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Exhibit SUB
C ei_A 6-e e.. Crf PROFESSIONAL SERVICES AGREEMENT �� P7)11 on le' BETWEEN THE CITY OF MIAMI AND FISIIER AUCTION CO., INC. ock_c_F�4 to kocv c t C Li1eln `j This Professional Services Agreement ("Agreement") is made and entered into as of day of , 20 , ("Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and , (hereinafter referred to as the "Provider"). RECITALS WHEREAS, the City issued a Request for Proposals ("RFP") No. 270254 on May 4, 2011, which is attached hereto as Exhibit "A" and incorporated herein by reference for the provision of Auction Services ("Services") and Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, has been selected as the most qualified and advantageous proposal for the provision of the Services. The RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents. WHEREAS, the Commission of the City of Miami, by Resolution No. , adopted on , approved the selection of Provider and authorized the City Manager to negotiate and execute a contract in the form of a Professional Services Agreement ("Agreement"), under the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: YZ � CI-z,s"(-/7 1 TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: Unless terminated per § 15 herein, the terrn of this Agreement shall be for three (3) years beginning on the Effective Date hereof. The Effective Date for purposes of this Agreement 3. OPTION TO EXTEND: The City shall have the option to extend this Agreement for three (3) additional one (1) year periods. A. The City reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terrns and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. B. Notwithstanding the language in Section 18-86 (c) of the City Code, the aforementioned options to extend shall be exercisable at the option of the City Commission if it is in the best interest of the City. 4. SCOPE OF SERVICES: A. Provider agrees to provide the Services as specifically described in the Scope of Services, attached hereto as Exhibit "C", which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses, registrations, approvals, and expertise required to perform the Services described in Exhibit "C"; (ii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services described in Exhibit "C"; and (iii) the Services will be performed in the manner described in Exhibit "C", and in any submittals approved by the City. 2 5. COMPENSATION: Provider, as its sole compensation for the Services provided, shall receive compensation as indicated in Exhibit "D" attached hereto, which by this reference is incorporated into and made a part of this Agreement. 6. ABSOLUTE SALE: All inventory is to be sold at "Absolute Auction" to the highest bidder(s) regardless of price without restriction, reserve, or minimum price(s). 7. OWNERSHIP OF DOCUMENTS: Providers understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider (which was not previously possessed by Provider or not otherwise in the public domain) is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material which is the property of the City for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Provider shall retain all rights to any confidential or proprietary information; as such is defined by the laws of the state of Florida, prepared by Provider during the course of this Services Agreement. 8. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to five (5) years following the expiration date of this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of five (5) years after the expiration of this Agreement. All audits shall be subject to, and made in accordance with, the provisions of Section 18-102 of the Codes of the City of Miami, as it may be amended or supplemented from time to time. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to determine whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all 3 reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All test and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 of the Code of the City of Miami, Florida, as it may be amended or supplemented, from time to time. 9. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to the City's contracts subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the in -mediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anything else in this Agreement to the contrary, subject to the provisions of Florida law, including, but limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary information and trade secrets of Provider. 11. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agrees to comply in this Agreement and all Attachments thereto with and observe all applicable federal, state and local laws, codes and ordinances as they may be amended from time to time. 12. INDEMNIFICATION: Provider shall indemnify, save and hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, caused by the negligence, failure to exercise the applicable standard of care, negligent act or omission, recklessness or intentional wrongful misconduct of Provider and persons employed or utilized by Provider in the performance of this Agreement and will 4 indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, or from failure to comply with any applicable code, statute, ordinance, rule or regulation relating to this Agreement or performance under it, any breach of contract, any "statutory" or duty of care breaches or violations including any patent or copyright, infringement claims or any other civil actions arising from this Agreement even if it is alleged that the City, its officials, employees, agents or representatives were negligent . In the event that any action or proceeding is brought against City by reason of any such claim or demand, Provider shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Provider to defend at its own expense to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Provider, or persons employed or utilized by Provider. This section (Indemnification) will survive the cancellation, termination or expiration of the Agreement. This indemnification will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes, as amended from time to time as applicable. Provider shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Provider agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Provider in which the City participated either through review or concurrence of the Provider's actions. In reviewing, approving or rejecting any 5 submissions by the Provider or other acts of the Provider, the City in no way assumes or shares any responsibility or liability of the Provider or Sub -Contractor, under this Agreement. 13. DEFAULT: If Provider fails to comply with any material term or condition of this Agreement or fails to perform any of its material obligations hereunder, and if the failure to comply is in no way due to lack of performance by the City, then Provider shall be in default. If the Provider is placed on the debarred vendors list per § 287.133, Fla. Statutes it is an act of Default. If Provider fails to cure the default within thirty (30) days written notice from City, then City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement in accordance with Section 15, TERMINATION RIGHTS, of this Agreement. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. 14. RESOLUTION OF CONTRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) Provider has first received the City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000 or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, ninety (90) days if City Manager's decision is subject to City Conunission approval; or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 15. TERMINATION RIGHTS: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, at any time, for convenience and for no cause, by giving written notice 6 to Provider at least thirty (30) days prior to the effective date of such termination. In the event of a cancellation for convenience the Provider shall have no other recourse against the City except to be paid. for its Compensation earned under the contract prior to the effective date of termination. B. City shall have the right to terminate this Agreement upon the occurrence of an event of default as provided in Paragraph 13. 16. INSURANCE: Provider shall, at all times during the tern hereof, maintain such insurance coverage as shown in "Exhibit E". All such insurance, including renewals, shall be subject to the approval of the City Risk Management Director for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificate of Insurance indicating such insurance to be in force and effect and providing that a written notice of cancellation or material change shall be provided to the City Risk Management Administrator in accordance with Policy revisions. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgement of the City Risk Management Administrator, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract may be considered terminated on the date that the required change in policy coverage would otherwise take effect. 17. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider and Contractor's, respectively, performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no 7 otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to the discrimination under any provision of this Agreement. 18. ASSIGNMENT: The Provider's services are considered unique in nature. This Agreement shall not be assigned, sold, transferred or otherwise conveyed by Provider, in whole or in part, without the prior written consent of the City Commission, which may be withheld or conditioned, at the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CITY Johnny Martinez, P.E. City Manager City of Miami 444 S.W. 2"d Avenue, 10th Floor Miami, Florida 33130 with copies to: Julie Bru City Attorney City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 TO PROVIDER Lamar P. Fisher President / CEO Fisher Auction Co., Inc. 351 S. Cypress Rd., Suite 210 Pompano Beach, FL 33060-7159 20. MISCELLANEOUS PROVISIONS: A. This Agreement and its Attachments shall be construed and enforced according to the laws of the State of Florida. Venue for any legal action shall be in Miami -Dade County, Florida in order to expedite the conclusion of any action the parties voluntarily and knowingly agree to waive their right to 8 trial by jury, their right to file permissive counterclaims, or to claim attorney's fees in any civil or administrative action between them arising from this agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. In the event of any conflict or inconsistency between this Agreement and its Exhibits the Agreement will control. In the event of any conflict or inconsistency between the RFP attached as Exhibit A and the Provider's Proposal attached as Exhibit B , or the Scope of Services attached as Exhibit C, or the Compensation Exhibit D then Exhibit A will control . 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide goods or services to the City as an independent contractor, and not as an agent or employee of the City. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Sufficient funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or 9 termination due to lack of funds, reduction of funds, failure to allocate funds, and/or change in law or regulations. The City may terminate the Agreement on the basis of this contingency clause pursuant to Section 15 (A), Termination for Convenience. 24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 25. ENTIRE AGREEMENT: This instrument and its Attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. REFERENCE LIST AND ADVERTISING: City agrees that Provider may list that its Services are provided to the City in Provider's sales reference list. Provider may advertise to other municipalities that the Services are provided to the City. This Section will not be applicable in the event the Provider is held in default by the City. 27. MISCELLANEOUS: Provider shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, Provider shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereinto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal corporation ATTEST: By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager 10 APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bru City Attorney ATTEST: Calvin Ellis, Director Department of Risk Management "Provider" By: Print Name: Print Name: Title: Title: Corporate Secretary Authorized Corporate Officer 11 CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami for the purpose of perfonning the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 Corporate Secretary 12 Chairperson of the Board of Directors (Corporate Seal) "EK LBIT A" REQUEST FOR PROPOSALS (RFP) (RFP to follow this cover nape) 13 Citv ofMiami Request for Proposals. (RFP) Purchasing Department Miami Riverside Center 44 SW 2rid Avenue, 614 Floor Miami, Florida 33130 Web Site Address: http://ci.miami.flous/procurement RFP Number: Title: Issue Date/Time: RFP Closing Date/Time: Pre -Bid Conference: 270254 Request for Proposals for Auction Services 04-MAY-2011 06/02/2011 @ 11:00:00 Pre -Bid Location: Deadline for Request for Clarification: Wednesday, May 18, 2011 at 5:00 PM Buyer: Gonzalez, Yusbel Hard Copy Submittal Location: City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US Buyer E-Mail Address: YGonzalez@ci.miamill.us Buyer Facsimile: (305) 400-5104 • ..".,"(.1' • - . . Page 1 of 37 -.....-..' Certification Statement Please quote on this form, if applicable, net prices for the item(s) •listed, Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination, The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices, We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or' connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: • SUPPLIER NAME - ADDRESS PHONE: FAX. EMAIL. BEEPER. SIGNED BY. TITLE: DATE. ' FAILURE TO•COMPLETE. SIGN. AND RETURN THIS FORM SHALL DISQUALIFY THIS BID. Page2of37 Certifications Legal Name of Firm: Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt / Occupational License Number: Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.":(Yes or No) Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create' to perform this work? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration of all new positions which might be created as a result of this. award of.a Contract.. Will Subcontractor(s) be used? (Yes or No) Page 3 of 37 Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please insert N/A. Page 4 of 37 Line: I Description: PROSPECTIVE PROPOSERS SHALL USE THE "PRICE/COMPENSATION PROPOSAL" DOCUMENT TO SUBMIT ITS' PRICE PROPOSAL'PROPOSER IS NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE THE PRICE/COMPENSATION PROPOSAL DOCUMENT IS LOCATED IN THE "HEADER/NOTES AND ATTACHMENTS" SECTION OF THIS RFP, IN THE ORACLE SOURCING SYSTEM Category: 96209-00 Unit of Measure: Each Unit Price: $ Number of Units: I Total: $ ,,,,,, •, , •.. •• , , age 5 of 37,- Request for Proposals (REP) 270254 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1, GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 25 2.1. PURPOSE 25 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 25 2.3, SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE 25 2.4. PARTICIPATING SOUTHEAST FLORIDA C00PERATIVE GROUP MEMBER AGENCIES 25 2.5, TERM OF CONTRACT 25 2.6. CONDITIONS FOR RENEWAL 26 2.7. CONTRACT EXECUTION 26 2.8. FAILURE TO PERFORM 26 2.9. INSURANCE REQUIREMENTS 26 2.10. CONTRACT ADMINISTRATOR 27 2.11. USE OF PREMISES 28 2,12, DAMAGES TO PUBLIC/PRIVATE PROPERTY 28 2.13, TERMINATION . 28 2.14. ADDITIONAL TERMS AND CONDITIONS 28 2.15. PRIMARY CLIENT (FIRST PRIORITY) 28 2.16. CHANGES/ALTERATIONS 29 2.17. PRICE/COMPENSATION PROPOSAL 29 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 29 2.19. ADDITIONAL SERVICES 30 2.20. RECORDS 30 2.21. TRUTH IN NEGOTIATION CERTIFICATE 30 3, Specifications 31 3.1, SPECIFICATIONS/SCOPE OF WORK 31 4. Submission Requirements 34 . 4:1•.•SUBMISSION•REQUIREMENTS •.... 34 . '. 5. Evaluation Criteria 37 , 5,1. EVALUATION CRITERIA 37 Page 6.of 37 Request for Proposals (RFP) 270254 Terms and Conditions 1. General Conditions 1.1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of $25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, 'or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended, Formal Solicitation and Solicitation shall be defined in the same manner herein. 1.1, ACCEPTANCE OF GOODS OR EQUIPMENT - Any good(s) or equipment delivered under this forma] solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. 1.3. ACCEPTANCE/REJECTION — The City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a Written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any -irregularities or minor:informalities•or technicalities inany onall•.responses and may,.at its discretion, re -issue this forma] solicitation. 1.4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of all Addenda. Addenda are available at the City's website at: http://www.cLmiami.fl•us/procurement 1.5. ALTERNATE RESPONSES MAY BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of Miami's prior written consent, 1:7..ATTORNEY'S FEES-.In.connection with any litigation,,mediation•and•arbitration arising put, of this 'Contract, the prevailing party shall be entitled to recover its costs and reasonable.atiorney`s feesthrough and including appellate litigation and any post judgment proceedings. 1.8: AUDIT RIGHTS.AND RECORDS RETENTION .TheSuccessful Bidder/Proposer agrees to'. . provide access at all reasonable times to the City, or to any of its duly authorized representatives, to any books; documents, papers, and records of Contractor which are directly pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and al] of the books, documents, papers and records pertinent to the Contract for 'Page7of37 .�u:=:§iSi.'.I,�'`.. _..,•`.':'. �. .,. .{.ti..'i:iG.i:l4Y��'.. :. -.y^�%:F. ...:;i'.�•, Request for Proposals (RFP) 270254 three (3) years after the City makes final payment and al] other pending matters are closed. Contractor's failure to or refusal to comply with this condition shall result in the immediate cancellation of this contract by ttie City. 1.9. AVAILABILITY OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local Jaws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue.its own exemption certificates as required by the successful bidder(s)/proposer(s). 1.10. AWARD OF CONTRACT: A. The Forma] Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda, B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department, will void its acceptance of the Bidder's/Proposer's Response and may accept the Response froin the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or' increased costs sustained as a result of the Bidder's/Proposer's default. D, The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E.- The ,City•reserves.the.right. to •autornatically.extend. this•contract•for up to. one •hundred•twenty. (120) calendar days beyond the stated contract term. in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. ' Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipment of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or such combination as shall best serve the interests of the City unless otherwise specified. H.. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests, Such agreement wltl be furnished by the City, will contain certain terms.as are in the'City's best interests, and will be subject. to; approval; as: to;legal.form by ,the City Attorney, .... _. = .. • 1.11.•.BID BOND/ BID SECURITY- A cashiers or certified -'check -orta=EBid>Bondi signed by'a •recognized .surety company that is licensed to do business in the State of Florida, payable to the City of Miami, for the amount bid is.required from all bidders/proposers, if so indicated under the Special Conditions. This check or bond guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it is awarded to bidder/proposer, Bidder/Proposer shall forfeit bid deposit to the City should City:award • Page 8 of.37,, ." Request for Proposals (RFP) 270254 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all surety tendered to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly, 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained, Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may • be rejected. 1.14, BRAND NAMES - If and wherever in the specifications brand names, makes, models, names of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to rule out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15. CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been .unable. to .recoup .its .capital.expenditures during,the..time..it is rendering such goods/services, itshall , not have any claim upon the City. • 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/Proposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18, COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding, -agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud or other illegal action, Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred, 1.19, COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS - Contractor understands that • contracts, between -private entities and local governments are subject: to"certainl.ay,s;and•,regulatioris 'ic;,; . including laws pertaining to public records, conflict of interest,1records'keeping; :etc:'" City'andrContractor -, agree to comply with and observe all applicable 1a1A's, codes andGdinances as that inay in any way 'affect the goods orequipment offered, including but not limited to • ,"^i',';,�::;_.;;.<�.•-=•..,,-••� :-,--__,=--.-,•< .,-_-: _:----,,,-.= A. Executive Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race, creed, color, national origin, sex, or age with regard to, but not limited to the:follo,wing:^ ••_ • .,<:., employment practices, rate of pay or other -compensation methods, and training selection. _Page,9. of 37 Request for Proposals (RFP) 270254 B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes. D. Environment Protection Agency (EPA) as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672), F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Formal Solicitation. H. National Forest Products Association (NFPA), as applicable to this Formal Solicitation. I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218.74 on Prompt Payment, M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. ' Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including,,but.not limited to., the City.Manager and the City Manager's staff; the Mayor, City Commissioners, or their respective staffs and any member of the respective selection/evaluation committee. The provision does not apply to, among other communications: oral communications with the City purchasing staff,.provided the communication is limited strictly to matters of process or procedure already contained in. the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections, pre -proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting,. or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City ernployee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2, of the Special Conditions); or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of ally written communications with the Office of the City Clerk, which shall be made available to any person upon request. The City shall respond in writing and file a copy withtthe. Office of.the City'Clerk, which shall be made 'avatlab1&to any person upon regdest Written '• • . communications may be in the form of e-mail, with a copy to the Offide "of the -ity Glerk.:' • In•addition to any other penalties provided by law, violation of the Cone pf Silence by any.proposer or, •, f. ,_„ ,,,, • •bidder shall render any' award voidable,- A violation by a particular Bidder, Proposer, Offeror, Respondent, :: lobbyist or consultant shall subject same to potential penalties pursuant to the City Code. Any person having personal knowledge of a violation of these provisions shall .report such -violation -to the State Attorney and/or may file a complaint with the Ethics Commission:•Propoaers or.bidderd'sh'ould reference "' .... Section 18-74 of the City of Miami Code for further clarification. Page 10.of 37 Request for Proposals (RFP) 270254 This language is •only'a•summary•of the key provisions of the Con'e of Silence. Please review City of Miami Code Section 18-74 for a complete and thorough description of the Cone of Silence. You may contact the City Cleric at 305-250-5360,•to.obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order, 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase.of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the genera] public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer' further warrants that he/she/it is not related, specifically the spouse, son, daughter, parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miami -Dade County Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and all liability, loss, or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDER/PROPOSER - All expenses involved tyith the preparation and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder (s)/Proposer (s) . • 1.25. DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after.reasonable opportunity for such party to be heard, the City Manager, after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a . Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following: .(1) : Conviction for commission of a criminal offense incident;to,obtainin'g'or.attemptrngto obtain a public or private.Contract or subcontract, or incident to the, ,erfo mce f.such Contract, ot_ _,„.. .. subcontract. • •(2) • Conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification .. or destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. Page 11 of 37 Request for Proposals (RFP) 270254 (3) Conviction under state or federal antitrust statutes arising odor the submission of Bids or Proposals. (4). Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below, ' (7) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and awing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b) (5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party's right to seek judicial relief. 1.26, DEBARRED/SUSPENDED VENDORS -An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. 1.27,. DEFAULT/FAILURE TO PERFORM - The City shall be the sole judge of nonperformance, which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish. required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any terms of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default, Failure on the contractor's .part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified anciSet orth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. C. Failure to perform the work with sufficient workers and equipment or with sufficient materials -to ensure timely completion. D. -Neglecting or refusing to remove materials or perform new,work where priorswork has been rejected -as"' r, E. • Becoming insolvent; being declared bankrupt, or committing any act of bankruptcy or insolvency, or making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the successful Bidder/Proposer incapable of performing the work ip.accordance with and as required by the Contract. nonconforming with the terms of the Contract. Page 12 of 37 Request for Proposals (RFP) 270254 F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28. DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and Conditions 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined .within the scope.of this. formal solicitation. at the price. contained. within.. vendor's response. Further, . . successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. 