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HomeMy WebLinkAboutCity of Tamarac Resolution R-99-237Temp. Reso. #8743, August 30, 1999 1 CITY OF TAMARAC, FLORIDA RESOLUTION # R-99- a 7 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO AWARD BID #99-29B ENTITLED "ALUMINUM TANK TRAILER" TO FRUEHAUF TRAILER SERVICES, INC, THE LOWEST RESPONSIVE AND RESPONSIBLE BIDDER, IN THE AMOUNT OF $49,379.00 PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Fleet Services Division of Public Works has recommended the replacement of the Utilities Department's aluminum tank trailer as part of the FY99 Vehicle and Equipment Replacement Program; and WHEREAS, the Fiscal Year 1999 Capital Improvement Budget approved and appropriated funding for the replacement of the aluminum tank trailer; and WHEREAS, the City of Tamarac publicly advertised Bid #99-29B for the purchase of one (1) aluminum tank trailer in the Sun Sentinel on July 18, 1999 and July 25, 1999; and Temp. Reso. #8743, August 30, 1999 2 WHEREAS, Fruehauf Trailer Services, Inc. submitted the lowest responsive and responsible bid as per the copy of the bid, and bid tabulation being hereto attached as "Exhibit A"; and WHEREAS, sufficient funds are available in the Fleet Services Operating Fund; and WHEREAS, the Director of Utilities, the Director of Public Works, and the Purchasing/Contracts Manager recommend that Bid #99-29B be awarded to Fruehauf Trailer Services, Inc., the lowest responsive and responsible bidder listed in the bid tabulation; and WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in the best interest of the citizens and residents of the City of Tamarac to authorize the award of Bid #99-29B entitled "Aluminum Tank Trailer" to Fruehauf Trailer Services, Inc. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA- 1 Temp. Reso. #8743, August 30, 1999 3 1 1-1 SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of the Resolution. SECTION 2: The award of Bid #99-2913 for the purchase of one (1) aluminum tank trailer is hereby approved. Section 3: Funding for this purchase will be from the appropriate Public Works Operational Account No. 503-5083-519-6405 entitled "Motor Vehicles". SECTION 4: All Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: 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 this Resolution. Temp. Reso. #8743, August 30, 1999 4 1 E 1 SECTION 6: This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this a2'Vday of 1999. r.'V1-f*w CAROL GOLD, CMC CITY CLERK I HEREBY CERTIFY that I have apprg ved this RESOLUTION as tdforhi A _ i . A/ r, —fiTTCHELL S. CITY ATTORNEY SL/tk 61 JOE SCHREIBER MAYOR RECORD OF COMMISSI MAYOR SCHREIBER DIST 1: COMM. PORTNE DIST 2: V/M MISHKIN DIST 3: Comm. SULTANC 4: _ COMM.DIST Rf)A;: " - "EXHIBIT A" • s L d d CD ti H M d 0) cu v N N dm i v) NLL N fA cn d .aC d CN 00 '++ N N (D c V o c_ �+ N N C:L Q r r 0 UCo fn d z L U)Cc Q (1) CF) Q) L d co 0) N O = O Z 0 co -0 O H cn a CL O H ° U � r- N N CO W O (D__ ca rn U E U C O E o LL©� r Z. 0 COMPANY NAME: (Please Print): T;eyEfh'?9UG ,YeRP-109S mac. Phone: R:�Dr q2-q--02Sj5 Fax: 306-- 652-002-7 gs�y SzS- oz 73 ---NOTICE--- t / BEFORE SUBMITTING YOUR BID, MAKE SURE YOU.. 1. Careful) read the DETAILED SPECIFICATIONS and then properly fill out the BID FORM Y P P Y (Attachment "A"). 2. Fill out and sign the NON -COLLUSIVE AFFIDAVIT (Attachment "B" and have it properly / notarized. 6 / 3. Sign the CERTIFICATION PAGE (Attachment "C"). Failure to do so will result in your Bid being deemed non -responsive. Fill out BIDDERS QUALIFICATION STATEMENT (Attachment "D"). 5. Fill out the REFERENCES PAGE (Attachment "E"). ^V 6. Sign the VENDOR DRUG FREE WORKPLACE FORM (Attachment "F") 7. Include WARRANTY Information, if required. 