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HomeMy WebLinkAboutCity of Tamarac Resolution R-98-129Temp. Reso #8240 May 1, 1998 Page 1 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-98- /^r29 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 AVAILABILITY FOR INSPECTION OF ITEMS PRIOR TO THE AUCTION; AUTHORIZING THE APPROPRIATE CITY OFFICIALS TO ENTER INTO AN AGREEMENT WITH FISHER AUCTION, INC. TO CONDUCT THE AUCTION UTILIZING BROWARD COUNTY BID #J-01-95-15-24; 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 February 6, 1998, Broward County renewed the agreement for professional auctioneering services to Fisher Auction, Inc. in response to their Bid #J-01- 95-15-24 for a period beginning May 1, 1998 through April 30, 1999, 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 Temp. Reso #8240 May 1, 1998 Page 2 equipment, which are the subject of contracts with other governmental agencies; and WHEREAS, the City Manager and the Purchasing and Contracts Manager recommend that a public auction be held to dispose of the 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 auction for the sale of surplus and obsolete equipment and material and to authorize the appropriate City officials to enter into an agreement with Fisher Auction, Inc. to conduct the auction utilizing Broward County's Bid #J-01-95-15-24. 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 declaring that the list in Exhibit "A" consists of surplus and obsolete equipment and material and directing that an auction of the surplus City equipment and material, listed in Exhibit "A" shall be held as indicated: WHEN: June 27, 1998 TIME: 10:00 AM WHERE: City Of Tamarac Public Works / Utilities Complex 6001-11 Nob Hill Road Tamarac, Florida Temp. Reso #8240 May 1, 1998 Page 3 SECTION 3: The items offered for auction will be available for inspection to the public at the City of Tamarac, Public Works / Utilities Complex on the day of the auction, from 8:00 AM to 10:00 AM, located at 6001-11 Nab Hill Road, at the same date and time. 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, Inc. attached here to as Exhibit "B° utilizing the Broward County Bid #J-01-95-15-24 for Auctioneering Services approved on February 6, 1998 attached here to as Exhibit °C. 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. 1 1 1 Temp. Reso #8240 May 1, 1998 Page 4 SECTION 8; This Resolution shall become effective immediately upon its passage and adoption. PASSED, ADOPTED AND APPROVED this /3day of M19,1( , 1998. ATTE T: Zr e7l CAROL (3016 CMbAAE City Clerk I HEREBY CERTIFY that I have app ved this RESOLUTION as to form. MI C ELL S. KRAFT City Attorney E SCHREIBER Mayor RECORD OF COMMISSI N VOTE MAYOR SCHREIBER DIST 1: COMM. McKAYE DIST 2: V/M MISHKIN �. DIST 3: COMM. SUL.TANOF DIST 4:-COMM. ROBERTS AUCTION MARKETING PROPOSAL Scope of Services: Fisher Auction Co., Inc. will conduct the Auction at one single Auction Event. I Time to Conduct Auction: From the time you authorize an agreement to employ our services, the Auction can take place within 30 - 45 days which allows sufficient time to implement our Marketing Program and penetrate the target markets necessary for a successful Auction. Per our discussions, Fisher Auction Co., Inc. has reserved an Auction date of June 27, 1998, beginning at 10:00 A.M. Location of Auction: The Auction Event will be conducted at the City of Tamarac's Public Works Department, 6011 Nob Hill IRoad, Tamarac, Florida. Auction Inspection: Fisher Auction Co., Inc. will conduct an inspection for the Potential Purchasers to view the Surplus Property one (1) hour prior to the start of the Auction Event. Marketing Highlights: Fisher Auction Co., Inc. will conduct a Marketing Campaign with high impact advertising. We will feature a direct mail campaign targeting purchasers on our mailing lists, media advertisements, telemarketing, and personal solicitations. Auction Methodology: All the Surplus Property offered will be sold on a piece by piece basis at Absolute Auction to the Highest and ' Successful Purchasers with no reserves or restrictions as to price. This Method will yield the highest dollars for the City of Tamarac. Auction Deposits/ All Bidders must register at the Auction providing full Final Payments: name, address, telephone number, driver's license number, and tender a $100.00 cash deposit in order to receive a bidder's number. Successful Purchasers must place a 25 % cash/cashier's check deposit Auction Day with the balance due in full 48 hours after the Auction, or prior to removal. During the Auction, if necessary, Successful Purchasers may be required to place an additional good faith deposit for large purchases. Fisher Auction Co.. Inc. Produces Top Dollar For You... rI i I OP These costs are a fixed amount of monies so the City of Tamarac is aware ahead of time what their obligation is with no other costs to them. In Section II of this proposal, Fisher Auction Co., Inc. has provided a detailed line by line marketing campaign budget for your review and will provide a complete expense portfolio with copies of paid invoices, advertisements, etc.. verifying each expense approximately 20 days after the Auction Event. For your convenience, Fisher Auction Co., Inc. will advance the marketing expenses and take them out of the gross sales proceeds. Conclusion: Fisher Auction Co., Inc. is the "Standard of Excellence" in the Auction method of marketing. Winner of numerous national awards, Fisher is one of the largest and most successful specialty Auction Firms providing professional Auction services for liquidation and cash conversion of inventories in both the public and private sectors of our economy. Fisher Auction Co., Inc. is currently ranked in the top ten largest Auction Firms in the Untied States and we are very