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City of Tamarac Resolution R-2001-186
Temp. Reso #9448 June 28, 2001 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-2001-186 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, DECLARING CERTAIN EQUIPMENT AND MATERIAL AS SURPLUS AND DIRECTING THAT AN AUCTION BE HELD; OFFERING THE PUBLIC THE OPPORTUNITY TO INSPECT ITEMS PRIOR TO THE AUCTION; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH FISHER AUCTION CO. INC. TO CONDUCT THE AUCTION UTILIZING BROWARD COUNTY BID #J-3-01-075-B1, DISPOSING OF ANY UNSOLD ITEMS HAVING NO CASH VALUE AND PLACING ALL PROCEEDS INTO THE GENERAL FUND; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR EFFECTIVE DATE. WHEREAS, surplus and obsolete equipment and material has reached a sufficient level to warrant an auction; and WHEREAS, pursuant to §6-153 of the Code of Ordinances, the City Commission may by Resolution direct that an auction be held for the sale of surplus and obsolete equipment; and WHEREAS, on April 20, 2001, Broward County awarded an agreement for professional auctioneering services to Fisher Auction Co. Inc. in response to Bid #J-3-01- 075-B1 for a period beginning April 30, 2001 through April 30, 2002; and WHEREAS, City of Tamarac Code §6-155 allows the Purchasing and Contracts Manager the authority to waive the purchasing procedures for supplies, materials and equipment which are the subject of contracts with other governmental agencies; and Temp. Reso #9448 June 28, 2001 Page 2 WHEREAS, the Director of Finance, Purchasing and Contracts Manager and City Manager recommend that a public auction be held to dispose of surplus and obsolete equipment and material; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents to approve the sale of surplus and obsolete equipment and material and to authorize the appropriate City officials to enter into an agreement with FisherAuction Co. Inc. to conduct the auction utilizing Broward County Bid F131411ZQ1iN�-3iI NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Resolution upon adoption hereof. SECTION 2: The appropriate City Officials declare that the list in Exhibit "A" consists of surplus and obsolete equipment and material and direct that an auction shall be held as indicated: DATE: August 11, 2001 TIME: 10:00 AM LOCATION: City of Tamarac Public Works & Utilities Complex 6001-6011 Nob Hill Road Tamarac, Florida Temp. Reso #9448 June 28, 2001 Page 3 SECTION 3: The items offered will be available for inspection by the public at the above location from 8:00 AM to 10:00 AM on the day of the auction. The City of Tamarac reserves the right to establish a minimum bid or reject all bids on any or all items. SECTION 4: The appropriate City officials are hereby authorized to enter into an agreement with Fisher Auction Co. Inc., attached hereto as Exhibit "B", utilizing Broward County Bid # J-3-01-075-131 for Auctioneering Services, attached hereto as Exhibit "C", for which the City shall pay only advertising costs in an amount not to exceed $2,500, which is to be deducted from the gross sales proceeds. SECTION 5: Any unsold items shall be considered as having no cash value and shall be disposed of in a manner deemed appropriate by the City Manager or designee. All proceeds from the auction or disposal shall be placed in the General Fund to be used for public purposes. SECTION 6: All resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 7: If any clause, section, other part or application of this Resolution is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall not affect the validity of the remaining portions or applications of the Resolution. Temp. Reso #9448 June 28, 2001 Page 4 SECTION 8; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this 11t" day of July, 2001. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this RESOLUTION as to form. ITCHELL S. KF CITY ATTORN iESCHREIBER 1-'Mayor RECORD OF COMMISSION VOTE: MAYOR SCHREIBER A e, DIST 1: COMM. PORTNER Ayel DIST 2: COMM. MISHKIN A el DIST 3: V/M SULTANOF Al e� DIST 4: COMM. ROBERTS -A-ye, 1 1 1 �p N nO D CA AA V ¢-AWN A AA tQ W o A W NT,-- NDapCAWNfCn Zo�v N W N V V�,,�� W AA V V j m V N O W W A W f0 W W W W N W d Cn W W O W m W 0) W W W W W A N¢ CJ -+ W A W N N Q� w N W d�� A p Ap A a cD N W A c(, A 0 0 4? 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CO G m ra n N c " O Q '� X' ro N p TI Z p' 0 W m 3° r+ x m o yCC O C ro C A O ro Im N 1 ro 7 ro 7 H ro m C a ,c p ro ro p, N b m a G m m� 0 Q s °1 m N o a C0 O ro 3 m a ro O O � N co -A N N o Q m p n o 3 co F N. 7 � N a CT 0 ce CA 0 0 Cn Ch Ch 0 cn 0 M U1 Ui Cfi Cfi d O p p O d d d O O O Ca O O d O O d d O d O d d O O 7 aC) no CD c 'm zr- C_ 3 ro ra ro ro L'i � A h p Cn d � cD d 1 ro 3 m m K 06/29/01 11:16 FAX 9543578535 BRWD PURCHASING =--- = EXHIBIT "C" TEMP RESO #19448 Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale, FL 33301 BRO ik COUNTY (954) 357-6065 • FAX (954) 357-8535 APRIL 25, 2001 FISHER AUCTION, INC. ATT: MR. LOUIS FISHER III FAX: 782-8143 REFERENCE BID #J301075B1 DEAR VENDOR: post-jV Fax Not$ n _ 2 7671 Date P! pagee� From O,s UW CrJ_ 3 Phone #� Fax # WE HEREBY ACCEPT YOUR OFFER FOR CONTRACT #J301075B1, FOR AUCTIONEERING SERVICES. THIS AWARD IS SUBJECT TO ALL TERMS AND CONDITIONS CONTAINED IN THE ABOVE CONTRACT. THIS CONTRACT IS IN EFFECT FOR THE PERIOD BEGINNING APRIL 30, 2001 AND ENDING APRIL 30, 2002. PURCHASE ORDER(S) WILL BE PLACED AS AND WHEN REQUIRED. A COPY OF THIS NOTICE, WITH A COPY OF YOUR BID, INCLUDING ALL TERMS AND CONDITIONS, IS BEING FORWARDED TO ALL APPLICABLE USING AGENCIES. THANK YOU FOR YOUR INTEREST IN SUBMITTING A BID. SINCERELY, JOE 13ROWN PURCHASING AGENT 11 I3ROWARo COUNTY BOARD OF COUNTY CdMMISSIONERS — An Equvl qpporfuNEmployer and ProvideV of SorAces Josephw wa elletlon, Jr. Ben Gruber Suzanne N. Gumburgor KWIn D. Jacobs Lane Llebermon Lori Npncs POrrlsh John E. Rodstrom, Jr. James A_ Scott piano wpssermon-l:ubin Visit us an tho Inlarnet www.browardorg/purchasing 06/29/01 11:16 FAX 9543578535 BRWD PURCHASING _ 0 042 interoffice .. N..u"'u" M �2001 �PR20 PPS 3: 43 M F M O h A PURCHASNIG DIVISION , M %a MEMORANDUM RECOMMENDATION FOR AWARD DATE: April 20, 2001 TO: Joe Brown, Purchasing Agent II FROM: Joe Brown, Purchasing Agent Il RE: BID REQUEST #J301075B1 I have reviewed the above cited bid relative to the bid and documents submitted by Fisher Auction, Inc. for Auctioneering Services as to the low responsive and responsible bidder and I am recommending that the award be made to this bidder, subject to the following indicated contingency (if applicable): CONTINGENCIES: USER'S CONCURRENCE: A Memorandum of Concurrence is being requested of the user as to concurring with the award to the recommended vendor. User is to take into consideration, that vendor's bid must satisfy all the requirements of the specifications. If not concurring with this recommendation, the user is requested to fully explain why the bidder has not specifically metfcomplies with all the requirements of the bid specification. A copy of the form Memorandum of Concurrence has been attached to a copy of this Recommendation for Award to be completed by the user and to be returned to the Purchasing Division within three (3) working days of the date of this recommendation. RISK MANAGEMENTS CONCURRENCE: A copy of the bidder's Bid Bond has been forwarded to Risk Management for their review and approval. Form#71 06/29/01 11:17 FAX 9543578535 BRWD PURCHASING 10003 in-leroffice M f. M 0 R A N 0 U M DATE: APRIL 20, 2001 TO: FILE FROM: JOE BROWN, PURCHASING AGENT II RE: BID NUMBER:J301075B1 THE FLEET SERVICES DIVISION AND THE PURCMASING AGENT RECOMMEND THE FOLLOWING: 1. AWARD : OPEN ENDED CONTRACT TO LOW BIDDER, FISHER AUCTIONEERING, IN THE ESTIMATED AMOUNT OF $8,162.75 FOR AUCTIONEERING SERVICES, AND TO AUTHORIZE THE DIRECTOR OF PURCHASING TO RENEW THE CONTRACT FOR A ONE YEAR PERIOD_ THE INITIAL CONTRACT PERIOD SHAM START ON DATE OF AWARD ANP SHALL TERMINATE ONE YEAR FROM THAT DATF. 2. REJECT: N/A REASON: N/A 3. ADDITIONAL INFORIINATIQIy CONCERNING THIS PROCUREMENT: 4. ATTACHMENTS TQ NIEIIMO: APPROVAL AUTHORITY APPROVED DISAPPROVED ❑ SIGN RETITLE FORM#4 01/18/01 REASOWSUGGESTION (IF DISAPPROVED) DATE it @ k % � % / k K � E O % § I / 3 m # S $ 5 g LL n tm / © E m 2 _ q 0 g $_ _ c a / o e m ¥ m = (n % 0 $ .§ 0� 3 / m / 0 I k a J U) 3 � o k 7 $ k k CO Lo Q « -j LL c % « o 7 � 2 L / / \ / t.0 m 2 o / / k £ k C0® n 2 o w k k 2 I w T \ k ± a CL CL e 7 # % k E o / q c § I ƒ co m k f 2 / I � ± m 2 = \ o 2 3 Nr � 7 � \ k 2 S � 2 � k S N 0 o E 2 9 � � \ / < m % w wLL 2 0) k / 75 3: R / � 2 C lrlr Vy / + / 2 < I , . k k / R R E / k q § Q k o k o 0 2 q 2 < 2 % LL m c m = c m o 0 a « 6 6 d 0 � « o § o 2 / R / r- E / R \ a & a & I,- / 7 f 2 2 $ co% k 7 0 CN t L cli C q t C 2« R m ¥ 2: w / (D / 2 § � \ _ % OD M 2 a m � g E g o t 3 / CL ¥ 6 / / d a 2 / J o @ o ¥ % rL o / / \ / / / / / � w° 7 0 0 § U 9 Lo / / 2 q 2 0 E f w :3 « LL 7 2 (D ± % C a a \ co / / w � / % \ Z / « / « ƒ 0 c .2 $ .2R / / / \ / § $ / 0 ® 0 2 a) (D _ 2 O 'a -0 ® a) @ m T a 2 @ # \ c 2 y w c CL= 2 g .± 2 0 = o Z g . 2/ o ' g= g L 2 g T / D � .} cl / \ £ 0 £ 0 \ y 0 3 S / .§ ƒ .§ « § ƒ o m� a® k \ ®( .