Certification of Contract with Miami Beach Bicycle Center Inc. m MIAMIBEACH C G-
CITY OF MIAMI BEACH MO- /
CERTIFICATION OF CONTRACT
TITLE: For Purchase of Bicycles, Parts, Accessories and Repair Services
CONTRACT NO.: ITB 2018-043-AK
EFFECTIVE DATE(S): This Contract shall remain in effect for a period of three (3) years from
date of execution by the Mayor and City Clerk of the City of Miami
Beach, and may be extended at the sole discretion of the City,
through its City Manager, for two (2) additional (1) year terms.
SUPERSEDES: 16-032-AK
CONTRACTOR(S): Miami Beach Bicycle Center Inc.
For (Groups A, B and C).
ESTIMATED ANNUAL CONTRACT AMOUNT: NA
A. AUTHORITY - Upon affirmative action taken by the Mayor and City Commission of the
City of Miami Beach, Florida ("City"), on September 12, 2018, approving the award of
this Contract, and upon execution thereof by the City Miami Beach Bicycle Center Inc. a
Florida corporation (the"Contractor").
B. EFFECT - This Contract is entered into to provide for Purchase of Bicycles, Parts,
Accessories and Repair Services. Invitation to Bid No. ITB 2018-043-AK and any addenda
thereto (the ITB), and Contractor's bid in response thereto (this Contract, the ITB, and
Contractor's bid in response thereto may hereinafter collectively be referred to as the
"Contract Documents").
C. ORDERING INSTRUCTIONS - All blanket purchase orders shall be issued in
accordance with the City of Miami Beach Department of Procurement Management
policies and procedures, at the prices indicated, exclusive of all Federal, State and local
taxes. All blanket purchase orders shall show the City of Miami Beach Contract Number
2018-043-AK.
D. CONTRACTOR PERFORMANCE - City of Miami Beach departments shall report any
failure of Contractor's performance (or failure to perform) according to the requirements
of the Contract Documents to City of Miami Beach, Manuel Moraga/Sergeant, City of
Miami Beach Police Department at 305-673-7000 ext. 5668. .
E. INSURANCE CERTIFICATE(S) - The Contractor shall file Insurance Certificates, as
required, which must be signed by a Registered Insurance Agent licensed in the State of
Florida, and approved by the City of Miami Beach Risk Manager, prior to delivery of
supplies and/or commencement of any services/work by Contractor.
F. ASSIGNMENT AND PERFORMANCE - Neither this Contract nor any interest herein
shall be assigned, transferred, or encumbered by Contractor without the prior written
consent of the City. In addition, Contractor shall not subcontract delivery of supplies, or
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Certification of Contract
any portion of work and/or services required by the Contract Documents without the prior
written consent of the City.
Contractor warrants and represents that all persons providing/performing any supplies,
work, and/or services required by the Contract Documents have the knowledge and
skills, either by training, experience, education, or a combination thereof, to adequately
and competently provide/perform same, or services to City's satisfaction, for the agreed
compensation.
Contractor shall provide/perform the supplies, work, and/or services required under the
Contract Documents in a skillful and respectable manner. The quality of the Contractor's
performance and all interim and final product(s) and /or work provided to or on behalf of
City shall be comparable to the best local and national standards.
G. SERVICE EXCELLENCE STANDARDS— Excellent Customer Service is the standard of
the City of Miami Beach. As a Contractor of the City, Contractor will be required to
conduct itself in a professional, courteous and ethical manner, and at all times adhere to
the City's Service Excellence standards. Training will be provided by the City's
Organizational Development and Training Specialist.
H. PUBLIC ENTITY CRIMES — Contractor acknowledges that the provisions of the Public
Entity Crimes Act, Section 287.133, Florida Statutes, shall apply to this Contract, which
statute provides, in pertinent part, that a person or affiliate who is a contractor,
consultant or other provider, who has been placed on the convicted vendor list following
a conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to the City, may not submit a bid on a contract with the City for the
construction or repair of a public building or public work, may not submit bids on leases
of real property to the City, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with the City, and may not
transact any business with the City in excess of the threshold amount provided in
Section 287.017, Florida Statutes, for category two purchases for a period of 36 months
from the date of being placed on the convicted vendor list. Violation of this section by
Contractor shall result in cancellation of the Contract and may result in Contractor
debarment.
INDEPENDENT CONTRACTOR - Contractor is an independent contractor under this
Contract. Supplies, work, and/or services, provided by Contractor pursuant to the
Contract Documents shall be subject to the supervision of Contractor. In providing such
supplies, work, and/or services, neither Contractor nor its agents shall act as officers,
employees, or agents of the City. This Contract shall not constitute or make the parties
a partnership or joint venture.
J. THIRD PARTY BENEFICIARIES - Neither Contractor nor City intends to directly or
substantially benefit a third party by this Contract and/or the Contract Documents.
Therefore, the parties agree that there are no third party beneficiaries to this Contract
and that no third party shall be entitled to assert a claim against either of them based
upon this Contract and/or the Contract Documents. The parties expressly acknowledge
that it is not their intent to create any rights or obligations in any third person or entity
under this Contract and/or the Contract Documents.
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Certification of Contract
K. NOTICES - Whenever either party desires to give notice to the other, such notice must
be in writing, sent by certified United States Mail, postage prepaid, return receipt
requested, or by hand-delivery with a request for a written receipt of acknowledgment of
delivery, addressed to the party for whom it is intended at the place last specified. The
place for giving notice shall remain the same as set forth herein until changed in writing
in the manner provided in this section. For the present, the parties designate the
following:
For City:
Manuel Moraqa
City of Miami Beach
Police Department
1100 Washington Avenue
Miami Beach, Florida 33139
With copies to:
City Clerk
City Clerk Office
1700 Convention Center Drive
Miami Beach, Florida 33139
For Contractor:
Miami Beach Bicycle Center Inc
746 5`" Street
Miami Beach, FL. 33139
Attn: Alex Ruiz
Phone: 305-674-0150
E-mail: alex(rDbikemiaminbeach.com
L. MATERIALITY AND WAIVER OF BREACH - City and Contractor agree that each
requirement, duty, and obligation set forth in the Contract Documents is substantial and
important to the formation of this Contract and, therefore, is a material term hereof.
City's failure to enforce any provision of the Contract Documents shall not be deemed a
waiver of such provision or modification of this Contract. A waiver of any breach of a
provision of this Contract shall not be deemed a waiver of any subsequent breach and
shall not be construed to be a modification of the terms of this Contract.
M. SEVERANCE - In the event a portion of this Contract and/or the Contract Documents is
found by a court of competent jurisdiction to be invalid, the remaining provisions shall
continue to be effective unless City or Contractor elects to terminate this Contract. An
election to terminate this Contract based upon this provision shall be made within seven
(7) days after the finding by the court becomes final.
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Certification of Contract
N. APPLICABLE LAW AND VENUE - This Contract and/or the Contract Documents shall
be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either
party with respect to the enforcement of any or all of the terms or conditions herein
exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By
entering into this Contract, Contractor and City hereby expressly waive any rights
either party may have to a trial by jury of any civil litigation related to, or arising
out of the Contract and/or the Contract Documents. Contractor, shall specifically
bind all subcontractors to the provisions of this Contract and the Contract
Documents.
O. AMENDMENTS - No modification, amendment, or alteration in the terms or conditions
contained herein, or in the Contract Documents, shall be effective unless contained in a
written document prepared with the same or similar formality as this Contract and
executed by the City and Contractor.
P. This Contract shall not be effective until all bonds and insurance(s) required under the
Contract Documents have been submitted to, and approved by, the City's Risk Manager.
Q. The ITB and Contractor's bid in response thereto, are attached to this Contract and are
hereby adopted by reference and incorporated herein as if fully set forth in this Contract.
Accordingly, Contractor agrees to abide by and be bound by any and all of the
documents incorporated by the Contract Documents. Where there is a conflict between
any provision set forth within (i) this Contract; (ii) the ITB; and /or (Hi) Contractor's bid in
response thereto, the more stringent provision (as enforced by the City) shall prevail.
R. Contractor shall have no entitlement to perform any services hereunder, or to be
compensated for any services, unless set forth in a written Purchase Order.
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Certification of Contract
IN WITNESS WHEREOF the City and Contractor have caused this CerrQ�ification of
Contract to be signed and attested on this 9 day of ID , 20 1X, by their
respective duly authorized representatives.
MIAMI BEACH BICYCLE CENTER INC. CITY OF MIAMI BEACH
BY I B
P e ident/ Signature Mayor
--i0/1-6( Uy wiz/
Print Name
ATTEST: ATTEST:
Ar`4 -
Secre ary/ ig 'lure Rafael ff. Grana o, City Clerk
Print Name Date
Da e
APPROVED AS TO
FORM &LANGUAGE
&FOR EXECUTION
" City Attorney fLAP Date
5
ATTACHMENT A
RESOLUTION COMMISSION ITEMS AND COMMISSION
MEMORANDUM
Competitive Bid Reports-C7 0
MIAMI BEACH
COMMISSION MEMORANDUM
TO: Honorable Mayor and Members of the City Commission
FROM: Jimmy L. Morales, City Manager
DATE: September 12, 2018
SUBJECT: REQUEST FOR APPROVAL TO AWARD A CONTRACT PURSUANT TO INVITATION TO BID
(ITB) NO. 2018-043-AK PURCHASE OF BICYCLES, PARTS, ACCESSORIES AND REPAIR
SERVICES.
RECOMMFNDATION
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 2018-043-AK for Purchase of Bicycles, Parts,
Accessories and Repair Services.
ANAI YSI%
The Police and Parks & Recreation Departments require bicycles to operate efficiently throughout their assigned areas. The
City has a current inventory of 120 bicycles, and purchases approximately 20 bicycles per year. Therefore, in an effort to meet
the departmental needs, the Procurement Department issued Invitation to Bid ("ITB") 2018-043-AK for Purchase of Bicycles,
Parts, Accessories and Repair Services. The ITB seeks to establish a contract that will provide access to: 1) vendor(s) that
provide greatest fixed percentage discount based on the manufacturer's suggested retail price for purchase of bicycles;2)select
vendor(s) that provide greatest fixed percentage discount based on the manufacturer's suggested retail price for bicycle parts
and accessories; 3)select vendor(s)that provide bicycle repair services.