8. Clearly mark the BID NUMBER AND BID NAME on the outside of the envelope. y 9. Submit ONE (COLORED) AND TWO (2) PHOTOCOPIES of your bid. N/A 10. Include a BID BOND, if applicable. Failure to provide a bond will result in automatic rejection of your bid. 11. Make sure your BID is submitted prior to the deadline. Late Bids will not be accepted. N/A 12. Include proof of insurance. FAILURE TO PROVIDE THE REQUESTED ATTACHMENTS MAY RESULT IN YOUR BID BEING DEEMED NON -RESPONSIVE. THIS PAGE AND THE FOLLOWING COLORED PAGES ARE TO BE RETURNED WITH YOUR BID. • THIS SHOULD BE THE FIRST PAGE OF YOUR BID. lift • BID FORM ALUMINIUM TANK TRAILER BID NO. 99-29B Submitted by: 1, �4! C�)2 64111CeS C• g h(7 (Bidder) (Date) THIS BID SUBMITTED TO: CITY OF TAMARAC Attention: Purchasing and Contracts Manager 7525 Northwest 88" Avenue, Tamarac, Florida 33321 1.The undersigned Bidder proposes and agrees, if this bid is accepted, to enter into an .agreement with the City to perform and furnish all Work as specified herein for the Contract Price and within the Contract Period indicated in this bid. 2. This bid will remain subject to acceptance for sixty (60) days after the day of bid opening. Bidder will sign and submit an agreement with the necessary documents required by the City within fifteen (15) days after the date of the City's Notice of Award. a) Bidder has familiarized itself with the nature and extent of the contract documents, locality, and all local conditions and laws and regulations that in any manner may affect cost, progress, performance or furnishing of the Work. b) Bidder has given the City written notice of all conflicts, errors or discrepancies that it has discovered in the contract documents and the written resolution thereof by the City is acceptable to Bidder. c) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm or corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over the City. 3. Bidder will complete the Work for the prices shown in the " Bid Form". 4. Bidder agrees that the Work will be substantially performed and complete in accordance with the schedules established herein. 11. . BID FORM ALUMINIUM TANK TRAILER BID NO. 99-29B We propose to furnish the following in conformity with the specifications and at the below bid prices. The bid prices quoted have been checked and certified to be correct. Said prices are fixed and firm and shall be paid to Bidder for the successful completion of its obligation as specified in the contract documents. PRICE OF(1) ONE ALUMINUM TANK TRAILER 3 79. 00 (As per the Detailed Specifications listed on Pages 9 through 16 of this Bid) DELIVERY INFORMATION (Please list the approximate time it will take to ZZ2 DAYS deliver the Trailer after receipt of order) /6 ,,,)eeks rAbm Recelp7- ***'"Note: Delivery MUST BE F.O.B. DESTINATION OF 02-bek- FA0:7_1. ace (Please explain or list the Warranty that the City will receive on the Trailer) **********Attach additional sheets if needed �-'I Pit _(� �� 1('ft7tM�y �� A--�TO t �► � � -�-Q.Ym S �owim Authorized Signature 19 Company Name c TERMS AND CONDITIONS Warranty. Fruehauf Trailer 'Services, Inc. (called Fruehauf) prior to receipt thereof shall be� deemed to be a loan to Customer and warrants to the first retail customer that all new trailers will be free of defects Fruehauf shall have a security interest in said trades to.securg said ban, in material and workmanship when properly maintained and used in normal which may be repaid only by delivery of said trades to' Fruehauf after service free from accident or collision, (For any components covered by a acceptance of all new units ordered hereunder as the same are tendered for separate Fruehauf warranty, that warranty is attached and will apply.) Normal delivery, or by repayment in full in cash. If Fruehauf has received any trades service shall mean the loading, unloading and carriage of uniformly prior to the completion of this order and is not completed for any reason, distributed legal loads of non -corrosive and properly secured cargo on well Fruehauf may return said trades to Customer and recover any amounts paid maintained public roads with gross vehicle weights not exceeding the labeled for them together with the reasonable value of any repairs performed on gross vehicle weight rating.. Any air suspension is covered by separate them, or Fruehauf, may retain the trades and credit Customer for their then written warranty. Fruehauf makes no warranty as to parts or accessories actual value as determined by Fruehauf. manufactured by others. Fruehauf assigns to the customer any warranties in Solvency. By signing this order, Customer represents to Fruehauf favor of Fruehauf with respect to any such parts or accessories which may, that Customer is ;riot. insplver t as that:,tarm, is defined by the. Unik m legally be assigned by Fruehauf. This warranty does not cover ('g parts Commercial Code. which are not defective but which may wear out and have to be replaced;.