§ 2 � IL § / ' § / ® / § — o a) o (D / / 0) § $ E k E a ¥ E a / 0 k ƒ / k � J 0 0 CD 2 / E /_ a c k ƒ k J / \ ® C) \ a m 3 / / k k ❑ E E 2 / m $ & $ O C) 6 C) CV 69 4 CD a C) LO 0 N 69 r O Q O LO N N C) v N Nr N 64 Ci) co a O c O U Q O 'O .iB CL N 0 0 c N a� CL 7D m a a 0 a a LO N 69 N c O U Q L U N N N U w m co a cn 0 0 CD E 0 4 SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS Broward County Purchasing Division BROWARD COUNTY, FLORIDA 1 or S. Andrews Avenue, Room 1212 80 I N V I TAT I O N FOR B I D GRO*IDOUM . Fort Lauderdale, Florida 33301-1801 (954) 357-6065/66 Bidder Acknowledgment — GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIES/SERVICES ISSUED BY THE BOARD OF COUNTY COMMISSIONERS. THE BOARD OF COUNTY COMMISSIONERS MAY DELETE, SUPERSEDE OR MODIFY ANY OF THESE STANDARD INSTRUCTIONS FOR A PARTICULAR CONTRACT BY INDICATING SUCH CHANGE IN THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE BID SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED WITHIN THIS INVITATION FOR BID SHALL PREVAIL OVER ANY CONFLICTING PROVISION WITHIN ANY STANDARD FORM CONTRACT OF THE BIDDER REGARDLESS OF ANY LANGUAGE IN BIDDER'S CONTRACT TO THE CONTRARY. BIDDER Ara rMUST SIGNED AND - r WITH YOURr SEALED BIDS: This form must be executed and submit- BIDS WILL BE OPENED 2 p.m. APRIL 17, 2001 ted with all bid shoats in a sealed envelope. (DO NOT and may not be withdrawn within 90 calendar days after such date and time. INCLUDE MORE THAN ONE BID PER ENVELOPE). The BID TITLE AUCTIONEERING SERVICES face of the envelope shall contain the above address, the date and the time of bid opening, and bid number. Bids not submitted on attached bid form may be rejected. All bids are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. BID NO. J301075BI 1. EXECUTION OF BID: Bid must contain an original signa- PURCHASING AGENT NAME & TELEPHONE NUMBER JOSEPH BROWN ture of an individual authorized to bind the bidder. Bid must be typed or printed in ink. All corrections made by bidderto his bid must also be initialled. The bidder's name should DELIVERY DATE also appear on each page of the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of SEE SPECIAL INSTRUCTION County Commissioners upon debt or contract nor from a CASH DISCOUNT TERMS defaulter upon obligations to the Board ofCounty Commis- sioners. Bidder certifies by signing the bid that no princi- BID GUARANTY IS ATTACHED, pals or corporate officers of his firm were principals or WHEN REQUIRED, IN corporate officers in any other firm which may have been THE AMOUNT OF g suspended ordebarred from doing business with Broward County within the last three years, unless so noted in the REASON FOR NO BID bid documents. 2. NO BID: If not submitting a bid, respond by returning this FEDERAL EMPLOYER I.D, or SOCIAL SECURITY NUMBER Bidder Acknowledgement form, marking it "NO BID", no laterthan the stated bid opening date and hour, and explain DUN & BRADSTREET NUMBER the reason in the space provided. Failure to respond without justification may be cause for removal of the bidder's name from the bid mailing list. NOTE: To qualify BIDDER NAME as a respondent, bidder must submit a "NO BID." 3. BID WITHDRAWAL: No bidder may withdraw his bid BIDDER MAILING ADDRESS/CITY/STATE/ZIP before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. 4. BID OPENING: Shall be public, on date, location and time AREA CODE TELEPHONE NO. CONTACT PERSON specified on the bid form. The official time is the time clock located in the Purchasing Division reception area and will be accepted by all parties without reservation. It is the bidder's responsibility to assure that his bid is delivered on FAX NO, INTERNET ADDRESS date, location and time specified on the bid form. Bids, which for any reason are not so delivered, will not be considered. Bid files and any bids after they are opened maybe examined during normal working hours byappoint- ment. Bid tabulations are available for inspection upon AUTHORIZED SIGNATURE (original in ink) request. (Continued on Page 2) TYPED NAME OF SIGNER TITLE I certify Ihel this bid is made without prior understanding, agreement, or connection with any corporation, firm at person submitting a bid for the some items/services, and is in all respects fair and without collusion or fraud. I agree to abide by all conditions of this bid and certify th al I am authorized to sign this bid for the bidder. Further by signature of this form, pages t through 4 are acknowledged and accepted as well as any special Instruction sheens) if applicable. Ftxm #103-28 (Rev. 3/99) Page 1 of 4 5. ADDENDA TO BID: Broward County reserves the right to amend this Bid prior to the Bid opening date indicated. Only written addenda will be binding, If, upon review, material errors in specifications are found, contact the Purchasing Division immediately, prior to Bid opening date, to allow for review and subsequent clarification on the part of Broward County. 6. PRICES, TERMS & PAYMENTS: Firm prices shall be bid and include all handling, set up, shipping and inside delivery charges to the destination shown herein unless otherwise indicated. (a) The Bidder: in submitting this bid certifies that the prices quoted herein are not higher than the prices at which the same commodity(ies) or service(s) is sold in approximately similar quantities under similar terms and conditions to any purchaser whomsoever. (b) F.O.B. ---as specified in Special Instructions to bidder. (c) Tie Bids: The award on tie bids will be decided by the Director of the Purchasing Division in accordance with the provisions of the Procurement Code. (d) TAXES: Broward County is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property. Exemption numbers appearon purchase order. The Contractor shall pay all applicable sales, consumer, land use, or other similar taxes required by law. The Contractor is responsible for reviewing the pertinent State Statutes involving the sales tax and complying with all requirements. (e) DISCOUNTS: Bidders may offer a cash discount for prompt payment. However, such discounts will not be considered in determining the lowest net cost for bid evaluation purposes. Bidders should reflect any dis- counts to be considered in the bid evaluation in the unit prices bid. (f) MISTAKES: Bidders are cautioned to examine all specifications, drawings, delivery instructions, unit prices, extensions and all other special conditions pertaining to the bid. Failure of the bidderto examine all pertinent documents shall not entitle him to any relief from the conditions imposed in the contract. In case of mistakes in extension, the unit price shall govern. Multiplication or addition errors are deemed clerical errors and shall be corrected by the County. (g) ORDERING: The Board of County Commissioners re- serves the right to purchase commodities/services speci- fied herein through contracts established byothergovern- mental agencies or through separate procurement ac- tions due to unique or special needs. If an urgent delivery is required, within a shorter period than the delivery time specified in the contract and if the seller is unable to comply therewith, the Board of County Commissioners reserves the right to obtain such delivery from others without penalty or prejudice to the County or to the seller. 7. TERMINATION: (a) FUND -OUT: The Broward County Board of County Commissioners shall be the final authority as to avail- ability of funds and how such available funds are to be allotted and expended. In the event funds forthis project/ purchase are not made available or otherwise allocated Broward County may terminate this contract upon thirty (30) days prior written notice to the contractor. (b) NON PERFORMANCE: If, In the opinion of the Board of County Commissioners, the Contractor fails to per- form after reasonable notice, or the Contractor willfully or negligently does not comply with specifications, requirements, terms and conditions of the Contract, the County reserves the right to cancel the Contract by means of written notification. (c) CANCELLATION FOR CONVENIENCE: The County reserves the right, at its option, to cancel this contract for any or no cause, for County convenience, by giving thirty (30) days prior written notice to the vendor/ contractor, at the and of which time this contract will automatically expire without the necessity of any fur- ther action. In the event this contract is terminated for convenience as provided in this section, the vendor/ contractor will be paid for all materials, goods and services (as applicable in such contract) Incurred prior to the effective date of termination. Additionally, the vendor/contractor may, at the reasonable, professional discretion of the County Purchasing Director, be al- lowed direct termination expenses and fixed settle- ment costs which have become firm prior to the date of the notice of termination. No payment will be made for lost or future profits. Upon receipt of the notice of termination Issued under this section, the vendor/con- tractor shall discontinue all work, cease any deliveries, shipment, or carriage of goods and make available to the County Purchasing Director any and all reports, data, specifications, estimates, summaries, and infor- mation as are required by the contract. CONDITIONS AND PACKAGING: Unless otherwise stated in the special instructions to bidders or the bid sheets, or specifically ordered from an accepted price list, deliveries must consist only of new and unused goods and shall be the current standards production model available at the time of the bid. The goods must be suitably packaged for shipment by common carrier. Each container or multiple units or items otherwise packaged shall bear a label, imprint, stencil or other legible markings stating name of manufacturer or supplier, purchase order number and any other markings required by specifications, or other acceptable means of identifying vendor and purchase order number. 