ITB PROCFSS
Invitation to Bid (ITB)2018-043-AK,for Purchase of Bicycles, Parts,Accessories and Repair Services,was issued on March 9,
2018, with a bid opening date of April 27, 2018. The Procurement Department issued bid notices to 65 companies utilizing
www.publicpurchase.com website. The notices resulted in the receipt of three (3) responses from: Mack Cycle and Fitness,
Miami Beach Bicycle Center Inc., and Volcanic Manufacturing LLC. Staff has evaluated the responses and determined that
Mack Cycle and Fitness, Miami Beach Bicycle Center Inc., and Volcanic Manufacturing LLC have met the requirements of the
ITB.
After consideration and evaluation of all bids received pursuant to ITB 2018-043-AK, staff recounends that the City Manager,
approve the award to all responsive, responsible bidders,and further authorize the execution of contracts as follows for the listed
categories:
Group A Purchase and delivery of bicycle
Vendor Name Manufacturer Percentage(%)
Discount of MSRP
CANNONDALE
ELECTRA
MACK CYCLE AND
FITNESS GIANT 16%
SCHWINN
SPECIALIZED BIKE
FAT BIKES
FUJI POLICE BIKES
MIAMI BEACH GT BIKE
BICYCLE CENTER KONA 10%
INC. SAFARILAND PATROL
BIKE
SCOTT
VOLCANIC FAT BIKE(Alternate)
MANUFACTURING MONTAGUE POLICE BIKE 0%
LLU l(wternate)
Group B Bicycle parts and accessories
Vendor Name Manufacturer Percentage(%)
Discount of MSRP
CANNONDALE
MACK CYCLE AND ELECTRA
FITNESS GIANT _ 20%
SCHWINN
SPECIALIZED BIKE
CANNONDALE
FAT BIKES r
ELECTRA
FUJI POLICE BIKES
MIAMI BEACH GT BIKE
BICYCLE CENTER KONA 20%
INC. SAFARILAND PATROL
BIKE
SCHWINN
SCOTT
SPECIALIZED BIKE
VOLCANIC FAT BIKE(Equivalent)
MANUFACTURING MONTAGUE POLICE BIKE 20%
LLC (Alternate)
Group C Bicycle repair services
Repair Supplies&Materials
Vendor Name Manufacturer Services Percentage(%)Discount
Hourly Rate of MSRP
CANNONDALE
ELECTRA
MACK CYCLE GIANT $50/hour 10%
AND FITNESS SCHWINN
SPECIALIZED
BIKE
FAT BIKES
FUJI POLICE
MIAMI BEACH BIKES
BICYCLE GT BIKE $70/hour 10%
CENTER, INC. KONA
SAFARILAND
PATROL BIKE
SCOTT
Below is a brief summary of the companies:
Mack Cycle and Fitness
Mack Cycle and Fitness has been in business for 61 years and has been recognized by the industry as a 5 Star Top 100 Bike
Store in the country, providing bicycles, apparel,cycling clothing sales,and repairs services.
Miami Beach Bicycle Center, Inc.
Miami Beach Bicycle Center, Inc., has been in the bike industry nearly four decades, serving South Honda bicycle community.
Miami Beach Bicycle Center, Inc., provides bicycle and accessories sale, repairs, and rental services. Miami Beach Bicycle
Center, Inc., has been a vendor for the City since 2005 and has performed well.
Volcanic Manufacturing LLC
In 2005 Volcanic Bikes secured its first contract and began building Approach Patrol Bicyles for its first satisfied customer, the
City of Seattle. Years later, Volcanic is covered by departments all over the U.S. and is generating interest and sales
internationally.
Accordingly, staff recommends award to Mack Cycle and Fitness, Monti Beach Bicycle Center, Inc., and Volcanic Manufacturing
LLC as lowest,responsible bidder per groups as indicated above and in the bid tabulation(Attachment A).
CONCLUSION
After considering staffs recommendation and the bid received. pursuant to ITB 2018-043-AK, I recomrnend that the Mayor and
City Commission of the City of Miami Beach, Florida, approve the award of a contract to Mack Cycle and Fitness, Miami Beach
Bicycle Center, Inc., and Volcanic Manufacturing LLC, as indicated in the table above, and further authorize the Mayor and City
Clerk to execute the contracts.
Legislative Tracking
Police/Procurement
ATTACHMFNT5.1
Description
o Attachment
ATTACHMENT B
INVITATION TO BID (ITB)
AND ADDENDUMS
MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue. 3' Floor, Miami Beath, Florida 33139, www.miamibeachfl.gov
ADDENDUM No. 2
ITB 2018.043-AK
PURCHASE OF BICYCLES, PARTS, ACCESSORIES AND REPAIR SERVICES
April 23, 2018
This Addendum to the above-referenced ITB is issued in response to clarifications and revisions issued
by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough
and additions are underlined).
I. MODIFICATIONS:
ITB DUE DATE AND TIME. The deadline for the receipt of proposals is extended until
3:00 p.m., on Friday, April 27, 2018, at the following location:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3`° 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.
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
RafaelGranadona 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 ITB submission.
Potential proposers that have elected not to submit a response to the ITB are requested to complete and
retur • .pendix B questionnaire with the reason(s)for not submitting a proposal.
n a - / V `
� 1--Ln
ex ifs
roc : ent Director
I ADDENDUM No.2
ITB 2016043-AK
MIAMIBEACH
City of Miami Beach, 1755 Meridian Avenue, 3" Floor, Miami Beach, Florida 33139, vnrw.miamibeachtl.gov
ADDENDUM No. 1
ITB 2018-043-AK
PURCHASE OF BICYCLES, PARTS, ACCESSORIES AND REPAIR SERVICES
April 17, 2018
This Addendum to the above-referenced ITB is issued in response to clarifications and revisions issued
by the City. The ITB is amended in the following particulars only (deletions are shown by strikethrough
and additions are underlined).
I. MODIFICATIONS:
ITB DUE DATE AND TIME. The deadline for the receipt of proposals is extended until
3:00 p.m., on Monday, April 23, 2018, at the following location:
City of Miami Beach
Procurement Department
1755 Meridian Avenue, 3'" 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.
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
RafaelGra nado@m is mibeachfl.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 ITB submission.
Potential proposers that have elected not to submit a response to the ITB are requested to complete and
recur v Appendix B questionnaire with the reason(s)for not submitting a proposal.
Shite
ex De *4
rocurement Director
1 ADDENDUM No.1
ITB 2018-043-AK
INVITATION TO BID (ITB)
PURCHASE OF BICYCLES, PARTS, ACCESSORIES AND REPAIR SERVICES
2018-043-AK
BID ISSUANCE DATE: MARCH 9, 2018
BID DUE: APRIL 20, 2018@ 3:00 PM
ISSUED BY: ANETA KAMYCZEK
m 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
BEACH'
TABLE OF CONTENTS
SOLICITATION SECTIONS: PAGE
0100 NOT UTILIZED 2
0200 INSTRUCTIONS TO BIDDERS& GENERAL CONDITIONS 3
0300 BID SUBMITTAL INSTRUCTIONS& FORMAT 16
APPENDICES:
APPENDIX A PROPOSAL CERTIFICATION, QUESTIONNAIRE AND AFFIDAVITS 18
APPENDIX B "NO BID" FORM 24
APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 26
APPENDIX D SPECIAL CONDITIONS 30
APPENDIX E COST PROPOSAL FORM 32
APPENDIX F INSURANCE REQUIREMENTS 36
ITB 2018-043-AK 2
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SECTION 0200 INSTRUCTIONS TO BIDDERS
1.GENERAL.
This Invitafion 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 City has a current inventory of 120 bicycles, and purchases approximately 20 bicycles per year. The purpose of
this solicitation is to establish a contract for purchase bicycles, parts and accessories, repair services, as specified
herein,with the vendor that will give prompt and effective service compliant with the pricing terms and conditions and
stipulations. The intent of this solicitation is to: 1) select vendor(s) that provide greatest fixed percentage discount
based on the manufacturers suggested retail price for purchase of bicycles; 2)select vendor(s)that provide greatest
fixed percentage discount based on the manufacturer's suggested retail price for bicycle parts and accessories; 3)
select vendor(s) that provide bicycle repair services. Interested firms may: submit a bid response solely for Group A
(Bicycle Purchase); or, Group B (Bicycle Parts and Accessories); or, Group C(Bicycle Repair Services); or, for all or
any combination of Groups A, B, C. The requirements and specifications are further detailed herein and, specifically
in Appendix C.
3.SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows:
ITB Issued March 9,2018
Pre-Bid Meeting N/A
Deadline for Receipt of Questions April 11, 2018 at 5:00PM
Responses Due April 20,2018 at 3:00PM
Tentative Commission Approval Authorizing Award May,2018
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 anetakamvczek(idmiamibeachff.gov
•dddionally. the City Clerk is to oe copied on all communications via e-mail at RafaelGranado' miamibeachfl.gov.
.r via facsimile. 786-394-4188.
The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be
ITB 2018-043-AK 3
BEACH
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.
4. PRE-BID MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-bid meeting or site visit(s)
may be scheduled.
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,3s 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(1011-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 forwardedto 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?clientID=13097&statel0=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@miamibeach8.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://www.miamibeachf.Qov/citv-
hall/orocu rement/procurement-related-ordinance-and-procedures/
CONE OF SILENCE CITY COOE SECTION 2-486
PROTEST PROCEDURES CITY CODE SECTION 2-371
DEBARMENT PROCEEDINGS . CITY CODE SECTIONS 2397 THROUGH 2485.3
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
[TB 2018-043-AK 4
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• LIVING WAGE REQUIREMENT CITY CODE SECTIONS 2-407 THROUGH 2410
• 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
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. JOINT VENTURES. Joint Ventures are not allowed. Proposals shall be submitted only by the prime contractor
who will serve as the CMR. The City will only contract with the prime contractor who will serve as the CMR.
Proposals may, however, identify other sub-contractors or sub-consultants to the prime Proposer who may serve as
team members.
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
ITB 2018-043-AK 5
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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 Managers recommendation(s)and,
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 two or more vendors (primary, secondary, tertiary, or higher), as
available, by line item, by group or in its entirety, beginning with lowest, responsive, responsible bidder (primary),
followed by the second lowest, responsive, responsible bidder (secondary), and continuing with other responsive,
responsible bidders in order of next best cost. 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 Managers 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
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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.
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
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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.
My interpretation of the Bid, including, without limitation, responses to questions and request for clarification(s)from
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
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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.