1.32. ENTIRE BID CONTRACT OR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, .if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control. This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most advantageous proposer meeting specifications. The City reserves: the right, to acquire additional; quantities at the prices bid/proposed or at lower prices in this Formal Solicitation"; 1.34. EVALUATION OF RESPONSES • A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; Page 13 of 37 Request for Proposals (RFP) 270254 2) Bidder/Proposer mistates or conceals any material fact in the Response ; 3) Response does not conform to. the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an all inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Formal Solicitation whenever it is deemed in the best interest of the City. B. Elimination Front Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as surety or otherwise upon any obligation to the City. 2) A contract may not be awarded to'any person or firm which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance. C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation, • 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions• to the specifications shall be•listed• on •theResponse and•shall• reference •the section. Any .•. .• exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and charges included in the bid/proposal price, unless otherwise specified in this Formal Solicitation.. Failure to do so may be cause for rejection of bid/proposal, 1.37. FIR1v1 PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 18-105) . (a) • :The Commission approves implementation of the first-source:hiring agreement policy•and requires,; .: as a condition precedent to the execution of service contracts for facilities, 'services, and%or receipt 'of graliti'' and'loans, for projects of a nature that create new jobs, the successful negotiation of•first-source hiring ,agreements between the organization or individual receiving;said<contiact;,ang;ah'eia'uthdrizedirepresentative unless such an agreement is found infeasible by the city manager 'and such finding approved by the City Commission at a public hearing. (b) For the purpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: ,Page 14 of 37 Request for Proposals (RFP) 270254 Authorized representative means the Private Industry Council of South Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. Facilities means all publicly financed projects, including but vdithout limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement, (d) The primary beneficiaries of the first -source hiring agreement shall be participants of the city , training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by, the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst. At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility.to determine whether any of its employees may be impacted by this Florida Law at any given • point in time during the term of the contract. If impacted, bidder/proposer must furnish employee name(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that • the Florida Minimum Wage Lawwill not impact its prices -throughout the term of contract and -waiver of • any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) . determination. 1.40. GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida, The parties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof, 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City . of M'ianii•Priv.acy Standards.. HIPAA mandates for privacy, securitynand,electronic:transfer:standards, ;:: which include but are not limited to: A. Use of information only for performing services required, by•the•contract or as required •' B. Use of appropriate safegtiards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; D. Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; :--Page--15 of•37 Request for Proposals (RFP) 270259 E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the.customer for review and amendment; and incorporating any amendments requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of lvliami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1.43, INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers,• agents; directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees.. These indemnifications shall survive the term of this Contract, In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel 'satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City s option, any and all claims of liability and all suits and actions of everyname and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statues, as amended from'time to time as applicable.: Contractor shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement, 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further, as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches,' descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered: Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision. 1.45. INSPECTIONS - The City may, at reasonable times during the term hereof, inspect Contractor's facilities and perform such tests, as .the City deems reasonably( necessary, to determinelwhether the goods and/or services required to be provided by the Contractor under this Contract conform to the terms and conditions of the Formal Solicitation, Contractor shall make available to „the Cityall reasonable facilities and: assistance to facilitate 'theperformande of tests or inspecttons by Cityreptesent times Il'tests and=' , E• ‘l^ 'inspections shall be subject to, and made in accordance with, the provisions of the City of Miami Ordinance No. 12271 (Section 18-79), as same may be amended or supplemented from time to time: 1.46. INSPECTION OF RESPONSE -Responses received by the City pursuant to a.Formal Solicitation Page 16of37 Request for Proposals (RFP) 270254 .will not be made available until such time as the City provides notice of a decision or intended decision or within 10 days after bid closing. whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon •requestvia fax ore -mail to the Sr. Procurement Specialist issuing the Solicitation. • Tabulations also are available on the Ciry's Web Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents. If the insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City, if the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar days after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604, The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and al] option terms that may be granted to the Bidder/Proposer. 1.48, INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (Le. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt' Payment Act). 1.49. LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who maintains a Local Office, the opportunity of accepting a bid at the low bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (1096) in excess of the lowest other responsible and responsive bidder/proposer. 1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of :contractlagreement, •for•which •the••bidder/proposer must bear full•liability . 1.51, MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS - No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of lvlianit, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. . 1.52. NO PARTNERSHIP OR JOINT VENTURE - Nothing contained in this Contract will be deemed or construed to create a partnership or joint venture between the City of Miami and Contractor, or to create any other similar relationship between the parties. 1.53. NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned at Bidder's/Proposer's expense, These non -conforming items•not."delivered•as per delivery date in the response and/or Purchase Order may result in bidder/proposer being found in default'in whicli eVent any' and all re -procurement costs may be charged against the defaulted contractor. Any violation of these " "''stipulationsmay also result•in.the supplier's name being removed?fidif tlie. i•fy;;iofilvliami"s=S'upplier''•s:'fi"st -1 vi-r,,?,' ' 1.54, NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color., age; religion, national origin, marital status, or disabilityin connection with its performance under ~thisformal solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall • • Page 17 of 37. Request for Proposals (RFP) 270254 solely by reason of his./her race, sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis of race, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. , 1.55. NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It is hereby agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidders)/proposer(s) to receive al] orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under this solicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of lvliami shall meet their local Occupational License Tax requirements. A copy of the license must be 'submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Forma] Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, • • records,' files; orally other matter :whatsoever which is••given by the City to•.the. successful Bidder/Proposer pursuant to this formal solicitation shall at all times remain the property of the City and shall not be used by the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY -'If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to \vhich it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. • 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment•Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink. Failure to do so will be at the Bidder's/Proposer's risk. A. Each Bidder/Proposer shall furnish the information required in the Formal Solicitation. The ::.Bidder/Proposer shall sign•the Response and print in ink or type_ the name of the Bidder/Proposei', address, and"telephonenuniber on 'the face•page and on each continuation sheet'thereof on whieh'lie/she i ke.aii entry, as required. B. If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's Page 18 of 37 Request for Proposals (RFP) 270259 compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall be entered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price" column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services, D. The Bidder/Proposer should retain a copy of all response documents for future reference, E. Al] responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasures or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid for at least 180 days. Upon awward•of a•contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE. 1.62, PRICE ADJUSTMENTS — Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds al] quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in cbrinectioiiWith, the•aWard of this'Contract,' ' ' ' ' ' ' . ' . ... ' ' ' ' ' ' . .. ' ' . ' .... ' .. ' ... .. . ' . 1,65. PROMPT PAYMENT —Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage, it is understood and agreed that the terms shall be 296 20 days, effective after receipt of invoice or final acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later. If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized. If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. • Price discounts off the'original prices quoted on the Price_ Sheetvi11 bsiaecepfed.froin successfuli.,., bidders/proposers during the term of the contract. • 1:G6. PROPERTY:- Property owned by the City of Miami is the responsibility, of the: Gat�:.of •hhiami.,.Such; ;:;,, .,,,. property furnished to a Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the "responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total Page19of37 Request for Proposals (RFP) 270254 loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with .any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to al] documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of Miami Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCT'S, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new, The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71. QUALITY OF WORK/SERVICES - The work services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a forma] solicitation or proposed award is in violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. . 1.73.'RESOLUTION.OF CONTRACT DISPUTES '(Sec: 18-105) (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or by virtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision Such authority extends, without limitation, to controversies based upon breach of -Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled tb such judicial relief without first having followed the procedure set forth in' this section. 1.74. RESOLUTION OF PROTESTED SOLICITATION:S AND AWARDS {Sec 18 104) ;d for. , ,tested solicitations.. ,,,, (a)Right to rotest. The following procedures shall be used resolution -of � "ro `"-• ' g P g awards except for purchases of goods, supplies, equipment, and services, the estimated cost of which does not exceed $25,000. Protests thereon shall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. I. Any prospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract Page,20 of 37 Request for Proposals (RFP) 270254 may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals, Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii. Any prospective bidder•who intends to contest the Solicitation Specifications or a solicitation may protest to the Chief Procurement Officer. A written notice of intent to file •a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer, 2. Protest of Award. i, A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the proposer of the notice of the City Manager's recommendation for award of • Contract, which will be'posted omthe City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found, by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or •ii, Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of'the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S, mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed. A written protest is considered filed when received by the Chief Procurement Officer. • The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the solicitation or the award is:based, and.shall. include all .pertinent documents:and evidence -.and shall lae accompanied by the required Filing Fee as provided in subsection (f). This shall form the basis for review of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement•Officer at the time of filing the protest shall be permitted in the consideration of the written protest. No time will be added to the above limits for service by mail. In computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within 30 days after he/she receives the protest. In cases involving more than $25,000, the decision of;ahe Chief,Proeureme it Offieershall::be; „,.,; submitted:for•approval or disapproval thereof to the City Commission diter•a'faworable'l'edartil endafion' the city attorney and the City Manager. (c)Compliance With filingre uirements, Failure of a. art to ` �',,•.._ .w,...,,� „�..._,.._..:... ' p � y p }� timely fi]e'eitkie'r:tlie"hotfde iif interittb frle a•n- - -• • •• ' protest or the written protest, together with the required Filing Fee as provided in subsection (f), with the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of ' such party's right.to file a protest pursuant to this section. The protesting .party shall not be entitled to seek • ' judicial relief without first having followed the procedure set forth in this section . .. Page 21 of 37 Request for Proposals (RFP) 270254 (d) Stay of Procurements during protests. Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until the protest is resolved by the Chief Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be•continued without delay in order to avoid an immediate and serious clanger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to,one percent of the amount of the Bid or proposed Contract, or S5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples will result in the samples becoming the property of the City. 1.7G. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or ' assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted with your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall.be regarded as meaning that only the best commercial practices are to,prevail and•that only • materials of first quality and correct type, size and design are to be used. All workmanship and services is to be first quality. All interpretations of these specifications shall be made upon the basis of this statement. If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. • 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ, or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and .. title, and the name and return address of the Bidder/Proposer...Hardcopy responses not submitted on the , requisite Response Forms may be rejected. Hardcopy responses°received-at'any_other location than•the specified shall be deemed non -responsive; Directions to City Hall: FROM THE NORTH: I-95 •SOUTH UNTIL IT TURNS INTO OS1. USI SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN A1vIERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. . Page 22 of 37 Request for Proposals (RFP) 270254 FROM THE SOUTH: US1 NORTH TO 27TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, l BLOCK TURN RICHT ON PAN AMERICAN DR CITY HALL IS AT THE END OF PAN AMERICAN DR PARKING IS ON RIGHT, B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. Those which do not comply with these • conditions are subject to rejection, G. Modification of responses already submitted will be considered only if received at the City before the time and date set for closing of solicitation responses. All modifications must be submitted via the Oracle System or in writing. Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed in a separate envelope, box, or package and each envelope, box or package must contain the • information previously stated in 1.82.A. 1.80. TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer, 1.81, TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the • contract. _ .... ................ . B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218,74, Florida Statutes and other applicable law, 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders, or any part thereof, without obligation, if . delivery is not made within the time(s) specified on their Response. Deli ries`aie;td b'e'mad''e during.._ regular City business hours unless otherwise specified in the Special Conditions. • 1.84. TITLE Title to the goods or equipment shall not pass to the City.until after•the.City has accepted the goods/equipment or used the goods, whichever comes first...., , 1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes: An Page 23 of 37 Request for Proposals (REP) 270254 exception may be made for "trade secrets." If the Response contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff for damages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of arty legal action challenging your claim. 1.88. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor. The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME - The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. Pane 24 of 37 Request for Proposals (RFP) 270254 2. Special Conditions 2.1. PURPOSE The purpose of this Solicitation is to establish a contract, for Auction Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2, DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department; Attn: Yusbel Gonzalez; fax: '(305) 400-5104 or email: ygonzalez@ci•miami.fl.us• The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday, May 18, 2011 at 5:00 PM. AB responses to questions will be sent to all prospective bidders/proposers in the form on an addendum. NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3, SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE This Request for Proposals (RFP) represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the RFP document. Please refer to the document titled "Southeast Florida Governmental Purchasing Cooperative" in the Header/Notes and Attachments section of this RFP. in the Oracle Sourcing system. Said document contains the cooperative's operational nrocedures. 2.4. PARTICIPATING SOUTHEAST FLORIDA COOPERATIVE GROUP MEMBER AGENCIES CITY OF MIAMI Contact Name; Kenneth Robertson Address: 444 S.W. 2 Avenue, 6th Floor, Miami, FL 33130 Telephone Number: 305-416-1910 Email Address: krobertson@miamigov.com Average Annual Auction Proceeds: $500,000 CITY OF COCONUT CREEK Contact Name: Dave Santucci Address: 4800 W. Copans Rd., Coconut Creek, FL 33063 Telephone Number: 954-956-1584 ' Email Address: dsantucci@coconutcreek.net Average Annual Auction Proceeds: $3,000,00 TOWN OF DAVIE • Contact Name: Herb Hyman Address: 6591 Orange Drive, Davie, FL 33314 Telephone .Number: 954-797-1016 Email Address: herb_hyman@davie-fl.gov Average Annual Auction Proceeds: $85,000 2.5. TERM OF CONTRACT Page 25.nf,97: Request for Proposals (RFP) 270254 The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s)") shall be required to execute.a contract .("Contract") with the City, which shall include, but not be limited to,'the following terms: (1) The term of the Contract(s) shall be for three (3) years with an option to renew for three (3) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. CONTRACT EXECUTION The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall, be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney, 2.8. FAILURE TO PERFORM Should it not be possible to reach the contractor or supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in •default of •the•contract or matte appropriate, reductions in• the contract. payment. • •• • • • • • • • • • • • • 2.9, INSURANCE REQUIREMENTS INDEh4NIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including all acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 444.SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined below: (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida Employer's Liability A. Limits of Liability • $;100.000 for bodily injury caused by an accident, each accident $100.000 for bodily injury caused by disease, each employee Page 26 of 37 Request for Proposals (RFP) 270259 $500X)00 for bodily injury caused by disease, policy limit . (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1.000.000 General Aggregate Limit: $2.000.000 Personal and Advertising Injury: $1,000.000 Products and Completed Operations: $1.000.000 B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contingent and Contractual Liability. Primary Insurance Clause. BusinessAutornobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit. Any Auto, including hired, borrowed or non -owned autos used in connection with the work - $1.000.000 B. Endorsements Required: City of Miami included as an Additional Insured (4) Professional Liability/Errors and Omissions Coverage Combined Single Limit, Each Claim: $300.000 General Aggregate Limit, Retro Date: $300.000 (5) Personal Property of Others (if applicable): TBA BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification • by•Risk•Management•prior to.insur.ance.approval.. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in • the manner prescribed in the Invitation To Bid. (2) The City may, at its sole discretion, terminate this contract for cause and seek re -procurement damages from the Bidder in conjunction with the General and Special Terms and Conditions of the Bid. •The'Bidder shall be responsible for assuring that the insurancecertificates 'required 'in conjunction with this .:Section remain in force for the duration of the contractual period; including any and all option terms that may be granted to the Bidder. (3) • 2.10. CONTRACT ADMINISTRATOR Upon award, contractor shall report and work directly with Kenneth Robertson, who shall be designated as Page 27 of 3.7 Request for Proposals (RFP) 270254 the Contract Administrator, 2.11. USE OF PREMISES The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The contractor shall take all measures necessary to protect his own materials. 2.12. DAMAGES TO PUBLIC/PRIVATE PROPERTY . The contractor shall carry. out the work with such care and methods as notto result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.13. TERMINATION A. FOR DEFAULT If Contractor defaults:in its performance under this Contract and does not cure the default within 30 days after written notice of default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE • The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when . , it.is'in the .best interests .of the City: ofl\diami, If.this Contract .is.for,s.upplies, products., equipment or software, and so terminated for the convenience by the City of Miami the Contractor will be compensated in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.14. ADDITIONAL TERMS AND CONDITIONS • No additional terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation, If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. '2.15, PRIMARY CLIENT (FIRST PRIORITY) _...::.; ..:.... .......:...._...:_c...,..,..... .. .• •:•. •.c .The successful.bidder(s)/proposer(s) agi:ee upon award .of this contract,that the City of:Miami shall be its... primary client and shall be serviced first during a schedule conflict arising between this contract and any other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform similar services as a result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. Paaa 2R of �7 • Request for Proposals (RFP) 270254 2.16. CHANGES/ALTERATIONS Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline, 2.17. PRICE/COMPENSATION PROPOSAL Each Proposer shall use the 'Price/Compensation Proposal" document to submit its price proposal. Said document is located in the Header/Notes and Attachments section of this RFP, in the Oracle Sourcing system. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same, Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or•seek another vendor for the provision of said service(s). Failure to submit price/compensation proposal as required and at time of proposal submittal shall disquall6, Proposer from consideration. 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 'The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued. (2) Receipt of responses (3) Opening and listing of all responses received (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. . (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation criteria as specified herein. (6) The Evaluation Committee reserves the right, in its sole discretion, to request Proposers to make. oral .. presentations before the Committee as.p.art of the evaluation,process.,The presentation.may.be scheduled:at • • the convenience of the Evaluation Committee and shall be.recorded, (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance. If the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award* of contract will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City lvlanager's recommendation can be found by selecting•the details of the solicitation and is listed as Recommendation of Award Posting Date•and • • Recommendation of Award To fields. if "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject all proposals, or recommend that the City Commission reject all proposals. • • • (9) The City Commission shall consider the City Manager's and Evaluation Committees' . .• recommendation(s) and; if appropriate and required, approve the City lvlanager's recommendation(s). The City Commission may also reject any or all response. ••(10) If the City.Commission•approves the recommendations, the=;CiAjwi%illt'entei`iffito negotiat•ions-withthetiii?1"•s selected Proposer(s) for a contract for the required services. Such'•negotiationsmay result'in contracts, as. •.: deemed appropriate by the City Manager. (11) The City Commission shall review and approve the negotiated Contract with the selected.. Proposer(s). Page 29 of 37 Request for Proposals (RFP) 270259 Note: Award shall be made to the responsive and responsible proposer(s) whose proposal is most advantageous to,the City.as determined.by the City Commission in accordance with the evaluation criteria contained in the RFP. Award of contract may result in a split award, with one proposer providing On -Site Auction Services (Group 1) and the other proposer providing Internet Auction Services (Group 2). 