proud of our successful track record. We welcome the opportunity to serve the City of Tamarac, and are immediately available for further discussion and planning the steps to success for the referenced matter. We pledge to always protect everyone's interests and make this a matter of paramount importance. We herewith submit this proposal for Auction and are prepared to proceed at everyone's earliest acceptance and directive. �. Fisher Auction Co., Inc. Produces Top Dollar For You... P 4 -ii� �•\ � ' � • 7�M7 7 M �:� 11:SHERh�� OIN 'April 8, 1997 Ms. Anne Lodato, Buyer The City of Tamarac 7525 Northwest 88th Avenue Tamarac, Florida 33321 Re: Public Auction of Surplus Vehicles, Equipment and Miscellaneous Personal Property Dear Ms. Lodato, Exhibit B It would be Fisher Auction Co., Inc.'s pleasure to sell the City of Tamarac's Surplus Property at Public Auction. We personally pledge our dedicated best on the City of Tamarac's behalf and anticipate a successful Auction for all parties involved. Should you have any additional questions concerning our proposal, please don't hesitate to call me at (954) 942-0917. I look forward to working with you and your Staff. Enthusiastically, FISHER AUCTION CO., INC. �[ 4AMAR P. FIS , SR., CAI Senior Vice President \ Principal LPF: mn E CORPORATE HEADQUARTERS 431 N.E. First Street, Pompano Beach, Florida 33060 (954)942-0917(800)331-6620 (954)782-8143 Facsimile Web Address: http://members,aol.com/FisherAuc • E-mail. FisherAuc@aol.com AU #332 • AB #106 Lu a O w LU m O ti m w H C 3G Y ]C Y �C Y 1.LC X U U U U U U U U N N O O O O m a � F- c`u F- r- F- F- 12 T F- 2 F- 2 w F- c`u F- m � F- � ❑ U'UUUUUUU aa,a4. a. c � CD U N N t C o N E 0 = L_ o :Q L U �l c +% m a 3 3 N W w rr a - v, cn LL LL LL LL LL. LL LL LL LL U - LL LL 4. W a o c = = = m = = = = = = = = �, : w O +. C j E N N a) w O m 'O o 'O o o O O- O m _ 72 C Q U U N ++ p N w w w L_ N N N N O O O �. 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'~ G N ro O- a`I �Q- m m TCZ4a. �- c FT LU p fit p 7toU` O? 7 LL70'Ca5 O 'P E O' Q>in¢ ro O G ch � r � fD CO LO ('U Q co r C cD Q Q N� .rr.. T ❑ (` � p� N co X Q Q¢ r 4 CD Q Q¢ Q ¢¢ Q ¢ Q Q Q Q¢ yam CO mlozzz�oQzzzz(9zzz�zzzzzz cj n �ovm f0 r CD r' m CA LO fib 't r r O N LU (� LL 41, a) M n L r - M� m lit) W CO O CC7 N f� N (�P M t Q Q Q c� LO Q CD � Q LO LO rn Q Q Q Q Q x N ro LLQh❑c�Ogf C� �` M M O -OOmc�c+>chchc�m, W W W W �' (] M f`rl Zz�T Q mz c.OZzzQzz 1 1 1 T N N co Nr Lo CO ti 00 C3) O . cV M 'qr LO fD f-- W M O r N [ri v u7 CO f- co 03 O r fU r THE STMOAR ] OF EX1 i ZM— w ll AUCTION CQ INC. a� Eemn rid,,, PERSONAL PROPERTY AUCTION CONTRACT Agreement Dated: Re: SLurplus Vehicles Equipment and Miscellaneous Personal- Property Owners: The City of Tamarac - c/o Ms. Anne Lodato Bu er 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 g 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: I. 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. B. No item shall be withdrawn or sold from said inventory by Seller prior to the Auction unless agreed upon by both parties. 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. M. ABSOLUTE A. All inventory is to be sold at "Absolute Auction" to the highest bidder(s) without restriction, reserve, or minimum as to price. 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 De artment Address: 6011 Nob Hill Road City/State/Zip: Tamarac Florida VII. TIME The Auction shall be conducted as follows: Day: Saturda Date: June 27 1998 Hour: 10:00 A.M. \NOWLEDGED: 1 J- S t7r THE CITY OF TAMARAC Robert S. Noe, jr. - City Manager WITNESS WITNESS inn/corms/perspr,p ACKNOWLEDGED: WITNESS i N6A • i THE srkNDkRD or ormma® r AISK N> CQ INC. t8L LI UIDATION PAST PERFORMANCE Fisher Auction Co., Inc. has been providing liquidation services for municipalities, counties, states and Federal Government entities for more than 20 years. A partial list of client services provided are as follows: 1. Defense Reutilization and Marketing Service 20. City of South Bay, Florida 2. General Services Administration 21. City of Hollywood, Florida 3. Federal Deposit Insurance Corporation 4. Resolution Trust Corporation 5. Farmers Home Administration 6. United States Marshal's Service 22. City of Homestead, Florida 23. City of Pembroke Pines, Florida 24. City of Margate, Florida 25. City of Riviera Beach, Florida 7. Federal Savings & Loan Insurance Corporation 26. City of Lauderhill, Florida 8. Small Business Administration 27. U.S. Bankruptcy Court, District of Connecticut 9. State of Florida 10. Broward County, Florida 11. Sheriff's Dept. of Broward County, Florida 12. School Board of Broward County, Florida 13. School Board of Dade County, Florida 14. City of Pompano Beach, Florida 15. City of Lighthouse Point, Florida 16. City of Sunrise, Florida 17, City of Dania, Florida 18. City of Miramar, Florida 19. City of Fort Lauderdale, Florida 28. U.S. Bankruptcy Court, Southern District of Florida 29. U.S. Bankruptcy Court, Middle District of Florida 30. U.S. Bankruptcy Court, Northern District of Florida 31. U.S. Bankruptcy Court, Eastern District of Michigan 32. U.S. Bankruptcy Court, Middle District of Tennesee 33. U.S. Bankruptcy Court, Northern District of Wash. 34. U.S. Bankruptcy Court, Central District of California 35. U.S. Bankruptcy Court, Southern District of Georgia 36. U.S. Bankruptcy Court, District of Puerto Rico 37. U.S. Bankruptcy Court, District of Wisconsin 38. U.S. Bankruptcy Court, District of New Jersey CORPORATE HEADQUARTERS 431 N.E. First Street, Pompano Beach, Florida 33060 (954)942-0917 (800)331-6620 (954)782-8143 Facsimile • 0 CORPORATION RESOLUTION On this date, May 6, 1998, be it resolved that Lamar P. Fisher Sr. Senior Vice President Chief Operating Officer Secretary, -.Shareholder, Director and Principal of Fisher Auction Co., Inc. has the