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 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.
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. NOT USED.
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
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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.
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
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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.
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.
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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 famish to the City any and
all documentation, certification, authorization, license, permit, or registration currently required by applicable laws,
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
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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
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.
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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 Veteran Preference ordinances will dictate the manner by which a tie is to be resolved. In the
event of a continued tie after the Veteran Preference ordinances have been applied or the tie exists between bidders
that are not 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
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 lake 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
ITB 2018-043-AK 14
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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 2018-043-AK 15
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 cleady marked on the face of the envelope or
container in which the bid is submitted: Bid Number, Bid Title, Bidders Name, 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.
FAILURE TO SUBMIT THE MOST RECENT COST PROPOSAL FORM (EITHER INCLUDED IN THE
ORIGINAL ITB OR RELEASED VIA AN ADDENDUM) MAY RESULT IN BID BEING DEEMED NOT
RESPONSIVE AND NOT BEING FURTHER CONSIDERED.
• TAB 2-Bid Certification,Questionnaire and Affidavits(Appendix B).
• TAB 3—Submittal Requirements requested in Appendix C, Minimum Requirements.
• Group A and B.
1. Bidder shall be authorized by manufacturer to sell the brand of bicycles, parts and accessories
proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from manufacturer
identifying the bidder as authorized to sell proposed bicycles, parts and accessories.
Group C
1. Bidder shall be authorized by manufacturer to repair brand of bicycles proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from manufacturer
identifying the bidder as authorized to repair proposed product.
2. Repair services shall be performed at bidder facility located no more than a 15-mile radius from the
Police Department located at 1100 Washington Avenue, Miami Beach, FL 33139.
ITB 2018-043-AK 16
The City reserves the right to request any documentation omitted,with exception of the Cost Proposal Form
(Appendix E), Proposal Certification,Questionnaire& Requirements Affidavit(Appendix A), and Bid Bond(if
applicable). Bid Submittals received that do not include the Cost Proposal Form, completed as required and fully
executed, or Bid Bond (if applicable) shall be deemed non-responsive. Bidder must submit any omitted
documentation within three(3)calendar days upon request from the City,or the bid may be deemed non-responsive.
Non-responsive bid packages will receive no further consideration.
2. 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 2018-043-AK 17
APPENDIX "A"
MIAM BEACH
Proposal Certification ,
Questionnaire &
Requirements Affidavit
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-043-AK 18
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Sokitalm No: Salldlaam The:
2018-043-AK BICYCLE:PURCHASE,PARTS,ACCESSORIES AND REPAIR SERVICES
Procurement Contact Tel: Email.
Aneta Kamyczek (305)673-7000 x 6455 anetakamyczek@miamibeachfl.gov
PROPOSAL CERTIFICATION, QUESTIONNAIRE S 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: NO.OF EMPLOYEES:
OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS:
FIRM PRIMARY ADDRESS(HEADQUARTERS).
CRY:
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 TM 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 capadty of the Proposer to perform in accordance with contract requirements.
ITB 2018-043-AK 1 8
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1. Veteran Owned Business.Is Pro ser claiming a veteran owned business status?
I YES 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(SCR)directly to the Procurement Contact named herein. No proposal will be considered without receipt, by
Me City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SCR shall be the responsibility of the
Proposer. The Proposer shall request - the SCR report from D&B at
httos:f/supplierportal.dnb.comhvebarmhvcs/stores/servleUSuDDIierPortal?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 SCR 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 800424.2495.
SUBMITTAL REQUIREMENT: Proposer shall request that Dun & Bradstreet submit its Supplier Qualifier Report directly to the
City,with bid or within three(3)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
disdose 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 solidtation.
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- rformance by a,Yn Public sector agency?
YES I I NO
SUBMITTAL REQUIREMENT: If answer to above is "YES,"Proposer shall submit a statement detailing the reasons that led to
adonis).
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
City shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Department 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 fine'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 http://www.miamibeachfl.dov/citv-halVaauremenf/procurement-relatedordinance-and-procedures/
8. Living Wage. Pursuant to Section 2-408 of the City of Miami Beach Code, as same may be amended from time to time,covered
ITB 2018-043-AK 19
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employees shall be paid the required living wage rates listed below:
1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than $11.62 per hour with
health care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care
benefits.
2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than$11.70 per hour with
health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care
benefits.
3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with
health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15.00 per hour without health care
benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consumers(CPI-U)Miami/Ft.Lauderdale,issued by the U.S. Department of Labor's
Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by
resolution,elect not to index the living wage rate in any particular year,if it determines it would not be fiscally sound to implement
same(in a particular year).
Proposers'failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is
available at http:lhvww.miamibeachfl.qov/dty-halVorocurement/procurement-related-ordinance-and-procedures/
SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document,Proposer agrees
to the Irving wage requirement.My payroll request made by the City during the contract term shall be completed electronically via
the City's electronic compliance portal,LCP Tracker(LCPTracker.net).
9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners,Wien 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 employees?
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 City
Manager,or his designee. Approval is not guaranteed and the City Manager's derision is final. Further information on the Equal
Benefits requirement is available at htto:// ww.miamibeachtQov/dN-halllorocurementlmocurement-related-ordinance-and-
procedures) •
ITB 2018-043-AK 20
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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,cc 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. 287017 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,Flodda Statutes,and certifies it has not been placed an 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 adapted and employs written policies,
practices,and standards that are consistent with the Citys 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 applicants 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 far 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, PublicPurdtase.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 addenda may result in proposal disqualification.
Initial to Cmfimi 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 2018-043-AK 21
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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 liadtity 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 recipients 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 solicitaton,the selection and the award process,or whether any award will be
made.Any recipient of this solicitation who responds hereto hilly 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.My 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 partes.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 lime selected for opening the responses.At that fime, 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.
1TB 2018-043-AK 22
BEACH'
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 Pro....al Certification,Questionnaire and Re.uirements Affidavit are true and accurate.
Name of Proposers Autlwt zed Representative: Title of Proposers Aubodzed Representative:
Signature of Ropusds Aaidndxed Representative: Date:
State of FLORIDA I 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 2018-043-AK 23
1 ' BEACH
APPENDIX B
M AMI BEACH
" No Bid " Form
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
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.
LTB 2018-043-AK 24
'. BEACH
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:Meta Kamyczek
ITB No.2018-043-AK
1755 Meridian Avenue,3"Floor
Miami Beach,FL 33139
ITB 2018-043-AK 25
BEACH
APPENDIX C
MIAMI BEACH
Minimum Requirements
& Specifications
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-043-AK 26
1. 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.
Group A and B.
1. Bidder shall be authorized by manufacturer to sell the brand of bicycles, parts and
accessories proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from
manufacturer identifying the bidder as authorized to sell proposed bicycles, parts
and accessories.
Group C
1. Bidder shall be authorized by manufacturer to repair brand of bicycles proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from
manufacturer identifying the bidder as authorized to repair proposed product.
2. Repair services shall be performed at bidder facility located no more than a 15-mile
radius from the Police Department located at 1100 Washington Avenue, Miami Beach,
FL 33139.
2. GENERAL STATEMENT OF WORK.
1. GROUP A—PURCHASE OF BICYCLES
Vendors shall provide new bicycle(s) fully assembled and ready to use. Bicycles shall conform to
all manufacturer standards and shall include all safety features recommended by the manufacturer,
as standard equipment. The City may purchase the following types, including but not limited to:
Mountain Bicycles, Cruiser Bicycles, Surrey Bicycles, etc.
BRANDS.
The brands listed below are the brands most utilized by the City. Vendors may submit bids for one
or more brands. Vendors are not required to submit bids on all brands. The percentage discount
offered must be consistent across the entire brand.
• AMERICAN EAGLE
• BIANCHI
• CANNONDALE
• CERVELO
• COLNAGO
• COLUMBIA BICYCLE
• CO-MOTION CYCLES
• ELECTRA
ITB 2018-043-AK 27
• FAT BIKES
• FUJI POLICE BIKES
• FORCE PATROL BIKES—POLICE BIKES
• GIANT
• GT BIKE
• KONA
• LIFESPEED
• MERIDA
• MONTAGUE POLICE BIKE
• ORBEA
• SAFARILAND PATROL BIKE
• SALSA
• SANTA CRUZ BIKE
• SCHWINN
• SCOTT
• SEVEN CYCLES
• SMITH &WESSON POLICE BIKE
• SPECIALIZED BIKE
• SURLY BIKES
• TREK
2. GROUP B— BICYCLE PARTS AND ACCESSORIES
Vendor(s) shah provide new parts and accessories, as required by the City. These parts may
include, but are not limited to: chains, pedals, seats, seat leashes, shocks, wheels, tires, lights,
baskets, handlebars, brakes, tune-up etc.
3. GROUP C—BICYCLE REPAIR SERVICES
Vendor(s) shall provide repair services for bicycle brands for the manufacturer(s) authorized by the
vendor. All repairs shall be performed at the vendor's repair shop, in accordance with
manufacturer's standards and best practices in the industry. The City shall require the vendor to
pick up and deliver the bicycles needing repairs.
List of the most common bicycle repair services for the past year:
• Axle installation
• Bike build
• Brake Cable F(cable and housing included)
• Brake Cable R(cable and housing included)
• Brake installation Caliper
• Brake Installation Disc
• Brake Pads installation
• Chain Adjustment
• Chain clan and lube
• Chain installation
• Gear Adjustment
• Kick stand installation
ITB 2018-043-AK 28
• Lights, bells, grips, locks, mirrors, valve caps installation
• Lube
• Pedal Installation
• Seat post installation
• Tube or tire installation
• Tune up (front/rear wheel)
• Tune wash
• Water bottle cage installation
• Wash, lube and tune
• Wash and lube
The remainder of this Pape was left intentionally blank.
ITB 2018-043-AK 29
APPENDIX D
M AM BEACH
Special Conditions
ITB No . 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Ave, 3rd floor
Miami Beach, Florida 33139
ITB 2018-043-AK 30
1. TERM OF CONTRACT. The contract(s) entered into with the successful proposer(s) will have an initial
term of three (3)years.
2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2)
additional one-year periods subject to the availability of funds for succeeding fiscal years.
3. PRICES AND/OR PERCENTAGE SHALL BE FIXED. All prices and/or percentage discount quoted in
the awardee's bid submittal shall remain firm, unless amended in writing by the City.