9. SAFETY STANDARDS: Unless otherwise stipulated in the bid, all manufactured items and fabricated assemblies shall comply with applicable requirements of Occupational Safety and Health Act and any standards thereunder. In compliance with Chapter442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code deliv- ered from a contract resulting from this bid must be accompa- nied by a Material Safety Data Sheet (MSDS). A Material Safety Data Sheet (MSDS) should also be submitted to the Broward County Risk Management Division, 115 South An- drews Avenue, Room 210, Fort Lauderdale, Florida 33301- 1803. The MSDS must include the following information. (a) The chemical name and the common name of the toxic substance. (b) The hazards or other risks in the use of the toxic substance, including: 1. The potential for fire, explosion, corrosivity, and reactivity; 2. The known acute and chronic health effects of risks from exposure, including the medical conditions which are generally recognized as being aggra- vated by exposure to the toxic substance; and 3. The primary routes of entry and symptoms of over- exposure. Page 2 of 4 Pages (c) The proper precautions, handling practices, necessary personal protective equipment, and other safety pre- cautions in the use of or exposure to the toxic sub- stances, including appropriate emergency treatment in case of overexposure. (d) The emergency procedure for spills, fire, disposal, and first aid. (e) A description inlay terms of the known specific poten- tial health risks posed by the toxic substance intended to alert any person reading this information. (f) The year and month, if available, that the information was compiled and the name, address, and emergency telephone number of the manufacturer responsible for preparing the information. 10, MANUFACTURERS NAME AND APPROVED EQUIVA- LENTS: Manufacturer's names, trade names, brand names, information and/or catalog numbers listed in a specification are for information and establishment of quality level de- sired and are not intended to limit competition unless other- wise specified in the bid. The bidder may offer any brand which meets or exceeds the specifications for any item(s). If bids are based on equivalent products, indicate on the bid form the manufacturer's name and catalog number. Bidder shall submit with his bid complete descriptive literature and/ or specifications. The biddershould also explain in detail the reason(s) why and submit proof that the proposed equiva- lent will meet the specifications and not be considered an exception thereto. Broward County Board of County Com- missioners reserves the right to be the sole judge of what is equal and acceptable. Bids which do not comply with these requirements are subject to rejection. If Bidder fails to name a substitute it will be assumed that he is bidding on, and he will be required to furnish goods identical to bid standard. Vendor at his expense and redelivered at his expense. Rejected goods left longer than thirty (30) days will be regarded as abandoned and the Board shall have the right to dispose of them as its own property. On foodstuffs and drugs, no written notice or rejection need be given. Upon verbal notice to do so, the Vendor shall immediately remove and replace such rejected merchandise at his expense. Rejection for non-conformance, failure to provide services conforming to specifications, or failure to meet delivery schedules may result in contractor being found in default. 14. INSPECTION, ACCEPTANCE AND TITLE: Inspection and acceptance will be at destination. Title and risk of loss or damage to all Items shall bathe responsibility of the contrac- tor until accepted by the County. 15. GOVERNMENTAL RESTRICTIONS: In the event any gov- ernmental restrictions may be imposed which would necessi- tate alteration of the material quality, workmanship or perfor- mance of the items offered on this bid prior to their delivery, it shall be the responsibility of the successful bidder to notify the County at once, indicating in his letter the specific regulation which required an alteration. The Board of County Commis- sioners reserves the right to accept any such alteration, including any price adjustments occasioned thereby, or to cancel the contract at no further expense to the County. 16. 11. INTERPRETATIONS: Any questions concerning condi- tions and specifications of this bid shall be directed in writing to the Purchasing Division a minimum of 24 hours prior to bid opening, No interpretation(s) shall be considered bind- 17 ing unless provided to all Bidders in writing by the Director of the Purchasing Division. 12. AWARDS: If a specific basis of award Is not established In the special instructions to bidders, the award shall be to the responsible bidder with the lowest responsive bid meeting the written specifications. As the best inter- est of the Board of County Commissioners may require, the right is reserved to make award(s) by individual commodi- ties/services, group of commodities/services, all or none or any combination thereof. When a group is specified, all Items within the group must be bid. A bidder desiring to bid "No Charge" on an Item in a group must so indicate, otherwise the bid for the group will be construed as incom- plete and may be rejected. However, if bidders do not bid all items within a group, the County reserves the right to award on an item by item basis. When a group bid is indicated for variable quantities and the bid forthe group shows evidence of unbalanced bid prices, such bid may be rejected. The Purchasing Director, or the Board of County Commission- ers, whichever is applicable reserves the right to waive technicalities and irregularities and to reject any or all bids. 13. NON-CONFORMANCE TO CONTRACT CONDITIONS: The County may withhold acceptance of, or reject any items which are found, upon examination, not to meet the speci- fication requirements. Upon written notification of rejection, items shall be removed within five (5) calendar days by the LEGAL REQUIREMENTS: Applicable provisions of all Fed- eral, State, County and local laws, and of all ordinance, rules and regulations including the Procurement Code of Broward County shall govern development, submittal and evaluation of bids received in response hereto and shall govern any and all claims and disputes which may arise between person(s) submitting a bid in response hereto and Broward County by and through its officers, employees and autho- rized representative, or any other person natural or other- wise. Lack of knowledge by any bidder shall not constitute a recognizable defense against the legal effect thereof. PATENTS AND ROYALTIES: The bidder, without excep- tion, shall indemnify and save harmless the County and its employees from liability of any nature or kind, including cost and expenses for or on account of any copyrighted, pat- ented or unpatented invention, process, or article manufac- tured or used in the performance of the contract, including its use by the County. if the bidder uses any design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood 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. 18. ASSIGNMENT, SUBCONTRACT: Contractor shall not transfer, convey, pledge, subcontract or assign the perfor- mance required by this bid without the priorwritten consent of the Purchasing Director. Any Award issued pursuant to this bid invitation and the monies which may become due hereunder are not assignable, transferrable, or otherwise disposable except with the prior written consent of the Purchasing Director. 19. QUALIFICATIONS OF BIDDER: Bids will be considered only from firms normally engaged in providing the types of com- modities/services specified herein. The Purchasing Directoror the Board of County Commissioners, reserves the right to inspect the facilities, equipment, personnel and organization or to take any other action necessary to determine ability to Page 3 of 4 Pages perform in accordance with specifications, terms and condi- tions. The Purchasing Director orthe Board of County Commis- sioners will determine whether the evidence of ability to per- form is satisfactory and reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform. The Purchasing Director or the Board of County Commissioners reserves the right to consider bidder's history of citations and/or violations of Environmental regulations in determining responsibility. Bidder should submit with his pro- posal a complete historyof all citations and/or violations notices and dispositions thereof. Failure of a Bidder to submit such Information may be grounds for termination of any contract awarded to successful Bidder. Bidder shall notify County immediately of notice of any citations or violations which he may receive after the Bid or Proposal opening date and during the time of performance under any Contract awarded to him. 20. EQUAL EMPLOYMENT OPPORTUNITY: No Contractorshall discriminate against any employee or applicant for employ- ment because of race, religion, color, sex or National origin, or physical or mental handicap if qualified. Contractor shall take affirmative action to ensure that applicants are employed, and that employees are treated during their employment without regard to their race, religion, color, sex or National origin, or physical ormental handicap. Such actions shall include, but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection fortraining, including apprenticeship. The Contractor agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provi- sions of this non-discrimination clause. The Contractor further agrees that he/she will ensure that Subcontractors, if any, will be made aware of and will comply with this nondiscrimination clause. dar days after such aggrieved person knows or should have known the facts giving rise thereto. b. Any actual or prospective bidder or offer who is aggrieved in connection with the solicitation or proposed award of a contract which Is less than $100,000 may protest to the Director of Purchasing. The protest shall be submitted in writing within three working days from the time the recommendation for award is made by a Purchasing Agent to the Director of Purchasing. 