authority to enter into any and all Auction agreements with the City of Tamarac, Florida. STATE OF FLORIDA COUNTY OF BROWARD Sworn to (or affirmed) and subscribed before me this 6th day of May, 1998 by Louis B. Fisher Jr. (SEAL) _ Margaret Navarro Notary Name(print) F,-e MARGAR�T NAVARROMY COMMISSION M CC 714975"' EXPIRES:Fehruary10,2= Notairy ignature ,"WARY Fla, Noisy S",, 8 Bonding Co. Personally Known X or Produced Identification Type of Identification Produced Exhibit C C, J Purchasing Division 115 S. Andrews Avenue, Room 212 Fort Lauderdale. FL 33301 (954) 357-6W • ;AY roan% acme ocir February 06, 1998 Fisher Auction, Inc. 431 NE 1 st Street Pompano Beach, FL 33069 Attn: Mr. Louis B. Fisher Reference: Bid - #J-01-95-15-24 Auctioneering Services Dear Mr. Fisher: We hereby accept your offer to renew the above referenced contract number. This award is subject to all terms/conditions contained in the above contract. This contract is in effect for the period beginning May 1, 1998 and ending April 30, 1999. A Copy of this notice, is being forwarded to all applicable Using Agencies. Purchase Order(s) will be placed as and when required. Thank you for your interest in doing business with Broward County. Sincerely, GLENN R. CUMMINGS, Director Purchasing Division By Edith Jean- a tiste Purchasing Agent I GRC:afm BROWARD COUNTY BOARD OF COUNTY COMMISSIONERS — An EQUOI ODportunily Employer and Provider of Services Norman Abramowitz Scprt I, an Suzanne N. Gunzburger Ilene Lieberman Lon Nonce Parrish Sylvia Ppilier John E. Rodslrpm, Jr. World Wide Web: hllp://www.cp_btow9fdJl_us�nurer,��.,, SUBMIT BID TO: BOARD OF COUNTY COMMISSIONERS BROWARD COUNTY, FLORIDA Broward County Purchasing Division 115 S. Andrews Avenue, RaQm 212 INVITATION FOR B I D Fort Lauderdale, Florida 33301-1801 Bidder Acknowledgment — GENERAL CONDITIONS — THESE INSTRUCTIONS ARE STANDARD FOR ALL CONTRACTS FOR COMMODITIESISERVICES 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 1N THE SPECIAL INSTRUCTIONS TO BIDDERS OR IN THE 810 SHEETS. BY ACCEPTANCE OF A PURCHASE ORDER ISSUED BY THE COUNTY, BIDDER AGREES THAT THE PROVISIONS INCLUDED Wt1'FiIN 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. SEALED BIDS: This form must be executed and submitted with ail bid sheets in a sealed envelope. (DO BIDS WILL BE OPENED 2 p.m. and may not be withdrawn within 90 calendar dill mU? slA% h and time. NOT INCLUDE MORE THAN ONE BID PER ENVELOPE). The 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 BID TITLE AUCTIONEERING . SERVICES are subjected to the conditions specified herein. Those which do not comply with these conditions are subject to rejection. BID NO. 1. EXECUTION OF BID: Bid must contain an original signature of an individual authorized to bind the bidder. Bid must be typed or printed in ink. All corrections made PURCHASING AGENT NAME TELEPHONE NUMBER by bidder to his bid must also be initialled. The bidders name should also appear on each page of the bid sheet if required. Bids will not be accepted from firms in arrears to the Board of County Commissioners upon debt or contract nor from a defaulter upon obligations to the Board h 4+ 4 ,- IJWi HY DATE } SPA SPA.C41-I.NSTRUC.Nt�N.,O1k ..: fivtrt�E +s>t apple +� - dAtk didddlUkf TERMS of County Commissioners, Bidder certifies by signing the bid that no principals or corporate officers of his firm were principals or corporate officers in any other firm which may have been suspended or debarred from doing business with Broward County within the last three years, BID GUARANTY IS ATTACHED. WHEN REQUIRED, IN THE AMOUNT OP $ REASON FOR NO 510 unless so noted in the bid documents. 2. NO BID: If not submitting a bid, respond by returning this FEDERAL EMPLOYER I.D. or SOCIAL SECURITY NUMBER 9? 3 2 J 0the Bidder Acknowledgement form, marking it "NO BID", no later than the stated bid opening date and hour, and explain reason in the space provided. Failure to respond DUN 6 BRADSTREET NUMBER without justification may be cause for removal of the bidders name from the bid mailing list. NOTE: To quality as a respondent, bidder must submit a "NO BID."- BIDDER NAME 3. BID WITHDRAWAL. No bidder may withdraw his bid before the expiration of ninety (90) calendar days from the date of bid opening unless vendor so notes in the bid. T r •'r T 1 r m I" BIDDER MAILING ADDRESS/CITY/STATErAP 431 NE 1 ST 4. BID OPENING: Shalt be public, on date, location and time POMPANO BEACH FL 33069 specified on the bid form. It is the bidders responsibility to assure that his bid is delivered at the proper time and AREA CODE TELEPHONE NO. CONTACT PERSON place of bid opening. Bids. which for any reason are not 305_942_ 1 I_ B, FISHER III so delivered, will not be considered. Bid files and any bids after they are opened may be examined during normal working hours by appointment. Bid tabulations are available for inspection upon request. S. ADDENDA TO BID: Broward County reserves the right A RE (original in ink) to amend this Bid prior to the Bid opening date indicated_ Only written addenda will be binding. If, upon review, Louis B. Fisher, III, CEO matenal errors in specifications are found. contact the Purchasing Division immediately, prior to Bid opening date, TYPED NAME OF SIGNER TITLE to allow for review and subsequent clarification on the part of Broward County. (Continued on Page 2) f army met this bid fa made MUMA OW undsrsran &M agnanem or can Wdm wrm Wy aarvw.ddn. Arm or ouear+ wbmedng a brd for In*ern» rtpMMVIOM and is n a rraoaeya falr and M-.4 —,-- Or fraud_ 1 agree w abide by as dorahnfana dl thp 00 end OeeW thst 1 am autnormea to sW mfe No for the Wow. Further bV Nmmm Of r" Omm. Ong" 1 mnxw 4 are adwomemea and accwtod as -Am " arty 00— Mu-00" aneegs) d ate, Ll s103-28 (Rev. v93) Page 1 of 4 Pages • AM-HRUM ADCTIONEIlR]2:O BER7zCgg BXD #j.AODD�DIf (r cn421. loss To: aoAxD Or cvDrrrY aRo�AR4 COMM' FLORIDA A11 blanks have been tilled la �d returned herewith. ID . 