(2) alignments or adjustments which are. normal maintenance items not caused Shipment: Unless otherwise agreed, Fruehauf,will shipithe trailers by a defectvin the trailer, or (3) parts which after delivery have -been repaired and equipment to the'destinoWn designated by the Customer and shipment or altered by anyone other than Fruehaufs service representative unless,.iri': will be made by,common or contract carder, with Customer as the consignee. Fruehaufs opinion, such repairs or alterations did not in any way contribute If no separate freight charge is stated on the order, Customer agrees to pay' to the defective condition. the reasonable freight charge for shipment of the equipment from it§$lacd of order-rr},installments, which I be separately invoiced manufacture, in addition to the stated purchase price. Fruehauf and payable may ship the FRUEHAUF MAKES THE FOREGOING NON - ASSIGNABLE WARRANTY SOLELYIE .TO T FIRST RETAIL Ae. X delayin shipmentshall obligation to not relieve the Customer of, its obligation to CUSTOMER .AND IT SHALL BE IN LIEU OF ANY OTHER accept the remaining shipments."Stated or promised shipment dates are WARRANTY, EXPRESSED OR IMPLIED, INCLUDING BUT estimates only. Fruehauf shall not be liable for,failure to ship or delays in NOT LIMITED TO, ANY IMPLIED WARRANTY OF shipment occasioned by any cause. Title to equipment -shall pass:upon. MERCHANTABILITY OR FITNESS -FOR PARTICULAR Customer receiving shipment. The risk of loss of any equipment ordered PURPOSE, WHICH ARE DISCLAIMED. hereunder shall pass to Customer when Fruehauf tenders delivery tlereof•to Customer or any representative of Customer, including but not limited to any Customer and Fruehauf agree that Fruehaufs exclusive liability carrier, bailee, agent, spouse, or employee of Customer, or in a manner under this warranty or otherwise. shall be- the repair or replacement, at specified by Customer. Fruehaufs option, of any defective equipment. Customer must give notice of Entire agreement. It is understood and agreed that this order the defect immediately after such defect is or ought to have been discovered, confirmation is a binding contract which contains the entire agreement and return the equipment to Fruehauf or other mutually agreeable location between Fruehauf and Customer with respect to the trailer and equipment within 20 days after Fruehauf requests.its.retum. Fruehauf shall have no and the provisions hereof supersede all other negotiations, orders, liability for cargo loss, loss of use or any other incidental or consequential confirmations and memoranda between the parties with respect to this order. dame s, � The terms and conditions of this order may not be revised or modified in any - Payment. Customer agrees to pay cash for the equipment as way except in writing, -.signed by the party to be charged. delivery is tendered unless another form ofL;ettlement is indicated on the Fruehauf's approval, This order confirmation by Fruehauf is face of this order. At any time-. to settle ant hereunder, Fruehauf may, conditional on Customer's assent to all of its terms and conditions, whether after reasonable notice to Customer, change the requirements for a cash the same as, additional to or different from those offered by Customer, deposit or change the metal of settlement, which may include, without Customer modifications of any terms and conditions of this order modification limitation, full payment in cash on delivery, ifsuchaction, in Fruehaufs shall be of no effect unless approved in writing by an executive officer of reasonableopinion, is required by changes