4. PROHIBITION AGAINST THE SALE. The Successful Bidder will not sell or distribute any item(s) with
the City of Miami Beach name or logo thereon to the general public.
5. DELIVERY. The vendor shall make deliveries within 30 calendar days after the date of the order unless
otherwise agreed with the requesting department. All deliveries shall be made in accordance with good
commercial practice and all required delivery timeframes shall be adhered to by the vendor(s); except in
such cases where the delivery will be delayed due to acts of nature, strikes, or other causes beyond the
control of the vendor. In these cases, the vendor shall notify the City of the delays in advance of the
original delivery date so that a revised delivery schedule can be appropriately considered by the City.
6. SHIPPING TERMS: F.O.B DESTINATION FREIGHT PREPAID AND ADD. Prices shall include freight
to City's premises to include inside delivery, and shall be F.O.B. Destination, Freight Prepaid and Add.
Vendor shall pay the freight and adds the freight charges to its invoice to the City.
7. PACKING SLIP/DELIVERY TICKET TO ACCOMPANY ITEMS DURING DELIVERY. The Successful
Bidder shall enclose a complete packing slip or delivery ticket with any items to be delivered in
conjunction with this bid solicitation. The packing slip/delivery ticket shall be attached to the shipping
carton(s) and shall be made available to the designated Contract Administrator during delivery/pickup.
The packing slip or delivery ticket shall include, at a minimum, the following information: name of
employee(s) receiving item, purchase order number, date of order, a complete listing of items being
delivered/picked up and back-order quantities and estimated delivery of back-orders, if applicable.
8. INVOICING. The vendor shall submit an invoice to the City user department(s) that requested the items
through a purchase order. The date of the invoices shall not exceed thirty (30) calendar days from the
delivery of the items. Under no circumstances shall the invoice be submitted to the City in advance of
the delivery and acceptance of the items. In addition the invoice shall reference (or include a copy of)
the corresponding delivery ticket number or packing slip number that was signed by an authorized
representative of the City user department at the time the items were delivered and accepted. Failure to
submit invoices in the prescribed manner will delay payment.
The vendor shall provide the City with the demonstration of MSRP discount pricing for
scheduled items during the quote process. At no time should the items exceed MSRP or
Published Price.
9. MATERIALS SHALL BE NEW AND WARRANTED AGAINST DEFECTS. The Bidder hereby
acknowledges and agrees that all materials/products, except where recycled content is specifically
requested, supplied by the Bidder in conjunction with this Bid shall be new, warranted for their
merchantability, and fit for a particular purpose. In the event any of the materials/products supplied to
the City by the Bidder are found to be defective or do not conform to specifications, the City reserves the
right to cancel the order and return such materials/products to the Bidder to replace the
materials/products at the Bidder's expense.
ITB 2018-043-AK 3
APPENDIX E
MIAMI BEACH
Cost Proposal Forms
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITR 2018-043-AK 32
APPENDIX E
COST PROPOSAL FORM–GROUP I
Failure to submit Section 5,COST PROPOSAL 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 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 Proposal Tender
Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms
(Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Proposal
Tender Form (Appendix E) shall be initialed.
GROUP A BICYCLE PURCHASE
Item Brand Percentage(%)Discount of MSRP
Al AMERICAN EAGLE
A2 BIANCHI
A3 CANNONDALE —%
A4 CERVELO
A5 COLNAGO
A6 COLUMBIA BICYCLE
A7 CO-MOTION CYCLES —%
A8 ELECTRA
A9 FAT BIKES
A10 FUJI POLICE BIKES
All FORCE PATROL BIKES–POLICE BIKES
Al2 GIANT
A13 GT BIKE
A14 KONA %
A15 LIFESPEED
A16 MERIDA
All MONTAGUE POLICE BIKE %<
Al8 SAFARILAND PATROL BIKE
A19 SALSA
A20 SANTA CRUZ BIKE
A21 SCHWINN —%
A22 SCOTT
A23 SEVEN CYCLES
A24 SMITH &WESSON POLICE BIKE
A25 SPECIALIZED BIKE %
A26 SURLY BIKES —%
A27 TREK —%
ITB 2018-043-AK 33
*Prices shall not Include delivery Lust
GROUP B BICYCLE PARTS AND ACCESSORIES
Item Brand Percentage(%)Discount of MSRP
Al AMERICAN EAGLE
A2 BIANCHI
A3 CANNONDALE
A4 CERVELO
A5 COLNAGO —%
A6 COLUMBIA BICYCLE
A7 CO-MOTION CYCLES
A8 ELECTRA
A9 FAT BIKES
Al0 FUJI POLICE BIKES
All FORCE PATROL BIKES –POLICE BIKES
Al2 GIANT
A13 GT BIKE %
A14 KONA %
A15 LIFESPEED %
Al6 MERIDA %
All MONTAGUE POLICE BIKE
Alb SAFARILAND PATROL BIKE —%
A19 SALSA —%
A20 SANTA CRUZ BIKE %
A21 SCHWINN
A22 SCOTT
A23 SEVEN CYCLES
A24 SMITH &WESSON POLICE BIKE
A25 SPECIALIZED BIKE
A26 SURLY BIKES
A27 TREK
*Prices shall not include delicen Lust.
The remainder of this page was left intentionally blank.
ITB 2018-043-AK 34
GROUP C REPAIR SERVICES
'.. Estimated Net Cost to the City
Annual Service
Description ', VIM Hours Unit Cost (c)
(a) (a_x_b)=c
1. Repair Service Hourly Rate 100 $ $
Estimated Annual .. Percentage(%)Discount of Discount amount Net Cost to the City
Description Expenditures MSRP (c) (d)
(a) (b) (a x b) (a-c)=d
2 Sue dies B Materials $29,000
Total Group C(1 through 2): $
Bidder's Affirmation
Company.
Authorized Representative:
Address'.
Telephone.
Email:
Authorized Representative's Signature.
The remainder of this page was left intentionally blank
35
ITB 2018-043-AK
APPENDIX F
MIAMI BEACH
Insurance Requirements
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1 755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
r
ITB 2018-043-AK 36
M AM1 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.
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-$1,000,000 each occurrence -owned/non-ownedlhired automobiles included.
4. Excess Liability-$ .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 2018-043-AK 37
ATTACHMENT C
CONSULTANTS RESPONSE TO THE ( ITB)
Detail by FEI/EIN Number Page 1 of 2
_err at Su_
5;411 ,.brg , ,
Department or State Division of Corcoraeons f Search Records / Detail Ss Document Number /
Detail by FEI/EIN Number
Florida Profit Corporation
MIAMI BEACH BICYCLE CENTER, INC.
Filing Information
Document Number G80983
FEIIEIN Number 59-2355364
Date Filed 12/22/1983
State FL
Status ACTIVE
Principal Address
746 5th Street
MIAMI BEACH, FL 33139
Changed:01/15/2016
Mailing Address
746 5TH STREET
MIAMI BEACH, FL 33139
Changed:01/15/2016
Registered Agent Name&Address
RUIZ, JOAQUIN R
746 5th Street
MIAMI BEACH, FL 33139
Address Changed:01/15/2016
Officer/Director Detail
Name&Address
Title PTD
RUIZ,JOAQUIN R
746 5th Street
MIAMI BEACH, FL 33139
Title SD
RUIZ,ALEIDA
746 5th Street
MIAMI BEACH, FL 33139
http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai I?inq... 9/13/2018
Detail by FEI/EIN Number Page 2 of 2
Title VP
RUIZ. DANIEL
746 5th Street
MIAMI BEACH, FL 33139
Title VP
RUIZ,ALEXANDER
746 5th Street
MIAMI BEACH, FL 33139
Annual Reports
Report Year Filed Date
2016 01/15/2016
2017 01/09/2017
2018 01/16/2018
Document Images
01/16/2018-ANNUAL REPORT View image in PDF format
01,09/2017-ANNUAL REPORT View image in PDF format
0111512019.-ANNUAL REPORT View image in PDF format
01/20/2015 ANNUAL REPORT View image in PDF lona!
01100/2014-ANNUAL REPORT View image in POF formal
02105120/3--ANNUAL REPORT View image in PDF lomat
01/05/2012-ANNUAL REPORT View image in PDF formal
01113/2011.-ANNUAL REPORT View image in PDF formal
01/04/2010-ANNUAL REPORT View image in PDF formal
03,30/2009 ANNUAL REPORT View image in PDF formal
01103I2008-ANNUAL REPORT View image in POF format
01/18/2007 ANNUAL REPORT View image In POE format
02/20/2006-ANNUAL REPORT View image in POF format
02/15/2005-ANNUAL REPORT View image in PDF format
021162004-ANNUAL REPORT View image in PDF format
02/12/2003..ANNUAL REPORT View image in PDF format
07/23/2002-ANNUAL REPORT View image in PDF format
03/14/2001--ANNUAL REPORT View image In PDF formal
0328/2000-ANNUAL REPORT yew Image in PDF formal
04/13/1999-ANNUAL REPORT View image in PDF formal
04/15/1993-ANNUAL REPORT View image in PDF formal
03/18/1997-ANNUAL REPORT View image in POF format
05/01/1996 ANNUAL REPORT View image in PDF format
04/28/1995-ANNUAL REPORT View image In PDF format
hap://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inq... 9/13/2018
APPENDIX E
MIAMI BEACH
Cost Proposal Forms
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-043-AK - 32
APPENDIX E
COST PROPOSAL FORM-GROUPI
Failure to submit Section 5.COST PROPOSAL 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 Proposal Tender
Form (Appendix E) shall be completed mechanically or, if manually, in ink. Cost Proposal Forms
(Appendix E) completed in pencil shall be deemed non-responsive. All corrections on the Proposal
Tender Form(Appendix E)shall be initialed.
