For each client reference submitted, the following information is required: 1) Agency Name, 2) Contact Individual Name & Title, 3) Address, 4) Telephone, 5) Contact's Email, 6) Narrative on Scope of Services provided and time, 7) Date(s) of Engagement. 3. Location of Repair Facility. Bidder shall own and operate a service (maintenance and repair)facility for Harley Davidson FLHTP motorcycles within a 50 mile radius of the Miami Beach Policy Department.The service facility shall be approved/authorized by Harley Davidson. SUBMITTAL REQUIREMENT: Submit the location of the applicable service facility AND proof that the facility is approvedlauthorized by Harley Davidson. C2.Statement of Work. 1. The City of Miami Beach intends to Lease approximately nineteen (19) Police Type Two-Wheel Motorcycles. No previously titled motorcycles(demonstrators etc.) will be accepted. All motorcycles shall be delivered with all new parts and components to indude below listed equipment. The quantities shown are estimated as year one's requirement. The City reserves the right to increase or decrease the total quantities.*'Proposer may 400+ lta parts, te�`refut lledor>! ,e'"r + g Iwo)* N�+7p`. to satisfy the parts,components,,artd equipment:*t rer ents,' dhas b t _ .;';',"=-*,.. 2. Prices offered shall include all taxes, fees, financing, standard and supplemental equipment_options, warranty parts, labor and services for the full 24 month term of lease. All lease programs will include full maintenance using Original Equipment Manufacturers (OEM) parts not limited to but including all factory recommended service intervals along with tires and brakes. One replacement clutch will be covered with the exception of those consumed during training periods. The City of Miami Beach will receive priority service with minimal downtime.00rrie °fu ind t ii on Y' 3. Maintenance and repair of the equipment shall be the responsibility of the lessor except repairs necessary due to an accident or negligence on the part of the City: Preventative and routine maintenance is to be completed in accordance with Manufacturers recommendations and warranty guidelines. The.City will make the equipment available for preventative and routine maintenance in accord with pre-arranged schedule. These appointments shall be made considering vendor workloads and officer availability in order to minimize downtime. Lessor is required to notify the rider of any failure to complete work within the allotted time frame ITB 2017-130-AK 26 Repairs outside of routine maintenance, over$100.00 and not covered under warranty must be submitted for approval, to the City of Miami Beach Police Department Motor Unit Commander or their designee prior to any work being done. 4. Since police motorcycles are unique in certain parts from other similar models, it will be the responsibility of the lessor to have sufficient OEM police motorcycle parts in stock. Such parts to include, but not limited to, fenders,gas tanks,fairing and windshields,and replacement emergency lights(if applicable). In the unlikely event a motorcycle is totaled as a result of accident, the City's Risk Management Department will expect any subrogated value to be returned to the City as a part of the final settlement. 5. The motorcycle(s) shall be carefully inspected by the vendor to make sure that it is complete in detail and all components and accessories are in accordance with these specifications. All equipment set out in the manufacturer's literature as standard equipment shall be furnished. Omission of detail from these specifications does not relieve the vendor from furnishing a complete unit. It will be the responsibility of the successful bidder to pick up any unit(s) found unacceptable. After notification, the successful bidder will have five (5) working days to respond and make the necessary arrangement to pick up unit(s), and to redeliver same in five (5) working days after date of pick up. Units not in compliance with bid specifications are not eligible for, or considered delivered until corrections have been accomplished and in compliance. Vendor will be held responsible for any defect in material and workmanship,which are of such a nature that they could not be detected by inspection or road test. 6. The City will assume responsibility for the costs associated with Tag/Title and Registration fees. The Vendor will provide a separate invoice to the City outlining each Vehicle Identification Number on the invoice. C3.Minimum Specifications. All units shall be Harley Davidson, FLHTP, Electra Glide Police Motorcycle, model year 2017 or newer. The bid price of each motorcycle shall include the following items and safety equipment: Universal Helmet Lock • 53848-00 Tour Pack Lock,Keyed To Lock(Harley Davidson or equal) • 90200561 Saddle Bag Guardrails(Harley Davidson or equal) • 80721-09 Muffler Splash Down Kit(Harley Davidson or equal) Lighting Equipment:(or equal): • MO6MJ FLHT Windshield Light Array • 68-1183582-3SA 700 Series Back of Bags Clear Optical Lens • 69200597 Siren Amp Mounting Kit(Harley Davidson or equal) • 68000123A Kit Light,Aux, Run/Brake/Turn (Harley Davidson or equal) • 68559-07 Lens,Turn Signal, Red(Harley Davidson or equal) Hourly Rate and Part Discount. The hourly rate quoted shall include full compensation for labor, equipment use, travel time, and any other cost to the bidder for repairs not covered under Warranty. This rate is assumed to be at straight-time for all labor, except as otherwise noted. Hourly labor rates are specified as follows: ITB 2017-130-AK 27 Hourly Labor Rate I—hourly rate for straight time repairs, i.e. from 8:00 a.m. to 5:00 p.m. Monday—Friday(rate is to include labor and travel,parts are not included). Hourly Labor Rate II—hourly rate for overtime repairs, i.e. before 8:00 a.m. or after 5:00 p.m. or on weekends or holidays(rate to include labor and travel,parts are not included). Parts Discount—Discount from manufacturer's published price list. ITB 2017-13OAK 28 (0694) HARLEY-DAVIDSON MOTOR COMPANY MOTORCYCLE DEALER CONTRACT CONTRACT, made at Milwaukee, Wisconsin,between Harley-Davidson Motor Company, Inc.; d/b/a Harley-Davidson Motor Company, a Wisconsin corporation,of 3700 W. Juneau Avenue, Milwaukee, Wisconsin 53208 (referred to in this Contract as "Seller"), and Peterson's Harley-Davidson of Miami,L.L.C. a(n) Florida Limited Liability Company (LLC) d/b/a Peterson's Harley-Davidson of Miami (referred to in this Contract as the "Dealer"); 65-0418864 (if corporation,partnership,or LLC,Federal EIN) with its place of business at: 19400 NW Second Avenue Miami, FL 33169-3315 (described more fully in this Contract in paragraph 5 as the "Dealer Location"). In consideration of the mutual agreements hereinafter made in this Contract, the parties hereto agree as follows: 1. GRANT OF RIGHTS. Seller hereby grants to Dealer, and Dealer hereby accepts from Seller, the following rights: A. To purchase and resell at retail, primarily to persons residing or doing business in the Territory to be assigned by Seller, the motorcycles, parts, accessories, clothing, and other items (collectively referred to in this Contract as the "Harley-Davidson Products") identified in the Products Addendum to the Harley-Davidson Motor Company Motorcycle Dealer Contract as amended from time-to-time (referred to in this Contract as the "Products Addendum"); B. To identify itself as an authorized Harley-Davidson motorcycle dealer utilizing approved signage at the Dealer Location approved under this Contract; and C. To use the name Harley-Davidson and certain other trademarks and service marks of Seller and Seller's affiliate which are licensed by Seller in the advertising,promotion, sale and servicing of Harley-Davidson Products in the manner provided in this Contract and from the Dealer Location. D. Each of the foregoing rights granted to Dealer shall be non-exclusive. 2. GENERAL CONDITIONS.The Harley-Davidson Motor Company General Conditions of Sales and Service (January 2015) (referred to in this Contract as the "General Conditions"), a copy of which has been provided to Dealer and has been read and agreed to by Seller and Dealer, and any duly executed and delivered supplement or amendment thereto are hereby expressly made a part of this Contract and incorporated herein. Unless the context otherwise requires, any term defined in any part of this Contract shall have the same meaning in all parts of this Contract. 3. EXECUTION.This Contract shall bind Seller only when it bears the signature (a scanned or a facsimile copy) of one of Seller's Vice Presidents or Directors and a duplicate copy thereof is delivered personally or by mail, facsimile, or electronic mail to Dealer or to Dealer's place of business. 4. MANAGEMENT AND OWNERSHIP. This Contract has been entered into by Seller with Dealer in reliance upon Dealer's representation and agreement that: A. The following person(s), and only the following person(s), shall be the owner(s) of Dealer and Dealer's authorized Harley-Davidson dealership (referred to in this Contract as the "Owner(s)") and shall have ownership and control of Dealer in the percentage interests identified below (referred to in this Contract as the "Ownership"): Entity Level Legal Name Type Ownership % 1 !Peterson's Harley-Davidson of Miami,L.L.C.(Dealership) I A (Drew A. Peterson(Member) E Individual 33.33 1B !Dirk M.Peterson(Manager) ; Individual 33.34 1C (Peterson Enterprises of Dade,Inc. (Member) Corporation 33.32611 1C Peterson Enterprises of Dade,Inc.(Member) 11C1 1 Charlotte J.Peterson Individual 49.00 11C2 1Philip S.Peterson Individual 51.01 Ownership and Control Summary Peterson's Harley-Davidson of Miami,L.L.C. Dealership Dealership Owner % Control % Drew A.Peterson 33.33 0.00 Dirk M.Peterson 33.34 100.00 Charlotte A.Peterson 16.3301 0.00 Philip S.Peterson 17.00 0.00 Total 100.00 100.00 B. The Dealer Operator identified below, and no other person(s), shall have full authority to direct and manage the operations of Dealer's authorized Harley-Davidson dealership and shall be ultimately responsible for the dealership's performance under this Contract. Additionally, the Dealer Operator shall be onsite and actively involved in the management and operations of the dealership, unless the Dealer Operator has partnered with an Onsite Owner(identified below) who fulfills those obligations. The Onsite Owner must have the requisite authority to make day- to-day decisions on behalf of the dealership. C. The Dealer Operator shall be an Owner approved by Seller. No changes, directly or indirectly, intentionally or otherwise, may be made to the Dealer Operator or to the Ownership approved in this Contract without first complying with the requirements of this Contract for such changes and any applicable policies. D. The Dealer Operator, Onsite Owner, if applicable, and Owner(s) identified in this Contract must possess and will maintain the personal qualifications, experience, skill and commitment necessary to ensure that Dealer will perform its obligations under this Contract in the most effective manner. E. The Dealer Operator shall be Dirk M. Peterson. 5. APPROVED DEALER LOCATION. In order that Seller may establish and maintain an effective network of authorized Harley-Davidson dealers, Dealer agrees that it shall conduct all of its operations under this Contract only in and from the facility(ies) at the location designated in this Contract and approved in advance by Seller. Dealer and the Dealer Operator and Owner(s) approved under this Contract therefore shall not, either directly or indirectly, relocate to or establish any place of business for the temporary or permanent sale or service of new or used Harley-Davidson Products or the conduct of any other responsibilities under this Contract at any other location, without the express prior written consent of Seller. Seller has no obligation to approve any request from Dealer to establish or operate any additional location, including but not limited to an Alternate Retail Outlet(ARO) or a Secondary Retail Location (SRL). Seller hereby designates and approves only the following location for the sale and servicing of Harley- Davidson Products and the display of Harley-Davidson Trademarks: 19400 NW Second Avenue Miami, FL 33169-3315 (referred to in this Contract as the "Dealer Location"). 6. SPECIAL MARKET RIGHTS. Seller agrees it may not, during the period from the date of the execution of this Contract until August 1, 2019, authorize the establishment of any additional Harley-Davidson motorcycle dealerships (which does not include any pre-existing Harley- Davidson dealer points, the relocation of any existing Harley-Davidson dealership to a facility more than five miles from the Dealer Location, any alternate retail outlets or secondary retail locations located within any dealer's territory if approved by Seller, or any temporary facilities approved by Seller in connection with any motorcycle event or special event), for the sale and service of Harley-Davidson Products within a radius of ten (10) miles from the Dealer Location (referred to in this Contract as "Special Market Rights"); provided that Dealer meets or exceeds the special market rights performance criteria established in good faith by Seller from time-to- time hereunder (referred to in this Contract as the "Special Market Rights Performance Criteria"), in consultation with Seller's National Dealer Advisory Council; and provided further that Dealer is not in breach of any terms and conditions of this Contract. Prior to Dealer's execution of this Contract, Seller will notify Dealer in writing of the current Special Market Rights Performance Criteria established by Seller and inform Dealer whether Dealer meets or exceeds the current Special Market Rights Performance Criteria for purposes of this paragraph. Dealer's Special Market Rights only limit the location at which an additional Harley-Davidson motorcycle dealership may be established and are not in any way related to, and have no impact upon, Dealer's Territory, which remains non-exclusive and subject to change by Harley- Davidson from time-to-time. 7. ADDITIONAL PROVISIONS. In consideration of Seller's agreement to appoint Dealer as an authorized Harley-Davidson dealer, Dealer further agrees as follows: NONE 8. TERM. This Contract shall expire on December 31, 2019, unless sooner terminated as provided in the General Conditions. IN WITNESS WHEREOF the parties hereto have duly executed this Contract in duplicate as of the day and year written below. DEALER: PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C. 7 By; Dirk M. Peterson Manager Dealer Operator Accepted by SELLER at Milwaukee,Wisconsin: HARLEY-DAVIDSON MOTOR COMPANY,INC. DBA HARLEY-DAVIDSON MOTOR COMPANY By: Christian Walters Managing Director, United States Executed as of the day of ,2014. PREVIOUS EXPERIENCE City of Doral Police Department Lilianne Delgado, Assistant to the Chief of the Police 8401 NW 53r1 Terrace, Suite 100, Miami, FL 33166 Phone: (305) 593-6699,Email: lilianne.deliado(Wdoralpd.com Peterson's Harley-Davidson of Miami provides 12 lease fleet motor units to the City of Doral Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with 1 police fleet Supervisor in the Service Department. We also provide a pool of universal spares available for use during motor unit servicing. According to our records,we have been recurrently leasing to the City of Doral since May 2008. City of Miramar Police Department Natalie Richmond, Procurement Analyst 2200 Civic Center Place, Miramar, FL 33025 Phone: (954)602-3196, Email: narichmondt'a'mi amarll.gov Peterson's Harley-Davidson of Miami provides 10 lease fleet motor units to the City of Miramar Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with 1 police fleet Supervisor in the Service Department. We also provide 1 dedicated spare and a pool of universal spares available for use during motor unit servicing. According to our records,we have been recurrently leasing to the City of Miramar,as far back as our records indicate, since 2005. City of Coral Gables Police Department Steve Riley,Auto Director 405 Biltmore Way, Coral Gables,FL 33134 Phone: (305) 733-0220, Email: srilev c'coialgables.com Peterson's Harley-Davidson of Miami provides 11 lease fleet motor units to the City of Coral Gables Police Department. We have 9 factory-trained Service Technicians on staff available for repairs and maintenance of leased police bikes. There are 3 Service Writers available 6 days per week with 1 police fleet Supervisor in the Service Department. We also provide 1 dedicated spare and a pool of universal spares available for use during motor unit servicing. According to our records, we have been recurrently leasing to the City of Coral Gables since April 2007. LICENSE CERTIFICATE STATE OF FLORIDA } DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES DIVISION OF MOTORIST SERVICES PETERSON'S HARLEY DAVIDSON OF MIAMI, LLC 19400 NW 2ND AVE MIAMI, FL 33169 LICENSE NUMBER License VF/1002228/1 PRIMARY LOT FOR A DEALER IN FRANCHISED MOTOR VEHICLES V ! EFFECTIVE DATE EXPIRATION DATE V O i 0 1j 11/18/2016 12/31/2018 1 D I D THIS CERTIFIES, THAT 1 Fl PETERSON'S HARLEY DAVIDSON OF MIAMI, LLC A ! A L T T ' EI E i E Dj D i AT 19400 NW 2ND AVE MIAMI, FL 33169 IS HEREBY LICENSED UNDER THE PROVISIONS OF SECTION 320.27, FLORIDA STATUTES TO CONDUCT AND CARRY ON BUSINESS AS A DEALER IN FRANCHISED MOTOR VEHICLES AT THE ABOVE DESCRIBED LOCATION GIVEN UNDER MY HAND AND SEAL THE ABOVE DATE WRITTEN. krirl, BUREAU CHIEF .7 >` j 4' DIRECTOR y 1t ( on we I HSMV 84103 (REV. 2/11)S STATE OF FLORIDA Florida Department of Agriculture and Consumer Services cf.. ��, Division of Consumer Services 2005 Apalachee Pkwy -` +r,`;; Tallahassee,Florida 32399-6500 • ^ 'YStJ4EA 56;" April 25,2017 PETERSON'S HARLEY-DAVIDSON OF MIAMI,LLC 19400 NW 2ND AVE MIAMI,FL 33169-3315 SUBJECT: Motor Vehicle Repair Shop Registration MV36896 Your application for registration as a motor vehicle repair shop as required by section 559.904, Florida Statutes,has been received and processed. Your registration certificate appears below. This registration certificate will expire May 1,2019. Your registration number is required by law to be placed on your invoice forms. The registration number is also required to be included in advertisements which are placed in a newspaper,magazine or directory. If you have any questions, please do not hesitate to call the Division of Consumer Services, Bureau of Compliance, at 800-435-7352 or 850-410-3800. Cut Here State of Florida Department of Agriculture and Consumer Services Registration No.: MV36896 Division of Consumer ServicesIssue Date: April 24,2017 2005 Apalachee Pkwy w Y Expirution Date: May !,7019 :oma t? Tallahassee,Florida 32399-6500 ec, POST CERTIFICATE Motor Vehicle Repair CONSPICUOUSLY Registration Certificate Chapter 559,Florida Statutes GOOD ONLY FOR THE LOCATION LISTED BELOW PETERSON'S HARLEY-DAVIDSON OF MIAMI,LLC "j9 19400 NW 2ND AVE MIAMI,FL 33169-3315 ADAM H.PUTNAM COMMISSIONER OF AGRICULTURE OWNED BY: PETERSON'S HARLEY-DAVIDSON OF MIAMI,L.L.C. This is to certify that the Motor Vehicle Repair Shop whose name and address are shown above has registered and paid the prescribed fee(based on the declared number of mechanics,technicians,and helpers)as required by s.559.904 F.S.and is authorized to perform Motor Vehicle Repairs at the location shown above. ,, MIAMI•E DE COUNTY - Miami-Dade County, Florida Department of Regulatory and Economic Resources Business Affairs Motor Vehicle Repair Registration - This business is authorized to offer the following repairs: Motorcycle Repair 00433.MVR r Expiration: 06/29/2017 PETERSON'S HARLEY-DAVIDSON OF MIAMI ! 1f _ (t ( 19400 NW 2nd Ave T _ `^ Miami, FL 33169 JJBusiness Affairs Miami-Dade County This registration is non-transferable_ The registration/license#must be stated in all advertisements. Pre.'•tx4#: :1044 i Mv�t m 9s OFA #4, ,[ , . w ..- q$."s .b ger• ;} APPENDIX D CA MAMI BE CH Special Conditions ITB N o. 2017-008-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 29 1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) will have an initial term of two(2)years 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for AN ADDITIONAL two (2) year term, provided the bidder will maintain the same prices, terms and conditions. In the event the City exercises its option to renew beyond the initial two(2)year contract, the successful bidder must agree to replace the existing Fleet with the latest models. In the event that the contract is held over beyond the term herein provided it shall only be from a month-to-month basis and shall not constitute an implied renewal of the contract. Said month to month extension shall be upon the same terms of the contract and at the compensation and payment provided herein,and shall not exceed six(6)months**Renewawurexrensions°mustbtdg ruponbyProposer/.essor 72-A—R 3. PRICES SHALL BE FIXED AND FIRM. All prices quoted in the awardee's bid submittal shall remain firm and fixed,unless amended in writing by the City. 4. EXAMINATION OF FACILITIES. The contractor must be able to offer a maintenance/repair facility within forty(40)miles of the City of Miami Beach. 5. SHIPPING TERMS. Prices shall include freight to City's premises, and shall be F.O.B. Destination. Vendor shall hold title to the goods until such time as they are delivered, installed and accepted by an authorized City representative. 6. DELIVERY AND ACCEPTANCE. The police motorcycles identified in this solicitation shall be ready for immediate delivery within sixty (60) calendar days of the Notice of Award. No factory ordered police motorcycles will be accepted unless this delivery schedule can be met. Bidder shall state in space provided on proposal pages the time required for delivery after receipt of the purchase order. Contractor shall notify agency personnel designated on purchase order no less than 24 hours prior to delivery. Deliveries will be accepted only between 8:00 a.m. and 3:30 p.m. on agency's normal workdays. Transport deliveries must be unloaded and ready for inspection prior to 3:30 p.m. Deliveries not complying with these requirements may be rejected and will have to be re-delivered at contractor's expense. Delivery of a/the police motorcycles to the City of Miami Beach does not constitute acceptance for the purpose of payment. Final acceptance and authorization of payment shall be given only after a thorough inspection indicates that the police motorcycle(s) meets contract specifications and conditions. The unit(s) will be inspected and accepted by the Fleet Management Director, or designated representative, as indicated on the purchase order. Unit(s) must be in conformance with the specifications and that the engineering materials and workmanship exhibit a level of quality and appearance consistent with or exceeding industry standards. 7. WARRANTY REQUIREMENTS. Motorcycles shall have a full factory warranty. Dealer will provide a complete and detailed copy of warranty. 8. WARRANTY REQUIREMENTS SHALL BE AT MINIMUM TWENTY FOUR (24) MONTHS FROM ff B 2017-130-AK 30 ACCEPTANCE OF PRODUCT. A. Type of Warranty Coverage Required In addition to all other warranties that may be supplied by the bidder, the bidder shall warrant its products and/or service against faulty labor and/or defective material, for a minimum period of twenty four (24) months after the date of acceptance of the labor, materials and/or equipment by the City. This warranty requirement shall remain in force for the full twenty four(24) month period;regardless of whether the bidder is under contract with the City at the time of defect. Any payment by the City on behalf of the goods or services received from the bidder does not constitute a waiver of these warranty provisions. B. Correcting Defects Covered Under Warranty The bidder shall be responsible for promptly correcting any deficiency, at no cost to the City, within Five(5)calendar days after the City notifies the bidder of such deficiency in writing. If the bidder fails to honor the warranty and/or fails to correct or replace the defective work or items within the period specified, the City may, at its discretion, notify the bidder, in writing, that the bidder may be debarred as a City bidder and/or subject to contractual default if the corrections or replacements are not completed to the satisfaction of the City within five (5) calendar days of receipt of the notice. If the bidder fails to satisfy the warranty within the period specified in the notice, the City may(a) place the bidder in default of its contract, and/or(b) procure the products or services from another vendor and charge the bidder for any additional costs that are incurred by the City for this work or items; either through a credit memorandum or through invoicing. 9. ADDITIONAL QUANTITY OF ITEMS OR UNITS. Although this solicitation and resultant contract states a specific or an estimated number of items or units to be leased by the City, it is understood and agreed that the City may lease as many additional items or units from the vendor; provided that these additional items or units represent the same manufacturer, model or brand, and unit price stipulated within the contract. 10. DEMONSTRATION OF EQUIPMENT MAY BE REQUIRED DURING EVALUATION. After receipt of offers by the City, the vendors may be required to demonstrate their specifically offered equipment to cognizant City personnel, at no separate cost. The purpose of this demonstration is to observe the equipment in an operational environment and to verify its capability, suitability, and adaptability in conjunction with the performance requirements stipulated in this solicitation. If a demonstration is required, the City will notify the vendor of such in writing and will specify the date,time and location of the demonstration. If the vendor fails to perform the demonstration on the specified date stipulated in the notice, the City may elect to reject that vendor's offer, or to re-schedule the demonstration, whichever action is determined to be in the best interests of the City. The City shall be the sole judge of the acceptability of the equipment in conformance with the specifications and its decision shall be final. The equipment used for the demonstration shall be the same as the manufacturer's model identified in the vendor's offer. Accordingly, the equipment used in the demonstration shall create an express warranty that the actual equipment to be provided by the vendor during the contract period shall ITB 2017-130-AK 31 conform to the equipment used in the demonstration. The vendor shall be required to provide adequate restitution to the City, in the manner prescribed by the City, if this warranty is violated during the term of the contract. 11. EQUIPMENT SHALL BE MOST RECENT MODEL AVAILABLE. The equipment being offered by the vendor shall be the most recent model available. Any optional components which are required in accordance with the contract specifications shall be considered standard equipment for purposes of this solicitation. Demonstrator models will not be accepted. Omission of any essential detail from these specifications does not relieve the vendor from furnishing a complete unit. The unit shall conform to all applicable OSHA, State, and Federal safety requirements. All components (whether primary or ancillary) of the delivered equipment are to be in accordance with current SAE standards and recommended practices. The engineering, materials, and workmanship associated with effort performed hereunder shall exhibit a high level of quality and appearance consistent with or exceeding industry standards. 12. PURCHASE/ LEASE OF OTHER ITEMS NOT LISTED WITHIN THIS SOLICITATION BASED ON PRICE QUOTES. While the City has listed all major items and services within this solicitation which are utilized by City departments in conjunction with their operations, there may be similar items/services that must be purchased/ leased by the City during the term of this contract. Under these circumstances, a City representative will contact the primary vendor to obtain a price quote for the similar items. The City reserves the right to award these similar items to the primary contract vendor, another contract vendor based on the lowest price quoted, or to acquire the items through a separate solicitation. 13. MIAMI-DADE/STATE CONTRACTS. The City reserves the right to purchase supplies such as the ones specified in this contract from Miami Dade County or State Contract Vendors should it be determined that it is in the City's best interest. ITB 2017-130-AK 32 • 2017 HARLEY-DAVIDSON® LIMITED MOTORCYCLE WARRANTY Haney-Ondson a.ryn1s ay mw201THdy-0apm mectec.a.t an Aminal MNrY-Daabn Maier.room or unlace without charge am parts mum Pa.and tailor for normal mtNewrNesiaoonawtleinitn wMh.wW.nTe raOYMnM!Of pads Aa:brV�nN lair and maiWWn9.but mlYmild under o ee O.leti..n..,mai..or...Me Ss.5..ormemnta.m.pans.oe Harter-Damilwnv:ae ooagabe w your m.6.lupowng:bs.bblcation.wmONHa dr.pe_irr ayalermrdviq.papery mlrawx..engine tS.yp.NandWs.bn<e.d�mn.chawvbeX edls4nmamM s5aao mua.er.r.dr vver6n Yn..a.sm.ey Ths M..e.eau..acpaloe ADm ours... oda. am coon roplaarrrm 2 Cosmetic concerns Mar areas a=Lao(amnadae.maapea.n.aerence emaonrnete con..(swept concede tat result hamoeme9 n factory Np pens.EDEWER H*NyOa.tamomn.may away.mma.ae Pay padaus mr l raw.*or wn5PaS ..A.1 We comer)by es Pomlea wrrarl(y forum dwaoon of Me NMC.warranty pond) NacorW.n aaa9Nraey.Numreapor.MtopmoerNnavy,.faw9.asaN.gmWarmaacYYtvai.rGm Tour Ower MnwS HarlbY'Davidnn 3 Any mnatn coniabon awl. Re tm 0f Woad..Mal hos not Non oo.ne ee by Me adljam1-0 Mo.man dee.few to rami SN..N r.ar5.nt 6m you mrr5w.copes afan.m+a..Y mos..n octan Dana la.e tome wb.A caused Mawawrnwaaa of Haney-DMmon's factory smack.5.n of caused by aueramn of use of pads 0t aessones THERE ISMO OTHER EXPRESS WARRANTY(OTHER TWIN THE SEPARATE EMl64ONS.ND*SEM®RADIO SORTED WARRANTIES)ON THE MOTORCYCLE not agNweo for Ce mere and nn5ef Two of spa fwd.. Ay mdse warranty of m.renae.aay a Ana to pabNr e>a5w s Sad S r.loam a ae maw seemly.or m Yoe alarm sol forth n your Wu's 5 Damage cased by insolation 5 use a mMWYy-0auienn 55mponen.even Moa palatal by an aulbrinU Hashey-Davirlson haerssho.pal cause wemr.y sAbw,*mwaverd$S4Sd Any Waded warranty anee bolomrdr*anR.npad.anb.oN.sae.m0R!5yd. Hyryy-Daulsan pad to rW Examples mMe.4W»of limier pemrmerwhentent.powlean 01010/555 or software.saran.swam..ENS Nmiles. TB woil wow.of Ntwes to a parks.purpose les lit a144if eWipoOfa nd^p non-mewed Mee.4onenng 5.5Nlakbas.al sedum WM..to the ACE.MeCwta WM. 