9a Sa Attached to the c ` ompleCed In Accordance wIn�r'itaCiOn fox Bid, ig all trims, conditions, epecilieatigna a the followinq: nd re 4uiromenta, the biddar offers (ITastB 1 TBRQ 3 ) CON"ODIT'r COD; #961100000000 MMMMATXD ITIN GROag DB IPTIOM ♦ PAID To l• $700,000 A I TOTAL vehicles - Level I I Percent to be paid to Auctioneer from gross Paid bids ' received at each auction for the the duration at this contrast. - (See Attachment "A") x 2 2. t 30.000- mobil Hamer - 14, 000.00 Percent a Level II �+ Anetieneer)fto be paid to received at each gauctiss oniforithe duration of this Contract, (see Attachment "A") 10 a. s sa,000 " : 5,000.00 Miscellaneous - Level II Mira. items (SOO Attachment "A") Percent (1) to be paid to Auctioneer from grew paid bids received at each Auction for the duration of this contract. x 10 � # 5,000.00 X9r TaTAL (1T=W 1 'uQ 3) 24, 000. 00 � 2 Hiscellansou■ Auctionr Per to (I yqu1enx Management. 1 HAe■ Transit) Estimate 1 or 80ata, Radice, ate. Per year Co Estimate 3 vehicle auctions include Computer Equipment, Office Equipment. IurnitIt is unknown at this t the to i.ms whether there will be a r s1s at the contract, egsrireraent to auction Mobile homes during The County will award ar determined to be CzMMj-arionerer the right !r reserved In the beat interest of Of commodities/ servis a ed to make award b the Board of County . all or none or an Y individual eammodltier/services y cembinwtian thereof. group The adobe ^total" a above the monia■ paid to the successful bidder during a two .Period based on the above eetimater. The Count (I) year y door not guarantee any amount of receipts for any auction under this contract. HAM or BIDDER Fisher Auct' Co. Inc, S'3 TO PRappscrsya s2DD�r Bd BCRA xp BAD _.j. ZvI7A7ZCtN FOR 7BID. 'lCZ'SURI$� A"Z115 N7�ATIy� Op TOOR rIBX OXIBMDXX AC70yt��„�C 1, (BLD3) ro= am � MM Ba CWff D 1°'f/ WrVD Br AN Asgr0arssva. JX/UK/341/P94a A$- P65A.'3= 311 Revised page 5 of 12 (continued) "THE UNDERSIGNED BIDDER WILL EXTEND THE SAME PRICE, TMMS AND CONDITIONS TO OTHER COVERMM=S LOCATED IN BROWARD COUNTY DURiNC THE PERIOD comma BY THIS CONTRACT, IF REQUIRED:' \` � YES NO VENDOR FAX 0 305-782-8143 Acknowledgement is hereby made of the fallowing Addenda or Amendments (identified by number) received since issuance of this bids Addendum #1 In accordance with 6.5 of 'Special Instructions to Bidder', indicate if an exception to insurance requirements is being requested. Be specific and state reasons None -- NosscE Te„ pnsRsI Please check the Federal Employer's Identification Number (FEIN) on the face of the Invitation For Bid/Bidder Acknowledgement Form (IFD) (BLUE) and make appropriate corrections on the IPM. If the County does not have the correct FEIN, PAZZMM CANXDr BE MADE TO YOUR ISBN. mum or SIDDEE Fisher Auction Co., Inc., Louis B. Fisher, TIT, CEO 0 AOYf; TO PAOspaIc= BIDDml: Bd SORB TO SAYS = MtVZTA XOE MR RXD, (BIDDER ACXNOWLBVGZMM7 (BLUE) PORKI SrdUM BY AN AUSEDRIZED BRPRBSBsTArxvlr ar FOUR rMM OR LOUR axp Mr Nor BE CONSMMM RESMNSIYE. • AS-P6SA 214 Page 6 of 12 • BID flJ•01• •1 •24 Ptmc=,OXNG DXVIBION B*MW or cotrrrr COIINIBBSDNERe BROWMW COUNTr, rLOR2DA A D D E N D V M #I bMIMMnM SERVICES DATE Or ADDENDux: Mich 2._ 1. 19,2' TO ALL PROBPECTIVE B=DERBs PLEA011 NOTETH% TOtjX4WM Cxuaggs 1. She Bid Sheet has been revised to reflect the "estimated gross receipts" for the initial +to (2) yea term of the contract. _ 2. Reference page 1 of 12 Special Instructions to Bidders, Item 11, "Auctioneering Qualifications," the third point has been modified to read: "Auctioneer must have conducted vehicle/equipment auctions for a governmental entity in the State of Florida with MiEgative receipts over,i100.000 during 1994. 3. Bid Sheet, page 5 has been revised and is attached and NDBT be completed and returned with your Invitation For Bid form (Bidder Acknowledgement) due Tuesday April 4, 1993 at 2:00 p.m. All other terms, conditions and specifications remain unchanged for Bid IJ-01-95-19-24. xM Or B=DER: JR/NN/242/P943 A9•PG5A.BID 321 BID SHEET ADOMIDUN 91 DID #.7-0•26-15.24 AUCTIONEER ERVICE March 21, 19955 Tat BOARD OF COUNTY C0MlS96I0I1112 BRONARD COMITY, FLORIDA All blanks have been filled in, BID BM= is attached to the completed 'Invitation For Bids and returned herewith. In accordance with all terms. conditions, specifications and requitemants, the bidder offers the followiaq: (iTSIB 1 THRU 3) COINODITY CODS #961100000000 SSTXNATED ST= GROSS 4 PAID TO TOTAL RECES t)xgc:txpTxoff PRICE 1. $700,000 vehicles - Level I Percent (t) to be paid to Auctioneer from gross paid bids received at each auction for the the duration of this contract. r (See Attachment "A") x t ; 2. 30,000 Mobil Homes - Level II Percent (%) to be paid to Auctioneer from gross paid bids received at each auction for the duration of this contract. (See Attachment "A") x i 3. f 50,000 Miscellaneous - Level It Mime. items (see Attachment "A") Percent (t) to be paid to Auctioneer from gross paid bids received at each auction for the duration of this contract. x : TOTAL arum 1 TERM 3) 6 � NOTE9m Estimate 3 vehicle auctions per year (2 Equipment Management. 1 Mans Transit) Estimate 1 or 2 Miscellaneous Auctions per year to include Computer Equipment, Office Equipment, Furniture. Beats, Radios, eta. It is unknown at this time whether there will be a requirement to auction mobile homes during the term of the contract. The County will award as determined to he in the beat interest of the Board of County Commissionerer 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 two (2) year period based on the above estimates. The County does not guarantee any amount of receipts for any auction under this contract. MAKE of BIDDER NOTE TO PR09PECTSVE BIDDER: BE SURE TO HAVE THE INVITATION FOX am. [BMDBR ACXffONLZVGnawT (star) Foxes) sxm= sr AN AUTEORSZED REPRESENTATIVE OF YOUR FIR!