24. PUBLIC ENTITY CRIMES ACT: In accordance with the Public Entity Crimes Act, Section 287.133, Florida Statutes, a person or affiliate who is a contractor, consultant or other provider who has been placed on the convicted vendor list following a conviction of a Public Entity Crime may not submit a bid on a contract to provide any goods or services to the County, may not submit a bid on a contract with the County for the construction or repair of a public building or public work, may not submit bids on leases of real property to the County, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with the County, and may not transact any business with the County in excess of the threshold amount (currently $15,000) 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 shall result in cancellation of the County purchase and may result in debarment, 25 21. NOTICE TO SELLER TO DELIVER: No delivery shall become due or be acceptable without a written order or shipping instruction by the County, unless otherwise pro- vided in the Contract. Such order will contain the quantity, time of delivery and other pertinent data. However, on items urgently required, the Seller may be given telephone notice, 26 to be confirmed by an order in writing. 22. MODIFICATIONS: All changes to purchase orders shall be by issuance of a change order. Any modifications or changes to any contract entered into as a result of this bid must be by written amendment with the same formality and of equal dignity prior to the initiation of any such change. 23. RESOLVE PROTESTED SOLICITATIONS AND PRO- POSED AWARDS: In accordance with the Broward County Procurement Code Sec. 21.118, relative to "Pre -Litigation Protested Solicitations and Proposed Awards": a. Right to Protest. Any actual or prospective bidder or offeror who is aggrieved in connection with the solicita- tion or proposed award of a contract which is $100,000 or greater may protest to the Director of Purchasing. The protest shall be submitted in writing within seven calen- RECYCLED CONTENT INFORMATION: In support of the Florida waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material content in the products bid. The County is particularly interested in the type of recycled material used (such as paper, plastic, glass, metal, etc.); and the percent- age of recycled material contained in the product. The County also requests information regarding any known or potential material content in the product that may be ex- tracted and recycled after the product has served its in- tended purpose. PURCHASE BY OTHER GOVERNMENTAL AGENCIES: Each Governmental unit which avails itself of this contract will establish its own contract, place its own orders, issue its own purchase orders, be invoiced therefrom and make its own payments and issue its own exemption certificates as required by the bidder. It is understood and agreed that Broward County is not a legally binding party to any contractual agreement made between any governmental unit and the bidder as a result of this bid. The entire chapter of the Broward County Procurement Code describing the aforementioned subject matter can be obtained from the Purchasing Division's Secretary by calling (954) 357- 6071. You may also view and/or download the Procurement Code Notices for Bids, Requests for Quotation, Request for Letters of Interest, structure of the Purchasing Division, telephone direc- tory, How to do Business with Broward County and Vendor Registration on the internet at: Page 4 of 4 Pages http://www.co.broward.fl.us/purchasing.htm PREVIOUS CONTRACT #J-2-99-039-B-1 BID#J-3-01-075-B1 PURCHASING DIVISION BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA PE I TI BIDDERS IN ADDITION ENERA 1 N ) I Lo 0 Ce1►1Z1iCc3+11:4 XRom SCOPE: BIDS ARE HEREBY INVITED ON AN OPEN-END BASIS FORAUCTIONEERING SERVICES FOR VARIOUS DIVISIONS WITHIN BROWARD COUNTY. THE INITIAL CONTRACT PERIOD SHALL START ON DATE OF AWARD, OR MAY 1, 2001, WHICHEVER IS LATER AND SHALL TERMINATE ONE (1) YEAR FROM THAT DATE, THE CONTRACTOR WILL COMPLETE DELIVERY AND THE COUNTY WILL RECEIVE DELIVERY ON ANY ORDERS MAILED TO THE CONTRACTOR PRIOR TO THE DATE OF EXPIRATION. THE PURCHASING DIRECTOR MAY RENEW THIS CONTRACT FOR A ONE (1) YEAR PERIOD SUBJECT TO VENDOR ACCEPTANCE, SATISFACTORY PERFORMANCE AND DETERMINATION THAT RENEWAL WILL BE IN THE BEST INTEREST OF THE COUNTY. IN THE EVENT SERVICES ARE SCHEDULED TO END BECAUSE OF THE EXPIRATION OF THIS CONTRACT, THE CONTRACTOR SHALL CONTINUE THE SERVICE UPON THE REQUEST OF THE PURCHASING DIRECTOR. THE EXTENSION PERIOD SHALL NOT EXTEND FOR MORE THAN NINETY (90) DAYS BEYOND THE EXPIRATION DATE OF THE EXISTING CONTRACT. THE CONTRACTOR SHALL BE COMPENSATED FOR THE SERVICE AT THE RATE IN EFFECT WHEN THIS EXTENSION CLAUSE IS INVOKED BY THE COUNTY. NO GUARANTEE IS EXPRESSED OR IMPLIED AS TO THE TOTAL QUANTITY OF COMMODITIES/SERVICES TO BE PURCHASED UNDER ANY OPEN END CONTRACT. ESTIMATED QUANTITIES WILL BE USED FOR BID COMPARISON PURPOSES ONLY. THE BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO: ISSUE PURCHASE ORDERS AS AND WHEN REQUIRED, OR, ISSUE A BLANKET PURCHASE ORDER FOR INDIVIDUAL AGENCIES AND RELEASE PARTIAL QUANTITIES OR, ISSUE INSTRUCTIONS FOR USE OF DIRECT PURCHASE ORDERS BY VARIOUS COUNTY AGENCIES, MAKE RANDOM, OPEN MARKET PURCHASES FOR ANY OR ALL OF THE ITEM(S) ON ANY OPEN END CONTRACT OR, ANY COMBINATION OF THE PRECEDING. NO DELIVERY SHALL BECOME DUE OR BE ACCEPTABLE WITHOUT A WRITTEN ORDER BY THE COUNTY, UNLESS OTHERWISE PROVIDED FOR IN THE CONTRACT. SUCH ORDER WILL CONTAIN THE QUANTITY, TIME OF DELIVERY AND OTHER PERTINENT DATA HOWEVER, ON ITEMS URGENTLY REQUIRED, THE SELLER MAY BE GIVEN TELEPHONE NOTICE, TO BE CONFIRMED BY AN ORDER IN WRITING. ALL PRICES, TERMS AND CONDITIONS SHALL REMAIN FIXED FOR THE INITIAL PERIOD OF THE CONTRACT. IN ADDITION, ALL PRICES, TERMS AND CONDITIONS SHALL REMAIN FIXED FOR THE RENEWAL PERIOD OF THE CONTRACT. AS-PE03-2001 3/29/01 PAGE 1 OF 19 PREVIOUS CONTRACT#J-2-99-039-B_1 BIDQ-a-01-075-61 SPECIAL INSTRUCTIONg TO BIDDERS (CONTINUED) AUCTIONEERINS SERVICES 2. SPECIFICATIONS AND REQUIREMENT : THE SPECIFICATIONS, REQUIREMENTS AND SERVICES TO BE PROVIDED ARE STATED IN ATTACHMENT "A" ATTACHED HERETO AND MADE A PART HEREOF. ! AUCTIONEER MUST HAVE CONDUCTED A MINIMUM OF FIFTY (50) AUCTIONS DURING 2000. AUCTIONEER MUST HAVE CONDUCTED A MINIMUM OF TEN (10) AUCTIONS FOR GOVERNMENT ENTITIES IN THE STATE OF FLORIDA DURING 2000. AUCTIONEER MUST HAVE CONDUCTED MINIMALLY ONE (1) VEHICLE/EQUIPMENT AUCTION FOR A GOVERNMENT ENTITY IN THE STATE OF FLORIDA WITH RECEIPTS OVER $100,000 DURING 2000. PRIOR TO AWARD, THE RECOMMENDED BIDDER SHALL BE REQUIRED TO PROVIDE A LISTING OF AUCTIONS CONDUCTED DURING 2000, INCLUDING LOCATIONS, DATES AND TYPES OF AUCTIONS. 3. FURTHER ATI N: BIDDERS REQUIRING ADDITIONAL INFORMATION REGARDING ANY OF THE BID TERMS, CONDITIONS OR ADMINISTRATIVE REQUIREMENTS SHOULD CONTACT JOE BROWN, PURCHASING AGENT AT (954) 357-6114. BIDDERS REQUIRING TECHNICAL CLARIFICATIONS SHOULD CONTACT LOCKSLEY RHODEN AT (954) 357-6477. NO CHANGE(S) AND NO INTERPRETATIONS) SHALL BE CONSIDERED BINDING UNLESS PROVIDED TO ALL BIDDERS IN WRITING BY THE DIRECTOR OF THE PURCHASING DIVISION. 4. SITE VISIT AND R -BID NF NOT APPLICABLE FOR THIS BID. 5. DELIVERY AND ACCEPTANCE: SEE ATTACHMENT "A", SPECIFICATIONS, SALE DATE, PAGE 13 OF 16. 6. JAMPLES, PRQDUCT LITERATURE AND DESCRIPTIVE!QATALOGUES: NOT APPLICABLE FOR THIS BID. 7. INSURAbICE REQUIREMENTS: (SAMPLE INSURANCE CERTIFICATE ATTACHED)(ATrACHMENT "D") THE INSURANCE REQUIREMENTS CONTAINED IN THIS BID REPRESENT THE MINIMAL PROTECTION NECESSARY FOR THE COUNTY AS DETERMINED BY THE RISK MANAGEMENT DIVISION. FURTHER MODIFICATIONS OF THE REQUIREMENTS MAY BE MADE AT THE SOLE DISCRETION OF THE RISK MANAGEMENT DIVISION IF CIRCUMSTANCES CHANGE OR ADEQUATE PROTECTION OF THE COUNTY IS PRESENTED. NO AWARD WILL BE RECOMMENDED UNTIL A WRITTEN DETERMINATION IS MADE BY RISK MANAGEMENT DIVISION THAT THE COUNTY IS ADEQUATELY PROTECTED. THE LOW BIDDER SHALL BE REQUIRED TO PROVIDE PROPER INSURANCE TO THE PURCHASING DIVISION PRIOR TO AWARD BY THE PURCHASING DIRECTOR OR RECOMMENDATION OF AWARD TO THE BOARD OF COUNTY COMMISSIONERS, WHICHEVER IS APPLICABLE. AS-PB03-2001 3129101 PAGE 2 OF 19 PREVIOUS CONTRACT -2-9 - BIDW-3-01-075-131 SPECIAL INSTRUCTIONS TOANDDER (CONTINUED) AUCTIONEERINQ SERVICES 7. INSURA19GE REQUIREMENT :(CONTINUED) WITHOUT LIMITING ANY OF THE OTHER OBLIGATIONS OR LIABILITIES OF CONTRACTOR, CONTRACTOR SHALL PROVIDE, PAY FOR, AND MAINTAIN IN FORCE UNTIL ALL OF ITS WORK TO BE PERFORMED UNDER THIS CONTRACT HAS BEEN COMPLETED AND ACCEPTED BY THE COUNTY (OR FOR SUCH DURATION AS IS OTHERWISE SPECIFIED HEREINAFTER), THE INSURANCE COVERAGES SET FORTH IN THIS SECTION. 