in Customer's credit rating or Fruehauf.. - Customeei ability to pefforn its obligations hereunder. If settlement is to be made by execution of a lease or an Installment contract, Customer agrees to GUARANTY execute a binding instrumentsatisfactory to Fruehauf according to the terms on the face hereof, and .regardless of the mode of settlement, agrees that' In consideration of, and as an inducement to, the acceptance and unless and until such an instrument is executed, or payment in full is made, execution of the foregoing order by Fruehauf, and in fulfillment of a prior .. Fruehauf is hereby granted a lien thereon, and shall have the rights of a agreement to make this Guaranty; the undersigned and each of them, jointly.. secured creditor under the UniformCommercialCode with respect thereto, and severally, if there be more than one, agrees to pay Fruehauf on. demand including the right to peaceably repossess upon default. Where permitted by any and all sums which may become due to Fruehauf should Customer law, Fruehauf shall have the right to execute and file notice of a security default in performance of the foregoing order, or in the performance of any interest on Customer's behaff.-If settlement is to be made by execution of a lease or installment contract entered into by Customer with respect to any of lease and the lease rentals are in any way based on the fnvestnidnt Tao the goods Viescribed in said order. This Guaranty shall not be affected by Credit to be taken by Fruehauf, Fruehauf and Customer agree that this order any modification of the terms of said order or by any changes in the and the lease to be entered into pursuant hereto shall include and be subject specifications of the goods ordered thereunder, and this Guaranty shalt to the attached Schedule One. Any assignment by either Fruehauf or continue in full force and effect unless and until it is superseded by a Customer of any rights or obligations hereunder shall be ineffective without subsequent guaranty entered into following delivery of and settlement for the prior written consent of the other party. No such assignment shall relieve said goods, or unless and until all obligations guaranteed hereby shall have Customer of any of its obligations, In. -the event Fruehauf is required to make been fully performed. changes in or additions to the goods by applicable law prior to the delivery The undersigned waives notice of and consents to any extensions, thereof, the price of the goods shall be adjusted to include Fruehaufs usual renewals, refinancing or modifications of said agreement, or the release, charges for such changes or additions. repossession, or foreclosure, of all or part of the collateral, and waives any Interest. Customer agrees to pay a late charge of 1 '?z% per right he may have to require suit against Customer. month (18% per annum) or the highest lawful rate, whichever is less, on any If this guaranty is signed by one or more corporations, the amount not paid when due. individual or individuals signing for each corporation hereby warrants that he Taxes. Customer agrees to pay all taxes imposed by any taxing has authority to sign this quaranty on behalf of such corporation, that all authority as a result of this . transaction, or of the manufacture, sale, necessary corporate action has been taken and that such corporation has ownership or use of the goods described herein or upon the receipts or authority to make this quaranty and that the guaranty is in all respects earnings therefrom except net income taxes leviedon Fruehauf... enforceable against such,corporation in accordance with its terms. Trade-ins. The purchase price of goods shown as trades shall be credited to Customer when the same are received by Fruehauf, less any, signed: sums necessary to restore them to the condition they were in When appraised by Fruehauf, and less a reasonable rental for every day any trade remains undelivered to Fruehauf after delivery of the replacement unit or Signed: units ordered hereunder. Any amount paid by Fruehauf in respect of trades El • BID FORM continued