GROUP A BICYCLE PURCHASE
Item Brand Percentage(%)Discount of MSRP
Al AMERICAN EAGLE _ °A
A2 BIANCHI %
A3 CANNONDALE la%
A4 CERVELO
A5 COLNAGO
A6 COLUMBIA BICYCLE
A7 CO-MOTION CYCLES Y°
A8 ELECTRA
A9 FAT BIKES i.%
A10 FUJI POLICE BIKES
All FORCE PATROL BIKES-POLICE BIKES
Al2 GIANT
A13 GT BIKE 1C%
A14 KONA Se%
A15 LIFESPEED —%
A16 MERIDA
Al? MONTAGUE POLICE BIKE %<
A18 SAFARILAND PATROL BIKE L°A
A19 SALSA
A20 SANTA CRUZ BIKE %
A21 SCHWINN
A22 SCOTT SII%
A23 SEVEN CYCLES
A24 SMITH&WESSON POLICE BIKE
A25 SPECIALIZED BIKE 1C'%
A26 SURLY BIKES %
A27 TREK
1PH 2018-043-AK 33
•Pnces shall not include daily cost
GROUP B BICYCLE PARTS AND ACCESSORIES
Item - Brats Percentage(%)Discount of MSRP
Al AMERICAN EAGLE
A2 BIANCHI %
A3 CANNONDALE aa%
A4 CERVELO
A5 COLNAGO %
A6 COLUMBIA BICYCLE Y°
A7 CO-MOTION CYCLES %
A8 ELECTRA 32.°7°
A9 FAT BIKES az%
A10 FUJI POLICE BIKES do%
All FORCE PATROL BIKES-POLICE BIKES
Al2 GIANT
A13 GT BIKE �J%
A14 KONA %
A15 LIFESPEED
A16 MERIDA
Al7 MONTAGUE POLICE BIKE
Ala SAFARILAND PATROL BIKE aD%
A19 SALSA %
A20 SANTA CRUZ BIKE
A21 SCHWINN act%
A22 SCOTT a,2%
A23 SEVEN CYCLES —%
A24 I SMITH&WESSON POLICE BIKE
A25 SPECIALIZED BIKE ,.>-)%
A26 SURLY BIKES %
A27 I TREK ate%
•Priees shall not include delivery cost.
The remainder of this page was left intentionally blank.
ITB 2018-043-AK 34
GROUPCREPAIRSERVIES
Estimated - Net Cost to the City
Annual Service
411M.: - F?ans
grill Cast ".
1. Repair Service Hourly Rate 100 $ 1 O $ 1,ccr
Pertenhge %) '.
,r E.§tttneledArwuaf � Discount W - Discount amount Net Cost to the City
tv528 . ExPerightures MSRp (c) td)
2 Su.dies&Materials $29,000 1t:% $2,`N $ o
Total Group C(1 through 2): $ "z3. loo
ar.{fir
Authorized Representative:
Address: —I :-{} 5.*i.• S.Skccit) o,.,: 0,u—<k ¢I 3-' 3R
Telephone 3Cc; 614- ci3e
Email: ak x \ c_rs% ck. vTie Y.. ( v,-,
Authorized Repru entafve'e 9gnaba A,)(T,
The remainder of this pane was left intentionally blank
ITB 2018-043-AK 35
APPENDIX "A"
I vA\ rel V \ BEACH
Proposal Certification ,
Questionnaire &
Requirements Affidavit
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-043-AK 18
• -0A1 BEACH
SOIICIU n No: Solicitation Title:
2018-043-AK BICYCLE:PURCHASE,PARTS,ACCESSORIES AND REPAIR SERVICES
Procurement Contact Tel: EmaE:
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:
M, 4c t- (tri t-N, On
NO.OF YEARS IN BUSINESS'. l , , NO.OF YEARS IN BUSINESS LOCALLY: NO.OF EMPLQYEES'.
WAR1.4
S)MES)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: C�
FIRM PRIMARY ADDRESS(HEADQUARTERS): nye 5i'- 34 raA-
CITY: 11_
�I,&n- 0,(Ct.CA-.
STATE: ZIP CODE: 3"IL5A
TELEPHONE NO:
305- 61y-o1Co
TOLL FREE NO:
FAX NO..
FIRM LOCAL ADDRESS:
C4.ca6-6r'Jt,
CITY:
STATE: ZIPCODE:
PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: AI ZX R N Z
ACCOUNT REP TELEPHONE NO.:
3CS 614' •L c'
ACCOUNT REP TOLL FREE NO.:
ACCOUNT REP EMAIL-
C1/41 r)C;11Vh.tc rh, o.n., b2ac4X . Ln^.'
FEDERAL TAX IDENTIFICATION NO..
165;hLI-I
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 2018-043-AK - 18
if-,;v iBEACH
Veteran Owned Business.Is Proposer claiming a veteran owned business status?
YES NO
SUBMITTAL REQUIREMENT:Proposers claiming veteran owned business status shall submit a documentation proving that fine
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 8 Bradstreet to submit a Supplier
Quahficetion Report(SOR)directly to the Procurement Contact named herein.No proposal will be considered without receipt, by
the City, of the SOR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the
Proposer. The Proposer shall request the SOR report from D8B at:
https:Ilsupplierportaldnb.coMwebapplwcslstoreslservtetISUpplierPortal?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 8 Bradstreet submit its Supplier Qualifier Report directly to the
City,with bid or within three(3)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 8 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 8 Title,3)Address,4)Telephone,5)Contact's Snail 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 contrail cancelled due to non- erformance by an blic sector agency?
YES ISI 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 presaibed 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
City shall adopt a Code of Business Ethics ('Code, and submit that Code to the Procurement Department with its
proposallresponse 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 firms 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 http:llwww.miamibeachf.Qovlcity-hall/procuremenup ocurement-relatedordinanceand-procedures/
8. Living Wage.Pursuant to Section 2-408 of the City of Miami Beach Code,as same may be amended from time to time,covered
ITB 2018-043-AK 19
EACH
employees shall be paid the required living wage rates listed below
1. Effective January 1, 2018, covered employees must be paid a living wage rate of no less than$11.62 per hour with
heat care benefits of at least$2.26 per hour,or a living wage rate of no less than$13.88 per hour without health care
benefits,
2. Effective January 1, 2019, covered employees must be paid a living wage rate of no less than $11.70 per hour with
health care benefits of at least$2.74 per hour,or a living wage rate of no less than$14.44 per hour without health care
benefits.
3. Effective January 1, 2020, covered employees must be paid a living wage rate of no less than $11.78 per hour with
health care benefits of at least$3.22 per hour,or a living wage rate of no less than$15 00 per hour without health care
benefits.
The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation
using the Consumer Price Index for all Urban Consumers(CR-U)Miami/Ft.Lauderdale,issued by the U.S.Department of Labors
Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by
resolution,elect not to index the Irving wage rate in any particular year,if it determines it would not be fiscally sound to implement
same(in a particular year).
Proposers failure to comply with this provision shall be deemed a material breach under this proposal,under which the City may,
at its sole option, immediately deem said Proposer as non-responsive, and may further subject Proposer to additional penalties
and fines,as provided in the City's Living Wage Ordinance,as amended. Further information on the Living Wage requirement is
available at httoalwww.miamibeachfl.govlcity-halliprocurementlprocuremenl-related-ordinance-and-procedures)
SUBMITTAL REQUIREMENT:No additional submittal is required.By virtue of executing this affidavit document,Proposer agrees
to the living wage requirement.Any payroll request made by the City during the contract term shall be completed electronically via
the City's electronic compliance portal,LCP Tracker(LCPTracker.net).
9. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited
contracts valued at over 1100,000 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 >C 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 employees?
YES X 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:same 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 Finn does not
Employees with Empbyees 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 wilting 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 City
Manager,or his designee.Approval is not guaranteed and the City Manager's decision is final. Further information on the Equat
Benefits requirement is available at http:Ihwvw.miamibeache.govlcitv-halllprccurement/procurement-related-ordinance-and-
proceduresl
ITB 2018-043-AK 20
, . BEACH
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 contrail 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. 287017 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
Micckcippi,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 Not 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 conkacturs, as an employer, from inquiring
about an applicant's criminal history until the applicant is given a conditional offer of employment; (ll) 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 addenda may result in proposal disqualification.
Intial b Confine InifiS to Confirm Initial b Confirm
Receipt Receipt Receipt
az Addendum 1 Addendum 6 Addendum 11
Cg- 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.
ITB2018-043-AK
21
" BEACH
DISCLOSURE AND DISCLAIMER SECTION
The sotidlation referenced herein is being furnished to the recipient by the City of Miami Beach(the'Cit/')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 viability 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.
My 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 govem.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 2018-043-AK 22
t • , t_
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 Adoenda and understand that the following are requirement
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.
None of Proposer s AUMcdxed RepresetahvB 'Ale er Proposers Authorized Representative
A\cX Cr� 'I �Z r
Se .re of Pam 5A.nisoriPedReV Ir' .. Tinto
l
Q46 91,;(7.) it
State of FLORIDA ) On this 1b day of A w.1 20(ti,personally
appeared before mel..ar ._ P.', (who r]l"1^t'L4_ p'"rl
Countyof t.' - - flrcvel ) stated that (s)he is the \.'1ct t.d,k
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:
,A9'PJ�, David A. Peters -
x. !.; Notary musk for the State of Flo"
� Commission d GG084381
My Commission Expires' kAn""k t%.•
Expires:
Expires: March 16, 2021
' xc. Bonded thru Aaron Notary
Fru tf 2018-04 AK
r
APPENDIX C
iV\ IA.tv1 ; BEACH
Minimum Requirements
& Specifications
ITB No. 2018-043-AK
BICYCLE: PURCHASE, PARTS,
ACCESSORIES AND REPAIR SERVICES
PROCUREMENT DEPARTMENT
1755 Meridian Avenue, 3rd Floor
Miami Beach, Florida 33139
ITB 2018-043-AK 26
1. 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.
Group A and B.
1. Bidder shall be authorized by manufacturer to sell the brand of bicycles, parts and
accessories proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from
manufacturer identifying the bidder as authorized to sell proposed bicycles, parts
and accessories.
Group C
1. Bidder shall be authorized by manufacturer to repair brand of bicycles proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from
manufacturer identifying the bidder as authorized to repair proposed product.
2. Repair services shall be performed at bidder facility located no more than a 15-mile
radius from the Police Department located at 1100 Washington Avenue, Miami Beach,
FL 33139.
2. GENERAL STATEMENT OF WORK.
1.GROUP A—PURCHASE OF BICYCLES
Vendors shall provide new bicycle(s) fully assembled and ready to use. Bicycles shall conform to
all manufacturer standards and shall include all safety features recommended by the manufacturer,
as standard equipment. The City may purchase the following types, including but not limited to:
Mountain Bicycles,Cruiser Bicycles, Surrey Bicycles,etc.
BRANDS.
The brands listed below are the brands most utilized by the City. Vendors may submit bids for one
or more brands. Vendors are not required to submit bids on all brands. The percentage discount
offered must be consistent across the entire brand.