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W..rase.May may.be aYaiae to you 2 Any unexpired option of In Ara.s.nraN'edbe M.kmd 0aoecus.5050*.mon 55 rasa.or the masc..Our,to O*M!O*envoy Dena 5 The(sal.opal is latad or Medd HaMp-0wMen dee rd 0.5.0.0,07 SOA,I*50545150,..5ss5O m5.5050 and n.a5 of you mobrcyd.The ua a cam no asgr.0 s0 5md Ar your nromcyd.my 1pre rsg.pw on5vuervs on 4M aMrmraoa of your motorcycle we may male 55.5551.nos fwdyIOW65.O warranty OWNER'S OBLIGATIONS To oDME palmary serwma,num rpm fwepyde a yo r wee*Aar M.NNW warranty paid to an amNlid HaMYdwlor Mem TM amutod HNSy-D*yabn s.og caw be ame to pro*.wrr4 aorta aea9 amr winss arras.dopamine awn ems w5mrl of M.wMmmd seams service - F1aAaryAavidsan Motor Company wmamm a...WOW,d necessary pal. HOLEY-DAVIDSON P.O.Box 653 ...._._.._..._...._._.. Milwaukee,Wisconsin 53201,USA. EXCLUSIONS _ This line..0msy al dolspry bsy mm.. I ...No na Wen oe..d 5 m EINFOO s MOO*n Use odor manual 2 aWpast An been a5s.d.mgba&5mv0,ie.no4 sloe.wee WI6.tafry..N used for roc.n on.NAon of any NM 3 Peach e TIN nemea01n4b con.WM Me...a motel it which O is regimd a Weich.1oRsad or comp..pen iWWIo encamp Osmm.aa.a 0Nm lNa,or.s 0Fur unapproved#0 idmnoe less ilMss modifications none genuine Hadry-Davidson orts we ao:oRMSMaO..mow.m ave my.5b year.limes mpaRotiois m4 we pea of your new motorcycle MNIo.smers See an auMoaW HnNP0mn4o WAN for OMA. S Yawn hae been suMooleO b an ad o God,..,MA.wnctun.mew co.n..po,omni diSOSms.inc...but 5 Screed u.igMli9.AVOW WM.MW S.M.hat aim.,beacons.eN5..Sum orhnae.or dal u.am.u*m of HwnrD..iewn's S Wlgmhabeeen.am..or C.am.a hs ben dapped or stnCk OTHER LIMITATIONS TNS Neal ws.y les notm.ea' 24 MONTHS/UNLIMITED MILES 9e0006012 Proposed Equipment Lease: Option A and B Lease Agreement Option A $650 for FLHTP model INCLUDED NOT INCLUDED 1. Regular scheduled services as 1. Parts and labor for recommended by the factory (see repair/replacement of tires, brakes, exhibit 2) clutches and physical damages 2. Parts and labor for installation of 2. Parts and labor for installation of dealer-owned equipment (LED police-owned equipment such as, lights, siren, police box and guard radars, radios, set-corn, moto-lights rails) and cameras 3. Transfer of dealer-owned 3. Transfer of department-owned equipment upon renewal equipment upon renewal In N to �O U. 4) ,4) U. rk;° R -PV tO0 1 411110 co N t0 O LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PETERSON'S HARLEY-DAVIDSON OF MIAMI, LLC FOR HARLEY-DAVIDSON POLICE MOTORCYCLES In 0 M This agreement made and entered into between Peterson's Harley-Davidson of Miami,LLC., a.. designated as the Lessor, and City of Miami Beach,designated as the Lessee,made this day of , 20 for the purpose of leasing nineteen(19)black FLHTP Harley-Davidson Police motorcycles under the following terms and conditions: 1) EQUIPMENT: 2018 black FLHTP Harley-Davidson Police solo motorcycles with the complete description provided on specification sheet attached hereto as Exhibit 1. E 2) AGREEMENT TERM: The term of this Agreement shall commence on the date of delivery of the aforesaid police motorcycles and continue thereafter for a period of twenty-four(24)months. Motorcycles leased under this Agreement are to be used for police and related activities: off-duty details, funeral escorts and parades only. Any other use shall require the prior written consent of Lessor. At the end of the Agreement term, o Lessee shall return the motorcycles to Peterson's Harley-Davidson of Miami, L.L.C. By mutual agreement of the parties, Lessee may extend the term of this Agreement for up to ninety(90) calendar days beyond the expiration of the term,if needed,while a new agreement is being negotiated. If this right is exercised, Lessee shall notify Lessor, in writing, and prior to the expiration of the term,of its intent to extend the Agreement beyond the term for a specific number of days, subject to the same terms and conditions set forth in this Agreement. If Lessee keeps possession of the motorcycles past the expiration of this Agreement,the Lessee shall continue to pay the monthly payments as specified in this Agreement. The Lessee shall also pay the Lessor any damages, which the Lessor may be due, because the Lessee failed to return the motorcycles at the expiration of this Agreement, unless such arrangement was mutually agreed upon prior to the expiration of this Agreement. 3) PAYMENT PERIOD: Lessee shall pay monthly payments in the amount of$650.00 for each motorcycle. Payments include the cost of equipment,payment of interest, 0 X 1-A M I A M I 5 ONLY AUTHORIZED H A R L E Y - DAV I D S O N DEALERS 1 N N in o maintenance and administrative costs, less the residual value of the motorcycle. Lease of motorcycles will be billed on the 5th day of each month and payable within 30 days of the date billed during the term of this lease. 4) INSURANCE: At its own expense,the lessee shall carry casualty insurance in the amount of$2,000,000 with respect to the motorcycle and shall carry Public Liability and cProperty Damage Insurance sufficient to protect the actual cash value of the equipment 03 and to protect the Lessor from liability in all events. The Lessee shall carry Worker's Compensation covering all its employees working on, in, or about the motorcycle. The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance coverage described above as required by the terms and conditions of this aagreement. The Lessor shall be named as additional insured and loss payee. 5) HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES: Subject to the cprovisions and monetary limitations of Section 768.28 (5),Florida Statutes, which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law, the Lessee shall and does hereby indemnify and save the Lessor harmless from any and all liability arising out of the leasing,renting, a operation, control, use,delivery and/or return of the motorcycle including, but not limited to injuries causing personal injury,property damage and/or death, except for damages resulting from a design fault in the product, but shall be credited with any amounts received by the Lessee with respect thereto from liability insurance by the Lessee. The indemnification shall include all costs and expenses including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting from and special liability. Nothing contained herein is intended nor shall be construed to waive Lessee's right and immunities under common law and Section 768.28, Florida Statutes. a o 6) LIENS: The Lessee shall not directly or indirectly create, incur, assume, or suffer to exist any mortgage,pledge, lien,charge, and encumbrance or claim on or with respect to the motorcycle, except with respect to the respective rights of the Lessor as herein provided. z Lessee shall promptly, as its own expense,take such actions as may be necessary to duly a°o discharge any such mortgage,pledge, lien, charge,encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. u -' 7) TAXES AND FEES: The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax, Excise Tax,Personal Property Tax, assessments,penalties, licenses, fees,registration fees, freight and transportation charges,permits and any similar charges imposed on the ownership,possession or use of the motorcycle during the o term of the Agreement. Both parties recognize that the Lessee is tax exempt under Florida Law. a 0 8) CARE AND USE OF EQUIPMENT: The Lessor agrees to maintain the motorcycle c pursuant to the manufacturer's standard preventative maintenance plan and/or recommendation,pursuant to the provisions set forth in Paragraph 13 below. All repairs a shall be made at Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2" Ave., Miami, FL 33169. The Lessee, at its own cost and expense, shall ensure delivery z 2-A cc W f W MIA M I S ONLY AUTHORIZED H A R L E Y - DAV I D 5 O N DEALER 0 w N in In 0 of the Motorcycle to Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2"d Ave., Miami, FL 33169, at regular intervals set up by the Lessor in accordance with the service schedule attached hereto as Exhibit 2. The Lessee shall protect the motorcycle u. from deterioration other than normal wear and tear, shall use the motorcycle for police related activities only,without abuse, and shall not make modifications,alterations or additions to the motorcycle(other than normal operating accessories or controls)without owritten consent of the Lessor,which shall not be unreasonably withheld. The Lessor shall have the right, during regular business hours to enter upon the premises where the motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. 0 X 9) DAMAGE OR DETERIORATION OF MOTORCYCLES: In the event the motorcycle is damaged due to the actions of the Lessee or its employees prior to the end of this agreement,the Lessee will promptly have the motorcycle repaired and restored to its original condition and working order. Any damage done to lease motorcycles during the officers' training will be repaired as soon as the training is completed at Lessee's expense. This includes damage done to engine,transmission, brakes, paint, and body M parts. All repairs must be done at the Lessor's repair facility located at 19400 NW 2nd a Ave., Miami,FL 33169. In case of theft or total loss of the motorcycle,the replacement value shall be $23,000.00 minus 2% for each month the agreement is in effect. 10)SELECTION OR RIDER: The Lessor reserves the right to reject any rider of his motorcycle so as to be assured that proper handling and care is exercised. 11)RIDER RESPONSIBILITY AND PRIVILEGES: The rider will be responsible for keeping the motorcycle clean and is required to report any defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to work provided that it is fully insured at all times by the Lessee and the distance is no more than thirty (30) miles each way per motorcycle during the lease period. For each mile driven per motorcycle over 20,000 total miles during the lease period, there shall be a 15 cents per Z mile charge. 0 0 12)EVENTS OF DEFAULT AND REMEDIES: Lessee shall be deemed to be in default hereunder upon the happening of any of the following events of default: J a) Lessee shall fail to make any periodic payment, or to pay any other payments required to be paid hereunder, or b) Lessee shall fail to keep any such other term, covenant or condition contained herein. u. aUpon the occurrence of an event of default as specified above, and upon the failure of Lessee to remedy such event of default with all reasonable dispatch within a period of othirty(30)days, Lessor or its assigns shall have the right, at its option without any } demand or notice, to pursue any of the following remedies: cc 0 2 3-A W t- td a. MIAMISONLY AUTHORIZED HARLEY - DAVIDSON DEALER In N N IA o a) By written notice to Lessee,declare an amount equal to all payments due during the agreement term to be immediately due and payable as liquidated damages and not as a penalty,whereupon the same shall become immediately due and payable. b) Re-enter and take possession of the equipment, enforce this agreement or terminate the agreement, and repossess the equipment and sell or lease the equipment for the account of the Lessee, holding Lessee liable for all payments up to the effective date cof such leasing or selling and for the difference in the purchase price, rental and co other amounts paid by the Lessee or purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and c) Any action at law or in equity as may appear necessary to collect the payments then due and thereafter to become due or to enforce performance and observance of any obligation, agreement or covenant of Lessee under this agreement upon failure to comply with any term, covenant or condition contained herein. ✓ 13)MAINTENANCE AND EQUIPMENT: Lessor shall provide certain maintenance for the motorcycle at no cost to the Lessee, limited to regular scheduled services as recommended by the factory in accordance with the service schedule attached hereto as Exhibit 2. Parts and labor on clutch replacements,tires, brakes,and physical damages i will be the responsibility of the Lessee. Lessee shall also be responsible for the a. installation or transfer of any department owned equipment, such as radars, radios, set- o com, moto-lights,and cameras. The Lessor shall not supply Lessee with gasoline or radios. All maintenance shall be done at Peterson's Harley-Davidson, located at 19400 NW 2nd Ave., Miami, FL 33169. The Harley-Davidson Motor Company warranty on the leased motorcycles is for a period of twenty-four(24)months coinciding with the lease term agreed upon between the a parties. In the event the Lessee retains the motorcycles at the conclusion of the twenty- o four(24)month lease,the Lessee shall be responsible for the cost of maintenance, labor, and parts incurred subsequent to the expiration of the twenty-four(24)month lease. Z 14)SUBLEASE OR ASSIGNMENT: Neither the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may affect the subleasing of the motorcycle. L; 15)TERMINATION: Either party may at any time during the term hereof, upon thirty(30) -! days written notice to the other party,terminate this Agreement with or without cause. Lessor shall be entitled to lease payments due or incurred to the date of such termination. a_ 16)ENTIRE AGREEMENT; AMENDMENTS: This Agreement constitutes the entire o agreement between Lessor and Lessee,and all negotiations and oral understandings are merged herein.No modification, amendment or alteration in the terms or conditions of a this Agreement shall be effective unless contained in a written document executed with the same formality as this Agreement and signed by each Party. a 17)CONSENT TO JURISDICTION: The Parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of, or relating to,this z 4-A w I- w 0. MIAMI ' S ONLY AUTHORIZED HARLEY - DAVIDSON DEALER A �o N N VI U1 0 Agreement. Venue of any action to enforce this Agreement shall be in Miami-Dade County, Florida. it j 18)GOVERNING LAW: This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida. 0 19)HEADINGS: Headings are for convenience of reference only and shall not be considered co in any interpretation of this Agreement. 20)SEVERABILITY: If any provision of this Agreement or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable,the remainder of x this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent permitted by law. N 21)WAIVER: The waiver by either Party of any failure on the part of the other Party to perform in accordance with any of the terms or conditions of this Agreement shall not be i construed as a waiver of any future or continuing similar or dissimilar failure. a. 22)COSTS AND ATTORNEY'S FEES: If either Lessor or Lessee are required to enforce the terms of this Agreement by court proceedings or otherwise,whether or not formal legal action is required, the prevailing Party shall be entitled to recover from the other Party all such costs and expenses,including but not limited to, costs and reasonable attorney's fees. La o IN WITNESS WHEREOF,the parties hereto have executed this Agreement. City: Peterson's Harley-Davidson of Miami,LLC: 0 Li A I Signature of Authorized Representative Signature of Authorized Representative Dirk Peterson, Owner Name & Title 0 z 0 a 0 a W J a z 5-A W F W MIAMISONLY AUTHORIZED HARLEY - DAVIDSON DEALER Lease Agreement Option B $750 for FLHTP model INCLUDED 1NOT INCLUDED 1. Regular scheduled services as 1. Parts and labor as a result of recommended by the factory (see physical damages exhibit 2) 2. Parts and labor for installation of dealer-owned equipment (LED lights, siren, police box and guard rails) 3. Transfer of dealer-owned equipment upon renewal 4. Parts and labor for repair/replacement of tires, brakes and clutches 5. Parts and labor for installation of city-owned equipment (such as, radars, radios, set-corn, moto-lights and cameras) 6. Transfer of city-owned equipment upon renewal In N n o ezi 4/8^'V 0 I I Oi,‘ */ F/4 14 9;7 q CO M • F I ca n e n 0 I,, X IL LEASE AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND PETERSON'S HARLEY-DAVIDSON OF MIAMI,LLC i0 FOR HARLEY-DAVIDSON POLICE MOTORCYCLES n 0 This agreement made and entered into between Peterson's Harley-Davidson of Miami, LLC., designated as the Lessor, and City of Miami Beach,designated as the Lessee,made this day of , 20 for the purpose of leasing nineteen(19)black FLHTP Harley-Davidson Police motorcycles under the following terms and conditions: 4` 1) EQUIPMENT: 2018 black FLHTP Harley-Davidson Police solo motorcycles with the complete description provided on specification sheet attached hereto as Exhibit 1. 