Bidders Name: r /P--9/&3v- J2? //6,,S -7,- , NOTE: Bid submittals without the manual signature of an authorized agent of the Bidder shall be deemed non -responsive and ineligible for award. TERMS: 0 % DAYS: Ala-7- Delivery/completion: calendar days after receipt of Purchase Order NOTE: To be considered eligible for award, one (1) ORIGINAL AND TWO (2) COPIES OF THIS BID FORM must be submitted with the Bid. IF "NO BID" IS OFFERED, PLEASE PROVIDE THE FOLLOWING INFORMATION: Please indicate reason(s) why a Bid Proposal is not being submitted at this time. Return the Bid Form to avoid removal of Bidder from the City of Tamarac's vendor listing. 20 r� C] BID FORM ALUMINIUM TANK TRAILER BID NO. 99-29B Bidder's Name: 7L%�lJ�'zJF ICPse VARIATIONS: The Bidder shall identify all variations and exceptions taken to the Instructions to Bidders, the Special Conditions and any Technical Specifications in the space provided below; provided, however, that such variations are not expressly prohibited in the bid documents. For each variation listed, reference the applicable section of the bid document. If no variations are listed here, it is understood that the Bidder's Proposal fully complies with all terms and conditions. It is further understood that such variations may be cause for determining that the Bid Proposal is non -responsive and ineligible for award: SectiorY W14too Variance ZY Section G//4h#S Variance Section Variance Section Variance W vc.4' 5f�l S ` ! 7 6/ve c�eca. �5 v -{0 F4e.r V A- -M ey cu; r c 6e w:�ee� -� ow�►ee riec��i�- �0 6e �e�(e.w,i Attach additional sheets if necessary. 21 • State of Florida ) ) ss. County of Dade ) Juan C. Diaz NON -COLLUSIVE AFFIDAVIT being first duly sworn, deposes and says that: (1) He/she is the representative (Owner, Partner, Officer, Representative or Agent) of Fruehauf Trailer Services Inc. - the Bidder that has submitted the attached Bid; (2) He/she is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid: (3) Such Bid is genuine and is not a collusive or sham Bid; (4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other • Bidder, firm, or person to submit a collusive or sham Bid in connection with the Work for which the attached Bid has been submitted; or to refrain from bidding in connection with such work; or have in any manner, directly or indirectly, sought by person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed work; (5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affiant. r • led and delivered a/e-/Z M 22 C- (Printed Name) • • NON -COLLUSIVE AFFIDAVIT ACKNOWLEDGMENT State of Florida ) ) ss. County of Dade ) BEFORE ME, the undersigned authority, personally appeared Juan C. Diaz to me well known and known by me to be the person described herein and who executed the foregoing Affidavit and acknowledged to and before me that he executed said Affidavit for the purpose therein expressed. WITNESS my hand and official seal this 1 nth day of , 1999 OFFICIAL-1 KATHERINE MARIE GRASSI NbTAKY t UBUC STATE OF FLORIDA - COMMISSION NO. CC6018n NIY� ION EXP- DEC. 3,2000 ( x ) Personally known to me or ( ) Produced identification NOTARY PUBLIC, State of Florida at Large i (ISignature of Notary Public: Print, Stamp, or Type as Commissioned) Type of I.D. Produced (� DID take an oath, or ( x ) DID NOT take an oath. 23 . CERTIFICATION THIS DOCUMENT MUST BE SUBMITTED WITH THE BID • • We(I), the undersigned, hereby agree to furnish the item(s)/service(s) described in the Invitation to Bid. We(I) certify that we(I) have read the entire document, including the Specifications, Additional Requirements, Supplemental Attachments, Instructions to Bidders, Terms and Conditions, and any addenda issued. We agree to comply with all of the requirements of the entire Invitation To Bid. Indicate which type of organization below: INDIVIDUAL ❑ PARTNERSHIP ❑ CORPORATION LEI OTHER ❑ IF OTHER, EXPLAIN: AUTHORIZED SIGNATURE: JUAN C. DIAZ AUTHORIZED SIGNATURg HINTED OR TYPED) SALES REPRESENTATIVE TITLE r FEDERAL EMPLOYER I.D. OR SOCIAL SECURITY NO COMPANY NAME: FRUEHAUF TRAILER SERVICES, INC. ADDRESS: 17301 N.W. 2nd