• AMERICAN EAGLE
• BIANCHI
• CANNONDALE
• CERVELO
• COLNAGO
• COLUMBIA BICYCLE
• CO-MOTION CYCLES
• ELECTRA
ITB 2018-043-AK _ 27
• FAT BIKES
• FUJI POLICE BIKES
• FORCE PATROL BIKES—POLICE BIKES
• GIANT
• GT BIKE
• KONA
• LIFESPEED
• MERIDA
• MONTAGUE POLICE BIKE
• ORBEA
• SAFARILAND PATROL BIKE
• SALSA
• SANTA CRUZ BIKE
• SCHWINN
• SCOTT
• SEVEN CYCLES
• SMITH&WESSON POLICE BIKE
• SPECIALIZED BIKE
• SURLY BIKES
• TREK
2.GROUP B—BICYCLE PARTS AND ACCESSORIES
Vendor(s) shall provide new parts and accessories, as required by the City. These parts may
include, but are not limited to: chains, pedals, seats, seat leashes, shocks, wheels, tires, lights,
baskets,handlebars,brakes, tune-up etc.
3.GROUP C—BICYCLE REPAIR SERVICES
Vendor(s)shall provide repair services for bicycle brands for The manufacturer(s) authorized by the
vendor. All repairs shall be performed at the vendors repair shop, in accordance with
manufacturer's standards and best practices in the industry. The City shall require the vendor to
pick up and deliver the bicycles needing repairs.
List of the most common bicycle repair services for the past year:
• Axle installation
• Bike build
• Brake Cable F(cable and housing included)
• Brake Cable R(cable and housing included)
• Brake installation Caliper
• Brake installation Disc
• Brake Pads installation
• Chain Adjustment
• Chain clan and lube
• Chain installation
• Gear Adjustment
• Kick stand installation
ITB 2018-043-AK 28
CODE OF BUSINESS ETHICS
Miami Beach Bicycle Center, Inc. has adopted the Code of Business Ethics, as required by City of
Miami Beach Resolution No. 2000-23879.
1. City of Miami Beach
Sgt Manuel Moraga 305-673-7776 ext 5668 manuelmoraga@mlamibeachfl.gov
Providing sales and service of bicycles and bicycle accessories since 1996
2. OW of Miami
Tahlia Gray- Buyer 305-416-1912 tgray@miamigov.com
Providing satex of bicycle rid bicycle rata essoritat 701.1
3. Miami-Dade County
Alexis Castro-Buyer 305-471-3264 alcastro@nidpd.com
Providing sales and service of bicycles and bicycle accessories since 2002
From: Alex Ruiz-Miami Bearh Birvrle Center
To: Kamvrnek Arleta
Subject: RE'. ITS 2018-043-AK Purchase of Bicycles,Parts, Accessories and Repair Services-documents deficiency
Date: Thursday,May 24,2018 5:51'03 PM
Attachments: ctnN t1 Attawtments htm
Tksmessage's contents have teen archived Ley the BarractCa Message Archiver.
ri47,1i> k.w.:.T.(9.9M)
Good Afternoon Ms Kamyczek,
Please find the attached documents asserting that we are authorized to sell the bikes that we
checked off in our bid. you'll notice that there is no documentation for Kona or Fat Bikes. Kona
makes the bikes for Safariland so they are one in the same. Fat Bikes is a brand of bikes that we are
in the process of becoming an authorized dealer. The City recently tested some of these bikes for 2
weeks which we assembled and will be able to sell if the city decides to move forward.
As for contributions to candidates, the only individual with a controlling financial interest is Joaquin
Ruiz and he has not made any donations to any candidates that have ran for or been elected to
office. If you have any further questions, please let me know. Thanks.
Sincerely,
Alex Ruiz
Miami Beach Bicycle Center
746 5th Street
Miami Beach, FL 33139
305-674-0150
www.bikemiamibearh coin
SEE INSIDE OUR SHOWROOM!
From: Kamyczek,Aneta [mailto:AnetaKamyczek@miamibeachfl.gov]
Sent: Tuesday, May 22, 2018 8:28 AM
To: 'Alex Ruiz - Miami Beach Bicycle Center'
Subject: ITB 2018-093-AK Purchase of Bicycles, Parts, Accessories and Repair Services- documents
deficiency
Importance: High
Good Morning,
The Procurement Department is currently reviewing Purchase of Bicycles, Parts, Accessories and Repair
Services bid submitted pursuant to ITS #2018-043-AK, specifically Minimum Requirements Group A, B and C
1, and Items#6 of Appendix A,indicates the following requirement.
Minimum Reauirements•
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.
Group A and B.
1. Bidder shall be authorized by manufacturer to sell the brand of bicycles, parts and accessories
proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from manufacturer
identifying the bidder as authorized to sell proposed bicycles, parts and accessories.
Group C
1. Bidder shall be authorized by manufacturer to repair brand of bicycles proposed.
SUBMITTAL REQUIREMENT: The bidder shall provide documentation from manufacturer
identifying the bidder as authorized to repair proposed product.
Appendix A.
6. Vendor Campaign Contributions. Proposals 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.
Proposals 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 Statement of Qualifications, in the event of such non-
compliance.
SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including yoursub-
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.
11.11' :-. r - -- - i did not include in its proposal documentations from manufacturer identifying
the bidder as authorized to sell and repair proposed bicycle brans, and Vendor Campaign Contributions as
required in the ITB (see above).
In an effort to comply with this requirement please submit requested documents. Please note that a response to
this request must be received by close of business on Tuesday, May 29, 2018.
Regards
81
Aneta Kamyczek
Procurement Officer I
Procurement Department
1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139
Tel: (305) 673-7000, ext. 6455,fax: (786) 394-4075
email:Davtakamveyek(Wmiamibeachftpov
tkUIET x"
Scoroff Roc J Pr,-,,r Vchldc
2018 DEALER AGREEMENT / APPLICATION
Ouiotkat, Inc.
PO Box 580,215 Broacwov Eagie O H,501 C hmie lu/U11J8-:3991 Fax(253) 5
295218
30
Name of Business: _ I �1Gr'1 ' XACk b c- Cen^1r, I n C
DBA.ff applicable.
Baling Address' /±41 -1'
I�� yb 541"
City
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City: —._----- _- _____-__.State. 1 L Zip: -1) _� CL
Telephone Number'. -_305. - U1_5Q .
Fax Number Flo long t above address: ,3 miffs:
E-mail Address: _ Gexeb Y.,(-^-.1sArn :L0.
Website Address: 1o2_r•J. b.kw,l a+vM,bL4_Ch_ LO 2 __— -----_-. ._.
Tax IDW: 5s- •)3 3(€,- N
PresidenVOwner'. , its )w�" Acrt.ming Contact. A1uC
Branch Locations
1Lstccn!cnswhom``QuuretKnl prodocfs` ace lohin.Le sle me,- '1r pea.,ir,-,,vs. rn.t )
Address \b 5k" 5�rt� _--_._-r_.._ ---City 40—' 0-fati hStele (Lzlp /1039
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Address ClIs Stale
Address __- _._ -_- -.. Coy Slate Zip_
Address_ -_ ... _. .Gl, _ _-Slate Zip
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Bank Information /'
Name of Bank&Branch: •X15 CC , ZCns_
Address ;JO y_(..�>-CTWa 4`1L _ Coy 15x0.1 .bki.state FL, z,p33139
Account Representative. Anc1_QtACa/T ---- - -_.__._-.Telephone Number' -2iO3-
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Trade References
ewe rta ',a mommorn orr oedaro 00roc.1,3prf ;a✓, .elfeo,a open:,rconnp
Name. b `..2 .e c tr.5 to C..`t
Address �)C\ ��. SW _ (JP eSi • Gey. ._r�) 4m, Slate Eu Zip_
Telephone Number_36 ,)-M- Account c t ,t z[Email bCr Lc'/
Name: �-ZW 2)-ILLH ._
Address 1f) int( rc)k y / lear' cr1 JII State ( A Zip_ cl5o31
Telephone Number/DV-17� L4,}3 . ,nor ii t Eawd. h�a�c�, Kn .-„be
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Name: _ SLP 1 _SpoC 1 S
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Telephone Number: \- y�_g��\ AU aun:n t it t Ennil'. S,V,'J _ W', //, ` .____
O S()Vr1S Gil)JP _ _( •on(�G1z" _l91rc5l. l( t.,.'1>
Name. (,� , n c 1 1
Address 1"1 cow t bl', t (Thy ejt.L1,-L 1 LL IRo
_ State_c, Zip__QSJ 1
Telephone Number Th>(o= 5 A ,cunn g C 401;Entail 19: cc-CS APScit 'Dr(9-S
Business Descriptyi nand History
Business Type: 'Zorporation Preset kasha( I'aCnnorstp
Store Type-. \ (,Xqj C.J_C..I
Will Merchandise be sold on the intemet Yes 'rv'o
LAYears in business: - 1 ( _._. Projected annual sal,as of QuielKal products $ 0Q7
Certify/Consent
I (We)certify that the ab - formation is true and correct,and that we can and will comply with your terms
and policies, Initial
I(We)herby give my(our)consent to have QuietKat obtain any and ali Information regarding
us:ne;ss NJP•.. /'-/\ CIM, Gi Iv(y-s (.4J d.(,. A(r_____.._
including checking and/or savings accounts cmdrt oblig Am is a'd alt other credit matters,which they may
require in connection with my(our)request lar an open dna:at rredit This form may be reproduced and that
copy shall be as I:cfive .s the original consent,which I (we)have
Signed'. (j
Name/Title. C
Date. 1' ‘9‘_ _.
2
Minimum Order Quantity
Minimum order quantity for new QuietKat dealers is 4 units. As a stocking QuietKat dealer, a total of 4
units should be kept in stock at all times in order to better serve our customers. In the event you sell out
of inventory, please re-order as soon as possible in order to maintain current dealer status. QuietKat
recognizes 1 QuietKat 3-wheel models equaling 2 units. For example,a stocking dealer could maintain
stocking status with 2 FatKat bikes and 1 QuietKat 3-wheel.
Payment and Order Processing
Orders will not be processed until payment is received, unless dealer has established credit terms with
QuietKat.Verbal purchase orders will not be accepted for order placement. All orders must be placed via
written purchase order or they will not be processed If you do not have a purchase order form, we have a
sample purchase order form template that you may use to submit orders.