( OR rOUx DID WILL NOT BE CONSSDERZV RESFWSZVE. ON, E �J PREVIOUS CONTRACT ,/D-00-9_L 04 ass /Jz9J=LJ- Ls-?a PURCRASING1XVISION BOARD OF couxTY COMMISSIONER- BROWARD COUNTY, FLORIDA L-INSTRUCTIONS s sERvIczs Bids are hereby invited on an open -End basis (per Paragraph 9, General Conditions) for Auetionsering Services for various divisions within Broward County. The initial Contract period shall start on date of award, or April 22. 1993, whichever is later and shall terminate two (2) years from that date. The Purchasing Director may renew this Contract for two (2) one (1) year periods in accordance with Paragraph 10 General Conditions. 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. t If a specific basis of award is not established in the Invitation for Bid, .the award shall be to the responsible bidder meeting the following qualifications with the lowest responsive bid meeting the written specifications. ON t • Auctioneer must have conducted a minimum Of 12 auctions during 1994. • Auctioneer must have conducted a minimum of 12 auctions for government entities in the State of Florida during 1994. • 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 1994. t 11=t THE FOLLOWING PROVISIONS TASK PRECEDENT OVER ITEM 32, INVITATION FOR BID, (SIDDER'S ACKNOwLEDGEMENT), GENERAL CONDITIONS, ITEM 032. 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 solicitation or proposed award of a contract wwhigh is may protest to the Director of Purchasing. The protest shall be submitted in writing within seven calendar days after such aggrieved person known 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 le■■ than a_SDO. ( 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. 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 (305) 357-6071. 2. C = was specifications, requirements and services to be provided are stated in Attachment A" attached hereto and made a part hereof. i Bidders requiring additional information regarding any of the bid terms, conditions or administrative requirements should contact John Sunzman, Purchasing Agent at (305) 357-6114. Bidders requiring technical clarifications should contact Joel Mariani at (305) 537-2850. No change(s) and no interpretation (a) shall be considered binding unless Provided to all bidders in writing by the Director of the Purchasing Division. AS-P65A 221 Page 1 of 12 SPRCIAL INSTRUCTIONS MR !LPRM DID /J-01-95-15-26 (Continued) 3. Pas-alD CM=RZNCE: Attendance at the pre -bid conference is optional. This information session presents an opportunity for the bidders to clarify any concerns regarding bid requirements. The bidder is cautioned that, although the Pre -Bid Conference is optional, no modification or any changes will be allowed in the pricing because of the failure of the bidders to have visited the site or attend the conference. If yeu require any auxiliary aids for coommication, please call 337-6065 so that arrangeunts can be lade in advance. 4. 2SLZ= AM MOM=: See Attachment "A" i See Section 18 of General Conditions. 6. MMMM REOUIRMENTS: (SAMPLE INSURANCE CERTIFICATE ATSACSED)(Attachment "D") 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 coverage■ set forth in this Section. 6.1 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 includes 6.1.1 Employers, Liability with minimum limits of One Hundred Thousand Dollars ($100,000.00) each accident. 6.1.2 Notice of Cancellation and/or Restriction -- The policy(@) must be endorsed to provide Broward County with thirty (IQ) day■ notice of cancellation and/or restriction. 6.1.3 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 Jones Act. 6.2 Comprehensive General Liability with minimum limits of Three Hundred Thousand Dollars ($300,000.00) 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: 6.2.1 Promises and/or Operations. 6.2.2 Independent Contractors. 6.2.3 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. 6.2.4 COUNTY is to be included as an "Additional Insured" in the name of "Hroward County Board of Commissioners" with respect to liability arising out of operations performed for COUNTY in connection with general supervision of such operation. 6.2.5 Notice of Cancellation and/or Restriction -- The policy(s) must he endorseo to provide Broward County with thirty (30) days notice of cancellation and/or restriction. • AS-P65A 221 Page 2 of 12 • SPECIAL S BID IJ-Oj 9S-1S-26 (continued)AUSMIMMING SERVICES 5. : (continued) fi.3 Business automobile Liability with minimum limits of Two Hundred Thousand Dollars ($200,000.00) per occurrence combined single limit for Bodily Injury Liability and Property policy, without restrictive endorsements, as filed by the Insurance Services Office and must includes 6.3.1 Owned Vehicles. 6.3.2 Hired and Non -owned Vehicles. 6.3.3 Notice of Cancellation and/or Restriction -- The endorsed to provide Broward County with policy(s) must be cancellation and/or restrictions. thY O days notice of 6.4 The CONTRACTOR *hall provide to the COUNTY Certificates of Insurance evidencing the insurance coverage specified in 6.1, 6.2, and 6.3 above. The Contractor should provide 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 i contract. It the completion of thesInitial nwork, renewal Certificates ofIasuranxceshall be furnished thirty (30) days prior to the date of their expiration. 6.5 Certificates of insurance shall be provided as specified in sub -section 6.4 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(@) thereto for exemption from insurance requirements as specified in this section of this invitation for bid/quotation request. 7. 