2) AGREEMENT TERM: The term of this Agreement shall commence on the date of delivery of the aforesaid police motorcycles and continue thereafter for a period of twenty-four(24)months. Motorcycles leased under this Agreement are to be used for police and related activities: off-duty details, funeral escorts and parades only. Any other z use shall require the prior written consent of Lessor. At the end of the Agreement term, o Lessee shall return the motorcycles to Peterson's Harley-Davidson of Miami, L.L.C. a By mutual agreement of the parties, Lessee may extend the term of this Agreement for up to ninety(90) calendar days beyond the expiration of the term,if needed, while a new agreement is being negotiated. If this right is exercised, Lessee shall notify Lessor, in writing, and prior to the expiration of the term,of its intent to extend the Agreement beyond the term for a specific number of days, subject to the same terms and conditions o set forth in this Agreement. If Lessee keeps possession of the motorcycles past the expiration of this Agreement,the Lessee shall continue to pay the monthly payments as 0 n specified in this Agreement. The Lessee shall also pay the Lessor any damages,which the a Lessor may be due, because the Lessee failed to return the motorcycles at the expiration 0 of this Agreement,unless such arrangement was mutually agreed upon prior to the expiration of this Agreement. J 3) PAYMENT PERIOD: Lessee shall pay monthly payments in the amount of$750.00 for each motorcycle. Payments include the cost of equipment,payment of interest, 0 U 1-B F- w MIAMI S ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS n N N In ° maintenance and administrative costs, less the residual value of the motorcycle. Lease of motorcycles will be billed on the 5th day of each month and payable within 30 days of U. the date billed during the term of this lease. 4) INSURANCE: At its own expense,the lessee shall carry casualty insurance in the amount of$2,000,000 with respect to the motorcycle and shall carry Public Liability and cProperty Damage Insurance sufficient to protect the actual cash value of the equipment m and to protect the Lessor from liability in all events. The Lessee shall carry Worker's Compensation covering all its employees working on, in, or about the motorcycle. The Lessee shall furnish to the Lessor certificates or other satisfactory evidence of all insurance coverage described above as required by the terms and conditions of this agreement. The Lessor shall be named as additional insured and loss payee. 5) HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES: Subject to the vprovisions and monetary limitations of Section 768.28 (5), Florida Statutes,which limitations shall be applicable regardless of whether such provisions would otherwise apply, and to the extent permitted by law,the Lessee shall and does hereby indemnify c and save the Lessor harmless from any and all liability arising out of the leasing,renting, operation,control, use,delivery and/or return of the motorcycle including, but not limited to injuries causing personal injury,property damage and/or death, except for damages resulting from a design fault in the product, but shall be credited with any amounts received by the Lessee with respect thereto from liability insurance by the Lessee. The indemnification shall include all costs and expenses including Attorney's fees incurred by the Lessor in connection with any suits or actions resulting from and special liability. Nothing contained herein is intended nor shall be construed to waive Lessee's right and immunities under common law and Section 768.28, Florida Statutes. 6) LIENS: The Lessee shall not directly or indirectly create, incur,assume, or suffer to exist any mortgage, pledge, lien, charge, and encumbrance or claim on or with respect to the motorcycle,except with respect to the respective rights of the Lessor as herein provided. Z Lessee shall promptly,as its own expense,take such actions as may be necessary to duly °o discharge any such mortgage,pledge, lien, charge, encumbrance or claim not excepted above if the same shall arise at any time due to the Lessee's action or inaction. 7) TAXES AND FEES: The Lessee shall pay any necessary taxes or fees, including but not limited to Sales and Use Tax, Excise Tax,Personal Property Tax, assessments, penalties, licenses, fees,registration fees, freight and transportation charges,permits and any csimilar charges imposed on the ownership, possession or use of the motorcycle during the term of the Agreement. Both parties recognize that the Lessee is tax exempt under ° Florida Law. N 8) CARE AND USE OF EQUIPMENT: The Lessor agrees to maintain the motorcycle pursuant to the manufacturer's standard preventative maintenance plan and/or recommendation, pursuant to the provisions set forth in Paragraph 13 below. All repairs a shall be made at Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2nd Ave., Miami, FL 33169. The Lessee, at its own cost and expense, shall ensure delivery 2-B 0. MIA M 15 ONLY AUTHORIZED HARLEY - DAVIDSON DEALERS N W N O of the Motorcycle to Peterson's Harley-Davidson of Miami LLC., located at 19400 NW 2°'Ave., Miami, FL 33169,at regular intervals set up by the Lessor in accordance with the service schedule attached hereto as Exhibit 2. The Lessee shall protect the motorcycle from deterioration other than normal wear and tear, shall use the motorcycle for police related activities only, without abuse, and shall not make modifications, alterations or additions to the motorcycle(other than normal operating accessories or controls)without o written consent of the Lessor,which shall not be unreasonably withheld. The Lessor shall 03 have the right, during regular business hours to enter upon the premises where the motorcycle is located in order to inspect, observe or otherwise protect the Lessor's interest and the Lessee shall afford them the opportunity to do so. 0 9) DAMAGE OR DETERIORATION OF MOTORCYCLES: In the event the motorcycle is damaged due to the actions of the Lessee or its employees prior to the end of this agreement,the Lessee will promptly have the motorcycle repaired and restored to aits original condition and working order. Any damage done to lease motorcycles during the officers' training will be repaired as soon as the training is completed at Lessee's expense. This includes damage done to engine,transmission,brakes,paint, and body M parts. All repairs must be done at the Lessor's repair facility located at 19400 NW 2"d aAve., Miami, FL 33169. In case of theft or total loss of the motorcycle,the replacement value shall be $23,000.00 minus 2%for each month the agreement is in effect. 10)SELECTION OR RIDER: The Lessor reserves the right to reject any rider of his motorcycle so as to be assured that proper handling and care is exercised. 11)RIDER RESPONSIBILITY AND PRIVILEGES: The rider will be responsible for keeping the motorcycle clean and is required to report any defects or abnormalities. The rider shall be allowed to use the motorcycle to go back and forth to work provided that it o is fully insured at all times by the Lessee and the distance is no more than thirty(30) N miles each way per motorcycle during the lease period. For each mile driven per motorcycle over 20,000 total miles during the lease period,there shall be a 15 cents per Z mile charge. 0 0 12)EVENTS OF DEFAULT AND REMEDIES: Lessee shall be deemed to be in default hereunder upon the happening of any of the following events of default: a) Lessee shall fail to make anyperiodic payment,p or to pay any other payments a required to be paid hereunder,or b) Lessee shall fail to keep any such other term,covenant or condition contained herein. 0 Upon the occurrence of an event of default as specified above, and upon the failure of Lessee to remedy such event of default with all reasonable dispatch within a period of a thirty(30)days, Lessor or its assigns shall have the right, at its option without any e demand or notice, to pursue any of the following remedies: z 3-B W N W M I A M I 5 ONLY AUTHORIZED HARLEY - DAVIDSON DEALER io a N N U) a) By written notice to Lessee, declare an amount equal to all payments due during the agreement term to be immediately due and payable as liquidated damages and not as t. a penalty,whereupon the same shall become immediately due and payable. iL b) Re-enter and take possession of the equipment, enforce this agreement or terminate the agreement,and repossess the equipment and sell or lease the equipment for the account of the Lessee, holding Lessee liable for all payments up to the effective date 0 of such leasing or selling and for the difference in the purchase price, rental and coother amounts paid by the Lessee or purchaser pursuant to such lease or sale and the amounts payable by Lessee hereunder, and c) Any action at law or in equity as may appear necessary to collect the payments then due and thereafter to become due or to enforce performance and observance of any x obligation, agreement or covenant of Lessee under this agreement upon failure to comply with any term, covenant or condition contained herein. a 13)MAINTENANCE AND EQUIPMENT: Lessor shall provide full maintenance for the motorcycle at no cost to the Lessee. Maintenance will include regular scheduled services as recommended by the factory in accordance with the service schedule attached hereto as Exhibit 2, including parts and labor for repair and/or replacement of tires, brakes and a clutches. Transfer of any department owned equipment, such as radars, radios, set-com, moto-lights, and cameras will also be installed at no charge to the Lessee. Parts and labor required as a result of physical damages will not be considered maintenance and will be the responsibility of the Lessee. The Lessor shall not supply Lessee with gasoline or radios. All maintenance shall be done at Peterson's Harley-Davidson, located at 19400 NW 2"d Ave., Miami, FL 33169. The Harley-Davidson Motor Company warranty on the leased motorcycles is for a period of twenty-four(24) months coinciding with the lease term agreed upon between the a parties. In the event the Lessee retains the motorcycles at the conclusion of the twenty- four(24)month lease, the Lessee shall be responsible for the cost of maintenance, labor, and parts incurred subsequent to the expiration of the twenty-four(24)month lease. Q 14)SUBLEASE OR ASSIGNMENT: Neither the Lessor,nor the Lessee may assign this lease. Neither the Lessor nor the Lessee may affect the subleasing of the motorcycle. u 15)TERMINATION: Either party may at any time during the term hereof, upon thirty(30) days written notice to the other party,terminate this Agreement with or without cause. Lessor shall be entitled to lease payments due or incurred to the date of such termination. U. 16)ENTIRE AGREEMENT; AMENDMENTS: This Agreement constitutes the entire yagreement between Lessor and Lessee, and all negotiations and oral understandings are merged herein.No modification, amendment or alteration in the terms or conditions of a this Agreement shall be effective unless contained in a written document executed with e the same formality as this Agreement and signed by each Party. 17)CONSENT TO JURISDICTION: The Parties submit to the jurisdiction of any Florida state or federal court in any action or proceeding arising out of,or relating to, this • 4-B W i- W M I A M IS ONLY AUTHORIZED HARLEY - DAVIDSON DEALER IA N IA Agreement. Venue of any action to enforce this Agreement shall be in Miami-Dade County,Florida. rc 18)GOVERNING LAW: This Agreement shall be construed in accordance with,and governed by, the laws of the State of Florida. 0 19)HEADINGS: Headings are for convenience of reference only and shall not be considered in any interpretation of this Agreement. 20)SEVERABILITY: If any provision of this Agreement or the application thereof to any person or situation shall to any extent, be held invalid or unenforceable,the remainder of x this Agreement, and the application of such provisions to persons or situations other than those as to which it shall have been held invalid or unenforceable shall not be affected thereby, and shall continue in full force and effect, and be enforced to the fullest extent a permitted by law. 21)WAIVER: The waiver by either Party of any failure on the part of the other Party to perform in accordance with any of the terms or conditions of this Agreement shall not be a construed as a waiver of any future or continuing similar or dissimilar failure. tD 22)COSTS AND ATTORNEY'S FEES: If either Lessor or Lessee are required to enforce the terms of this Agreement by court proceedings or otherwise, whether or not formal legal action is required,the prevailing Party shall be entitled to recover from the other Party all such costs and expenses,including but not limited to, costs and reasonable attorney's fees. Id a IN WITNESS WHEREOF,the parties hereto have executed this Agreement. City: Peterson's Harley-Davidson of Miami,LLC: ti JSignature of Authorized Representative Signature of Authorized Representative Dirk Peterson, Owner Name &Title I� 0 z 0 N a a } W e Z 5-B W 1- W a. M I AMI 5 ONLY AUTHORIZED HARLEY - DAVIDSON DEALER DIMENSIONS FEATURE AVAILABILITY POLICE ELECTRA GLIDE® Overall Length 96.5 in, ABS Standard Overall Width.... 378 in. Security System-- FLHTP Seat Height 27.3 in. Cruise Control Standard 15-inch Ground Clearance 5.I in. Stealth Switch....................Standard detachable Lean Angle(rwmneU)...................320/32° Push-to-Talk Standard Ergonomic windshield Wheelbase 64.0 in. Speed Capture Standard Oandlobar with One-Touch Wheel Size Front 17-inch,432 mm controls,trigger Batwing fairing with Wheel Size Rear I6-inch.406 mm cam'' Saddlebags switch activation Splitstream vent Fuel Capacity 62 gal. with One- Deluxe one piece, Running Weight............ 845lb. �07 �� Touch latch solo coil-over shock ,. Daymaker' Gross Vehicle Wt.Rating......._ 1360 lb. absorber seat i w, LED headlight Hydraulic POWERTRAIN '� 1 clutch 4"i Engine Miiwautee Eight'"107engine NIB /` ' Showa Displacement.............107 cu.in.1746cc ,, /_�"� SDBV'" Transmission...,,.6-Speed Cruise Drive" LED front and rear tlp"N T J ® technology fender tip lights L r F 1. Torque(saeJiao9),IIL4 ft.Ih,@ 3250 RPM i i � Fuel Economy(city/hey) 45 MPG —"' / .� '0 t ,ot . 