Order Cancellation Policy
For order cancellations, QuietKat must be notified within 2 days of order placement in order to receive full
a full refund on any order cancellation. Any cancellations after the 2 day period will be assessed a 15%
restocking fee. All order cancellations must be in written form via email, fax or letter confirmation.
After The Sale—Customer Information
In order to maintain proper warranty records and customer service, QuietKat requests that the following
customer information is sent to us immediately after sale completion:
1. Name
2. Phone Number
3. Address
4. Email (If Applicable)
5. Model and Serial Number
Website Listing
For dealers who have a website, we expect that all QuietKat product information is up to date with
relevant pictures, videos,specs. etc. All stocking dealers will be listed on the QuietKat retailer page on
www.quietkat.com and it is expected that QuietKat is properly displayed on your website in return.
Retailers who do not stock inventory, will not be fisted on the QuietKat retailers page.
Marketing
QuietKat allocates a large annual budget towards a national marketing campaign via TV Commercials,
Magazine Advertisements and Internet Mark,etigg to drive consumer interest to our retailer page on
www.quietkal.com. Furthermore, customers are driven to your dealership by being listed on our website.
QuietKat provides marketing related brochure material, pictures, logos and web content to help you meet
your sales objectives. QuietKat does not participate in a co-op marketing program for dealers.
5
Service&Repair
For any warranty related repair or service. QuietKat will contract with a local repair shop to properly repair
and service the QuietKat if deemed necessary. All parts. labor and logistics expenses will be covered as
part of the warranty policy.
QuietKat Authorized Service Center
Dealers who have the capabilities and necessary staff to perform warranty and non-warranty related
service are eligible to become a QuietKat Authorized Service Center upon approval from a QuietKat
service technician. QuietKat will reimburse a standard labor rate of$60 per hour for any work performed
for warranty repair. QuietKat will not allow ANY warranty service and repair work to be done without
written approval prior to commencement of work Any labor or services performed outside of this approval
will not be reimbursed by QuietKat. Ask your account manager if you are interested in becoming an
authorized service center.
Store Front and Show Room Display
We want our customers have an informative QuietKat shopping experience so it is imperative that
QuietKat vehicles are properly displayed and showcased on your show room floor or store front. We offer
a showroom marketing package for purchase to help properly display QuietKat models in your store. Ask
your account manager for details.
Drop Ship Dealer Program
QuietKat offers a drop ship program for dealers who do not stock QuietKat inventory of 4 or more units.
Drop ship dealers do not receive full margin for drop ship sales. Drop ship dealers receive 50% of margin
or((Selling Price-Wholesale)x .50). QuietKat dealers who stock 4 or more units at all times are eligible
to receive full margin,even for drop ship sales.
Warranty Overview
Every QuietKat comes with a 12-month warranty against manufacturing defects in materials or
workmanship on its frame, battery, controller and motor assembly. This warranty applies only to the
original registered owner of the QuietKat and is riot transferable. This limited warranty does not apply to
normal wear and tear, malfunctions, or failures due to abuse, neglect, improper repair, improper
maintenance, alteration, modification, accidents, or other improper use.
Dealers who own a QuietKat for demonstration purposes and personal use, the twelve(12)month
warranty starts the day of first use For inventory models that are used for showroom only and/or are kept
in the box will have a twelve(12)month warranty starting from the date of sale from dealer to direct
customer. QuietKat does not accept returns from dealers and products sold to direct customers through
dealers.
Terms of the Warranty
For your reference, we've outlined the comprehensive terms of the warranty below:
- Frame, Battery, Controller and Motor Assembly-are warranted to be free from defects in material or
workmanship for a period of twelve (12)months from delivery date.After any warranty period has
elapsed, you may purchase spare &replacement parts by contacting us. In case of an electrical issue
please send unit back to us.
4
-Replacement Batteries(if provided)—are warranted to be free Iron defects in material or workmanship
for a period of twelve (12) months from purchase.
- Other Components—are warranted by the mdavidual mann`anturers_
Please note that while every effort is made to prcmde our customers with a superb shopping experience.
issues sometimes can arise during shippingif any parts happen to be damaged during shipping,
QUIETKAT will send a replacement part at our expense arid will work with you or the bike shop of your
choice to fix the issue. If the issue cannot be fixed. QUIETKAT will exchange the unit.
If the unit was purchased directly from OUIETKAT. QUIETKAT can help to arrange an appointment al a
bike shop or service center near the customer to investgate and resolve the issue. If a part or component
is faulty, please contact us by email and provide a video or photo of the faulty part_ For any parts under
warranty that will need to be replaced within the 12-month timeframe. QUIETKAT will cover the cost of
freight to the customer.
Limited Remedy
Unless otherwise provided,the sole remedy under the above warranty, or any implied warranty, is limited
to the replacement of defective components and parts with those of equal or greater value at the sole
discretion of QUIETKAT. In no event shall QUIETKAT be responsible for direct, incidental or
consequential damages, including,without limitation, damages for personal injury, property damage,or
economic losses, whether based on contract, warranty, negligence. product liability, or any other theory.
Some states do not allow the exclusion or limitation of damages, so the above limitation or exclusion may
not apply to you.
Exclusions
The above warranty,or any implied warranty,does rot cover normal wear and tear. All warranties are
void if the electric vehicle is used for other than normal activities, including, but not limited to, failing to
follow the owner's manual or using the QuietKat for commercial activities or in competitive events, and
training for such activities or events. QUIETKAT makes no other warranties,express or implied. All
implied warranties, including the warranties of merchantability and fitness for a particular purpose, are
limited in duration to that of the express warranties stated above. Some states do not allow limitations on
how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you
specific legal rights, and you may also have other rights which vary from state to state.
Acceptance
In the event of any shortage or discrepancy in or to a shipment of merchandise, Dealer must report the
same to Quietkat within ten (10)days of receipt of merchandise and Dealer shall furnish the number and
condition of parcels received and the packing list or invoice reference number(s)together with such
written or other evidence as may be reasonably required by Quietkat. Quietkat assumes no liability for
any claims made after 45 days. In the case of damaged freight. it Is Dealers sole responsibility to notify
the delivering carrier immediately of any damages, whether obvious or concealed.All parcels may be
insured at Dealer's request and expense.
Dealer and Trans-Shipment of Merchandise
The discounting of Quietkat merchandise has not occurred in the past and it is a practice QuietKat
continues to strongly discourage. QuietKal supplies high quality products and service and requests
Dealers to provide commensurate customer service. which necessitates consistent retail pricing.
Discounting lowers the level of Dealer service to the retail customer, which ultimately harms the image of
OuietKal's products which Dealer and Ouietkat have worked hard to create and protect. Dealer hereby
accepts appointment as a QuietKat retail distributor with the understanding that Dealer is being granted
the right to sell Quietkat merchandise to the public and not!or resale and only at Dealer's retail outlets
specifically identified above.
Disputes
In the event of any dispute, controversy or claim arising out of or relating to this purchase of merchandise
by dealer from QuietKat, the courts of Eagle County,CO shall have exclusive jurisdiction and venue.
Dealer waives any right to contest personal jurisdiction and the validity of any judgment entered. All
hearings shall be conducted in the English language and this Agreement shall be governed by and
interpreted in accordance with the laws of the State of Colorado, United States of America.
Please print,sign and date to complete the dealer agreement application. You can return it to us by fax,
email or mail. If you are approved as a QuietKat dealer. a signed copy from us will be sent back to you as
a formal approval of dealership.
I (We)hereby give my(our)acceptance of OolerKat forms of Sale.
` I
i, ‘S
Signature • Date
NO< Rt3Q \ e
Name/Title
(Please Print)
FORQU�T OFFICE USE ONLY
417
Signatur- ' Date
QuietKat, Inc
G
2018 ELECTRA BICYCLE DEALER AGREEMENT
This Dealer Agreement(this "Agreement") has been executed electronically and is made effective as of
July 1, 2017 by and between Trek Bicycle Corporation, a Wisconsin corporation located in Waterloo,
Wisconsin ("Trek'), and
MIAMI BEACH BICYCLE CENTER, INC. Sales Area: 200
Company or Individual (hereinafter"Dealer")
Miami Beach Bicycle Center Dealer#: 1611680
DBA/Store Name
746 5th St.
Street Address
Miami Beach, FL 33139-6515
City/ State/Zip
1. Trek hereby appoints Dealer as an authorized retailer of ELECTRA bicycles, parts and accessories
(collectively "Products").
2. Dealer may sell the Products at, and only at, the retail location listed above
("Authorized Retail I ocations"). If there is more than one location, a complete list of addresses is
attached.
3. Dealer agrees to an annual purchase commitment of $45, 500 of business ("Commitment"). This
Commitment shall be effective until June 30, 2018.
4. Company will sell to Dealer available Products, subject to the general terms stated in this Agreement
and the specific terms and conditions of sale as stated in Company's invoices, statements,
www.dexdealer.com, and/or other applicable Company literature (the"Sales Materials") as well as the
terms of the current year Company Retail Sales Program in effect from time to time ("Program").
Dealer will abide by all terms of this Agreement, the Program and the Sales Materials in effect at time
of purchase of Products from Company.
5. Company may provide Dealer from time to time with suggested advertising programs to promote
Products.
6. Dealer will use its best efforts to vigorously promote Products in a clean, attractive, modern, and
courteous retail environment. Dealer will not take any action which detracts from or harms the
reputation of the Company brand.
7. Dealer will maintain in its Authorized Retail Locations an adequate inventory of current model
Products (which is representative of Company's entire product line) available for retail sale during the
term of this Agreement. Dealer acknowledges that an adequate inventory of parts and accessories
must be available to service the bicycles sold by Dealer, meet consumer demand and maintain
consumer goodwill.
8. Dealer will display and promote Products in its Authorized Retail Location(s), in a manner that is
commensurate with planned volume and market conditions in Dealers retail trade area.