2 Not applicable for this bid. In accardanoe with Ordinance No. 92-14 of the Board of County Cversissioners of Broward County, the right is reserved by the Board of Commissioners to provide for a local preference in an amount of one percent (IS) of the bid or proposal. 9 t (Supersedes paragraph 25 of General ConditionsThe CONTRACTOR a i Indemnify and save harmless the COUNTY, its officers, agents and emloyees, fray hall or on p account of any injuries Or damages, received or sustained by any person or persons during or on account of any operations connected with this Project; or by or in consequence of any negligence (excluding negligence of COUNTY), in connection with the @&et Or by use of any improper materials Or by or on account of any act Or omission of the said Contractor or his Subcontractor, Agents, Servants or Employees. Contractor arising fromrees to or basedaupon the vHave iolationthe of ny feda gains state, county orciiability ty by-laws, ordinances or regulations by the CONTRACTOR further agrees to indemnify and gave harmless the COUNTY from all such claims and fees, and from any and all suite 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 his 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, his subcontractor or by anyone directly or indirectly employed by either. 10. Broward County Procurement Code Chapter 21.31.a. requires awards of competitive sealed bids and sealed proposals (520,000.00 or more) be made only to firms certifying the establishment of a drug free workplace. The Drug Free workplace certification (Attachment "B') must be furnished to his toffice prior to an award being made. Failure to provide this certification will ineligible for award. render your Office unqualified and AS-P65A 214 Page 3 of 12 ter_ Sp p BID f,�Rl-95-_15-2I (continued) AUCTIONBLRINa SL'LUCEe 11. PVBLIC ENTITY CRIl mi notarized "SWORN STATEMENT UNDER SF Bidders should submit signed and 287.133(3)(a), FLORIDA STATUTES ON PUBLIC ENTITY CRIMES" FORM PUR. 7068 (Rev. (ATTACHMENT "C") with their Bid; however, in any case must be complete and submit sv prior to award. tom: If you have provided the completsd form to the Broward County Board of county Commissioners and it was received on or after January 1, 1995, the completed form is not required for the balance of this calendar year. Indicate below the Contract Number you previously responded to with a completed PUR Form 7068 and return with your Bid: 0 Dated: 12. NLM,T_DISP9BRI.: In accordance with Florida 1993 Solid Waste Act, 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. 13. I In support of the Florida waste Management Law, bidders are encouraged to supply with their bid, any information available regarding recycled material controt 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 percentage 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 extracted and recycled after the product has served its intended purpose. 14. MM-COLLMON t that this offer is made independently and By signing this offer, the vendor certifies free from collusion. Vendor shall disclose below, to the best of his or her 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. stet. (1989), who is an officer cr director of, or has a material interest in. the vendor's 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 if he or she directly or indirectly owns more than 5 percent of the total assets or capital stock of any business entity, or if he or she otherwise stands 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 previsions of the Broward county procurement cod*. ffim RZLATIONSHM In the went 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-P65A 214 sir Page 4 of 12 ON C7 • BID Sn= BID 0iz21zU--L--U AUCTIONMiNG s TOs BOARD Op COU rr COXKISSIONERS BBONARD COUNTr, n4RIDA All blanks have bees filled in, BID SHEET is attached to the completed 'Invitation For Bid' and returned herewith. In accordance with all tex�ee, the followings conditions, specifications and requireeests, the bidder offers (ITEMS 1 1 3) COMMODITY CODE P961100000000 BSTnQM!xD ITEM GROSS R1VzTPTM\ FAID TO TOTAL 1• $350,000 Vehicles - L 1 are I Percent (\) to be paid to Auctioneer from gross paid bids received At each auction for the the duration of this contract. (See Attachment "A") x�\ $ 2. S 23,000 Mobil Somme - Level iI Percent (\) to be paid to Auctioneer from gross paid bids received at each auction for the duration of this contract. (Sae Attachment "A') x \ S 3. $ 25,000 Miscellaneous - Level I.1 Miac. items (see Attachment Percent (\) to be paid to Auctioneer from gross paid bids received at each auction for the duration Of this contract, x TDSAL (ITMfMs 1 TE W 31 EMS5--No ---- E Mir �llanvehs le au tons per year (2 Equipment Management, 1 Mass Transit) Estimate 1 or Boats, Radios, etc. per year to include Computer Equipment, office Equipment, Furniture, It is unknown at this time whether there will be a requirement to auction mobile homes during the term of the contract. awardThe County will determinedan st of the Board of Commissions s; theght isresery d to make award by individualto be in the best s ommodities/e•rvicea,Cgroup of commodities/services, all or none or any combination thereof. The above 'total' represents period bared on the above eetimater. the monies paid to the successful bidder during a one (1) year The County does net guarantee any amount of receipts for any auction under this contract. )CAMM OF BIDDER n RO $X SaRB Ip $AYS TSX IXYZ!'ATIDX FDR $ID, ($IDDXIM �ORIZXD RURffX" ArXVX Ol YOUR PXRN OR rWR BID AIrZ Xi�S Or BX CO)f$IDZMW RSSMjjX .B7 AM AS-P65A 214 sip ,gig (continued) Bia /J-ol-9s-i�a "THE UNDERSIGNED BIDDER WILL EXTEND THE SANE PRICE, TERNS AND CONDITIONS To OTMM COVEANNENTS LOCATED IN BROWARD COUNTY DURING THE PERIOD COVERED BY THIS CONTRACT, IF REQUIRED:" YES NO VENDOR FAX / Acknowledgement is hereby made of