2.19. ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.20. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf, 2.21. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City 'determines the contract price was increased due to inaccurate, incomplete, or non -current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Pa'e'30 of 37 Request for Proposals (REP) 270259 3. Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK BACKGROUND The City of Miami, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-9 auctions annually). The items auctioned range from automobiles (surplus and confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property. The intent and purpose for this Request for Proposals is to obtain the services of a professional auctioneering firm's to provide on -site and/or Internet auction services. Proposers may submit a proposal Tor either On -Site Auction Services (Group 1); Internet Auction Services (Group 2) or both (Group 1 and Group 2). It is the City's desire to contract with an auction firm that has an extensive and up to date mailing list and promotes its auctions extensively, It is also the desire of the City to contract with an auction firm that has an extensive following of active large buyers on file. Both of these considerations, the City believes, will increase the average item price and total auction sales and will be considered in determination of award. CONTRACTOR REQUIREMENTS Contractor shall conduct said public auction of property in accordance with the following requirements: Sale will be open to the general public and there will be no fee to participate as a potential buyer. Auctions shall be advertised in a newspaper of general circulation in each Agencies local area at least once a minimum of ten (10) days prior to the auction date. Size and frequency to be determined prior to placement of ads. Cost for this advertising is assumed by the Contractor. The Contractor will list the Agencies auction dates on the Contractor's brochures which will be mailed to the Contractor's buyer's lists. The Contractor shall also advertise and promote the Agencies auctions by mailing flyers to the Agencies mailing list. In addition, the contractor shall be required to advertise the Agency's auction on the Contractor's internet website, a minimum of one (I) month prior to the auction date at the Contractor's expense. All bidders shall be required to register prior to the auction in order to receive a bidder's number. Bidders shall be allowed to sign up and view the items available a minimum of two (2) hours prior to • the auction time, Terms -of sale are cash, cashier's check; or approved business/personalcheck: Bidders shall utilize their driver's license for the required bidder information in order to receive a bidder card. Note; A reasonable refundable registration fee may be utilized to deter bidders from walling away from their purchases. Proposers shall indicate in their proposal submission the anticipated refundable registration fee, if any. Contractor shall provide all necessary labor to register bidders, Sale of personal property may be made only to the highest responsible bidder. Unless otherwise directed by the Agency, unsold vehicles and equipment will be rescheduled and attempted to be sold at the next available auction. It is anticipated that the net proceeds due the Agency will be paid within ten (10) working days after the auction is completed. LABOR. EOUIPMENT. AND SERVICES TO BE PROVIDED BY THE CONTRACTOR Contractor shall provide sufficient and complete staff of experienced, licensed auctioneers, registration and computer personnel to: • Enter bidder's data and auction sales as they occur • Lot equipment, Secure sale items during auction and throughout checkout,prdcesse. :. Contractor shall utilize a computer system to: Promptly and accurately record the activities of the auction Software shall save each transaction as it is entered. It is preferred to have sale information update immediately so invoices may be generated in a timely manner Sales information shall be transmitted to the data entry staff immediately to allow bidders to pay their Page 31 of 37 Request for Proposals (RFP) Z70254 invoices in a timely manner Contractor shall provide computer generated reports which shall include the following: Entry of each lot with lot number, description and Agency Account/Division Code(s), or separate account identifying each participating Agency Entry of each registered buyer with buyer number, name, address, telephone number and dealer/tax status Entry of each lot sold including lot number, buyer number and price Produce and print a buyer's invoice (Bill of Sale) including buyer's number, name, address, telephone number, lot numbers purchased with description and selling price, Tax due (if applicable) and invoice total List of buyers registered List of active buyers only Lots sold Lots sold by Agency category (i.e., surplus, confiscated) Lots sold by Agency Summary by Agency category Summary by Agency Overall summary, including sales tax by Agency Lots sold by Buyer Contractor shall keep a computer copy of all of the entries of the sale on secure electronic media for the term of the contract, and five (5) years after termination of contract. Contractor shall provide / be responsible for: Form for Registration of bidders with identification information Bidder Cards Bidders Contract form containing the terms and conditions of the sale with an assigned bidder number. Note: All bidders shall sign this form. This form will be kept by the Agency. This form may be combined with the bidder registration form and shall have the assigned bidder number referenced. Public address system., Recording (video or•audio) of the entire auction Copies of the recording shall be turned over to the Agency at the end of the auction Computers, printers, extension cords and any other required equipment shall be provided by the contractor • Assigning a "Lot" number to items for sale.and printing the bidder catalog. The City will provide a listing of equipment to be sold a minimum of ten (10) days prior to the auction date. Contractor shall be responsible for coordination of all auction activities including: Offer suggestions, on a timely basis, for maximizing sale value of items Auctioneer or project manager shall attend at a minimum, one Auction meeting quarterly with Agency Staff Agencywill provide Contractor an inventory list(s). The Agency reserves the right to add/delete items from the list up to the day of the auction A master list shall be printed for distribution as close to the auction day as possible . •. Contractor shall tag all items for sale the day before the auction Contractor shall handle any disputes that arise during the.,auction .and shall ask for the assistance of the Purchasing Project Manager if. required for resolution • . The City will provide security for the cashiering activities. However, Contractor shall be responsible for .• providing sufficient staff for the protection of property received by the Contractor (during the auction and checkout process) as well as for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other natural disasters) or vandalism. Page 32 of S7 Request for Proposals (RFP) 270254 AGENCY REOUIREMENTS In the operation of this agreement, each Agency shall be responsible for the followfng: Submit to Contractor a list of property. It is understood that minor changes in said list may be submitted to Contractor at any time prior to one (J) week inadvance of the auction Maintain any records considered necessary by the Agency, other than those provided by the Contractor Agency shall provide the Certificate(s) of Ownership and all other documents necessary to effect transfer of title for motor vehicles, trailers, and vehicle equipment. At the opinion of Contractor, vehicles may not be offered at auction unless the -Certificate of Ownership and all other documents necessary to do a transfer of title for motor vehicles, trailers, and vehicle equipment are submitted at least five (5) days prior to sale INTERNET AUCTIONS The Proposer may include in their proposal their methodology (if any) for auctioning through the use of the Internet. The proposal should explain: History/experi"ende with Internet auctioning Site references Method of contacting buyers (buyer database) Information available to potential buyers (data, photos, etc.) Method of collection of data and photo of sale items Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) Site structure (dedicated page, shared) Location of sale items (agency site or contractor's site, pickup method, etc.) Method of payment for sale items (directly to agency or to contractor) ',I - Pace. 33 of 37 Request for Proposals (RFP) 270254 4. Submission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be ' deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. RESPONSES SHALL BE SUBMI I'I ED IN HARD COPY FORMAT ONLY. Proposer must submit one (1) original hardcopy response along with five (5) copies. Additionally, Proposer shall include one (1) copy on CD-ROM in PDF format, Proposer shall clearly indicate whether a proposal is being submitted for On -Site Auction Services (Group 1), Internet Auction Services (Group 2). or BOTH (Group 1 and Group 2), 1. COVER PAGE The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office and Facility Location; Local Business Address, if applicable; Business Phone, Fax Number, and Email addresses; Title of RFP; REP Number; Federal Employer Identification Number or Social Security Number. Z, TABLE OF CONTENTS The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. LEI '1 ER OF TRANSMITTAL • This letter will summarize in a brief and concise manner, the proposer's understanding of the scope of work and make a positive commitment to perform the work. The letter must name all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the proposer must sign the Letter of Transmittal indicating the agent's title or authority: The proposal shall name all persons or entities interested in the proposal as principals. The proposal must declare that it is made without collusion with any other peron or entity submi stting a proposal pursuant to this RFP. The letter should not exceed two (2) pages in length. 4. PROFESSIONAL EXPERIENCE AND QUALIFICATIONS Professional experience and qualifications of the firm(s)iindividual(s) who will provide the services. The submission shall include: • Details on the qualifications of the auctioneer who will perform the work, including relevant schooling, training and experience in similar work. • Details on the qualifications'of'the project manager who will perform the administrative functions of preparing for the auction, including relevant training and experience in similar work. Note: Primary staff (auctioneer and project manager) shall be identified by name and title. The above mentioned may only be changed with the express prior written permission of the City of Miami. The City of Miami reserves the right to approve or reject replacements. Minimum.of,six (6).references of auctions performed, with a minimum of three (3) references • being fora .:.government. entity. within the past two years (Preferably in South:Florida): Reference,list,shall include::.:•.;:;. ,, government entities that are.similar to the City of Miami. List shall include a brief description of similar .:accounts and size,:satisfactorily completed by Proposer, identified in the proposal with location, dates of 'contracts, names, addresses, phone numbers, auction dates, summary of items auctioned, advertising•.budgef< - and number of registered bidders. • List of equipment and staff available to do the work on the day of' the auction (include number of data entry staff for registering bidders, cashiers, title clerks, etc.), • Number of years organization has been in business. Paac of ' Request for Proposals (RFP) 270254 • Number of years of experience Proposer (person, principal of firm, owner) has had in the operation of the services required by the Scope of Work of the RFP. Number of years'of experience Proposer (firm, corporation, proprietorship) has had in the operation of the services required 'by the Scope of Work of the RFP. • Summary of advertising media that will be used for City's auctions and/or other methods that are of no charge to the City. • Identify how mailing database is categorized and how bidders will be chosen to receive information for • the City of Miami auction. Proposer shall also give an estimated number of bidders, interested in City, auctions, which would be mailed a notice, • Sample of terms of sale information that is provided to bidders at time of registration (attach a sample). • A list of those persons who will have a management or senior position working with the City, if Proposer is awarded a contract. List name, title or position, and project duties. A resume or summary of experience and qualifications must accompany proposal. • • • Lawsuits (any)•pending or completed involving'the corporation, partnership or individuals with more than ten percent-(10%) interest. - List all pending lawsuits which are concerned directly with the staff or part of Proposer's organization. - List all judgments from lawsuits in the last five (5) years which are concerned directly with the staff or part of Proposer's organization. • • Experience Record: Attach a list of references who may be contacted to ascertain information on past and/or present contracts as required by the Scope of Work. List of references shall include the address, phone number(s), e-mail address, and contact persons within each organization. 