7.1 WORKERS' COMPENSATION INSURANCE TO APPLY FOR ALL EMPLOYEES IN COMPLIANCE WITH THE "WORKERS COMPENSATION LAW'OF THE STATE OF FLORIDA AND ALL APPLICABLE FEDERAL LAWS. IN ADDITION, THE POLICY(S) MUST INCLUDE: 7.1.1 EMPLOYERS' LIABILITY WITH MINIMUM LIMITS OF ONE HUNDRED THOQSAND DOLLARS ($1j , (DD )0(. ) EACH ACCIDENT. 7.1.2 NOTICE OF CANCELLATION AND/OR RESTRICTION --THE POLICY(S) MUST BE ENDORSED TO PROVIDE BROWARD COUNTY WITH THIRTY (3MO DAYS NOTICE OF CANCELLATION AND/OR RESTRICTION. 7.1.3 IF ANY OPERATIONS ARE TO BE UNDERTAKEN ON OR ABOUT NAVIGABLE WATERS, COVERAGE MUST BE INCLUDED FOR THE U.S. LONGSHOREMEN AND HARBOR WORKERS ACT AND .ZONES ACT. 7.2 COMPREHENSIVE GENERAL LIABILITY WITH MINIMUM LIMITS OF THREE HUNDRED DOLLARS ($304.000M) PER OCCURRENCE COMBINED SINGLE LIMIT FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. COVERAGE MUST BE AFFORDED ON A FORM NO MORE RESTRICTIVE THAN THE LATEST EDITION OF THE COMPREHENSIVE GENERAL LIABILITY POLICY, WITHOUT RESTRICTIVE ENDORSEMENTS, AS FILED BY THE INSURANCE SERVICES OFFICE AND MUST INCLUDE: 7.2.1 PREMISES AND/OR OPERATIONS. 7.2.2 INDEPENDENT CONTRACTORS. 7.2.3 PERSONAL INJURY COVERAGE WITH EMPLOYEE AND CONTRACTUAL EXCLUSIONS REMOVED WITH MINIMUM LIMITS OF COVERAGE EQUAL TO THOSE/REQUIRED FOR BODILY INJURY LIABILITY AND PROPERTY DAMAGE LIABILITY. 7.2.4 COUNTY IS TO BE INCLUDED AS AN "ADDITIONAL INSURED" IN THE NAME OF "BROWARD COUNTY BOARD OF COMMISSIONERS" WITH RESPECT TO LIABILITY ARISING OUT OF OPERATIONS PERFORMED FOR COUNTY IN CONNECTION WITH GENERAL SUPERVISION OF SUCH OPERATION, 7.2.5 NOTICE OF CANCELLATION AND/OR RESTRICTION --THE POLICY(S) MUST HE ENDORSED TO PROVIDE BROWARD COUNTY WITH THIRTY (30) DAYS NOTICE OF CANCELLATION AND/OR RESTRICTION. 7. INSURANQE REQUIREMENT :(CONTINUED) 7.3 THE CONTRACTOR SHALL PROVIDE TO THE COUNTY CERTIFICATES OF INSURANCE EVIDENCING THE INSURANCE COVERAGE SPECIFIED IN 5.1, AND 5.2 ABOVE. THE CONTRACTOR SHOULD PROVIDE AS-PB03-2001 3/29/01 PAGE 3 OF 19 PREVIOUS CONTRACT #J-2-99-039-B-1 E- �3L7JL`6�i:3�1 1412113%] 1Lb1�l BID#J-3 01.075-B1 THESE CERTIFICATES WITHIN FIFTEEN (15) DAYS AFTER REQUEST BY THE PURCHASING AGENT. THE REQUIRED CERTIFICATES OF INSURANCE SHALL NOT ONLY NAME THE TYPES OF POLICIES PROVIDED, BUT ALSO SHALL REFER SPECIFICALLY TO THIS CONTRACT AND SECTION AND THE ABOVE PARAGRAPHS IN ACCORDANCE IS AS REQUIRED BY SUCH PARAGRAPHS OF THIS CONTRACT. IF THE INITIAL INSURANCE EXPIRES PRIOR TO THE COMPLETION OF THE WORK, RENEWAL CERTIFICATES OF INSURANCE SHALL BE FURNISHED THIRTY (30) DAYS PRIOR TO THE DATE OF THEIR EXPIRATION. 5.4 CERTIFICATES OF INSURANCE SHALL BE PROVIDED AS SPECIFIED IN SUB -SECTION 5.3 ABOVE UNLESS ANY OF THESE COVERAGES ARE, FOR JUST CAUSE, INAPPLICABLE, AND UPON SPECIFIC REQUEST BY THE VENDOR ARE EXCEPTED BY WRITTEN DETERMINATION OF RISK MANAGEMENT AND APPROVED BY THE PURCHASING DIRECTOR. IF AN EXCEPTION IS REQUESTED, THE BIDDER SHOULD INDICATE IN THE APPROPRIATE AREA ON THE BID SHEET ANY SUCH REQUEST INCLUDING REASON (S) THERETO FOR EXEMPTION FROM INSURANCE REQUIREMENTS AS SPECIFIED IN THIS SECTION OF THIS INVITATION FOR BID/QUOTATION REQUEST. $. THE CONTRACTOR SHALL INDEMNIFY AND SAVE HARMLESS THE COUNTY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM OR ON ACCOUNT OF ANY INJURIES OR DAMAGES, RECEIVED OR SUSTAINED BY ANY PERSON OR PERSONS DURING OR ON ACCOUNT OF ANY OPERATIONS CONNECTED WITH THE COMPLETION OF THIS PROJECT; OR BY OR IN CONSEQUENCE OF ANY NEGLIGENCE (EXCLUDING NEGLIGENCE OF COUNTY), IN CONNECTION WITH THE SAME; OR BY USE OF ANY IMPROPER MATERIALS OR BY OR ON ACCOUNT OF ANY ACT OR OMISSION OF THE SAID CONTRACTOR OR THEIR SUBCONTRACTOR, AGENTS, SERVANTS OR EMPLOYEES. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS THE COUNTYAGAINST ANY CLAIMS OR LIABILITY ARISING FROM OR BASED UPON THE VIOLATION OF ANY FEDERAL, STATE, COUNTY OR CITY LAWS, BY-LAWS, ORDINANCES OR REGULATIONS BY THE CONTRACTOR. THE CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS THE COUNTY FROM ALL SUCH CLAIMS AND FEES, AND FROM ANY AND ALL SUITS AND ACTIONS OF EVERY NAME AND DESCRIPTION THAT MAY BE BROUGHT AGAINST COUNTY ON ACCOUNT OF ANY CLAIMS, FEES, ROYALTIES, OR COSTS FOR ANY INVENTION OR PATENT, AND FROM ANY AND ALL SUITS AND ACTIONS THAT MAY BE BROUGHT AGAINST COUNTY FOR THE INFRINGEMENT OF ANY AND ALL PATENTS OR PATENT RIGHTS CLAIMED BY ANY PERSON, FIRM, OR CORPORATION. THE INDEMNIFICATION PROVIDED ABOVE SHALL OBLIGATE THE CONTRACTOR TO DEFEND AT THEIR OWN EXPENSE OR TO PROVIDE FOR SUCH DEFENSE, AT THE COUNTY'S OPTION, ANY AND ALL CLAIMS OF LIABILITY AND ALL SUITS AND ACTIONS OF EVERY NAME AND DESCRIPTION THAT MAY BE BROUGHT AGAINST THE COUNTY WHICH MAY RESULT FROM THE OPERATIONS AND ACTIVITIES UNDER THIS CONTRACT WHETHER THE OPERATIONS BE PERFORMED BY THE CONTRACTOR, THEIR SUBCONTRACTOR OR BY ANYONE DIRECTLY OR INDIRECTLY EMPLOYED BY EITHER. AS-PB03-2001 3129101 PACE 4 of 19 PREVIOUS CONTRACTOJ-2-99-039-B-1 BID#1I2-01-075-B1 SPECIAL INSTRUCTIONS TO BIDDERS (CONTINUED) AUCTIONEERING §ERVICES 9. PAYMENT: PAYMENT WILL BE MADE BY THE COUNTY AFTER COMMODITIES/SERVICES HAVE BEEN RECEIVED, ACCEPTED AND PROPERLY INVOICED AS INDICATED IN THE CONTRACT AND/OR ORDER. INVOICES MUST STATE THE PURCHASE ORDER NUMBER. 10. SPECIAL CLAUSES: NOT APPLICABLE FOR THIS BID. 11. PREFERENCES NO CONTRACTOR SHALL RECEIVE MORE THAN ONE COUNTY -AUTHORIZED PREFERENCE FOR THE SAME PROCUREMENT. IF A CONTRACTOR IS ELIGIBLE FOR MORE THAN ONE COUNTY -AUTHORIZED BID PREFERENCE FOR A PARTICULAR PROCUREMENT, THE CONTRACTOR SHALL BE ELIGIBLE TO RECEIVE ONLY THE BID PREFERENCE THAT IS MOST FAVORABLE TO THE CONTRACTOR. A DOMESTIC PARTNER CLAUSE: (ATTACHMENT "C") PREFERENCE FOR COUNTY CONTRACTORS PROVIDING FQR NONDISCRIMINATION OF BENEFITS FOR D!2ME$TIC PARTNERS, (REFERENCE ORDINANCE NO. 1999-03, AS AMENDED) IN ACCORDANCE WITH BROWARD COUNTY CODE, CHAPTER 16'/2, SECTION 16'/2-157 AND THE BROWARD COUNTY ADMINISTRATIVE CODE, SUBSECTIONS 21.31.A-,6.,7.,8., THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS RESERVES THE RIGHT TO APPLY A PREFERENCE IN THE AWARD OF A CONTRACT TO THOSE CONTRACTORS PROVIDING FOR NONDISCRIMINATION OF BENEFITS FOR DOMESTIC PARTNERS. THIS PREFERENCE MAY BE APPLIED TO ALL AWARDS OF $100,000 PER ANNUM OR MORE. THE DETERMINATION TO APPLY THIS PREFERENCE SHALL BE MADE BY THE BOARD OF COUNTY COMMISSIONERS. TO BE ELIGIBLE FOR THE DOMESTIC PARTNERSHIP PREFERENCE, A CONTRACTOR'S PROGRAM ELIGIBILITY CRITERIA MUST BE SUBSTANTIALLY EQUIVALENT TO THOSE ESTABLISHED IN SECTION 16 Y2- 153 (B), BROWARD COUNTY CODE. A CONTRACTOR WILL BE DEEMED INELIGIBLE FOR THE DOMESTIC PARTNERSHIP PREFERENCE IF ITS BENEFITS PROGRAM DISCRIMINATES AGAINST EMPLOYEES IN VIOLATION OF THE BROWARD COUNTY HUMAN RIGHTS ACT. B. LDCAL PREFERENCE CLAUSE: IN ACCORDANCE WITH ORDINANCE SECTION 1-74 THRU 1-79, BROWARD COUNTY CODE, THE RIGHT IS RESERVED BY THE BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS TO PROVIDE FOR A LOCAL PREFERENCE IN AN AMOUNT OF ONE PERCENT (1 %) OF THE BID OR PROPOSAL. AS-PB03-2001 3/29101 PAGE 5 OF 19 PREVIOUS CONTRACT -2.9 - - -1 5P-EQ&-INSTRUCTIONSBIDDERS (CONTINUED) BI D #,J-3-01-075-B1 AUCTIQNgERtNG SERVICES 12. PUBLIC BID-DISCLQ$URE ACT: PURSUANT TO THE PUBLIC BID DISCLOSURE ACT, ALL PERMITS AND FEES INCLUDING BUT NOT LIMITED TO ALL LICENSES, OCCUPATIONAL LICENSE, CERTIFICATE OF OCCUPANCY (CO), PERMITS, IMPACT FEES OR INSPECTION FEES PAYABLE BY CONTRACTOR TO THE COUNTY BY VIRTUE OF THIS WORK/PROJECT, AND DISCLOSED IN THIS REQUEST FOR BIDS AND THE AMOUNT OR PERCENTAGE METHOD OF ALL SUCH LICENSES, PERMITS AND FEES REQUIRED BY BROWARD COUNTY ARE LISTED BELOW. EACH LICENSE, PERMIT OR FEE ACONTRACTOR WILL HAVE TO PAY THE COUNTY BEFORE OR DURING CONSTRUCTION OR THE % METHOD OR UNIT METHOD OF ALL LICENSES, PERMITS AND FEES REQUIRED BY THE COUNTYAND PAYABLE TO THE COUNTY BY VIRTUE OF THIS CONSTRUCTION AS PART OF THE CONTRACT IS STATED BELOW. [LIST ALL COUNTY LICENSES, PERMITS AND FEES, AND THE AMOUNT OR PERCENTAGE METHOD OF THE LICENSES PERMITS AND FEES]. OCCUPATIONAL LICENSE MUST BE IN EFFECT AS REQUIRED BY FLORIDA STATUTE 205.065. LICENSES, PERMITS AND FEES WHICH MAY BE REQUIRED BY THE STATE OF FLORIDA, STATE AGENCIES OR BY OTHER LOCAL GOVERNMENTAL ENTITIES ARE NOT INCLUDED IN THE ABOVE LIST. 13. DRUG-FREEMORKPLACE CERTIFICATION: BROWARD COUNTY PROCUREMENT CODE CHAPTER 21.31.A. REQUIRES AWARDS OF COMPETITIVE SEALED BIDS AND SEALED PROPOSALS REQUIRING BOARD AWARD BE MADE ONLY TO FIRMS CERTIFYING THE ESTABLISHMENT OF A DRUG FREE WORKPLACE. THE DRUG FREE WORKPLACE CERTIFICATION (ATTACHMENT'S") MUST BE FURNISHED TO THIS OFFICE PRIOR TO AN AWARD BEING MADE. FAILURE TO PROVIDE THIS CERTIFICATION WILL RENDER YOUR OFFICE UNQUALIFIED AND INELIGIBLE FOR AWARD. 