the following Addenda or Amendments (identified by number) received since issuance of this bid: In accordance with 6.5 of "Special Instructions to Bidder", indicate if an exception to insurance requireaents is being requested. Be specific and state reason: NCTIC!! ,')'� 31IDDERS: Please check the Federal Exployer-a Identification Nmber (TSIX) on the face of the Invitation For Bid/Bidder Acknowledgement Form (IFS) (BLUE) and cake appropriate corrections on the IFS. If the County does not have the correct FEIN. PArHAX= CANNOT BE JMPZ TO IOUR rzEx. 0 Krim or BIDDER To ERMIaGTrM BIDDERS BE SURE TO RATE TSE ZNVZ 'A71M FOR BZD, (BIDDER A=mwrMd=Zff (BWO) FaMy SXaVED Br AN ABTAfoRrEBD RASPRESEIrl'ATz9>! or rwx rzRx oR rioDR BID MILL NoT BE coxszDm= RBSPoxSXvx- • eIa xys-za C� A. Como, atino,Sh IC.tMA J1 , f2 The County will pay a percent (%) of gross bids received to the Contractor for services rendered. Z m U s The County anticipates selling miscellaneous item, from time to time. Examples of such items might be office furniture, boats, radios, computer equipment. The County will pay a percentage (t) of gross bids received to the Contractor for services rendered. B. county 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. C. 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. (Mobile homes will be auctioned where situated). 5. The County will provide a listing of auction inventory items four (4) weeks prior to auction date. 5. 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. s. The County will provide security personnel for all auctions. 9. All items consigned for auction shall be consigned on an "as is" basis. 1• AUCTIONEER will assign a project manager to coordinate all matters pertaining to Preparation of items to be sold with the appropriate County representative. Praject Manager shall supervise and implement procedures for lotting and tagging for purposes of identification and sale. checkout. project Manager shall expedite 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. S. The CONTRACTOR shall arrange for well organized, efficient procedures at auction sales. He shall tag ar 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. AS-P65A 214 Page 7 of 12 sssssserrr� BID IJ-01-9 - D. E A c (continued) SPECIlICiTIDNS AUCTIONEZRINS-LFAMILM L (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 a■ 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 an all brochures mailed out of Auctioneer's Office. Direct contact with known buyers. Nailing 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. SALE DATE The auction dates shall be mutually agreed upon by BROWARD COUNTY and AUCTIONEER, not to exceed sixty (60) days from date of request. -TERNS AND CONDITIONss 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 CMC1C.f' WILL 9E ACCEPTED WITROUT TEE 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 PREPBMION BROWARD COUNTY 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. 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 COUNTY and 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 COVNTY'S disallowances of any fees or expenses based pursuant to chaptern such i119 1 Florida tatutes,books and s which are conaidered be kept by AUCTIONEER public records shall, p In accordance with such statutes. • AS-P65A page a of lZ sza ,IJ-01-LJ-Lj-sa WO C O bIN he undersigned vendor hereby certifies that it will provide a drug -free workplace program y (1) Publishing a statement notifying its employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is Prohibited in the offerors 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: (i) The dangers of drug abuse in the workplace; (it) 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 $halls (i) Abide by the terms of the statement; and (it) Notify the employer in writing of the employees conviction under a criminal drug statute for a violation occurring in the workplace no later than 5 calendar days after such conviction; (5) Notifying 9roward county government in writing within 10 calendar days after receiving notice under subdivision (4) (it) 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 i■ convicted of a drug abuse violation occurring in the workplaces (1) Taking appropriate personnel action against such employee, up to and including termination; or (it) 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 Ven or Name) STATE OF COUNTY OF The foregoing instrument was acknowledged before me this day of 1995, by (name of person who's signature ie bung notarized) as (title) of (name of corporation company), known to me to be the person described herein, or who produced as identification, and who did/did not take an oath. (type of identification) NOTARY PUBLIC: (Signature) (Print Name) My commission expires: AS-P6SA 214 Page 9 of 12 0 • r� 0 N' 11 G� BID # 15-24 C 'C' SWORN STATEMENT UNDER SECTION 287.133(3)(a), ZZMIDA S , ON PMMIC ENTITY CRIMES THIS toRM MUST 8E SIGNED AND SWORN To IN THE PRESENCE 01► A NOTARY PUBLIC OR OTEER OFFICIAL AUTHORIZED TO ADMINISTER OATHS. 1. This sworn statement is submitted to (print nano of the public entity] by [print individual's name and title] for (print name of entity submitting sword statement) whose business address is and (if applicable) its Federal Zmployer Identification Number (FEiN) is (If the entity has no FEIN, include the Social Security Number of the individual signing this sworn statement: .) 