5, METHODOLOGY AND OVERALL APPROACH TO SCOPE OF WORK Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing an auction, in accordance with the Scope of Work. Include details on: • Description or plan of operations which demonstrate an understanding of and the capability to assume responsibility to publicly auction Agency equipment/materials. The plan should detail methods of preparing merchandise for, advertising, conducting, and accounting for a sale. • Frequency and dates of sales • Ability to advertise and draw adequate public attendance at auctions. It is anticipated that the Successful Proposer «ill print brodhbres and' advertisethe 'public auction approp'fiately" • Procedures to physically arrange•set up and conduct public auctions • Records provided to the City and retained by the Successful Proposer • Procedures -to collect and remit funds to the Agency providing normal schedule for the receipt of funds 6. PRICE/COMPENSATION PROPOSAL Each Proposer shall use the 'Price/Compensation Proposal" document to submit its' price proposal. Said document is located in the Header/Notes and Attachments section of this RFP, in the Oracle Sourcing system. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales. proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. proposers are not allowed to propose a combination of commission and buyers premium Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. 7. AVAILAEILITY Indicate current and anticipated workloads and availability. Identify the extent and nature of any anticipated outside support (subcontracting) that will be necessary to complete the services herein. Identify each support vendor by their trade, The City reserves the right to reject_any proposed firms used as outside support. 8.OTHER • Jany g g P p - p. ...O Y ars which is Prop ade a summary litigation filed against the ro oseriin'the' ast three 3 �.. �•related toe the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. - •'Page 35 of.37 Request for Proposals (RFP) 270254 Certifications: If proposer is a corporation, provide certification from the Florida Secretary .of State verifying proposer's.corporate status•and good standing, and in.the case of out-of-state corporations, evidence of authority to do business in the State of Florida, Submit occupational license/business tax receipt from Entity where business is located. 9. ADDITIONAL INFORMATION Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. Furthermore, Proposer shall provide a statement about why the proposer feels its approach or equipment would be the most cost effective to the City. Pavr tt of 37 Request for Proposals (RFP) 270254 5. Evaluation Criteria 5.I. E\VALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: Evidence of the ability, understanding ot'required services, capacity & skill of firm to perform, including timeliness, stability, availability, marketing efforts and location - Maximum 20 points Quality, depth, and scope of response to proposal -.Maximum 10 points Successful governmental experience & background in similar services - Maximum 15 points Background, qualifications Si experience of personnel assigned to the project. -.Maximum 15 points Capabilities of proposer's software to process transactions expediently for reporting and checkout, - Max.irnum 15 points Price/Compensation - Maximum 25 points Total: 100 points Page 37 of 37 ..t. {j; 8 4.H.Sst,„CI. i - I FFi St..EiYk':. Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. The Southeast Florida Governmental Purchasing Cooperative .was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: m Each participating governmental entity will be responsible for awarding a contract, issuing its own' purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption certificates' as required by the Contractor. • The contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the respective agency requirements. •••••••••••' • ' ' • Any reference in the documents to a single entity or location will, in fact, .be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. • The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental Purchasing Cooperative members may participate in their contract for new usage, during the contract term, or in any contract extension term, if approved.by the lead•.ageridy'..New`Southeast':.• Florida Governmental Purchasing Cooperative rneri'bsrs flay``Panicipate'in""ari:y-.f fft act"°"a'n" acceptance and approval by the lead agency. e••m • None,of the''participating governmental entities shall be deemed or construed to be a party to any contractexecuted by and between any other governmental entity and the Contractor(s) as a result of this procurement action. "WORKING TOGETHER TO REDUCE COSTS" datur Taati KENNETH ROBERTSON TONY E. CRAPP, JR. Chief Procurement Officer City Manager ADDENDUM NO, 1 RFP No. 270254 MAY 23; 2011 Request for Proposals (RFP) for Auction Services TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. Section 3.1, Specifications/Scope of Work, of the RFP has been amended .as follows: BACKGROUND The City of Miami, Florida currently holds auctions on -site pn an as needed basis throughout the year (approximately 3-4 auctions annually). The items auctioned, on -site and on-line, range from automobiles (surplus and .confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property. .Q1.::::'The above; mentioned, RFP states that the proposer•shall furnish. an insurance:certificate :listing the City of Miami as the certificate holder and as an additional insured. This is normally provided upon .award of a contract. Would it be acceptable to provide a sample of such a document that shows proof of insurance but does not name the City, understanding that if awarded a contract, Prospective Proposer would add the City of Miami as an additional insured and produce the required document in a timely manner? Al: Yes, the above mentioned will be accepted by the City. Pursuant to Section 1.47, Insurance, the following requirement is stated: "Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions [Section 2.91 entitled "Insurance Requirements" The City shall be listed as an 'Additional Insured." • -As explained above, the.Awarded Proposer will not be required' to submit evidence of irisu'rance (via Certificate ' of -Insurance) =until after receipt of Notice of Award, Prospective Proposers are not required to submit a • 'Certificate,of Insurance, showing :the.City of Miami as an additional. certificate holder and insured, at the time of Proposal submittal. Page 1 Q2: Will the City accept a proposal for Surplus Property, with the On Line component only? Prospective Proposer has .#hree.•.(3) .di ferent services, .but two (2) of them that relate to vehicles and Heavy Equipment, carry a Commission % and Buyer's Premium so Prospective Proposer is precluded from submitting a proposal on those, A2: Yes. The City of Miami will accept a proposal response for Group 2 — Internet Auction Services only. Pursuant to Section 3.1, Soecificafions/Scope of Work, of the RFP, the following is stated under "BACKGROUND", in the second paragraph: "The intent and purpose for this Request for Proposals is to obtain the services of a professional auctioneering firms to provide on -site and/or Internet auction services. Proposers may submit a proposal for either On -Site Auction Services (Group 1), internet Auction Services (Group 2) or both (Group 1 and Group 2)." As explained above,, Prospective Proposers may choose to submit a proposal response for Group 1 and/or Group 2. Q3: As Prospective Proposer advances forward in the reading the requirements of the RFP, there are parts of the RFP that Prospective Proposer cannot submit a proposal response for, due to Commission and Buyer's premium Prospective Proposer charges on certain Services. Prospective Proposer would like to know if the City will accept a Proposer Response for On Line Auction Services for surplus property, but that excludes the auction of vehicles on-line? A3: No. The City will not accept a Proposal Response for On -Line Auction Services, which excludes the auctioning of vehicles on-line.. . Pursuant to Section 3,1, Specifications/Scope of Work, of the RFP, the following. is stated under "BACKGROUND", in the first paragraph (as revised via this Addendum): The City of Miami, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-4 auctions annually). The items auctioned on -site and on-line range from automobiles (surplus and confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, rniscellaneous police confiscated items and found -property. As shown above, the items auctioned include automobiles (surplus and confiscated/found), trucks, fire -righting • • equipment and vehicles. The City shall have the right to choose whether the items will be auctioned on -site or on line. Q4: Does the City of Miami require that the letter of transmittal be signed in ink by an authorized or .will the City accept a digital signature? A4; The Letter of Transmittal shall be signed in ink by the authorized agent of the Proposer. A digital signature will not be accepted. QS: Section 2.9 of the RFP outlines Insurance requirements for the contract. if a proposal is submitted exclusively for Group 2 — Internet Auction Services, the resultant contract would not call for a contractor to have employees, operate vehicles or have any physical presence within the State of Florida whatsoever, Would comparable general commercial liability, errors and omissions and worker's compensation required by a contractor's state of incorporation.e.•acceptabte in :his case�r, A5, - A Prospective Proposer who submits a proposal response exclusively for Group 2 — Internet Auction Services, :will —net be -required ''-to"•provide .the City of Miami with Business. Automobile Liability and Worker's Compensation -insurance coverage: However, Prospective .Proposer•will be required to provide Commercial ii General Liability aihd•:Professidnal .Liability/Errors and Omissions Coverage. Please note that this latter exception applies onlv•to Prospective Proposers who submit a proposal response exclusively for Group 2 — Internet Auction Services, . Page 2 Q6: Prospective Proposer only performs Internet Auctions for governments. Question: Are Internet Auction Companies only responsible for responding to the Internet Auctions section as displayed below on page 33 of 37 of the RFP? INTERNET AUCTIONS The Proposer may include in their proposal their methodology (if any) for auctioning through the use of the Internet, The proposal should explain: • History/experience with Internet auctioning • Site references • Method of contacting buyers (buyer database) • Information available to potential buyers (data, photos, etc.) • Method of collection of data and photo of sale items • Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) • Site structure (dedicated page, shared) • Location of sale items (agency site or contractor's site, pickup method, etc.) • Method of payment for sale items (directly to agency or to contractor) An: Prospective Proposers submitting a response under this RFP, shall carefully follow the requirements stipulated in Section 4, Submission Requirements, of the RFP. Each of the points listed under "Internet Auctions" in page 33 of 37 of the RFP, shall be addressed by the Prospective Proposer in the 'Methodology end Overall Approach to Scope of Work" section of its proposal response. Q7: What is the current commission for the City's live auctions and are there any other fees being charged other than the commission? A7: The current commission for the City's on -site auctions is a 7% Buyer's Premium. There are no additional fees being charged. • • QS: What is the current commission for the City's Internet. auctions and are there any other fees being charged other than the commission? AB:..'..'. The .current.: commission'. :tor..the ..City's.. Internet :auctions, is :a 7% Buyer's • Premium., There 'are no other additional fees being charged. Q9: Regarding the insurance requirements, are these requirements for the live auction portion only? A9I The Insurance Requirements shown in Section 2.9 of the•RFP are applicable 'to both On -Site and Internet Auction Services. However, the City has made exceptions for Prospective Proposers that submit a Proposal response only for Group 2 — Internet Auction Services. For details, please refer to the answer posted in. this • addendum for Question # 5, Q10: If a vendor chooses to bid the online auction option only, they would never be on City property, so the City of Miami would not need to be named as an additional insured, A10: Please refer to the answer posted in this addendum for Question # 5. Furthermore, the Successful Proposer will be required to add the City as an additional insured under its Commercial General Liability insurance policy. ' Q11:- • If 'the City of •Miami requires the —Vendor —for online auctions only to add the City as an additional • ""' insured on its policy, can the City please explain the reason why? All:- -The City of Miami'requires'the Successful Proposer to add the City as an additional insured to protect the City • egainst•any possible law 'suits,• against the City, that may occur as a result of the Successful Proposer's negligence in the performance of services under this contract. Page 3 ALL OTHER TERMS AND CONDITIONS OF THE RFP REMAIN THE SAIVIE. KR/ yg Cc: RFP Fi . ...... • .......... ........ Sincerely, Kenneth Robertson Director/Chief Procurement Officer ........... 1 • Page 4 "EXHIBIT B" PROPOSAL (Proposal to follow this cover pa6e) ����������� ,����"-°` PAGE (Both Groups; Group 1and Group Z) Proposer: Fisher Auction Co., Inc. Contact Person: Lamar P.Fisher, President /CEO Lamar F.Fisher, President /[EO F1 AUCTION COMPANY ' Primary Office and Facility Location: 362S.