9. Dealer represents and warrants that it will: (1) sell all bicycles fully assembled in accordance with
Company's assembly manual or other instructions and with all warning stickers intact, properly fit and
adjusted for the consumer who will ride the bicycle, with the correct owners manual and all other
consumer literature supplied with the bicycle and in compliance with all applicable federal (including
C.P.S.C.), provincial, state and local laws and regulations; (2) employ qualified individuals to
Page 1 of 4
assemble and fit consumers on the bicycles and to maintain and repair the bicycles; (3) provide
mechanic and other training for employees as necessary; (4) provide Company with each customer's
name, address, contact information, bicycle sold (model and serial number) and other information
necessary for warranty registration purposes("Consumer Information") or register bicycles at the time
of sale; and (5) maintain Consumer Information for a period of two years after each sale. Dealer
hereby consents to Company's use of Consumer Information for warranty registration and marketing
purposes and warrants that the transfer and use of Consumer Information by Company has been
subject to the customer's consent and does not conflict with any applicable privacy law, privacy policy
or representation Dealer has made to consumers.
10. Dealer will not sell new or used Products via the internet, by mail order, to an unauthorized dealer, for
export, or for third party rentals. Dealer shall contact Company's Sales Manager for approval prior to
filling any order for ten (10) or more bicycles from one customer or related customers. All mail order
or internet advertisements featuring Products shall clearly and conspicuously state: (Dealer's Name)
DOES NOT SELL COMPANY PRODUCTS THROUGH THE MAIL OR OVER THE INTERNET. ALL
COMPANY PRODUCTS ARE ONLY AVAILABLE AT OUR RETAIL STORE. Dealer shall at all times
comply with Company's policy governing the sale of the Products on the internet, as such policy is
published and updated by Trek from time to time at Trek's sole discretion. Dealer may sell used
bicycles online, provided that: (i) such bicycles have been bonafide pre-owned; (li) such bicycles are
at least two model years or more older than current bicycle models (e.g., if the current model year is
2018, then bonafide pre-owned bicycles from model year 2016 and earlier are eligible for online sale);
and (iii) Dealer is clearly identifiable as the seller of such pre-owned bicycles. Dealer shall inform its
employees that any Products they may receive or purchase from Dealer as part of an employee
purchase or incentive program must be only for their(or their family's) personal use and cannot be
sold online. Violation of this section may lead to sanctions against Dealer, which may include
immediate termination of this Agreement, as determined by Company in Company's sole discretion.
11. All warranty repair parts will be provided to Dealer in accordance with Company's warranty policy.
Warranty repair services performed by Dealer are at the sole discretion of Dealer and proceeds from
such services will remain the property of dealer.
12. Dealer will pay Company's or its assignees invoices on a timely basis in accordance with the terms of
the invoices and pay a service charge of 1 1/4% per month on amounts past due, regardless of
whether Dealer submits orders verbally, in writing, or via the Internet. Dealer has or is entering into a
security agreement(the "Security Agreement"). in favor of Company granting Company a first priority
perfected security interest in the Products and related collateral, in form and substance acceptable to
Company. Dealer's trade account balance with Company shall not exceed the prevailing wholesale
fair market value of its inventory of Products.
13. If this Agreement includes distribution of products licensed by Company from a third party
("Licensor"), Dealer will comply with all requirements imposed on Company or Dealer by the Licensor.
Distribution of brands licensed from Licensors, is subject to Company's license agreements with its
Licensors and Dealer's rights with respect to such brands may be terminated at any time and shall be
automatically terminated or amended in the event of a termination or amendment of any such license
agreement.
14. Dealer will use Company's and its Licensors' trademarks, trade names, logos, slogans and indicia
("Comnanv Marks") only in a manner approved by Company or Licensor, in their sole discretion.
Dealer shall not register or attempt to register or otherwise claim ownership of any Company Marks or
packaging designs (or anything similar thereto). Dealer shall not incorporate any Company Marks into
its corporate name, DBA or store name, or internet domain name. Dealer's use of Company Marks
shall inure solely to the benefit of Company or Licensor. Upon termination of this Agreement, Dealer
will immediately cease and desist from using or displaying any Company Marks in any manner
whatsoever.
15. Dealer will supply Company with quarterly and annual financial statements, and additional reports as
required by Company, to demonstrate credit-worthiness and compliance with credit terms and/or the
Page 2 of 4
Program or terms agreed to in the Commitment. Company shall have the right to take reasonable
actions to verify Dealer's stock and credit-worthiness.
16. This Agreement shall remain in effect until terminated by either party as provided for herein.
Company may terminate this Agreement, reduce, alter or eliminate Dealers credit line or credit terms,
or limit or withdraw warranty support to Dealer, by written notice effective immediately, unless a
longer period is required by law in which event the termination or creditor other action shall be within
the minimum period required by law, in the event of: a) death or incapacity of any authorized
signatory for, or Guarantor of, Dealer or other change in ownership or control of Dealer; b) sale,
transfer, assignment or liquidation of business assets of Dealer, or loss of occupancy at any
Authorized Retail Location, or removal to a new Authorized Retail Location; c) bankruptcy or
insolvency of Dealer or any Guarantor and, if Dealer is a partnership, the bankruptcy or insolvency of
any partner; d) default by Dealer of Dealers credit obligations to Company, or a Company affiliate,
regardless of whether Dealer submits orders verbally, in writing, or through Company's online
ordering system; e) revocation or termination of any guaranty by a third party (a "Guarantor) of
Dealer's obligations to Company; f) any other change which causes the creditworthiness of Dealer or
Guarantor to become unsatisfactory to Company in its sole discretion; or g) Dealers breach of any
terms of this Agreement, the Security Agreement, or any other agreement with Company.
17. Company may also terminate this Agreement or alter Dealer's Dealer Level upon thirty days written
notice to Dealer in the event that the most recent Commitment, as reflected in Section 3 of this
Agreement, has expired. The termination shall be effective unless a new Commitment is executed
within the thirty day notice period.
18. This Agreement may be modified by mutual written agreement of the parties, provided that Company
may unilaterally amend this Agreement by providing thirty days written notice to Dealer of such
modification. In the event that Dealer does not wish to agree to such amendment, Dealer may
terminate this Agreement upon thirty days written notice; provided that Dealer provides such notice
within 7 days after receipt of the amendment. In the event that Dealer does not exercise Dealer's right
under this paragraph to terminate this Agreement, such amendment shall be deemed accepted by
Dealer.
19. Company shall carry the risk of loss until Products are delivered to Dealer, unless otherwise specified
on the relevant invoice or stated in writing by Company. All orders not rejected within 10 days of
Dealers receipt shall be deemed accepted. Dealer waives any right to contest the receipt of goods 30
days after invoice date. Freight and duty costs shall be allocated as indicated in the Program.
20. This Agreement or any rights conveyed hereunder do not imply nor shall they be construed to create
any partnership, agency, apparent agency, franchise rights or any exclusive rights or exclusive
territory for Dealer. Company may open other locations with its brands in Dealers vicinity. Dealer is
not authorized to make any representations on behalf of or to bind Company.
21. This Agreement is not assignable or transferable by Dealer. Company has the right to assign or
transfer this Agreement.
22. Upon termination of this Agreement for any reason, Company, at its sole option, may repurchase all
or any portion of Dealers inventory of Products at the lower of the prevailing fair wholesale market
value or original purchase price exclusive of any transportation or assembly charges. In the event of
termination or expiration, Dealer hereby grants Company a right of entry on Dealers premises to
recover said Products.
23. The terms of the Commitment in force from time to time, as well as the terms of any other riders,
annexes or exhibits hereto, the Program, the Plan and the Sales Materials are hereby incorporated
into and made a part of this Agreement. In the event of a conflict between any of these documents,
this Agreement will govern with respect to all issues except the specific margins and dealer level
benefits specified in the Program. In the event of a conflict between the Program and the Sales
Materials, the Program will govern. This Agreement(including all of the foregoing components),
together with any amendments hereto, is the entire agreement of the parties with respect to the
Page 3 of 4
subject matter herein and supersedes and replaces all previous dealer agreements between
Company and Dealer. Notwithstanding the foregoing, nothing in this paragraph or Agreement shall
terminate or in any way affect the terms of any Security Agreement or any other security document,
promissory note or other loan, financing or security documentation between the parties. Originals
signatures for this Agreement, as well as signatures exchanged electronically, by fax or by email shall
be considered binding.
24. Any and all disputes regarding this Agreement, the interpretation of this Agreement, the parties'
relationship or business dealings, or the termination of any of the above, shall be governed by the
laws of the State of Wisconsin, except for Chapter 135 of the Wisconsin Statutes and not
withstanding any Wisconsin choice of law principles. Further, all disputes arising out of this
Agreement, the parties relationship or business dealings, or the termination of any of the above shall
be resolved by a state or federal court located in the State of Wisconsin. Dealer hereby agrees that
venue and jurisdiction are proper in the state or federal courts located in the State of Wisconsin. The
parties hereby agree to waive a trial by jury.
25. Dealer shall comply with all applicable Program requirements and shall purchase sufficient Products
to satisfy its Commitment. In the event Dealer fails to comply with said Program requirements or
Commitment levels agreed to herein, Company may, without prejudice to any other available
remedies, invoice Dealer for the value of the benefits provided in reliance on Dealer's agreement
hereunder (including reliance upon the Commitment), including but not limited to, freight
charge-backs.
26. Company will provide Dealer with certain confidential and proprietary information from time to time
including, for example, the Program as well as sales, pricing and other product-related information.
Dealer agrees to maintain the confidentiality of this information.
By signing below and submitting this Agreement to Trek, you certify that you, on behalf of the Dealer,
have read the entire Agreement (including all Riders and the current Program and Sales Materials) and
will comply with the provisions thereof. You also certify that you have the authority to enter into this
Agreement on behalf of the Dealer.
DEALER: MIAMI BEACH BICYCLE Accepted by TREK BICYCLE CORPORATION
CENTER, INC.
By: JACK RUIZ By: Dan Titus
Title: President Title: Regional Sales Manager
Date: 10/18/2017 Date: 10/18/2017
•
Page 4 of 4
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MIAMI BEACH BICYCLE CNTR, INC.(1.0 MI)
746 5TH STREET
MIAMI BEACH, FL
P:(305) 674-0150 (TEL:[305) 674-0150)
HTTP://WWW.BIKEMIAMIBEACH.COM [HTTP://WWW.BIKEMIAMIBEACH.COM)
GET DRIVING DIRECTIONS C (HTTP://MAPS.APPLE,COMR
DADDR=746+5TH+STREET++MIAMI+BEACH+FL6DIRFLG=D&T=H)
SUN CYCLING(2.6 MO
240 E FLAGER STREET
MIAMI, FL
GET DRIVING DIRECTIONS CI (HTTP://MAPS.APPL E.COMP
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DICKS SPORTING GOODS 1415(31 MI)
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