14. BATTERY AL: IN ACCORDANCE WITH FLORIDA 1 LID WAsIE-AQT, THE MANUFACTURERS OF HEAVY METAL BATTERIES OR THE MANUFACTURERS OF PRODUCTS POWERED BY SUCH BATTERIES ARE SOLELY RESPONSIBLE FOR THE RECLAMATION AND DISPOSAL OF SUCH USED BATTERIES AS PURCHASED BY THE COUNTY. THE COUNTY SHALL NOT BE HELD LIABLE FOR ANY COST ASSOCIATED WITH THE RECLAMATION AND DISPOSAL OF SUCH BATTERIES. 15. PUBLIC NTIT ACT (AMENDED): WITH REFERENCE TO PARAGRAPH 24 OF INVITATION TO BID, ELIMINATE THE REFERENCE TO $15,000 IN EXCESS OF THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES. CATEGORY TWO THRESHOLD DOLLAR AMOUNT AT THE TIME OF BID OPENING SHALL APPLY. AS-PB03-2001 3/29101 PAGE 6 OF 19 PREVIOUS CONTRACT -2- - 3 -B-1 SPECIAL INSTRUCTIONS_ TO BIDDERS (CONTINUED) rauelos`wli BI D #J-3-01-075-B1 16. NON -COLLUSION STATEMENT: BY SIGNING THIS OFFER, THE VENDOR CERTIFIES THAT THIS OFFER IS MADE INDEPENDENTLY AND FREE FROM COLLUSION. VENDOR SHALL DISCLOSE BELOW, TO THEIR BEST KNOWLEDGE, ANY BROWARD COUNTY OFFICER OR EMPLOYEE, OR ANY RELATIVE OF ANY SUCH OFFICER OR EMPLOYEE AS DEFINED IN SECTION 112.3135 (1 (C), FLA. STAT. (1989), WHO IS AN OFFICER OR DIRECTOR OF, OR HAS A MATERIAL INTEREST IN, THE VENDORS BUSINESS, WHO IS IN A POSITION TO INFLUENCE THIS PROCUREMENT. ANY BROWARD COUNTY OFFICER OR EMPLOYEE WHO HAS ANY INPUT INTO THE WRITING OF SPECIFICATIONS OR REQUIREMENTS, SOLICITATION OF OFFERS, DECISION TO AWARD, EVALUATION OF OFFERS, OR ANY OTHER ACTIVITY PERTINENT TO THIS PROCUREMENT IS PRESUMED, FOR PURPOSES HEREOF, TO BE IN A POSITION TO INFLUENCE THIS PROCUREMENT. FOR PURPOSES HEREOF, A PERSON HAS A MATERIAL INTEREST THEY DIRECTLY OR INDIRECTLY OWNS MORE THAN 5 PERCENT OF THE TOTAL ASSETS OR CAPITAL STOCK OF ANY BUSINESS ENTITY, OR IF THEY OTHERWISE STAND TO PERSONALLY GAIN IF THE CONTRACT IS AWARDED TO THIS VENDOR. FAILURE OF A VENDOR TO DISCLOSE ANY RELATIONSHIP DESCRIBED HEREIN SHALL BE REASON FOR DEBARMENT IN ACCORDANCE WITH THE PROVISIONS OF THE BROWARD COUNTY PROCUREMENT CODE. ' EKIRTmll� IN THE EVENT THE VENDOR DOES NOT INDICATE ANY NAMES , THE COUNTY SHALL INTERPRET THIS TO MEAN THAT THE VENDOR HAS INDICATED THAT NO SUCH RELATIONSHIPS EXIST . AS-PB03-2001 3/29/01 PACE 7 OF 19 PREVIOUS CONTRACT#J-2-99-039-B-1, BID #J" "001-075� BID SHEEZ AUCTIONEERING SERVICES TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA ALL BLANKS HAVE BEEN FILLED IN, BID SHEET IS ATTACHED TO THE COMPLETED "INVITATION FORBID" AND RETURNED HEREWITH. IN ACCORDANCE WITH ALL TERMS, CONDITIONS, SPECIFICATIONS AND REQUIREMENTS, THE BIDDER OFFERS THE FOLLOWING: COMMODITY CODE #961 10 000 0000, ITEM 1 THRU 2 ESTIMATED ITEM ANNUAL % PAID TO TOTAL NO. AMOUNT DESCRIPTION AUCTIONEER PRICE 1. $300,000 LEVEL I (SEE ATTACHMENT "A") PERCENT (%) TO BE PAID TO AUCTIONEER FROM GROSS PAID BIDS RECEIVED AT EACH AUCTION FOR THE DURATION OF THIS CONTRACT. 2. $ 25,000 LEVEL II (SEE ATTACHMENT "A") PERCENT (%) TO BE PAID TO AUCTIONEER FROM GROSS PAID BIDS RECEIVED AT EACH AUCTION FOR THE DURATION OF THIS CONTRACT. 0$ d ITEMS 1 THRU 2 1. DID YOU CONDUCT A MINIMUM OF FIFTY (50) AUCTIONS DURING 2000? 2. DID YOU CONDUCT A MINIMUM OF TEN (10) AUCTIONS FOR GOVERNMENT ENTITIES IN THE STATE OF FLORIDA DURING 2000? 3. DID YOU CONDUCT AT LEAST ONE (1) VEHICLE/EQUIPMENT AUCTION FOR A GOVERNMENT ENTITY IN THE STATE OF FLORIDA WITH RECEIPTS OVER$100,000 DURING 2000? NAME OF BIDDER AS-PB03-2001 3/29/01 PAGE 8 of 19 PREVIOUS CONTRACT Q-2-99-039-13-1 BID Q-3-01-076-131 BID SHEET (CONTINUED) AUCTIONEERING SERVIC§ NOTES: ESTIMATE 4 VEHICLE AUCTIONS PER YEAR (3 FLEET SERVICES, 1 MASS TRANSIT) ESTIMATE 1 OR 2 MISCELLANEOUS AUCTIONS PER YEAR TO INCLUDE COMPUTER EQUIPMENT, OFFICE EQUIPMENT, FURNITURE, BOATS, RADIOS, ETC. THE COUNTY WILL AWARD AS DETERMINED TO BE IN THE BEST INTEREST OF THE BOARD OF COUNTY COMMISSIONERS; THE RIGHT IS RESERVED TO MAKE AWARD BY INDIVIDUAL COMMODITIES/SERVICES, GROUP OF COMMODITIES/SERVICES, ALL OR NONE OR ANY COMBINATION THEREOF. THE ABOVE "TOTAL" REPRESENTS THE MONIES PAID TO THE SUCCESSFUL BIDDER DURING A ONE (1) YEAR PERIOD BASED ON THE ABOVE ESTIMATES. THE COUNTY DOES NOT GUARANTEE ANY AMOUNT OF RECEIPTS FOR ANY AUCTION UNDER THIS CONTRACT. DELIVERY WILL BE MADE WITHIN CALENDAR DAYS OF THE RECEIPT OF PURCHASE ORDER NOT TO EXCEED SIXTY (60) DAYS. DELIVERY MUST BE FOB DESTINATION. IN ACCORDANCE WITH PARAGRAPH 7.4 OF "SPECIAL INSTRUCTIONS TO BIDDERS" INDICATE IF AN EXCEPTION TO INSURANCE REQUIREMENTS IS BEING REQUESTED. BE SPECIFIC AND STATE REASONS: DO YOU QUALIFY FOR THE LOCAL PREFERENCE CLAUSE YES NO DO YOU QUALIFY FOR THE DOMESTIC PARTNER CLAUSE YES Nn "THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TERMS AND CONDITIONS TO OTHER GOVERNMENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BYTHIS CONTRACT, IF REQUIRED:" YES NO VENDOR FAX# WILL THIS PRICING BE EXTENDED TO OTHER GOVERNMENTS LOCATED IN DADE OR WEST PALM BEACH COUNTIES? YES NO ACKNOWLEDGMENT IS HEREBY MADE OF THE FOLLOWING ADDENDA OR AMENDMENTS (IDENTIFIED BY NUMBER) RECEIVED SINCE ISSUANCE OF THIS BID: AS-PB03-2001 3/29101 PAGE 9 OF 19 PREVIOUS CONTRACT #J-2-99-039-8-1 BID SHEE1 (CONTINUED) AUCTIONEERINQ SERVICES NAME OF BIDDER E-MAIL ADDRESS' BID Q-3-01-975-131 BEEPER #' FEDERAL T WOULD YOU ACCEPT CREDIT CARDS AS PAYMENT FROM BROWARD COUNTY? YES NO 1. PLEASE CHECK THE FEDERAL EMPLOYER'S IDENTIFICATION NUMBER (FEIN) AND OTHER INFORMATION ON THE FACE OF THE INVITATION FOR BIDBIDDER ACKNOWLEDGMENT FORM (IFB) (YELLOW) AND MAKE APPROPRIATE CORRECTIONS ON THE IFS. IF THE COUNTY DOES NOT HAVE THE CORRECT INFORMATION, PAYMENTS CANNOT BE MADE TO YOUR FIRM. BE SURE TO HAVE THE INVITATION FOR BID, [BIDDER ACKNOWLEDGMENT (YELLOW) FORM] SIGNED BY AN AUTHORIZED REPRESENTATIVE OF YOUR FIRM OR YOUR BID WILL NOT BE CONSIDERED RESPONSIVE. NAME OF BIDDER AS-PS03-2001 3/29101 PAGE 10 OF 19 PREVIOUS CONTRACT - BID -3- - 7 -B1 ATTACHMENT SPECIFICATIONS E 1 NT A COMPLUING THE BID SHEET: THE COUNTY WILL PAY A PERCENTAGE (%) OF GROSS BIDS RECEIVED TO THE CONTRACTOR FOR SERVICES RENDERED. VENDOR SHOULD ENTER PERCENTAGE (%) OF GROSS RECEIPTS OFFERED FOR EACH LEVEL AS DESCRIBED BELOW. B. COUNTY RE§PONSIBILIIIES: 1. THE COUNTY WILL PROVIDE FOR ALL AUCTION SITES. 2. THE COUNTY WILL PROVIDE FOR ADEQUATE PARKING. 3. THE COUNTY WILL PROVIDE FOR REST ROOM FACILITIES. 4. THE COUNTY WILL PROVIDE FOR MOVING AND DISPLAYING OF ALL ITEMS TO BE AUCTIONED TO AUCTION SITE LOCATIONS. ITEMS NOT SOLD WILL BE REMOVED BY THE COUNTY. 5. THE COUNTY WILL PROVIDE A LISTING OF AUCTION INVENTORY ITEMS FOUR [4] WEEKS PRIOR TO AUCTION DATE. 6, THE COUNTY WILL DISCLOSE ANY RESERVE PRICE ITEM AT TIME INVENTORY LIST IS PROVIDED TO CONTRACTOR. 7. COUNTY WILL PROVIDE FOR ALL LEGAL ADVERTISING REQUIREMENTS. $. THE COUNTY WILL PROVIDE SECURITY PERSONNEL FOR ALL AUCTIONS. 9. ALL ITEMS CONSIGNED FOR AUCTION SHALL BE CONSIGNED ON AN "AS IS" BASIS, C. AucTloNEER RESPONSIBILITIES (LEVEL 1): 1. AUCTIONEER WILL ASSIGN A PROJECT MANAGER TO COORDINATE ALL MATTERS PERTAINING TO PREPARATION OF ITEMS TO BE SOLD WITH THE APPROPRIATE COUNTY REPRESENTATIVE. PROJECT MANAGER SHALL SUPERVISE AND IMPLEMENT PROCEDURES FOR LOTTING AND TAGGING FOR PURPOSES OF IDENTIFICATION AND SALE. PROJECT MANAGER SHALL EXPEDITE CHECKOUT. 2. AUCTIONEER WILL CONDUCT ALL AUCTIONS WITH A TEAM INCLUDING A MINIMUM OF (1) AUCTIONEER, (2) RINGMAN, (1) CLERK/CASHIER/COMPUTER OPERATOR FOR EACH AUCTION. 3. AUCTIONEER WILL PROVIDE FOR ALL EQUIPMENT AND SUPPLIES NECESSARY FOR THE REGISTRATION OF BIDDERS AND THE CONDUCT OF ALL AUCTIONS TO INCLUDE NECESSARY AUDIO EQUIPMENT, CALCULATORS, COMPUTER, PRINTER AND PAPER/ADMINISTRATIVE SUPPLIES. 4. AUCTIONEER WILL PREPARE ALL COPY IN ACCORDANCE WITH FULL COMPLIANCE OF ALL COUNTY REGULATIONS. AS-PB03-2001 3/29/01 Pace 11 of 19 PREVIOUS CONTRACT #J-2-99-039-9-1_ ATTACHMENT "Alp BID - - 7 -B1 (CONTINUED) SPECIFICATIONS AND REQUIREMENTS AUCTIONEERINGS VI ES C. :(CONTINUED) 5. THE AUCTIONEER SHALL ARRANGE FOR WELL ORGANIZED, EFFICIENT PROCEDURES AT AUCTION SALES. THE AUCTIONEER SHALL TAG OR MARK ALL ITEMS OR LOTS WITH AUCTION NUMBERS, AND SELL EACH VEHICLE TO THE HIGHEST RESPONSIBLE BIDDER. 6. AUCTIONEER SHALL REGISTER ALL BIDDERS IMMEDIATELY PRIOR TO EACH SALE. 7. AUCTIONEER SHALL FURNISH A TAPE RECORDER AND TAPES TO RECORD EACH AUCTION. TAPES WILL BE TURNED OVER TO THE COUNTY IF REQUESTED. 