[voressRd,Suite, 21O.PomoanoBeach, F|ohdo3S0GD'7I59 Business Phone: 954: 942.0917 Fax Number: 954.782;8243 Title of RFP� Reauest for Pr000sals for Auction Services BIN: 59-2342559 �i�upxhcnvmax*a�s�����Ma^e'�����bg��q uivv vi�eF,o�u�m�ro� Certification Statement' Please quote an this form, if applicable, net prices for the item(s) listedl..Retum.signed original and retain a copy for your files. Prices should include all costs,, including transportation to destination., The City reserves the right to accept or reject all or.any pail of this submission. Prices should be firm for a minimum of 1.20 days .following the time set for closing, of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. We CO certify ihat we .have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of'its principal owners or personnel have been convicted o.fany of the violations, or debarred or suspended as set in section 1 8-107 or Ordinance No. 12271. AU exceptions to this submission have been documented. in the section below (re.Fe.r to paragraph and section). EX.CEPTJ.O.NS: We (I).oertify that any and all information contained in this subimssion is true;; and we (1) further certify that this submission is made without .prior understanding, agreement, or connection with .any -corporation, firm,..or person;submittnlg a..suhiniss'ion.for the. same materials; supplies, equipment; o.r' .. service, and.is in all respects fair and without collusion or fraud. We (1) agree to abide by al.l.terms and conditions of this solicitation .and certify that am authorized to sign t'his.subniission forthe subnnitter. Please print the following and sign your name: SUP.PJ.JE:RNAME: Fisher Auction Co.. Inc. ADDRESS: 351 S. Cypress Rd.. Suite 210. Pompano Beach, .Florida 33060-7159 PHONE: 9.54.942.0917 EMAIL: lamar(ZLtfisherauction.corn S:1GNE.DBY: Lamar,P, Fisher TULE:_P.resident ./ CEO FAX: 954..782.81.43 BEEPER: NIA DATE: ___FAILURE TO COMPLETE. SIGN, AND 'RETURN THIS FORM SHA.I.,t., DISOE)ALIFY THJS'I,ID. Page 2 of 37 Certifications Legal Name of Finn: Fisher Auction Co.. Inc. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Corporation Year Established: • 1983 Office Location: City of Miami, Miami -Dade County, or Other Pompano Beach. Broward County. Florida Business Tax Receipt / Occupational License Number: 379-14471 Business Tax Receipt / Occupational License Issuing Agency: Broward County Department of Revenue Business Tax Receipt / Occupational License Expiration Date: September 30.201 I Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement,":'•(Yes or.No)'• , .....• . Yes Do you expect to create new positions in your company in the event your company was awarded a . • Contract by the City? (Yes or No) No In the event your answer to question above is yes, how many new positions would you create to perform this work? •Please list the title, rate bfpay; summary of duties, number ofpositioiis�'arid•`ei acted length `or"'dufatierr ' -••••ofall new positions which might be created as a result of this award of a Contract. Will Subcontractor(s) be used? (Yes or No) No age•3 of37 Please list and aclmow]edge.all.addendur/addenda received. List the addendum/addenda number and date of receipt (i.e. Addendum No. 1, 7/1/07). Tf no addendum/addenda was/were issued, please insert N/A N/A Pake4of3.7..: Line: 1 Description: PROSPECTIVE PROPOSERS SHALL USE THE "PRICE/COMPENSATION PROPOSAL" DOCUMENT TO SUBMIT ITS' PRICE PROPOSAL. PROPOSER IS NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE THE PRICE/COMPENSATION PROPOSAL DOCUMENT IS LOCATED IN THE "HEADER/NOTES AND ATTACHMENTS" SECTION OF THIS RFP, IN THE ORACLE SOURCING SYSTEM Category: 96209-00 Unit of Measure: Each Unit Price: $ N/A Number of Units: 1 Total: S N/A Th6, S'ial"Iliard01 AV. oboe of .Contents E. Letter of Transmittal Pages 1 - 2 IL Professional Experience and Pages 3 - 15 Qualifications Methodology and Overall Approach to Pages 16 - 30 Scope of Work IV. Price/Compensation Proposal Pages 31 - 32 V, Availability Page 3.3 VI. Other Pages 34 - 40 VII: Additional Information Pages 41 44 FSH 41 1,---1-1,0,1 AC, Kfl IRKIA-RaM1. Letter of Transmittal • • • TincJird paqtrAfe,rivtgArAomOipl-q- • ". •. •. • • •. '. • •. F SHER AUCTION COMPANY I. Letter of Transmittal Fisher Auction Co,, Inc. ("Fisher") appreciates the opportunity to submit our proposal for BOTH Group 1 and Group 2 to the City of Miami's Request for Proposal (RFP) No. 270254, The response provided herein was prepared without collusion with any other person or entity submitting a proposal pursuant to this RFP. The person .authorized to make representations and the principals interested in the proposal on behalf of Fisher is: Lamar P. Fisher, President / CEO of Fisher Auction Co., Inc., 35.1 5. Cypress Rd., Suite 210, Pompano Beach, Florida 33060- 7159, 954.942.0917 ext. 13. This important City of Miami (Southeast Horida Governmental Purchasing Cooperative) auction contract will require the contractor to be knowledgeable with selling surplus assets, experienced in planning; orchestrating, reporting and conducting similar engagements and able to implement an effective marketing plan to achieve the highest possible prices. Fisher Auction Co., Inc. has been in business for over.39 continuous years and believes our team is "uniquely" best qualified to achieve the City of Miami's objectives for the following reasons: Fisher Auction Co., Inc. has conducted successful auctions of seized and surplus vehicles, equipment, boats, office equipment, jewelry and miscellaneous items for the City of Riviera Beach, State of Florida, City of ,Dania Beach, City of Deerfield Beach, City of Lighthouse Point, City of Pompano Beach, City of South Bay, City of Margate, City of Ft. Lauderdale, City of Hollywood,, Town of Davie, City of Miramar., City of Pembroke Pines, City of Lauderhill, City of Homestead, City of Miami, City of Miami Beach, City of North Miami, City of North Miami .Beach, City of .South Miami, City ofMiami Springs, City of Aventura, City of Sunrise, City of Tamarac, City of Wilton Manors, Dade County School Board, Broward County Sheriff's Department, Broward County School Board, Broward County Mass Transit, Broward County Fleet Service, F.I.U., Department of Defense Reutilization and Marketing Division and' 'U.S. Customs, We believethis vast auction success will benefit the City of Miami. • .Selling surplus assets in a professional, yet time - efficient manner - is a major task. The coordination betw.een contractor and the Purchasing Division's Project Administrator, .staffin.g for pre -.auction set-up / auction day / post -.auction reporting and check-out, .available equipment, police security, auction day sales catalog preparation, bidder registration, placement of directional signs / portable rest rooms, final computerized tabulation, etc. is essential to the production of well run auctions. The sale(s) will need Managed inspections. This massive undertaking will require an auction firm experienced in managing hundreds of people at one time. We feel Fisher Auction Co., Inc. specializes in this type of assignment. -In 'the 'past year, our firm has conducted 8 local similar engagements, which offered over798 lots of surplus.iterns:for $1,131,500.00 in total sales. Or, i:ro coot:d:i,nzt,pd,-and::m,anag;ed,all.,pre-;,; ;,, auction, auction day and post -auction activities. Our most recent similar sale was conducted for .Town of. Davie with 94 registered bidders, for $152,647.00 in total sales - (POC Herb Hyman, 954.797.1016). 7171.;.• ...Ziiin".i id of..=NCe1;.; • V/e are extremely familiar with surplus bills of sales needed, vehicle / equipment title issues and sales tax requirements to properly convey title to new purchasers both for dealers (non taxable sales) and the consumer user (taxable sales). We hire Beach Auto Tag and Insurance to transfer titles at the auction. Additionally, we currently have over 1,000 active names on our database of customers who regularly attend local Municipality sales and purchase similar items. We are very sensitive to maintaining good public relations with the buying public. + Fisher Auction Co., Inc. will assign Francis D. Santos, Executive Vice President as the Project Manager in charge of your auction. H.e has served as Project Director and / or Project Manager for more than. 137 similar engagements with generated sales exceeding 20,D0.0,000.00. Mr. Santos will oversee the entire engagement and offer the City of Miami the advanced technical ability and experience to perform the auction duties. 6N Fisher Auction .Co,, Inc. believes the follow-up and reporting is vital to the.success of the auction. Starting with the finalization of assets to b.e.sold, Fisher Auction Co., Inc. will meet with the City's Project Administrator / personnel to establish a cohesive / consistent tracking of all items to be sold. As standard operating procedure' Fisher Auction Co., Inc. will provide the City of Miami with day of auction registration summary depicting number of bidders by.state / area and computerized reports of individual assets sold by the City of Miami asset number, auction .number, high bidder and amount paid within 3'0 minutes aster the last lot / asset item 'is sold. These computer tracking and information systems continue to the post -auction reports, which will aid.and assist th.e City of Miami in their summary reporting requirements. The goal and .commitmerit' of Fisher Auction 'Co.,Inc. is :to perform and conduct' the most efficient .and profitable auctions for the City of Miami and .cooperative agencies through extensive years of planning, coordinating, marketing and conducting successful sales of similar engagements. 'Sincerely, FISHER AUCTION CO., INC. • Lamar P:,Frsher, CAI, AAPE President / CEO '0! 1"1 ri • Thc:. Siandgqd ryi MAIM • VNA...MMY1' MESIDEM II, Professional Experience and Qualifications • . • . • . . • • • , • ' , . ' ! I. ' . • . ' . ' . ' • . ' ' ' . ' . ' ' ' . • ' . ' ' ' . ' . ' • ' . ' ' . ' . ' . ' . ' . ' ' . ' . ' . ' . ' ' ' • FISHER AUCTION COIVIPAW - 7.116 5- II. Professional Experience and Qualifications Lamar P. Fisher, CAI, President / CEO EDUCATION: 1978 High School Graduate of Palm Cove Beach High School, Pompano Beach, Florida, 1979 Graduate of Mendenhall School of Auctioneering, High Point, NC, 1980 AA Degree Graduate of Palm Beach Junior College, Boca Raton, FI, 1984 Graduate of the Certified Auctioneers Institute, Bloomington, IN, A..A.R,E, graduate, (full Resume included in :Section I Attachments). WORK EXPERIENCE: Mr. Fisher's responsibilities include Sales Presentations, Writing Proposals, Project Management, extensive Asset Due Diligence, Appraisals, conducting since 1982 auctions for 20 local municipalities. Mr. Fisher will be responsible for the overall planning and coordinating of each auction event strictly adhering to the timeline (see sample Timeline in .Section D) ensuring quality control. Details on .the qualifications of the project manager who will perform the administrative functions of preparing for the auction, including relevant training and experience in similar work. Francis D. Santos, Executive Vice President / Project Manager EDUCATION: 1980 High .School Graduate of Harrison High School, Harrison, AK, 19.81 — 1982 attended Trident College Charleston S C 1993 Graduate of Gold Coast School of .Real Estate 2000 Graduate of Sea School, Ft, Lauderdale, 'FL, 2002 Compieted'Courses at Auction Marketing Institute (full Resume included in Section I Attachments) WORK EXPERIENCE: Mr. Santos's responsibilities include Dnsite Project Assessment, Proposal Writing, Assistant Project Management for Real .Estate Auctions, Personal Property. Auction Coordinator for Trust Companies, Individual Sellers, Major Lending Institutions, Government Agencies and Municipalities. Note: Primary staff (auctioneer and project manager) •shall be identified by name and title. The above mentioned may only be changed with the express prior written permission of the City of Miami. The City of Miami reserves the right to approve or reject replacements. • FISHER AUCTION COMPANY The Si, -ii nrd Minimum of .six (6) references of auctions performed with a minimum of three references being for a government entity within the past two years. Reference list to provide listing of references that are similar to the City of Miami. List to include a brief description of similar accounts and size, satisfactorily completed by pr.oposer identified in the proposal with location, dates of contracts, names, addresses, phone numbers, auction dates, summary of items auctioned, advertising budget and number of registered bidders. Municipality / Agency Date of .Sale Number of Registered Bidders . Budget Amount Total .Sales • The Town of Davie .6591 S.W,•45th Street Davie, Florida 3331.4-3399 Mr. Herb Hyman 954..797.1016 5/7/11 94 52,330.00 $152,64,7.00 The City of Miarni 444 SW 2nd Ave. Miami, FL 33130 Mr. Kenneth Robertson .305:4.16,1910 4/2/11 59 $1,850.00 $91,490..35 The'City.of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33139 Mr, Gus Lope2 305.6 3,7492 3/5/11 107 $2,824.0.0 5220,720.00 The City of Miami 444,S.W 2nd Ave.. Miami, FL33130 Mr. Kenneth Robertson 305.416,1910 11/6/10 ......... 64 • 5.1,850.00 . ........ $78 438.49 . . . The.!Cityof Margate 5790 Margate Boulevard Margate, Florida 33063 Ms. Patricia Greenstein 954.972.5454 9/25/10 57 51,995.00 $72,275.50 State of Florida Abandoned Property The Bureau of Unclaimed Property, 101.E. Gaines Street, 3`° FI, Tallahassee, Florida 32399 Mr. Walter Grahan' 850.413.5560 . 8/21/10 298 , 512,500.00 ,.., $1,214,460,0D ... . ... The City of1vliami 444 SW 2nd Ave. Miami, FL 33130 . Mr. Kenneth Robertson 305.416.1910 7/10/10 . 99 •' _....,...,,.... $1,850.00 .........,,..,.,.._.., ... S142,026,45 ... . „.x,...., 4 FISHER'. AUCTION COMPANY The .-il,lcirieirci itt _,,...i?l r r)!:..- Municipality / Agency Date of Sale Number of Registered Bidders Budget Amount Total Sales The City of Miami Beach 1700 Convention Center Dr. Miami Beach, Florida 33.13E Mr. Gus Lopez 305.673.7492 6/26/10 106 52,824.00 .