2. I understand that a "public entity crime" as defined in Paragraph 287.133(1)(g), 21419108, means a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity or with an agency or political subdivision of any other state or of the United States, including, but not limited to, any bid or contract for goods or services to be provided to any public entity or an agency or political subdivision of any other state or of the United States and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 3. I understand that "convicted" or "conviction" as defined in Paragraph 287.133(1)(b), Statutes, means a finding of guilt or a conviction of a public entity crime, with or without an adjudication of quilt, in any federal or state trial court of record relatinq to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contenders. 4. I understand that an "affiliate" as defined in Paragraph 287.133(1)(a), LLarida Statute■, means s 1. A predecessor or successor of a person convicted of a public entity crimar or 2. An entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime. The term "affiliate" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate. The ownership by one person of shares constituting a controlling interest in another person, or a pooling of equipment or income among persons when not for fair market value under an arm'a length agreement, shall be a prima facie case that one person controls another person. A person who knowingly enters into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months shall be considered an affiliate. S. I understand that a "person" as defined in Paragraph 287.133(1)(e), flarida statutes, means any natural person or entity organized under the laws of any state or of the United States with the legal power to enter into a binding contract and which bids or applies to bid on contracts for the provision of goods or services let by a public entity, or which otherwise transacts or applies to transact business with a public entity. The term "person" includes those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in management of an entity. AS-P65A 214 Page 10 of 12 BID /a-01-95-! (Continued) Based on information and belief, the statement which I have marked below is t: relation to the entity submitting this sworn statement. [Indicate which ate applies.] Neither the entity submitting this sworn statement, nor any officers, dire executives, partners, shareholders, employees, members, or agents who are active management of the entity, nor any affiliate of the entity has been charged v convicted of a public entity crime subsequent to July 1, 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members, or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime subsequent to July 11 1989. The entity submitting this sworn statement, or one or more of its officers, directors, executives, partners, shareholders, employees, members., or agents who are active in the management of the entity, or an affiliate of the entity has been charged with and convicted of a public entity crime form subsequent to JULY- 1, 1989. However, there has been a subsequent proceeding before a Hearing Officer of the State of Florida, Division of Administrative Hearings and the Final Order entered by the Hearing Officer determined that it was not in the public interest to place the entity submitting this sworn statement on the convicted vendor list. (Attach a copy of the final -order.) I UNDERSTAND TEAT TEE SUEMISSION OF THIS FORM TO TEE CONTRACTING OFFICER FOR TEE PUELIC ENTITY IDENTIFIED IN PARAGRAFE 1 (ova) ABOVE Is FOR TEAT PUSLIC ENTITY ONLY AND, TbIAT THIS FORM Is VALID TEROVaN DECEMBER 31 Or TSE CALENDAR YEAR IN WSICS IT Is rILED. I Also UNDERSTAND TRAM I AM REQUIRED TO INFORM TEN PUSLIC ENTITY PRIOR TO ENTE[INO INTO A CONTRACT IN EXCESS OF TEE TENESSOLD AMOUNT PROVIDED IN SZCTION 287.017, rWRIDA STA=ZS FOR CATEGORY TWO OF ANY CHANGE IN TEE INFORMATION CONTAINED IN THIS FORK- [ sicjnature I Sworn to and subscribed before me this day of , 19- Personally known OR Produced identification Notary Public - State of My commission expires (Type of identification) Form PUR 7068 (Rev.06/11/92) PPrintsd typed or stamped commissioned name of notary public) • • 0 AS-P65A Page 11 of 12 BZD #J-01,i1 C� J MAY( AND AODR[ss Or AG[«Cr S A M P L E COMPANIES AFFORDING COVERAGES CoueANr A L[TT[R /1 COAMANY �— «AM[ A«O AODR[SS OF INSURED LETTER — COWANr C LITTtn comp� D _ co r E K W OR 'that ea"Ree el sMMralww auf *Mw new eerluect ar amer feelRrRm mfE rasoset 1% D"R Isms% M fla mnNwR names efew &M ew e( ter(e sift[ Irrw. NftermatarleRy wNb( Dts twTha R Rluuane srq caneRlRnt W s11en eotou arelRau mRy BB laalrRtl ar may vMwlw. uIe eltwalRe snerWe A 11s Oelr(ts ee coMewr LL1T[R Trreorl«suRANcc rot"WJMKR F(xK.( L%'1RATgN OAi( Llm e COEreR[«lrltrv[ FgRM ^r[LRt[s-oPERATgNs [xKOSION AND COLLAPSE NAa1� Lwo[NORpyNp «A(ARp PROoOPEI� igNOs «11i «0 © CONTRACTUAL 1NyURAOct BROAD FORM eROPERTr I:.7 fA[PENo(NY CONTRxCTORS ❑ PERSONAL injum AUTOMOWLE LIABILITY ❑ CCawR[«(Nsrv[ FORM aOw«[(1 El HIRED UMBIRLLA FORM 13 OTN(RT4ANUMe4LL► FORM an L ' EMPLOYERS' LIABILITY OTHER OESCR1n10N OF OF(RATIONSOLOCATIONS"It" :L[t BOOILV -mM*v t •-oKwrr DAMArA S rrR�(L term ar aRsuderr hoe* Y MlBretE m m me rhcmm EAC). AniJKtG1TI UMR«C[ s BOpLr 1«NRr AAIp _ CONO"o KR[oNAL NUURr 1 SOOgr INJURY INCH P(RSONI s BODRr INJURY s fEACH ACCID(NTI ' FSOKRtr DAMAO[ t won.lnFURr AND eAOKRTr OAMAe[ _ 110011,r IN lust AND ►IOPCWvOAMWA y f Come -NCO STATUTORr *EI CERTIFICATE MusrsHOW(on general liability onlyy) ADDITIONAL INSURED: BROWA COUNTY BOARD OF COUNTY COMMISSIONERS. BROWARD COUNTY, FLORIDA CanCNlitio". Should any of the above described policies be Cancelled before the expiration date thereof. the issuing corn, pany wlllMAlB`eI-1 mad days written notice to tfle below named Certificate holder.�w(-I yrr-te- . BINDER ACCEPTABLE ONLY IF PRODUCER IS --AGENT" POLICY NUMBER MUST BE DISPLAYED IF PRODUCER IS "BROKER" NAM( AND AOOR(SS Or CERTIFICATE MMO(R BfowaYd County Board of County Commissioners O-ft ISSUED 115 South Andrew% Avenue Ft. Lauderdale, FL 33301 ATTN Purchasing Division, Room 212 .IrrO«1r[D eve(s(NrAnvr RE: Bid R By DIRECTOR, RISK MANAGEm ENT dlVISION AS-P65A 214 PAgai 12 of 12