AVENUE CITY: MIANT 35-2012484 FLORIDA33169 STATE: ZIP: TELEPHONE NO.: (305) 652-3660 FAX NO.: (305) 652-0027 CONTACT PERSON: JUAN C. DIAZ 24 • • BIDDERS QUALIFICATION STATEMENT The undersigned certifies under oath the truth and correctness of all statements and all answers to questions made hereinafter: Name of Company: FRUEHAUF TRAILER SERVICES S_,INC. Address: 17301 N.W. 2nd AVENUE MIAMI State FL Zip 33169 Telephone No. 305 652-3660 Fax No. ( 305) 652-0027 _ How many years has your organization been in business under its present name? 2 1/2 years If Bidder is operating under Fictitious Name, submit evidence of compliance with Florida Fictitious Name Statute: Under what former names has your business operated? FRUEHAUF TRAILER CORPORATION At what address was that business located? 17301 N.W. 2nd AVENUE, MIAMI, FL 33169 Are you Certified? Yes ❑ No ❑ If Yes, ATTACH A COPY OF CERTIFICATION Are you Licensed? Yes ® No ❑ If Yes, ATTACH A COPY OF LICENSE Has your company or you personally ever declared bankruptcy? Yes [J No M If Yes, explain: Are you a sales representative A distributor ❑ broker ❑ or manufacturer 19 of the commodities/services bid upon? Have you ever received a contract or a purchase -order from the City of Tamarac or other governmental entity? Yes ❑ No 2 If yes, explain (date, service/project, bid title, etc) Have you ever received a complaint on a contract or bid awarded to you by any governmental entity? Yes ❑ No ]a If yes, explain: Have you ever been debarred entity? Yes ❑ No 13 If yes, explain: or suspended from doing business with any governmental 25 a 7+ , so Cj +-.Cam � w m Q xa C rJ t�'a -n a %0 o tri ca Lq ;* ca .r. 7> °' ;--i O r ►� m d L to WC7 w PJ � o � � d ts� O O o � nJ M r rri J• 0 No Text 0 REFERENCES • Please list name of government agency or private firm(s) with whom you have done business within the past five years: Agency/Firm Name: 'Boka OF CoupTy COMM16Si' A,gess City/State/Zip Phone: 9Sll�3_7 5SFax:IM �357115..3.5 Contact 2N�" A•�'L2 gency/Firm ame: pasaLb LOU o m (5scot A C Address .So" �i✓, City/State/Zip e F[� Phone: 4S F x: �Sy4e6wo=009.2 Contact t 2d 'e%, I .. Agency/Firm Name: 5vC 5. Address od z erwe City/State/Zip L. Phone s3QT-Sba--M2_/_ ax3o =SMo- ySy� Contact_ TO_C- C� vt_v- . Agency/Firm Name: Address City/State/Zip Phone: Fax: Contact Agency/Firm Name: Address: City/State/Zip Phone: Fax: Contact:..._... Agency/Firm Name: Address: City/State/Zip Phone: Fax: Contact: Agency/Firm Name: Address: City/State/Zip Phone: Contact: Agency/Firm Name: Address: City/State/Zip Phone: Contact: YOUR COMPANY'NAME KU /Lu e ADDRESS 17,3ol N 144, ) So c 693 V6 MiAvi, FC 3 3.469 ax: Fax: PHONE: 96a — Y2, -- 02 FAX: .5OT - 3-— (no 2 26 0 VENDOR DRUG -FREE WORKPLACE Preference may be given to vendors submitting a certification with their bid/proposal certifying they have a drug -free workplace in accordance with Section 287.087, Florida Statutes. This requirement effects all public entities of the State and becomes effective January 1, 1991. The special condition is as follows: IDENTICAL TIE BIDS - Preference may be given to businesses with drug -free workplace programs. Whenever two or more bids which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid received from a business that certifies that it has implemented a drug - free workplace program shall be given preference in the award process. Established procedures for processing tie bids will be followed if non of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business s policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are is under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contenders to, any violation of chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later that five (5) days after each conviction. 5. Impose a section on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, by any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through 2i lementation of this section. As the person authorized to sign the statement, I certify that t is form complies fully with the above requirements. e- Authorized Si • 1 - � e Company Name 27