9 Hand-adjustable Milwaukee- Eight'"107 engine emulsion rear shocks Impeller Cast Aluminum wheels 2017 Harley-Davidson FLHTP Electra Glide Police Motorcycle QUANTITY: Einsert Quantity]2017 Harley-Davidson®FLHTP(Ducted Fairing with Windshield) Electra Glide Solo Law Enforcement Motorcycle SCOPE OF SPECIFICATIONS These specifications describe the mechanical and comfort requirements for the 2017 FLHTP Solo Law Enforcement Motorcycle which will be used by the[insert agency/department name]. SPECIFICATIONS All proposed FLHTP motorcycles to be in full compliance as follows: A. Engine Piston displacement of not less than 1746cc Milwaukee-EightTM 107 cubic inch, pushrod-operated, overhead valves with hydraulic,self-adjusting lifters,four valves per cylinder and featuring EITMS (Engine Idle Temperature Management System), producing minimal vibration frequencies and magnitudes. Engine and transmission isolated from motorcycle frame utilizing a rubber mounting system. • Powertrain deluxe chrome group designed for low maintenance;black powder coat finish on engine; chrome rocker boxes,timer cover, outer primary housing&transmission covers. • Compression ratio: 10.0:1 • Electronic Sequential Port Fuel Injection System (ESPFI) • Single Cam design • Hydraulic Lifters requiring no maintenance service adjustments • Air and Oil cooled • Fan-assisted oil cooler B. Clutch I Transmission • Clutch shall be of the latest assist and slip nine(9)plate design,wet. • Hydraulically Actuated Clutch system • Transmission to be of latest design, manual type,with not less than six(6)forward speeds. • Clutch disengage for starter motor operation • Primary Drive, double-row chain, 34/46 ratio. • Greaseless shifter shaft with"anti-vibration"rubber spacers. • Gear Ratios: 1st 9.593 2nd 6.650 3rd 4.938 4th 4.000 5th 3.407 6th 2.875 C. Brakes • Reflex TM Linked Braking with ABS, linking disengages below 25 mph • Hydraulic Disc brakes for both front and rear wheels • Front brakes having dual 11.81-inch diameter floating discs • Rear brake having a single disc. • Brakes shall be relatively free of heat fade • Calipers-4 Piston • Uniform Expanding Rear Rotor D. Suspension Motorcycles shall be provided with a suspension system to permit optimum handling conditions as required in law enforcement. • Front suspension uses Showa®Dual Bending Valve(SDBVTM)technology and gives you 117 mm of travel; bigger pistons improve dampening performance over the range of suspension travel • Hand-adjustable emulsion rear shocks provide 15-30% more preload adjustment and adjust with the turn of a single knob, no tools required; new bigger pistons improve damping performance over the range of suspension travel • 49 mm telescopic front forks. • Rear suspension swing arm bearings shall require no lubrication for life of the motorcycle. E.Wheels I Tires • Black ImpellerTM Cast Aluminum wheels, rim material to be impermeable to compressed air. • Tubeless type tires to have non-skid tread,designed to operate on paved highways and shall have a full,four-ply fabric reinforcement. • Bead-retention tires designed to remain on wheel during sudden loss of pressure. • Sealed automotive style wheel bearings requiring no endplay adjustment and service interval of 100,000 miles(160,000 km). F. Fuel Tank • Fuel tank to have a capacity of 6 U.S. gallons(22.71 liters). Must provide a minimum of 1 gallon (3.8 L) reserve fuel capacity when main supply is exhausted. • Electric fuel pump. G. Electrical System Electrical system shall be nominal 12-volt as follows: • Battery. Sealed, heavy-duty maintenance-free, 12-volt, minimum rated capacity—28 ampere hours(Battery Council International rating),270 cold cranking amps. • Ignition. Non-waste spark, alpha control. • Charging System. Three-phase,48-amp high output alternator producing 28 amps at idle,solid state regulator. • Connectors. Industrial grade throughout, provided with electrical accessory connection. • Hand Controls.Water-resistant, integrated switches. • Starting System. 12-volt starter, solenoid operated engagement, relay required. • Horn. Sound level audible above motorcycle and traffic-generated noise. H. Lighting Each motorcycle shall be provided with the following lighting equipment: • DaymakerT"" LED Headlight • Front Emergency Lamps PAR-36, one red and one blue(incandescent). • Tail light. • Turn Signals, self-canceling system. • Flashers,four-way,with independent switch. • License plate lighting with two blue marker lamps. • Rear(Red) LED Fender Tip Light I. Visual Displays • Speedometer.Analog &Digital speedometer, range 0-120mph (or kph equivalent), • (2) re-settable trip meters. • Speed Capture with Digital Speed Display • Gear Indicator • Odometer. Calibrated, cumulative. • Tachometer.Analog. • Fuel level gauge. • Emergency Light Activation Indicators, separate indicators for front and rear emergency lights. • Stealth Mode indicator-if activated • Cruise Control indicator • Sight glass on brake master cylinders. • Fuel Mileage countdown till empty displayed in odometer window when Low fuel indicator lamp is lit. • Turn Signal Indicators • Hazard-Warning Lights Indicator • Neutral Indicator • High beam Indicator • Low Oil pressure Indicator • Engine diagnostic light • ABS indicator lamp • Security Lamp(if equipped with optional security system) J. Feature Requirements • Seat. Deluxe solo saddle, special police type, breathable material covering, adjustable coil over spring suspension system. • Cruise Control-OE standard • Stealth Mode-optional activation • Push to Talk Switch-requires other police radio equipment not supplied by H-D • Power ON for emergency equipment for 30 minutes with ignition OFF • Analog and Digital Speed Display with Speed Capture feature • Gear Indicator • Side Stand.Jiffy stand with electronic disengage to prevent drive off with jiffy stand deployed. • Foot Boards. pivoting type with non-skid rubber pads. • Guards. Front engine guard bar and rear saddlebag guard bars. *Horizontal Saddlebag Rails- Optional* • Saddlebags. Factory installed, law enforcement type Injection Molded GTX saddlebags, approximately 2000 cubic inches of storage space per bag, water-resistant, utilizing one touch operation latches. • Final belt drive,with a rubber isolated 68 tooth rear drive sprocket. • Chrome,two into one into two exhaust system • Windshield. Constructed of clear polycarbonate, designed to break away with minimal force. • Mirrors. Two(2)long stem true image mirrors. • Key. One key fits all locks. • Wheelbase.64 inches(1625 mm). • Laden Seat Height. 27.3 inches(695 mm) • Gross Vehicle Weight Rating. 1360 lbs. (617 kg.) • Dry Weight. 809 lbs. (367 kg.) • Running Order. 845 lbs. (384 kg.) • Service Intervals. 1*1000 miles and then every 5000 miles thereafter. • Warranty. 24 months, unlimited mileage. **Specifications apply for both Domestic and California Configurations. Exhibit 2 1 1,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks,contact or 1,3 abrasion Air cleaner Inspect,service as required Tires Check pressure, inspect tread Wheel spokes(if equipped) Check torque 1,5 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect,adjust belt 1 sorocket Compensator sprocket isolators Perform at each rear tire change 7 Brake and clutch controls Check and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel tines and fittings Inspect for leaks, contact or 1,3 abrasion Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Electrical equipment and switches Check operation Air suspension Check pressure,operation and 1 leakage Fuel door,Tour-Pak, saddlebags (if Lubricate hinges and latches equipped) Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer,unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 50,000 miles (80,000 kilometers). 3. Perform annually or at specified intervals, whichever comes first. 4. Change D.O.T. 4 brake fluid and flush system every two years. 5. Perform spoke tension check at the 1000, 5000, 20,000 mile services and every 15,000 mile interval thereafter. Not all vehicles are equipped with spoke wheels. Consult appropriate topic in service manual. 6. Replace fork oil and inspect every 50,000 miles(80,000 kilometers). 7. Perform at each rear tire change. Exhibit 2 2 2,500 Mile Service (Safety Check) ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect, service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1 Clutch Check Cable Adjustment 1 Drive belt and compensator Inspect, adjust belt 1 sprocket Brake Clutch &Throttle controls Check,adjust and lubricate 1 )iffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Electrical equipment and switches Check operation Air suspension Check pressure,operation and 1 leakage Fuel door,Tour-Pak,saddlebags Lubricate hinges and latches Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks, cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools, service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 80,000 kilometers (50,000 miles). 3. Perform annually. 4. Change D.O.T. 4 and flush brake system every two years. 5. Perform at each rear tire change. Exhibit 2 3 5,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks,contact or 1,3 abrasion Air cleaner Inspect, service as required Tires Check pressure, inspect tread Wheel spokes (if equipped) Check torque 1,5 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect, adjust belt 1 sorocket Compensator sprocket isolators Perform at each rear tire change 7 Brake and clutch controls Check and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks,contact or 1,3 abrasion Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil Replace 1,2 Steering head bearings Adjust&Lubricate 1 Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door,Tour-Pak,saddlebags (if Lubricate hinges and latches eaulimed) Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1.Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 50,000 miles(80,000 kilometers). 3. Perform annually or at specified intervals,whichever comes first. 4.Change D.O.T.4 brake fluid and flush system every two years. 5. Perform spoke tension check at the 1000, 5000,20,000 mile services and every 15,000 mile interval thereafter. Not all vehicles are equipped with spoke wheels. Consult appropriate topic In service manual. 6. Replace fork oil and inspect every 50,000 miles(80,000 kilometers). 7. Perform at each rear tire change. Exhibit 2 4 7,500 Mile Service (Safety Check) ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect,service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1 Clutch Check Cable Adjustment 1 Drive belt and compensator Inspect, adjust belt 1 sprocket Brake Clutch &Throttle controls Check,adjust and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Electrical equipment and switches Check operation Air suspension Check pressure,operation and 1 leakage Fuel door,Tour-Pak, saddlebags Lubricate hinges and latches • Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 80,000 kilometers(50,000 miles). 3. Perform annually. 4. Change D.O.T. 4 and flush brake system every two years. 5. Perform at each rear tire change. Exhibit 2 5 10,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks,contact or 1,3 abrasion Air cleaner Inspect,service as required Tires Check pressure, inspect tread Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment t Drive belt and compensator Inspect,adjust belt 1 sorocket Compensator sprocket isolators Perform at each rear tire change 7 Brake and clutch controls Check and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks,contact or 1,3 abrasion Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil Replace 1,2 Steering head bearings Adjust&Lubricate Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door, Tour-Pak,saddlebags(if Lubricate hinges and latches equipped) Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 50,000 miles(80,000 kilometers). 3. Perform annually or at specified intervals,whichever comes first. 4. Change D.O.T. 4 brake fluid and flush system every two years. 5. Perform spoke tension check at the 1000, 5000, 20,000 mile services and every 15,000 mile interval thereafter. Not all vehicles are equipped with spoke wheels. Consult appropriate topic in service manual. 6. Replace fork oil and inspect every 50,000 miles(80,000 kilometers). 7. Perform at each rear the change. Exhibit 2 6 15,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect,service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1,6 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect, adjust belt 1 sprocket Compensator sprocket isolators Perform at each rear tire change 5 Brake and clutch controls Check,adjust and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil Replace 1,2 Steering head bearings Lubricate Air suspension Check pressure, operation and 1 lea kaae Fuel door,Tour-Pak, saddlebags Lubricate hinges and latches Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer,unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 80,000 kilometers(50,000 miles). 3. Perform annually. 4. Change D.O.T. 4 and flush brake system every two years. 5. Perform at each rear tire change. 6. Not all vehicles are equipped with spoke wheels. Consult appropriate topic in service manual. Exhibit 2 7 20,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect,service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1,6 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect,adjust belt 1 snrpc;ket Compensator sprocket isolators Perform at each rear tire change 5 Brake and clutch controls Check,adjust and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Replace Electrical equipment and switches Check operation Spark plugs Inspect Front fork oil Replace 1,2 Steering head bearings Lubricate 2 Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door,Tour-Pak,saddlebags Lubricate hinges and latches Windshield bushings(if applicable) Inspect 1 Battery Check battery and dean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and inspect every 80,000 kilometers (50,000 miles). 3. Perform annually. 4. Change D.O.T.4 and flush brake system every two years. 5. Perform at each rear tire change. Exhibit 2 8 25,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect, service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1,6 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect,adjust belt 1 sprocket Compensator sprocket isolators Perform at each rear tire change 5 Brake and clutch controls Check, adjust and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Fuel tank filter Replace 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil Replace 1,2 Steering head bearings Adjust 1 Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door,Tour-Pak, saddlebags Lubricate hinges and latches Windshield bushings(if applicable) Inspect 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks, cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools, service data and are mechanically qualified. 2. Disassemble, lubricate and Inspect every 80,000 kilometers(50,000 miles). 3. Perform annually. 4.Change D.O.T.4 and flush brake system every two years. 5. Perform at each rear tire change. 6. Not all vehicles are equipped with spoke wheels.Consult appropriate topic in service manual. Exhibit 2 9 30,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks,contact or 1,3 abrasion Air cleaner Inspect, service as required Tires Check pressure, inspect tread Primary chaincase lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect, adjust belt 1 sprocket Compensator sprocket isolators Perform at each rear tire change 7 Brake and clutch controls Check and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks,contact or 1,3 abrasion Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil Replace 1,2 Steering head bearings Lubricate Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door,Tour-Pak, saddlebags(if Lubricate hinges and latches equipped) Critical fasteners Check tightness 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and Inspect every 50,000 miles(80,000 kilometers). 3. Perform annually or at specified intervals,whichever comes first. 4. Change D,O.T. 4 brake fluid and flush system every two years. 