8. AUCTIONEER SHALL PROVIDE A COMPUTER PRINTOUT TO THE COUNTY WITHIN FIVE (5) WORKING DAYS OF AUCTION COMPLETION, TO INCLUDE EACH BUYERS' NAME, ADDRESS, TELEPHONE NUMBER, ITEM PURCHASED, AND PRICE PAID. 9. AUCTIONEER SHALL COMPLETE AND SUBMIT AN INVOICE AFTER COMPLETION OF EACH AUCTION . D. AUCTIONEER RESPONSIBILITIES (LEVEL 11 - MISCELLANEOUS) (ALL OF LEVEL I PLUS THE FOLLOWING) PROJECT MANAGER SHALL SUPERVISE AND IMPLEMENT PROCEDURES FOR LOTTING AND TAGGING ALL ITEMS TO BE SOLD. AUCTIONEER WILL DESIGN, DEVELOP, PRINT, PUBLISH, MAIL, AND PLACE ALL PROMOTIONAL AND ADVERTISING MATERIALS FOR EACH AUCTION. AUCTIONEER WILL DETERMINE TYPE AND QUANTITY OF MAILINGS AND TO WHOM THEY SHALL BE SENT AS WELL AS SIZE AND FREQUENCY OF ALL MEDIA INSERTIONS. THE CONTRACTOR SHALL USE EXPERIENCE AND KNOWLEDGE TO ATTRACT THE MAXIMUM NUMBER OF BONA FIDE BUYERS AND SHALL STRIVE FOR THE HIGHEST DOLLAR RETURN TO THE COUNTY. AUCTIONEER SHALL MARKET BY: ADVERTISEMENTS IN LOCAL NEWSPAPERS (SUN -SENTINEL). ADVERTISEMENTS IN TRADE JOURNALS AND PERIODICALS. AUCTION DATE IS TO BE LISTED ON ALL BROCHURES MAILED OUT OF AUCTIONEER'S OFFICE. DIRECT CONTACT WITH KNOWN BUYERS. MAILING BROCHURES TO BUYERS FROM HIS MAILING LIST, AND ALSO FROM ANY LIST PROVIDED BY THE COUNTY. BROCHURES SHALL BE PREPARED AND DISTRIBUTED WITH DESCRIPTIONS AND INVENTORY TO BE SOLD. E. MISCELLANEQ III AS-PB03-2001 3/29/01 Pace 12 of 19 PREVIOUS CONTRACT #J-2-99-039-9-1 ATTACHMENT "A" BID #J-3-01-075� (CONTINUED) SPECIFICATIONS AND REQUIREMENTS AUCTIONEERING SERVICES SALE DATA THE AUCTION DATES SHALL BE MUTUALLY AGREED UPON BY BROWARD COUNTY AND AUCTIONEER, NOT TO EXCEED SIXTY (60) DAYS FROM DATE OF REQUEST. TERMS AND CONDITIONS: ALL PURCHASES MUST BE SETTLED IN FULL AT THE END OF SALE BY CASH, CASHIER'S CHECK, OR COMPANY CHECK ACCOMPANIED BY A BANK LETTER OF GUARANTEE. BUYERS WILL BE REQUIRED TO PRESENT LETTER OF GUARANTEE AT TIME OF REGISTRATION. PERSONAL OR COMPANY CHECKS WILL ONLY BE ACCEPTED WHEN ACCOMPANIED BY A VALID LETTER OF GUARANTEE FROM YOUR BANK. ABSOLUTELY NO CHECKS WILL BE ACCEPTED WITHOUT THE ABOVE. PAYMENTS WILL BE MADE PAYABLE TO BROWARD COUNTY. ALL SALES ARE SUBJECT TO STATE AND LOCAL TAX LAWS. SALES TAX NUMBERS WILL BE REQUIRED ON ALL PURCHASES BY DEALERS FOR RESALE. FAILURE TO FURNISH A TAX NUMBER WILL REQUIRE PAYMENT OF THE SALES TAX ON ALL PURCHASES. AUCTION PREPARATION BROWARD COU NTY SHALL FURNISH TO AUCTIONEER COPIES OF ALL TITLES AND BILL OF SALES FOR ALL VEHICLES AND EQUIPMENT TO BE AUCTIONED. THE PROJECT MANAGER SHALL VERIFY ALL INFORMATION PROPERLY TO AVOID DISCREPANCIES DURING THE TITLE TRANSFER ON SALE DAY. RECORDS AUCTIONEER SHALL KEEP SUCH RECORDS AN ACCOUNTS AND REQUIRE ANY AND ALL CONTRACTORS AND SUBCONTRACTORS TO KEEP RECORDS AND ACCOUNTS AS MAY BE NECESSARY IN ORDER TO RECORD COMPLETE AND CORRECT ENTRIES AS TO CHARGES BILLED TO COUNTY. ALL BOOKS AND RECORDS RELATIVE TO THE PROJECT WILL BE AVAILABLE AT ALL REASONABLE TIMES FOR EXAMINATION AND AUDIT BY COUNTYAND SHALL BE KEPT FOR A PERIOD OF THREE (3) YEARS AFTER THE COMPLETION OF ALL WORK TO BE PERFORMED PURSUANT TO THIS AGREEMENT. INCOMPLETE OR INCORRECT ENTRIES IN SUCH BOOKS AND RECORDS WILL BE GROUNDS FOR COUNTY'S DISALLOWANCES OF ANY FEES OR EXPENSES BASED UPON SUCH ENTRIES. ALL BOOKS AND RECORDS WHICH ARE CONSIDERED PUBLIC RECORDS SHALL, PURSUANT TO CHAPTER 119, FLORIDA STATUTES, BE KEPT BY AUCTIONEER IN ACCORDANCE WITH SUCH STATUTES. AS-PS03-2001 3/29/01 PAGE 13 of 19 PREVIOUS CONTRACT - -B-1 BID -3.0 - -B1 ATTACHMENT"B" DRUG FREE MRKPLACE CERTIFICATIgN THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT IT WILL PROVIDE A DRUG -FREE WORKPLACE PROGRAM BY (1) PUBLISHING A STATEMENT NOTIFYING ITS EMPLOYEES THAT THE UNLAWFUL MANUFACTURE , DISTRIBUTION, DISPENSING, POSSESSION, OR USE OF A CONTROLLED SUBSTANCE IS PROHIBITED IN THE OFFEROR 'S WORKPLACE, AND SPECIFYING THE ACTIONS THAT WILL BE TAKEN AGAINST EMPLOYEES FOR VIOLATIONS OF SUCH PROHIBITION ; (2) ESTABLISHING A CONTINUING DRUG -FREE AWARENESS PROGRAM TO INFORM ITS EMPLOYEES ABOUT (1) THE DANGERS OF DRUG ABUSE IN THE WORKPLACE ; (II) THE OFFEROR'S POLICY OF MAINTAINING A DRUG -FREE WORKPLACE; (III) ANY AVAILABLE DRUG COUNSELING, REHABILITATION, AND EMPLOYEE ASSISTANCE PROGRAMS; AND (IV) THE PENALTIES THAT MAY BE IMPOSED UPON EMPLOYEES FOR DRUG ABUSE VIOLATIONS OCCURRING IN THE WORKPLACE; (3) GIVING ALL EMPLOYEES ENGAGED IN PERFORMANCE OF THE CONTRACT A COPY OF THE STATEMENT REQUIRED BY SUBPARAGRAPH (1); (4) NOTIFYING ALL EMPLOYEES, IN WRITING, OF THE STATEMENT REQUIRED BY SUBPARAGRAPH (1), THAT AS A CONDITION OF EMPLOYMENT ON A COVERED CONTRACT, THE EMPLOYEE SHALL: (1) ABIDE BY THE TERMS OF THE STATEMENT; AND (II) NOTIFY THE EMPLOYER IN WRITING OF THE EMPLOYEE '$ CONVICTION OF, OR PLEA OF GUILTY OR NOLO CONTENDERE TO, ANY VIOLATION OF CHAPTER 893 OR OF ANY CONTROLLED SUBSTANCE LAW OF THE UNITED STATES OR OF ANY STATE, FOR A VIOLATION OCCURRING IN THE WORKPLACE NO LATER THAN FIVE DAYS AFTER SUCH CONVICTION . (5) NOTIFYING BROWARD COUNTY GOVERNMENT IN WRITING WITHIN 10 CALENDAR DAYS AFTER RECEIVING NOTICE UNDER SUBDIVISION (4) (II) ABOVE, FROM AN EMPLOYEE OR OTHERWISE RECEIVING ACTUAL NOTICE OF SUCH CONVICTION . THE NOTICE SHALL INCLUDE THE POSITION TITLE OF THE EMPLOYEE; (6) WITHIN 30 CALENDAR DAYS AFTER RECEIVING NOTICE UNDER SUBPARAGRAPH (4) OF A CONVICTION , TAKING ONE OF THE FOLLOWING ACTIONS WITH RESPECT TO AN EMPLOYEE WHO IS CONVICTED OF A DRUG ABUSE VIOLATION OCCURRING IN THE WORKPLACE : (I) TAKING APPROPRIATE PERSONNEL ACTION AGAINST SUCH EMPLOYEE , UP TO AND INCLUDING TERMINATION ; OR (II) REQUIRING SUCH EMPLOYEE TO PARTICIPATE SATISFACTORILY IN A DRUG ABUSE ASSISTANCE OR REHABILITATION PROGRAM APPROVED FOR SUCH PURPOSES BY A FEDERAL , STATE, OR LOCAL HEALTH, LAW ENFORCEMENT, OR OTHER APPROPRIATE AGENCY; AND (7) MAKING A GOOD FAITH EFFORT TO MAINTAIN A DRUG -FREE WORKPLACE PROGRAM THROUGH IMPLEMENTATION OF SUBPARAGRAPHS (1) THROUGH (6). (VENDOR SIGNATURE) (PRINT VENDOR NAME) STATE OF COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME TUL% D 2001, BY (NAME OF PERSON WHO'S SIGNATURE IS BEING NOTARIZED ) AS (TITLE) (NAME OF CORPORATION /COMPANY), KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN , OR WHO PROD (TYPE OF IDENTIFICATION ) AS IDENTIFICATION , AND WHO DID /DID NOT TAKE AN OATH . NOTARY PUBLIC: AS-PB03-2001 3/29/01 PAGE 14 of 19 PREVIOUS CONTRACT - -B-1 (SIGNATURE) (PRINT NAME) NN COMMISSION EXPIRES: BID #J-3-01-075-B1 AS-PB03-2001 3/29/01 PAGE 15 of 19 PREVIOUS CONTRACT #J-2-99-039-B-1 ATTACHMENT "C" CERTIFICATION OF VENDORS PROVIDING BENEFITS FOR DOMESTIC PARTNERS BID #J-3-01-075-131 THE UNDERSIGNED VENDOR HEREBY CERTIFIES THAT ITS EMPLOYEE BENEFITS POLICIES ARE IN COMPLIANCE WITH BROWARD COUNTY ORDINANCE #1999-03, AS AMENDED BY BROWARD COUNTY ORDINANCE #1999-18, AS FOLLOWS: A VENDOR'S EMPLOYEE BENEFITS PROGRAM INCLUDES THE FOLLOWING MINIMUM STANDARDS 1. ANY VENDOR'S EMPLOYEE WHO IS A PARTY TO A DOMESTIC PARTNERSHIP RELATIONSHIP IS ENTITLED TO ELECT INSURANCE COVERAGE FOR HIS OR HER DOMESTIC PARTNER OR A DEPENDENT OF SUCH DOMESTIC PARTNER ON THE SAME BASIS IN WHICH ANY OTHER VENDOR'S EMPLOYEE MAY ELECT INSURANCE COVERAGE FOR HIS OR HER SPOUSE OR DEPENDENTS. AVENDOR'S EMPLOYEE'S RIGHT TO ELECT INSURANCE COVERAGE FOR HIS OR HER DOMESTIC PARTNER, OR THE PARTNER'S DEPENDENT, EXTENDS TO ALL FORMS OF INSURANCE PROVIDED BY THE VENDOR TO THE SPOUSES AND DEPENDENTS OF VENDOR'S EMPLOYEES. 2. ANY VENDOR'S EMPLOYEE WHO IS A PARTY TO A DOMESTIC PARTNERSHIP RELATIONSHIP IS ENTITLED TO USE ALL FORMS OF LEAVE PROVIDED BY THE VENDOR INCLUDING , BUT NOT LIMITED TO SICK LEAVE AND ANNUAL LEAVE TO CARE FOR HIS OR HER DOMESTIC PARTNER OR THE DEPENDENT OF THE DOMESTIC PARTNER AS APPLICABLE . ALL OTHER BENEFITS AVAILABLE TO THE SPOUSES AND DEPENDENTS OF VENDOR 'S EMPLOYEES ARE MADE AVAILABLE ON THE SAME BASIS TO THE DOMESTIC PARTNER, OR DEPENDENT OF SUCH DOMESTIC PARTNER, OF A VENDOR'S EMPLOYEE WHO IS PARTY TO A DOMESTIC PARTNERSHIP RELATIONSHIP . IT IS WITHIN THE VENDOR'S DISCRETION AS TO WHAT BENEFITS ARE PROVIDED TO ITS EMPLOYEES AND WHETHER VENDOR'S EMPLOYEES WHO ARE PARTY TO A DOMESTIC PARTNERSHIP RELATIONSHIP MUST BE REGISTERED IN ACCORDANCE WITH BROWARD COUNTY ORDINANCE NO. 1999-03, AS AMENDED, IN ORDER TO BE ELIGIBLE FOR ACCESS TO EMPLOYEE BENEFITS. B. THE VENDOR'S DOMESTIC PARTNERSHIP ELIGIBILITY CRITERIA ARE SUBSTANTIALLY EQUIVALENT TO THE FOLLOWING 1. EACH DOMESTIC PARTNER IS AT LEAST 18 YEARS OLD AND COMPETENT TO CONTRACT . 2. NEITHER DOMESTIC PARTNER IS MARRIED NOR A PARTNER TO ANOTHER DOMESTIC PARTNERSHIP RELATIONSHIP 3. THE DOMESTIC PARTNERS ARE NOT RELATED BY BLOOD . 4. CONSENT OF EITHER DOMESTIC PARTNER TO THE DOMESTIC PARTNERSHIP RELATIONSHIP HAS NOT BEEN OBTAINED BY FORCE, DURESS, OR FRAUD. 5. EACH DOMESTIC PARTNER AGREES TO BE JOINTLY RESPONSIBLE FOR EACH OTHER 'S BASIC FOOD AND SHELTER. STATE OF COUNTY OF THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS ,BY (VENDOR SIGNATURE) (PRINT VENDOR NAME) DAY OF AS (NAME OF PERSON WHOSE SIGNATURE IS BEING NOTARIZED) (TITLE) KNOWN TO ME TO BE THE PERSON DESCRIBED HEREIN , OR WHO PRODUCED WHO DID/ DID NOT TAKE AN OATH. NOTARYPUBLIC: (SIGNATURE) (PRINT NAME) OF (NAME OF CORPORATION /ENTITY) AS IDENTIFICATION, AND (TYPE OF IDENTIFICATION) AS-PB03-2001 3/29/01 PAGE 16 OF 19 PREVIOUS CONTRACT #J-2-99-039-51 STATE OF AT LARGE (SEAL) AS-PB03-2001 3/29/01 BI D W-3-01-O75-131 PAGE 17 OF 19 7- 9- 1 9717 954 782 8143;9 1/ 1 PRODUCER ..:.... HRH•insurance of Atlanta, Inc. 200 Galleries Pkwy. , NW ,Ste ##1290 Atlanta, GA 30339-5966 INSURED Fisher Auction Co Andre LaBauve 431 N. E. First Street Pompano Beach, FL 33060 �+. = DATE (MM/DD/YY #M4'�i;`�i�S'iii;�a>�i'ii:i�i� i;ii•`:`isi3�>3=Ji`�f�t>;:j`i>"`�irii?i�'� �_tr<?:;?iS' ii. ) TH18 CERTIFlCATE fS ISSUED A$ A MATTER OF INFORMATIDNI ONLY AND I:ONFERg NO RIGHTS UppN THE CERTIFICATE HOLDER. THIS CERTIFICAT!< DQES NpT AMEND, EXTEND OR ALTIER THE CQVERApE AFFORDED BY THE POL(Cl S BELQVy, �� COMPANIES AFFOROIN[; rAveeA.•� ./i COMPANY °iTxa"crelers Insurance COMPANY 13 COMPANY C COMPANY ��- (p> D :..:..T.::: = HI5 Is To CERTI AT THE POLICIES ;, ;:_;:,::.,.,;.:.<,:->.:e:-;::_::•<:a:::-:: INDICATED, NOTIIMTHST OF INSURANCE LISTED BELOW HA STANDING ANY VE 9EEN 15S RE UED CERTIFICATEQUIREMENT T TO THE INSURE MAY BE ISSUED OR MAY PERTAIN THE ERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT NEED WITH FOR THE'POLICY PERIOD EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, OEREIN I WITH RESPECT TO WHICH THIS INSURANCE AFFORDED BY THE POLICIES DESCRIB>=D HEREIN IS SUBJECT TO ALL THE TERMS, LTR TYPE OF INSURANCE POLICY NUMBRR POLICY EFFECTIVE � MI OD TI; N A GENERAL LWBWDATE (MMMD►n'1 DATE TY MMdDD/YY LIMITS X COMMMERCIAL GENERAL LIABILITY 16 6 0 5 9 4 X 6 4 4 7 0 3/ 01 / 01 03 01 / 0 2 GI=NERAL AGGREGATE $ �0_' 000 CLAIMS MADE L4', I OCCUR PRODUCTS-COMP/OP AGO $2 , 0 0 0 . 