5. Perform spoke tension check at the 1000, 5000, 20,000 mile services and every 15,000 mile interval thereafter. Not all vehicles are equipped with spoke wheels. Consult appropriate topic in service manual. 6. Replace fork oil and inspect every 50,000 miles(80,000 kilometers). 7. Perform at each rear tire change. Exhibit 2 10 50,000 Mile Service ITEM SERVICED PROCEDURE NOTES Engine oil and filter Replace Oil lines and brake system Inspect for leaks 1 Air cleaner Inspect,service as required Tires Check pressure, inspect tread Wheel spokes Check tightness 1,6 Primary chaincase lubricant Replace Transmission lubricant Replace Clutch Check adjustment 1 Drive belt and compensator Inspect,adjust belt 1 sprocket Compensator sprocket isolators Perform at each rear tire change 5 Brake and clutch controls Check,adjust and lubricate 1 Jiffy stand Inspect and lubricate 1 Fuel lines and fittings Inspect for leaks 1 Fuel tank filter Replace 1 Brake fluid Check levels and condition 4 Brake pads and discs Inspect for wear Spark plugs Inspect Electrical equipment and switches Check operation Front fork oil REBUILD 1,2 Steering head bearings Adjust 1 Air suspension Check pressure,operation and 1 leakage Windshield bushings(if applicable) Inspect 1 Fuel door,Tour-Pak,saddlebags Lubricate hinges and latches Windshield bushings(if applicable) Inspect 1 Battery Check battery and clean 3 connections Exhaust system Inspect for leaks,cracks and loose 3 or missing fasteners or heat shields Road test Verify component and system functions NOTES 1. Should be performed by an authorized Harley-Davidson dealer, unless you have the proper tools,service data and are mechanically qualified. 2. Disassemble, lubricate and Inspect every 80,000 kilometers(50,000 miles). 3. Perform annually. 4. Change D.O.T. 4 and flush brake system every two years. 5. Perform at each rear tire change. 6. Not all vehicles are equipped with spoke wheels. Consult appropriate topic in service manual. Invitation to Bid Documents INVITATION TO BID (ITB) LEASE OF POLICE MOTORCYCLES 2017-130-AK ID ISSUANCE DATE: APRIL 19, 2017 BID DUE: MAY 22, 2017@ 3:00 PM ISSUED BY: ANETA KAMYCZEK MIAMI BEACH ANETA KAMYCZEK, CONTRACTING OFFICER I PROCUREMENT DEPARTMENT 1755 MERIDIAN AVE, 3RD FLOOR, Miami Beach, FL 33139 305.673.7000 x 6455 I www.miamibeachfl.gov TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO BIDDERS&GENERAL CONDITIONS 3 0300 BID SUBMITTAL INSTRUCTIONS & FORMAT 15 APPENDICES: APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 24 APPENDIX C MINIMUM REQUIREMENTS &SPECIFICATIONS 26 APPENDIX D SPECIAL CONDITIONS 54 APPENDIX E COST PROPOSAL FORM.. 58 APPENDIX F INSURANCE REQUIREMENTS 59 ITB 2017-130-AK 2 I A,' B E <_H SECTION 0200 INSTRUCTIONS TO BIDDERS 1.GENERAL. This Invitation to Bid (ITB) is issued by the City of Miami Beach, Florida (the "City"), as the means for prospective Proposers to submit their qualifications, proposed scopes of work and cost proposals (the "bid")to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms,conditions and obligations of the Proposers and,subsequently,the successful Bidders(s)(the"contractor[s]")if this ITB results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this ITB. Any prospective Bidder who has received this ITB by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this ITB. Failure to receive an addendum may result in disqualification of proposal submitted. 2.PURPOSE. The purpose of this ITB is to establish a contract with a qualified vendor that will lease to the City of Miami Beach, Florida nineteen (19) most recent model year Harley-Davidson Electra Glide Police Motorcycles (FLHTP), in accordance with the requirements and terms set forth herein. 3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: ITB Issued April 19,2017 Pre-Bid Meeting May 1, 2017 10:00AM Deadline for Receipt of Questions May 12,2017 5:00PM Responses Due May 22,2017 3:00PM Tentative Commission Approval Authorizing Award July 26,2017 4. PROCUREMENT CONTACT.Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: Aneta Kamyczek 305.673.7000 x 6455 anetakamvczekAmiamibeachfl.gov 4dditionaly the City Clerk is to he copied on all comm,mications via e-mail at Ratae:Granado a�7miamlbeachfl qoy. or is facsimile 786-394-4188 The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten(10)calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. ITB 2017-130-AK 3 to BE AC H ..fir �r' ._```✓ 4. PRE-BID MEETING. A Pre-Bid conference will be held as scheduled in Solicitation Timeline above at the following address: City of Miami Beach Procurement Department Conference Room 1755 Meridian Avenue,3rd Floor Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Bid Submission Meeting via telephone must follow these steps: (1)Dial the TELEPHONE NUMBER: 1-888-270-9936(Toll-free North America) (2)Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this ITB expressing their intent to participate via telephone. 5. PRE-BID INTERPRETATIONS. Oral information or responses to questions received by prospective Bidders are not binding on the City and will be without legal effect, including any information received at pre-bid meeting or site visit(s). Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation.Addendum will be released through PublicPurchase. 6. CONE OF SILENCE. Pursuant to Section 2-486 of the City Code, all procurement solicitations once advertised and until an award recommendation has been forwarded to the City Commission by the City Manager are under the "Cone of Silence." The Cone of Silence ordinance is available at http://library.municode.com/index.aspx?clientlD=13097&statelD=9&statename=Florida. Any communication or inquiry in reference to this solicitation with any City employee or City official is strictly prohibited with the of exception communications with the Procurement Director, or his/her administrative staff responsible for administering the procurement process for this solicitation providing said communication is limited to matters of process or procedure regarding the solicitation. Communications regarding this solicitation are to be submitted in writing to the Procurement Contact named herein with a copy to the City Clerk at rafaelgranado@miamibeachfl.gov. 7. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-373 • LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2-410 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 ITB 2017-130-AK 4 8. EXAMINATION OF SOLICITATION DOCUMENTS AND SITE: It is the responsibility of each Bidder, before submitting a Bid,to: • Examine the solicitation thoroughly. • Visit the site or structure, as applicable, to become familiar with conditions that may affect costs, progress, performance or furnishing of the Work. • Take into account federal, state and local (City and Miami-Dade County) laws, regulations, permits, and ordinances that may affect costs, progress,performance,furnishing of the Work,or award. • Study and carefully correlate Bidder's observations with the solicitation. • Notify the Procurement Director of all conflicts, errors or discrepancies in the solicitation of which Bidder knows or reasonably should have known. • The submission of a Bid shall constitute an incontrovertible representation by Bidder that Bidder has complied with the above requirements and that without exception, the Bid is premised upon performing and furnishing the Work required by the solicitation and that the solicitation documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. 9. POSTPONEMENT OF DUE DATE FOR RECEIPT OF BIDS.The City reserves the right to postpone the deadline for submittal of bids and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Bidders through PublicPurchase. 10. PROTESTS. Protests concerning the specifications, requirements, and/or terms; or protests after the bid due date in accordance with City Code Section 2-371, which establishes procedures for protested proposals and proposed awards. Protests not submitted in a timely manner pursuant to the requirements of City Code Section 2-371 shall be barred. 11. NOT USED. 12. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011- 3748, the City shall give a preference to a responsive and responsible bidder which is a small business concern owned and controlled by a veteran(s)or which is a service-disabled veteran business enterprise,and which is within five percent(5%)of the lowest and best bidder, by providing such bidder an opportunity of providing said goods or contractual services for the lowest responsive bid amount. Whenever, as a result of the foregoing preference, the adjusted prices of two(2)or more bidders which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest bid pursuant to an ITB or oral or written request for quotation, and such bids are responsive, responsible and otherwise equal with respect to quality and service,then the award shall be made to the service-disabled veteran business enterprise. 13. CONTRACT PRICE. Bid Price is to include the furnishing of all labor, materials, equipment including tools, services, permit fees, applicable taxes, overhead and profit for the completion of the Work except as may be otherwise expressly provided in the solicitation. 14. METHOD OF AWARD. Following the review of bids and application of vendor preferences, the lowest responsive, responsible bidder(s) meeting all terms, conditions, and specifications of the ITB will be recommended for award by bid item, bid group, or for the entirety of all bid items, as deemed in the best interest of the City, to the City Manager for his consideration. After considering the staff recommendation for award, the City Manager shall exercise his due diligence and recommend to the Mayor and City Commission the bid that the City Manager deems to be in the best interest of the City.The City Commission shall consider the City Manager's recommendation(s)and, ITB 2017-130-AK 5 may approve or reject the City Manager's recommendation(s). The City Commission may also reject all bids received. In determining the lowest and best bidder, and in addition to price, Section 2-369 of the City Code provides that the City may consider the following: • The ability,capacity and skill of the bidder to perform the Contract. • Whether the bidder can perform the Contract within the time specified,without delay or interference. • The character,integrity,reputation,judgment,experience and efficiency of the bidder. • The quality of performance of previous contracts. • The previous and existing compliance by the bidder with laws and ordinances relating to the Contract. 15. MULTIPLE AWARD.The City may award up to three vendors(primary,secondary,tertiary),as available,by line item,by group or in its entirety. The City will endeavor to utilize vendors in order of award.However,the City may utilize other vendors in the event that: 1)a contract vendor is not or is unable to be in compliance with any contract or delivery requirement;2)it is in the best interest of the City to do so regardless of reason. 16. BINDING CONTRACT.The signed bid shall be considered an offer on the part of the bidder,which offer shall be deemed accepted upon award of the bid by the City Commission. The City Commission's selection or approval of the City Manager's recommendation shall constitute a binding Contract between the City and the awarded bidder(s). The Contract shall include the solicitation, any and all addenda issued by the City and the Bid Proposal submitted the by bidder. In any discrepancy between the documents, the order of preference shall be as follows: 1)Addendum in reverse order of release;2)Solicitation; 3)Bid Proposal. In case of default on the part of the successful bidder,the City may procure the items or services from other sources and hold the bidder responsible for any excess cost occasioned or incurred thereby. 17.VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 18. GENERAL TERMS AND CONDITIONS. It is the responsibility of the Bidder to become thoroughly familiar with the Bid requirements,terms and conditions of this solicitation. Ignorance by the Bidder of conditions that exist or that may exist will not be accepted as a basis for varying the requirements of the City, or the compensation to be paid to the Bidder. 19. ACCEPTANCE OR REJECTION OF BIDS. The City reserves the right to reject any or all bids prior to award. Reasonable efforts will be made to either award the Contract or reject all bids within one-hundred twenty (120) calendar days after bid opening date. A Bidder may not withdraw its bid unilaterally nor change the Contract Price before the expiration of one hundred and twenty(120) calendar days from the date of bid opening. A Bidder may withdraw its bid after the expiration of one hundred twenty (120) calendar days from the date of bid opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the Bid by the Mayor and City Commission. • 20. ALTERNATE RESPONSES MAY BE CONSIDERED. The City may consider one (1) alternate response from the same Bidder 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 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. ITB 2017-130-AK 6 BEACH 21.AMERICAN WITH DISABILITIES ACT.To request this material in accessible format,sign language interpreters, information on access for persons with disabilities,and/or any accommodation to review any document or participate in any city-sponsored proceeding, please contact 305-604-2489(voice), 305-673-7524 (fax)or 305-673-7218 (TTY) five days in advance to initiate your request.TTY users may also call 711 (Florida Relay Service). 22. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability. 23. ASSIGNMENT. The successful bidder shall not assign, transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person,company or corporation,without the prior written consent of the City. 24. AUDIT RIGHTS AND RECORDS RETENTION. The Successful Bidder 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 shall maintain and retain any and all of the books,documents, papers and records pertinent to the Contract for three(3)years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by the City. 25. BID BONDS, PERFORMANCE BONDS,CERTIFICATES OF INSURANCE. Bid Bonds, when required, shall be submitted with the bid in the amount specified in the Special Conditions. After acceptance of the bid, the City will notify the successful bidder to submit a performance bond and certificate of insurance in the amount specified in the Special Conditions. 26. BILLING INSTRUCTIONS. Invoices, unless otherwise indicated, must show purchase order numbers and shall be submitted to the ordering City department. 27. CANCELLATION. In the event any of the provisions of this Bid are violated by the bidder, the City shall give written notice to the bidder stating such deficiencies and, unless such deficiencies are corrected within ten (10) calendar days from the date of the City's notice, the City, through its City Manager, may declare the contract in default and terminate same, without further notice required to the bidder. Notwithstanding the preceding, the City, through its City Manager, also reserves the right to terminate the contract at any time and for any reason, without cause and for convenience, and without any monetary liability to the City, upon the giving of thirty (30) days prior written notice to the bidder. 28. CITY'S RIGHT TO WAIVE OR REJECT BIDS. The City Commission reserves the right to waive any informalities or irregularities in this Bid; or to reject all bids, or any part of any bid, as it deems necessary and in the best interest of the City of Miami Beach. 29.CLARIFICATION AND ADDENDA TO BID SPECIFICATIONS. If a bidder is in doubt as to the true meaning of the Bid specifications,or other Bid documents, or any part thereof, the bidder must submit to the City,at least seven (7)calendar days prior to the scheduled Bid opening date, a request for clarification. Any interpretation of the Bid, including,without limitation, responses to questions and request for clarification(s)from ITB 2017-130-AK 7 YAH lv\I BEACH bidders, will be made only by Addendum duly issued by the City. In the event of conflict with the original specifications, the Addendum shall supersede such specifications, to the extent specified. Subsequent Addendum shall govern over prior Addendum only to the extent specified. The bidder shall be required to acknowledge receipt of any and all Addendum, and filling in and signing in the spaces provided in section 5.0, Acknowledgements/Affidavits. Failure to acknowledge Addendum may deem a bid non-responsive. The City will not be responsible for explanations, interpretations, or answers to questions made verbally or in writing by any City representative,unless issued by the City via formal written Addendum to this Bid. Any questions or clarifications concerning the Bid shall be submitted in writing to the Department of Procurement Management(DPM), 1700 Convention Center Drive, Miami Beach,FL 33139 with a copy to the City Clerk. 30. COLLUSION.Where two(2)or more related parties each submit a bid or bids for any contract, such bids or bids shall be presumed to be collusive. The foregoing presumption may be rebutted by presentation of evidence as to the extent of ownership,control and management of such related parties in the preparation and submittal of such bid or bids."Related panties"means bidders or the principals thereof which have a direct or indirect ownership interest in another bidder for the same contract,or in which a parent company or the principals thereof of one(1)bidder have a direct or indirect ownership interest in another bidder for the same contract. Bid or bids found to be collusive shall be rejected. Bidders who have been found to have engaged in collusion may also be suspended or debarred, and any contract resulting from collusive bidding may be terminated for cause. 31. CONDITION AND PACKAGING. Bidder guarantees items offered and delivered to be the current standard production model at time of bid and shall offer expiration dating of at least one year or later. Bidder also guarantees items offered and delivered to be new, unused, and free from any and all defects in material, packaging and workmanship and agrees to replace defective items promptly at no charge to the City of Miami Beach, for the manufacturer's standard warranty but in no case for a period of less than 12 months from date of acceptance. All containers shall be suitable for storage or shipment,and all prices shall include standard commercial packaging. 32. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded.Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 33. DELIVERY. Unless actual date of delivery is specified (or if specified delivery cannot be met), show number of days (in calendar days) required to make delivery after receipt of purchase order, in space provided. Delivery time may become a basis for making an award. Delivery shall be within the normal working hours of the City using Department, Monday through Friday, excluding holidays. Receiving hours are Monday through Friday, excluding holidays,from 8:30 A.M.to 4:00 P.M. 34. DELIVERY TIME. Bidders shall specify in the attached Bid Form,the guaranteed delivery time(in calendar days) for each item. It must be a firm delivery time; no ranges(For example, 12-14 days)will be accepted. 35. DEMONSTRATION OF COMPETENCY. A. Pre-award inspection of the bidder's facility may be made prior to the award of contract. B. Bids will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this Bid. ITB 2017-130-AK 8 m,I BEACH C. Bidders must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this Bid. D. the terms'equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical,and other qualifications and abilities of a bidder, including past performance(experience), in making an award that is in the best interest of the City. F. The City may require bidders to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. Any material conflicts between information provided by the source of supply and the information contained in the bidder's bid may render the bid non-responsive. G. The City may, during the period that the contract between the City and the successful bidder is in force, review the successful bidder's record of performance to ensure that the bidder is continuing to provide sufficient financial support, equipment, and organization as prescribed in this bid. Irrespective of the bidder's performance on contracts awarded to it by the City, the City may place said contracts on probationary status and implement termination procedures if the City determines that the successful bidder no longer possesses the financial support, equipment, and organization which would have been necessary during the bid evaluation period in order to comply with the demonstration of competency required under this subsection. 36. DISPUTES. In case of any doubt or difference of opinion as to the items and/or services(as the case may be)to be furnished hereunder, the decision of the City shall be final and binding on all parties. 37. DISPUTES.In the event of a conflict between the Bid documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this Bid;then B. Addendum issued for this Bid,with the latest Addendum taking precedence;then C. The Bid;then D. The bidder's bid in response to the Bid. 38. DEFAULT. Failure or refusal of a bidder to execute a contract upon award, or withdrawal of a bid before such award is made, may result in forfeiture of that portion of any bid surety required as liquidated damages incurred by the City thereby; or, where surety is not required, failure to execute a contract as described above may be grounds for removing the bidder from the City's bidders list. 39.EQUIVALENTS. If a bidder offers makes of equipment or brands of supplies other than those specified in the Bid specifications, he must so indicate in his bid. Specific article(s) of equipment/supplies shall conform in quality, design and construction with all published claims of the manufacturer. The bidder shall indicate in the Bid Form the manufacturer's name and number if bidding other than the specified brands, and shall indicate ANY deviation from the specifications as listed in the Bid. Other than specified items offered requires complete descriptive technical literature marked to indicate detailed conformance with specifications, and MUST BE INCLUDED WITH THE BID. NO BIDS WILL BE CONSIDERED WITHOUT THIS INFORMATION. THE CITY SHALL BE THE SOLE JUDGE OF EQUALITY AND ITS DECISION SHALL BE FINAL. ITB 2017-130-AK 9 td /vIIANvI BEACH Note as to Brand Names: Catalog numbers, manufacturers'and brand names, when listed, are informational guides as to a standard of acceptable product quality level only and should not be construed as an endorsement or a product limitation of recognized and legitimate manufacturers. Bidders shall formally substantiate and verify that product(s)offered conform with or exceed quality as listed in the specifications. 40. ELIMINATION FROM CONSIDERATION. This bid shall not be awarded to any person or firm who is in arrears to the City upon any debt,taxes, or contracts which are defaulted as surety or otherwise upon any obligation to the City. 41.EMERGENCY RESPONSE PRIORITY. It is hereby made a part of this solicitation that before,during,and after a public emergency, disaster, hurricane, tornado, flood, or other acts of force majeure that the City of Miami Beach, Florida shall receive a "First Priority" for any goods and services covered under any award resulting from this solicitation, including balance of line items as applicable. It is vital and imperative that the majority of citizens are protected from any emergency situation that threatens public health and safety,as determined by the City. By virtue of submitting a response to this solicitation, vendor agrees to provide all award-related goods and services to the City on a"first priority"under the emergency conditions noted above. 42. ESTIMATED QUANTITIES. Estimated quantities or estimated dollars, if provided, are for City guidance only. No guarantee is expressed or implied as to quantities or dollars that will be used during the contract period. The City is not obligated to place any order for a given amount subsequent to the award of this Bid. Estimates are based upon the City's actual needs and/or usage during a previous contract period. The City may use said estimates for purposes of determining whether the low bidder meets specifications. 43. EXCEPTIONS TO BID. Bidders are strongly encouraged to thoroughly review the specifications and all conditions set forth in this Bid. Bidders who fail to satisfy the requirements in this Bid, may be deemed non- responsive and receive no further consideration. Should your proposed bid not be able to meet one (1)or more of the requirements set forth in this Bid and you are proposing alternatives and/or exceptions to said requirements,you must notify the Procurement Office, in writing,at least five(5)days prior to the deadline for submission of bids. The City reserves the right to revise the scope of services via Addendum prior to the deadline for receipt of bids. 44. FACILITIES.The City, through its City Manager or his/her authorized designee, reserves the right to inspect the bidder's facilities at any time, upon reasonable prior written or verbal notice. 45. FLORIDA PUBLIC RECORDS LAW. Bidders are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a),Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the bids, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (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. ITB 2017-130-AK 10 A AiBEACH 46. F.O.B. DESTINATION. Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid. 47. GRATUITIES. Bidders shall not offer any gratuities, favors, or anything of monetary value to any official, employee,contractor,or agent of the City,for the purpose of influencing consideration of this Bid. 48. INDEMNIFICATION. The successful Bidder shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the successful Bidder or its employees, agents, servants, partners, principals or subcontractors. The successful Bidder shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The successful Bidder expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the successful Bidder shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided.The above indemnification provisions shall survive the expiration or termination of this Agreement. 49. INSPECTION, ACCEPTANCE 8 TITLE. Inspection and acceptance will be at destination, unless otherwise provided. Title to (or risk of loss or damage to) all items shall be the responsibility of the successful bidder until acceptance by the City, unless loss or damage results from the gross negligence or willful misconduct of the City. If any equipment or supplies supplied to the City are found to be defective, or do not conform to the specifications, the City reserves the right to cancel the order upon written notice to the seller, and return the product, at the bidder's expense. 50.LAWS, PERMITS AND REGULATIONS.The bidder shall obtain and pay for all licenses,permits,and inspection fees required under the contract; and shall comply with all Applicable Laws. 51. LEGAL REQUIREMENTS.The bidder shall be required to comply with all federal, State of Florida, Miami-Dade County, and City of Miami Beach codes, laws,ordinances, and/or rules and regulations that in any manner affect the items covered herein (collectively, Applicable Laws). Lack of knowledge or ignorance by the bidder with/of Applicable Laws will in no way be a cause for relief from responsibility. 52. LIABILITY, INSURANCE, LICENSES AND PERMITS. Where bidders are required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of the Bid,the bidder will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all Applicable Laws. The bidder shall be liable for any damages or loss to the City occasioned by negligence of the bidder, or his/her officers, employees, contractors, and/or agents, for failure to comply with Applicable Laws. 53. MANNER OF PERFORMANCE. Bidder agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Bidder agrees that the services provided shall be provided by employees that are educated,trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Bidder agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, ITB 2017.130-AK 1 1 BEACH rules, and regulations. Bidder further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of bidder to comply with this paragraph shall constitute a material breach of this contract. 54. MISTAKES. Bidders are expected to examine the specifications, delivery schedules, bid prices, and extensions, and all instructions pertaining to supplies and services. Failure to do so will be at the bidder's risk and may result in the bid being non-responsive. 55. MODIFICATIONIWITHDRAWALS OF BIDS.A bidder may submit a modified bid to replace all or any portion of a previously submitted bid up until the bid due date and time. Modifications received after the bid due date and time will NOT be considered. Bids shall be irrevocable until contract award unless withdrawn in writing prior to the bid due date or after expiration of 120 calendar days from the opening of bids without a contract award. Letters of withdrawal received after the bid due date and before said expiration date and letters of withdrawal received after contract award will NOT be considered. 56. NON-CONFORMANCE TO CONTRACT CONDITIONS. Items may be tested for compliance with specifications. Items delivered, not conforming to specifications, may be rejected and returned at the bidder's expense. These items, as well as items not delivered as per delivery date in bid and/or purchase order, may be purchased by the City, at its discretion,on the open market. Any increase in cost may be charged against the bidder. Any violation of these stipulations may also result in the bidders name being removed from the City's vendor list. 57. OPTIONAL CONTRACT USAGE. When the successful bidder(s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 58. OSHA. The bidder warrants to the City that any work, services, supplies, materials or equipment supplied pursuant to this Bid shall conform in all respects to the standards set forth in the Occupational Safety and Health Act of 1970, as amended, and the failure to comply with this condition will be deemed breach of contract. Any fines levied because of inadequacies to comply with this condition shall be borne solely by the bidder. 59. PATENTS& ROYALTIES.The bidder shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for,or on account of,any copyrighted, patented,or unpatented invention, process,or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the bidder uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the bid prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 60. PAYMENT. Payment will be made by the City after the items have been received, inspected, and found to comply with Bid specifications,free of damage or defect,and properly invoiced. 