0 0 OWNER'S & CONTRACTOR'S PROT PERSONAL A ADV INJURY $1 0 0 0 0 0 0 Vendor. / � � I/!! D EACH OCCURRENCE i1 000 ;000 FIRE DAMAGE (Any ane nre S 10� 0 0 AUTOMOBILE LU181LITY 0 a e 0 Mel: LIED EXP (An ono arson) s ANY AUTO 5 , 0 0 0 ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS GARAGE LIABILITY ANY AUTO EXCESS LIABILITY UMORFLLA FORM OTHER THAN UMBRELLA FORM WORKERS COMPrSNSATION AND EMPLOYERS' LIABILITY THE PROPRIETOR/ PARTNERS/EXECUTIVE INCL OFFICERS ARE; EXCI OTHER Acceptable b Not Acceptable (Note Defick Signature COMBINED SINGLE LIMIT BODILY INJURY (P- Persan) BODILY INJURY (Per M=kwq PROPERTY DAMAGE AUTO ONLY -BA ACCIDPNT ONLY: EACH STATUTORY LIMITS 'ertificatHolderadditional $ insured ATZMA, for Auction Lon on August 11, Anne Lodato, Senior Buyer Teh City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLEDyBEFORE 'THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIOA IION OR LIABILITY OF ONV ws— �....... _._ REPRESENTATIVE 0 �"^, x..�grr�mww�wr+.wm•Xnryrv.m mmw.wyx«r�ww„�..,, Nlun. July 9, 2001 itt q:ite 1!Y'd ci;i SE0T9 rr'd our Icsce i What d' you thr Bend usycrur ents Accessing the pages on ambest,com constitutes the user's agreement to our terms of use; Information collected via this Web site is protected by our privacy statement; Comments or concerns should be directed to our customer service group; For other matters refer to our contact us page. A.. nry�,�e,� b21 - Trave ers �nsutrance ompany (Acc Dept) "Ratings as of 71912001 8:53:03 AM E.S.T. Click for a free Bests. Insurer Profile on this company, or purchase the complete Best's Company Report for in-depth analysis. Rating Category (Superior): Assigned to companies which have, on balance, superior financial strength, operating performance and market profile when compared to the standards established by the A.M. Best Company. These companies, in our opinion, have a very strong ability to meet their ongoing obligations to policyholders. Best's Ratings reflect our opinion based on a comprehensive quantitative and qualitative evaluation of a company's financial strength, operating performance and market profile. These ratings are not a warranty of an insurer's current or future ability to meet its contractua obligations. (Best's Ratings are proprietary and may not be reproduced without permission from A.M. Best.) The rating symbols "A++", "A+", "A", "A-", "B++", and "B+" are registered certification marks of the A.M. Best Company, Inc. Best's Security Icons are awarded to Secure rated (A++, A+, A, A-, B++, B+) companies. This special emblem displays their rating and category (Superior, Excellent, or Very Good), helping you discern industry leaders at a glance. Insurance Companies interested in placing a Best's Security Icon on their web site are required to register online. Copyright a 2001 by A.M. Best Company, Inc. ALL RIGHTS RESERVED No part of this report may be distributed in any electronic form or by any means, or stored in a database or retrieval system, without the prior written permission of the A.M. Best Company. Refer to our terms of use for additional details. Exhibit "B" Temp Reso # 9448 AGREEMENT THIS AGREEMENT is entered into on 2001 between the City of Tamarac, a municipal corporation with inci I o ices located at 7525 NW 88t" Avenue, Tamarac, Florida 33321 ("the City") and Fisher Auction Company, Inc., a Florida corporation with principal offices located at 431 N.E. First Street, Pompano Beach, Florida 33060 (Contractor) for the purpose of providing auctioneering services to the City of Tamarac. The parties hereby agree to the following terms and conditions. In return for valuable consideration in an amount not to exceed Two Thousand Five Hundred Dollars ($2,500), Contractor shall comply with the terms and conditions within the Broward County Contract #J301075131 attached hereto as Exhibit C. All terms and conditions of contract documents set forth in Exhibit C are incorporated herein as if set forth in full, except as modified by the proposal specific to the City of Tamarac as set forth in Attachment A incorporated as if set forth in full. Upon execution of this Agreement, all references made to the Broward County Contract #J30107581 in Exhibits B and C shall be interpreted as pertaining to Tamarac, and all terms and conditions of Exhibits B and C shall be deemed as having been implemented for use within the City of Tamarac. It is understood that wherever the words "agency name" or "agency board name" appear, they shall be read as "City of Tamarac" and "City of Tamarac Commissioners." This agreement and Exhibits B and C constitute the entire agreement between the City and the Contractor, Fisher Auction Company, Inc. Whenever either party desires or is required under this Agreement to give notice to any other party, it must be given by written notice, sent by registered United States mail, with return receipt requested, addressed to the party for whom it is intended at the following addresses. CITY City Manager City of Tamarac 7525 NW 88t" Avenue Tamarac, FL 33321 With a copy to the City Attorney at the same address. CONTRACTOR Lamar P. Fisher, Sr., CAI President / Principal Fisher Auction Company, Inc. 431 N.E. First Street Pompano Beach, FL 33060 IN WITNESS WHEREOF, the parties have made and executed this Agreement on the respective dates under each signature. The City of Tamarac, through its Mayor and Fisher Auction Company, Inc. through its President Principal, duly authorized to execute same. ATTEST. Marion Swens n, CIVIC City Clerk Date: 2&zo/ CITY OF TAMARAC By: x Joe Schreiber, Mayor Date: -7- / 6 -e By: !_SV X L_ 2 v`7''C�• Jeffrey L. iller City Manager Date:-7---16 -01 pprove as o for and gal 5uffcie cy: By: itchell . Kraft, City Attorney Date: ATTEST: (C rate a ary Type/Print Name of Corporate Secy. (CORPORATE SEAL) STATE OF FLORIDA COUNTY OF k3cc�crc� COMPANY NAME By: V ( Name of P esid nt) Lamar P. Fisher Sr. CAI Type/Print Name of President / Principal Date: ACKNOWLEDGEMENT SS I HEREBY CERTIFY that on this day, before me, an Officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledts, personally appeared,; ct�sft , President of E-1 ;Umen lcel(,� =► TKI. _a Florida Corporation, to me known to be the person(s) described in and who executed the foregoing instrument and acknowledged before me that he executed the same. WITNESS my hand and official seal this �'` day of u , 2001. ------ -------- MARGARET NAVARRO MY COMMISSION N CC 714975 �Of EXPIRES: February 10, 2002 1-0003 NOTARY Ra Notary SwAos & Bondiinp Co. ( personally known to me or ( ) Produced Identification NOTARY'PUBLIC, State of Florida at Large K-1c NC 'r-. (Name of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced ( ) DID take an oath, or ( ) DID NOT take an oath. PERSONAL PROPERTY AUCTION CONTRACT Agreement Dated: Re: Sucplus Vehicles E ui ment and Miscellaneous Personal Property Owners: The City of Tamarac c/o Ms. Anne Lodato Buyer Address: 7525 Northwest 88th Avenue City: Tamarac Florida 33321 Telephone: 954 724-2451 Auctioneer: Fisher Auction Co. Inc. WITNESSETH This Agreement is by and between the above named person(s), hereinafter called "Seller(s)" and FISHER AUCTION CO., INC. hereinafter called "Auctioneer". The Seller and Auctioneer do hereby covenant and agree that the Seller shall employ the professional services of the Auctioneer to sell the personal property of the Seller by the terms and conditions of this Agreement, and outlined as follows: L INVENTORY A. Within Fourteen (14) days after signing this Agreement, Seller shall deliver to Auctioneer a complete inventory listing all items to be sold at Auction. If available, said inventory should be delivered by e-mail or computer disk in excel or similar database format using 2 columns - one for Seller's identification number and one for Seller's description. B. No item shall be added, withdrawn, or sold from said inventory by Seller 48 hours prior to the Auction unless agreed upon by both parties. Inventory must be available for set-up and lotting 72 hours prior to Auction Event. II. TITLE A. Seller guarantees that all inventory to be sold at Auction is free and clear of all liens and encumbrances of any kind whatsoever. III. ABSOLUTE A. All inventory is to be sold at "Absolute Auction" to the highest bidder(s) without restriction, reserve, or minimum as to price(s). IV. ADVERTISING A. Seller agrees to pay for all advertising expenses necessary to promote Seller's Auction. B. The amount of advertising expenses not to exceed: Two Thousand Five Hundred Dollars 2 500.00 C. Auctioneer will advance the advertising expenses and will be reimbursed out of the gross sales proceeds. V. COMMISSION A. Auctioneer shall collect a Ten Percent (10%) Buyer's Premium on all purchases, which commission shall be collected from the Buyer. VI. SITE The Auction shall be conducted at the following location: Place: Public Works Department _ Address: 6011 Nob Hill Road City/State/Zip: Tamarac Florida VU. TUVIE The Auction shall be conducted as follows: Day: Saturda Date: August 11 2001 Hour: 10:00 A.M. roolp T CITY OF TAMARAC WITNESS WI SS mn/fortna/P=PMP ACKNOWLEDGED: FISHE& U TIO O., ZNC.