61. PRICES QUOTED. Prices quoted shall remain firm and fixed during the duration of the contract. In completing the bid form, state both unit price and extended total, when requested. Prices must be stated in units of quantity specified in the bidding specifications. In case of discrepancy in computing the amount of the bid, the UNIT PRICE quoted will govern. All prices must be F.O.B. destination, freight prepaid (unless otherwise stated in Special Conditions). The Bidder may offer cash discounts for prompt payments; however, such discounts will not be considered in determining the lowest price during bid evaluation. Bidders are requested to provide prompt payment ITB 2017-130-AK 12 y,i BEACH terms in the space provided on the Bid submittal signature page of the solicitation. Award, if made, will be in accordance with terms and conditions stated herein. Each item must be bid separately, and no attempt is to be made to tie any item or items in with any other item or items. Cash or quantity discounts offered will not be a consideration in determination of award of bid(s). 62. PRODUCT INFORMATION. Product literature, specifications, and technical information, including Manufacturer's Safety Data Sheets (MSDS) should be provided with this bid as an attachment to the"BID FORM". However, in all cases must be provided within five(5)calendar days upon request from Purchasing Agent. 63. REASONABLE ACCOMMODATION. In accordance with Title II of the Americans with Disabilities Act, any person requiring an accommodation at the Bid opening because of a disability must contact the Procurement Division. 64. SAMPLES. Bids submitted as an "equal"product must be accompanied with detailed specifications. Samples of items, when required, must be furnished free of expense and, if not destroyed, will, upon request, be returned at the bidder's expense. Bidders will be responsible for the removal of all samples furnished within (30) days after bid opening. All samples will be disposed of after thirty (30) days. Each individual sample must be labeled with the bidder's name. Failure of the bidder to either deliver required samples, or to clearly identify samples may be reason for rejection of the bid. Unless otherwise indicated, samples should be delivered to the Procurement Division, 1700 Convention Center Drive, Miami Beach, FL 33139. 65. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 66.SPOT MARKET PURCHASES. It is the intent of the City to purchase the items specifically listed in this Bid from the successful bidder. However,the City reserves the right to purchase the items from state or other governmental contract,or on an as-needed basis through the City's spot market purchase provisions. 67. SUBSTITUTIONS.After award of contract, the City WILL NOT accept substitute shipments of any kind, without previous written approval. The bidder is expected to furnish the brand quoted in its bid. Any substitute shipments will be returned at the bidder's expense. 68.TAXES.The City of Miami Beach is exempt from all Federal Excise and State taxes. 69. TIE BIDS. In accordance with Florida Statues Section 287.087, regarding identical tie bids, preference will be given to bidders certifying that they have implemented a drug free work place program. A certification form will be required. In the event of a continued tie between two or more bidders after consideration of the drug free workplace program, the City's Local Preference and Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the event of a continued tie after the Local and Veteran Preference ordinances have been applied or the tie exists between bidders that are not Local or Veteran, the breaking of the tie shall be at the City Manager's discretion, which will make a recommendation for award to the City Commission. 70. TERMINATION FOR DEFAULT. If the successful bidder shall fail to fulfill in a timely manner, or otherwise violate,any of the covenants,agreements,or stipulations material to the Bid and/or the contract entered into with the City pursuant thereto,the City shall thereupon have the right to terminate the work and/or services then remaining to be performed by giving written notice to the bidder of such termination,which shall become effective upon receipt by the bidder of the written termination notice. In that event,the City shall compensate the successful bidder in accordance with the term of the contract for all work ITB 2017-130-AK 13 to40.1 BEACH and/or services satisfactorily performed by the bidder prior to termination, net of any costs incurred by the City as a consequence of the default. Notwithstanding the above, the successful bidder shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the bidder, and the City may reasonably withhold payments to the successful bidder for the purposes of set off until such time as the exact amount of damages due the City from the successful bidder is determined. The City may,at its discretion,provide reasonable"cure period"for any contractual violation prior to termination of the contract; should the successful bidder fail to take the corrective action specified in the City's notice of default within the allotted cure period,then the City may proceed to terminate the contract for cause in accordance with this subsection 1.57. 71. TERMINATION FOR CONVENIENCE OF CITY. The City may, for its convenience, terminate the work and/or services then remaining to be performed, at any time, by giving written notice to the successful bidder of such termination, which shall become effective thirty(30)days following receipt by bidder of such notice. In that event, all finished or unfinished documents and other materials shall be properly delivered to the City. If the contract is terminated by the City as provided in this subsection,the City shall compensate the successful bidder in accordance with the terms of the contract for all and without cause and/or any resulting liability to the City,work and/or services actually performed by the successful bidder, and shall also compensate the bidder for its reasonable direct costs in assembling and delivering to City all documents. No compensation shall be due to the successful bidder for any profits that the successful bidder expected to earn on the balanced of the contract. Such payments shall be the total extent of the City's liability to the successful bidder upon a termination as provided for in this subsection. 72. UNDERWRITERS' LABORATORIES. Unless otherwise stipulated in the Bid, all manufactured items and fabricated assemblies shall be U.L. listed or re-examination listing where such has been established by U.L.for the item(s)offered and furnished. 73. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities (Items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s)that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases,the City may deem it necessary to add additional items through a formal amendment to the Contract,to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. ITB 2017-130-AK 14 tD n,A1 ,if` ''+i BEACH SECTION 0300 PROPOSAL SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED BIDS. One original Bid Proposal (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of bids.Additionally,five(5)bound copies and one (1)electronic format(CD or USB format)are to be submitted, with the original submission or within two (2) days of request by the City. The following information should be clearly marked on the face of the envelope or container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, and Bidder Return Address. Bids received electronically,either through email or facsimile,are not acceptable and will be rejected. Bid Proposals are to be delivered to the following address: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 2.BID PROPOSAL. The Bid Proposal is to include the following: • TAB 1 — Cost Proposal Form (Appendix E). The Cost Proposal Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms submitted in pencil shall be deemed non- responsive.All corrections on the Cost Proposal Form shall be initialed. BIDS RECEIVED WITHOUT A COST PROPOSAL FORM OR WITHOUT A SIGNED COST PROPOSAL FORM SHALL BE DEEMED NON-RESPONSIVE. • TAB 2-Bid Certification,Questionnaire and Affidavits(Appendix A). BIDS RECEIVED WITHOUT APPENDIX A OR WITHOUT A SIGNED APPENDIX A SHALL BE DEEMED NON-RESPONSIVE. • TAB 3—Submittal Requirements requested in Appendix C, Minimum Requirements. BIDS FROM BIDDERS THAT DO NOT MEET OR EXCEED THE MINIMUM REQUIREMENTS SHALL BE DEEMED NON-RESPONSIVE. • TAB 4—Copy of Proposed Equipment Lease from Lease Company. BIDDERS SHALL SUBMIT, WITH ITS BID OR UPON REQUEST BY THE CITY, THE PROPOSED EQUIPMENT LEASE. THE CITY RESERVES THE RIGHT TO MODIFY,ADD, OR DELETE ANY TERM OR CONDITION IT DEEMS TO NOT BE IN ITS BEST INTEREST. BIDDER'S FAILURE TO AGREE TO THE CITY'S TERMS AFTER AWARD WILL DEEM THE AWARD INVALIDATED. 3.LATE BIDS. Bid Proposals are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of proposals will be considered late and not be accepted or will be returned to Proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. ITB 2017-1 30-AK 15 APPENDIX B MIAMIBEACH " No Bid " Form ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Note: It is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement of No Bid." The "Statement of No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid' may result in not being notified of future solicitations by the City. ITB 2017-130-AK 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A PROPOSAL AT THIS TIME FOR REASON(S)CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to proposal __Insufficient time to respond Specifications unclear or too restrictive _Unable to meet specifications _Unable to meet service requirements _Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: City of Miami Beach Procurement Department ATTENTION:Aneta Kamyczek ITB No. 2017-130-AK 1755 Meridian Avenue, 3rd Floor Miami Beach, FL 33139 ITB 2017-130-AK 24 MIAMI BEACH City of Miami Beach,1755 Meridian Avenue,3rd Floor,Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel: 305-873-7490 ADDENDUM NO. 1 INVITATION TO BID(ITB) 2017-130-AK LEASE OF POLICE MOTORYCYLES MAY 16,2017 This Addendum to the above-referenced ITB is issued in response to questions from prospective proposers,or other clarifications and revisions issued by the City. I. MODIFICATIONS: ITB DUE DATE AND TIME. The deadline for the receipt of proposals is extended until 3:00 p.m.. on Wednesday, May 24, 2017, at the following location: City of Miami Beach Procurement Department 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 Late proposals will not be accepted. Proposers are cautioned to plan sufficient time to allow for traffic or other delays for which the Proposer is solely responsible. II. ANSWERS TO QUESTIONS BY PROSPECTIVE PROPOSERS RECEIVED VIA EMAIL. Q1: What equipment that is on the current motorcycles that the city owns and wants transferred over to the new motorcycles? Al: The City currently owns the moto lights(fog lights)and police radios.This equipment shall be transferred over to the new motorcycles. Q2. Does the City require new Tour-Paks,or does the City plan on using the ones that are currently on the motorcycles? A2: New Tour-Paks are required.See Appendix C,C3 Minimum Specification. Q3. Does the City require new siren or does the City plan on using the ones that are currently on the motorcycles? A3: New sirens are required. See Appendix C,C3 Minimum Specification. Q4. What type of Emergency Lighting the City requires on motorcycles? A4. Whelen MO6MJ High Intensity Super-LED External Light Array is required. See Appendix C,C3Minimum Specification. Q5: Please provide estimate number of tires for motorcycles during two year period. 1 AUM ITBDDEND2017-130-AKNO.1 LEASE OF POLICE MOTORCYCLES A5. Estimated numbers of tires for two year period is 60. Q6: How many miles on average do officers ride each year? A6. Officers drive an average of 9,000 to 13,000 miles a year. Any questions regarding this Addendum should be submitted In writing to the Procurement Department to the attention of the individual named below,with a copy to the City Clerk's Office at RafaelGranado a.miamibeachfl qov. Procurement Contact: Telephone: Email: Aneta Kam yczek 305-673-7000, ext.6455 anetakamyczek@miamibeachfl..gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFP submission. Potential proposers that have elected not to submit a response to the RFP are requested to complete and return the"Notice to Prospective Bidders"questionnaire with the reason(s)for not submitting a proposal. Sincr ly, us Pro'urement Director 2 ADDENDUM NO. 1 ITB 2017-130-AK LEASE OF POLICE MOTORCYCLES Detail by Entity Name Page 1 of 2 11 Department of State / Division of Corporations / Search Records / Detail By Document Number/ Detail by Entity Name Florida Limited Liability Company PETERSON'S HARLEY-DAVIDSON OF MIAMI, L.L.C. Filing Information Document Number L93000000205 FEI/EIN Number 65-0418864 Date Filed 06/29/1993 State FL Status ACTIVE Last Event LC AMENDMENT Event Date Filed 10/31/2016 Event Effective Date NONE Principal Address 19400 N.W. 2ND AVENUE MIAMI, FL 33169 Changed:04/25/1996 Mailing Address 19400 N.W.2ND AVENUE MIAMI, FL 33169 Changed: 04/25/1996 Registered Agent Name&Address PETERSON, DIRK M 19400 N.W.2ND AVENUE MIAMI, FL 33169 Name Changed:03/01/2000 Address Changed: 04/25/1996 Authorized Person(s)Detail Name&Address Document Number 297433 Title MGR PETERSON, DIRK M http://searc h.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/26/2017 Detail by Entity Name Page 2 of 2 19400 N.W. 2ND AVE. MIAMI, FL 33169 Annual Reports Report Year Filed Date 2015 01/30/2015 2016 04/08/2016 2017 04/28/2017 Document Images 04/28/2017--ANNUAL REPORT View image in PDF format 10/31/2016—LC Amendment View image in PDF format 04/08/2016—ANNUAL REPORT View image in PDF format 01/30/2015--ANNUAL REPORT View image in PDF format 02/03/2014--ANNUAL REPORT View image in PDF format 01/29/2013--ANNUAL REPORT View image in PDF format 03/21/2012--ANNUAL REPORT View image in PDF format 01/15/2011--ANNUAL REPORT View image in PDF format 02/26/2010--ANNUAL REPORT View image in PDF format 03/26/2009--ANNUAL REPORT View image in PDF format 04/09/2008--ANNUAL REPORT View image in PDF format 10/26/2007--LC Name Change View image in PDF format 04/17/2007--ANNUAL REPORT View image in PDF format 02/16/2007--ANNUAL REPORT View image in PDF format 04/14/2006--ANNUAL REPORT View image in PDF format 01/14/2005--ANNUAL REPORT View image in PDF format 01/16/2004--ANNUAL REPORT View image in PDF format 04/12/2003--ANNUAL REPORT View image in PDF format 04/03/2002--ANNUAL REPORT View image in PDF format 11/15/2001--Name Change View image in PDF format 04/09/2001--ANNUAL REPORT View image in PDF format 03/01/2000--ANNUAL REPORT View image in PDF format 03/04/1999--ANNUAL REPORT View image in PDF format 03/30/1998--ANNUAL REPORT View image in PDF format 04/23/1997--ANNUAL REPORT View image in PDF format http://se arch.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 7/26/2017 ATTACHMENT D INSURANCE REQUIREMENTS APPENDIX F (IA= MAMIBEACH Insurance Requirements ITB No. 2017- 130-AK LEASE OF POLICE MOTORCYCLES PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor Miami Beach, Florida 33139 ITB 2017-130-AK 35 ISA MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers'Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). XXX 3. Automobile Liability - $1,000,000 each occurrence - owned/non-owned/hired automobiles included. 4. Excess Liability-$10,000,000.00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28,the Florida Constitution, and any other applicable Statutes. ITB 2017-130-AK 36 ITB 2017-130-AK 37