$188,782,00 The Town of Davie 6591 S.W. 45' Street Davie, Florida 33314-3399 Mr. Herb Hyman 954.797.1016 6/5/10 86 $2,330.00 $125,186.60 • F.I.U. .11200 Tamiami Trail Miami, Florida 33199 Mr. Ramon V. Duenes 305,348.3422 12/12/09 65 51,800.00 353,906.60 State of Florida Abandoned Property The Bureau of Unclaimed Property• 101 E. Gaines Street, 3' Fl. Tallahassee, Florida 32399 Mr. Walter.Graham 850.413.5560 1D/25/09 368 12,500.00 51,349,163.00 The .City of Miami Beach 1700 Convention Center Dr. Miami Beath, Flbrida 33135 .Mr. Gus Lopez •305.673.7492 9/26/09 86 52,425.00 5190.9.05.00 The.City of Miami 444.S1Wr2nd Ave. .Miami, F.L33'130 Mr, Kenneth Robertson 305.416.1910 8/29/09 57 • 52,400.00 589;992.35 The City of Miami 444 SW 2nd Ave. Miami, EL 33130 Mr. Kenneth Robertson 305.416.191.0 6/26/09 74 .$2,400.00 $97 ,7.87.30 TheTowr'i of Davie 6591 S.W.45i6 S ereei Davie, Florida 33314-3399 Mr. Herb Hyman . 954:797.1.016 5/2/09 • 95 : { Y..... $2,330.00 ' $1.10,585.96 . FISHER AUCTION COMPANY Municipality./Agency DD"teDt Sale Number of Registered Bidders Budget Amount Total Sales The City of North Miami Beach .17011 N.E. 190 Avenue N, Miami Beach, FL 33162 Ms. Roslyn Weisblum 305. 948.2946 4/1.8/09 138 $1,995.O0 $123,992.00 The City of Margate 5790 Margate Boulevard Margate, Honda 33063 Ms. Patricia Greenstein 954.972.6454. 04/04/09 106 $:1,630.00 $98,180.50 The *City of Miami 4.44. SW 2nd Ave. Miami, FL33130 Mr. Kenneth Robertson 305,415.1910 02/10/09 1.08 $2,300,00 .5195,927:70 ** Surplus Assets Sold- include but not limited to: 1 Ton Stow Rollers, Eager Beaver Trailers, Stow Concrete Mixers, H & H Pump on Trailers, Wood Chuck Chippers, Kut-Kwick Mowers, 'International Dump Trucks, Mack Dumps, Tandem Dove Tails, Mack Semi -Tractors, International Bucket Trucks, International Vac ---All Sewer Trucks, Bobcat Loaders, Huber Grader / Maintainers, Cat Graders, Badger Excavator Trucks, Golf Carts, Rocket Trailers, Peterson Surface Grinders, Sioux Valve Grinding Machines, Craftsman Lathes, Lincoln Welders, Power Tools, Garden Tools, Ambulances, City Buses, School Buses, Cars, Trucks, Office Equipments., Computers, Printers, Phones, Fax Machines, Typewriters, Filing Cabinets, Bicycles, Golf :Carts, Paddle Boats, Jewelry, Coins, Silver, Coliectables, Stereo Equipment, Clothing, and more... 6 FISHER ,AUCTION COMPANY List of equipment and staff available to do the work on the day of the auction (include number of data entry staff for registering bidders, cashiers, title clerks, etc.) Fisher's Available Staff and Equipment: fisher employs full time two qualified, experienced and Florida licensed / bonded auctioneers, an auction pre -.sale set-up manager, administrative assistant, bidder registration personnel, bid assistants and -3 computer data entry, staff operators / clerks. Additionally, Fisher utilizes directional signs, tables / chairs for registration, generator (if neede.d), two (.2) loud speaker systems, 2 portable laptop computers, printers; audio tape / video recorders, extensions cords, UPS, debit card machine and access to an independent refreshment stand vendor. Fisher will provide all equipment and supplies necessary (forms of registering / identifying bidders, bidder cards, bidder contract forms with terms .and conditions, lot tags) to conduct the auction in a bidder friendly atmosphere and embrace the City of Miami's objectives / needs as top priority. FISHER AUCTION COMPANY Number of years organization has been in business. For over 39 years, representing three generations, Fisher has specialized in the Real Estate Sales, Personal Property Sales, and Marketing Industry, From that time to present, Sellers across the Country have called upon Fisher to implement their proven Auction -Marketing programs for disposing of Real Estate, Loan Portfolios and Personal Property in a cost efficient and expeditious manner. Consistently ranked as one of the top ten Auction Companies in America, Fisher has successfully sold at Auction in 46 States, Mexico, Puerto Rico and the U.S. Virgin Islands. Fisher is comprised of highly trained and skilled individuals with over 75 years of collective experience and backgrounds in Auctioneering, Real Estate, Real Estate Development, Leasing, Accounting,Law, Appraising, Banking, Sales; and Marketing, Fisher Auction Co., Inc. was awarded the previous RFP issued by the City of Miami in 2005 and the contract has been continuously renewed until this new RFP was issued. Fisher Auction Co., Inc. has been the only contractor to date, to be awarded the contract for the State of Florida Department of Financial Services since the Department first issued the RFP to sell abandoned contents of safe deposit contents in 1995. FISHER AUCTION COMPANY Identify summary of advertising journals that will be used for City of Miami and/or other methods that are of no charge to the City. Fisher Auction Co., Inc. will provide, subject to the City of Miami's approval, notification of each City of ivliami's Auction as an announcement on our .direct mail piece(s) for similar sales conducted prior to a.scheduled City of Miami sale at no charge to the City of Miami. Additionally, similar type announcements 'will be provided as part of our regular advertising for •other local Municipalities e.g. Miami Herald / El Nuevo Herald, Internet and email blasts at no charge to the City of Miami. Fisher Auction Co., Inc. will post the City of Miami's Auction on our web site as soon as an event has been scheduled at no charge to the City of Miami. FISHER AUCTION COMPANY • tr rrE ``a:. '�`VVs 4fi1 A-AVA identify how your mailing database is categorized• and how bidders will be chosen to receive. information for the City of Miami auction. Proposer to also give an estimated number of bidders that would be mailed a notice that would have interest in the City auction. Fisher maintains an up-to-date and current database of categorized bidder / buyers for city / municipal surplus sales and for the State of Florida unclaimed safe deposit box sale, Each City of Miami Auction will benefit with noticing the number of buyers identified below through direct mail. Number of Active Buyers by State Regularly Attending Fisher's South Florida Municipal / Government Sales State Alabama Arizona California Colorado Connecticut Florida Georgia Illinois Louisiana ,Maryland Massachusetts Michigan Mississippi Missouri Nevada New Jersey New Mexico New York North Carolina Ohio Pennsylvania South Carolina Tennessee Texas Virginia Puerto Rico Number of Active Buyers Number 2 1 6 1 2 1,893 6 5 1 5 5 3 1 2 7 2 6 1 1 1 3 5 8 4 3.,.. 975 Additionally, Fisher maintains an e-mail VIP buyer database of. over 8,000 active buyers who will lso-teceive"'not•ification of each -City of Miami's•Auctiongatmoreharge«toattre-City: _- :: _ 10 FISHER .AUCTION COMPANY Proposer to submit sample of terms of sale information that is handed out to bidders at time of registration, |naddition tothe foUowinK�amp|eTerms ofSale being apa�nftheauct���� auction requires the bidder d�natureocknnvv|o6gingthe tenn�m/hichwekeep on�|e. IS ' ^ Th��r�aC,(,',I£�s�� / A{btofthcsepersonswhomU|havemmana.-ementorseniorpnsitionvvoddnAwiththe[by if Proposer is awarded 2 contract. List name, title or position, and project duties. A resume or summary ofexperience and qualifications must accompany proposal. Lamar P.Fisher, President /CEC\Auctioneer Fraftis D. Santb», Executive Vice President, Auction Coordinator 12 /wcnC)wcownw4Y .. ionciar Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest. None List all pending lawsuits which are concerned directly with the staff or part of Proposer's organization. None List all judgments from lawsuits in the last five (5) years which 'are concerned directly with the staff or part of Proposer's organization. None 13 • FISHER AUCTION COMPANY ! i " Experience Record: Attach a list of references who may be contacted to ascertain information on. past and/or present contracts as required by the Scope of Work. List of references shall include the address, phone number(s), c'mai| address, and contact persons within each organization. r ` 14 FISHER-1 ' AUCTION COMPANY r t }s8 ;jirr.+t-i[%,•:?i'ii {t' References Mr. VValter Graham, Bureau Chief State of Florida ., ,_. ... ,Department of Financial Services Bureau of Unclaimed Property 200 East Gaines Street Tallahassee, FL 32399 Phone: 850-413-5560 Walter,graham@mvfloridacffo.com Mr. Herb•Hyman, CPPB Procurement Manager The Town of Davie 6591 S.W. 45" Street Davie, Florida 33314-339.9 Phone: 954.797.1016 herb hvman@ davie-fl,gov . Mr. Gus Lopez, CPP'0, Procurement Director Purchasing Department City of Miami Beach 1700 Convention Center Drive Miami, Beach, .r"lorida.33139. ,• .• .• :' ..' ...... .•...................... Phone: 305.573.7490 . GusLooez@miamibeachfl.gov . . Ms. Patricia Greenstein, Purchasing Manager The City of Margate 57.9.0 Margate Boulevard Margate, Florida 33063 Phone: 954.972:6454 .pgreenstein@margatefl.com Ms, Roslyn B. Weisblum Assistant City Manager City of North Miami Beach 17011 N:E..19th Avenue North Miami Beach, FL 33162 Phone: 305-948-2900 ext. 2.120 roslvn.weisblumPcitynmb.com 15 FISHER AUCTION COMPANY 1.) The Sland; ij EXCX.iqh:iiriC.S. MIAWIRIMA.M.01 Ma-M3.4 EilaNNEM111 M,etho.dology and Overall Approach to Scope of Work .• . • . • .• • . • .• .• .• .• .• : : .• : : : : :::::::::::: ::::: ::::::::: : ; : : : : : : : : : : • • • . . . . : FISKE AUCTION COMPANY ,_„x rajc>l;-v> III, METHODOLOGY AND OVERALL APPROACH TO SCOPE DE WORK Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing for a live onsite auction, in accordance with the Scope of Work. Additionally, proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing for an Internet auction. Introduction The auction -marketing plan will be conducted in such a manner as to enhance the public's perception of the City of Miami as an efficient liquidator of surplus assets at market value. Fisher Auction Co., Inc. ("Fisher") will endeavor to provide maximum exposure of the auction sale to auto / equipment dealers, the public, former clients of the City of Miami and Fisher's database of clients from past sales for similar items and assets, The Project Manager will monitor each. aspect of the marketing plan daily. Onsite visits, electronic messaging, telephone calls and strict adherence to the critical path / timeline will be tools'to ensure quality control of the marketing plan and overall management of the sales process. Methodology / Rationale for Proposed Approach Fisher's experiencewith similar engagements will provide the City of Miami the necessary blueprint .for planning and conducting successful auction sales while maintaining and establishing good customer relations. A major element of our proven sales program entails constant communication with our sellers from planning and implementing the marketing plan to tracking and monitoring the response. Our results are measured by increased sale returns from previous years, positive comments from the.public.and the many reference letters of satisfied repeat clients. .Our marketing plans are tailored to each auction event featuring items of interest with pertinent information to educate and inform a prospective purchaser of the terms and conditions of the sale. We work very closely with .our seller's representative (project administrator) to obtain all approvals prior to any decisions or any marketing materials being printed, eliminating unplanned surprises and isolating concerns before they evolve into major problems. 16. FISHER AUCTION COMPANY • I♦-cR4 ai gli7?% ,Teu Proposed Sample Event Timeline Identifying Specific Tasks CRY OF MIAMI ET AL SAMPLE A UCTION "Proposed Work Plan" Responsible Entity Target Date 1. i Execution and Receipt of Contract 2 Timeline and Auction Update presented to CM .3, Planning meeting with CM / site inspection 4. Finalization of inventory list with CM's asset numbers 5, Key Personnel identification & Contact Sheet to CM 6, Supplemental direct mail data base of former bidders CM FAC FAC/CM ........................... CM 'FAC CM Day 1 ................... Day 2 Day 3 Day 3 Day 4 Day1D 7. . Send CM proposed marketing / advertising budget FAC .Day 11 8, Terms and Conditions of sale approved.and posted on web site CM Day.12 9. Newspaper ads, auction flyer / brochure copy and layout to CM for F.AC Day 15 review and approval 10. Approved flyer / brochure copy/layout due CM Day 16 :11. Flyer / brochure to printer FAC -12. initial draft of :auction sale catalog layout submitted to CM FAC .13. 'First Ad Breaks FAC 14. Auction flyer% brochure delivery FAC '15, Auction flyer/ brochure mailing to potential buyers to commence FAC 16. Weekly.media tracking reports to CM (through completion of pre- FAC Auction Advertising.] Marketing Campaign) 17. 18 19. 20. 21. Day 17 Day 18 Day 20 Day 21 Day.22 Day 23 PAC auction' day staffing personnel submitted to CM FAC Day 30 Arranging, set-up and lottingaf items at auction site ::.....• .•. •. •.F.A:C/.CM:: : Day 35 : Auction day catalog approved and printed FAC Day 38 Portable rest rooms delivery coordinated, confirm refreshment FAC/.CM . Day 39 stand vendor and police security Bidder Cards / Lot Tags delivered to CM • FAC ! Day 39 •22. ! Bills of Sales / titles prepared for transference 23. Public Inspection • CM FAC/CM Day 40 Day42 :24. .; .Auction Event FAC i Day 42 25. Audio tape of Auction Event due from • FAC i Day 42 26. Post -sale check out and final collections received FAC ; Day 43 27. Auction Sales Report due from FAC Day 44 28. Final sales report submitted from (5 business days after event) i i FAC Day 48 CM - City of Miami FAC - Fisher Auction Co., Inc. 17 FISHER... AUCTION COMPANY S2 ttli:lc., . + !ll .'-.n ....:, 14ifi C. e Project Management Plan The Fisher project management plan will provide comprehensive market exposure through a carefully directed print and electronic media campaign, telemarketing campaign and a controlled auction day sale and post -sale settlement / delivery system. Fisher will implement all applicable and appropriate City of Miami policies relating to the disposition of surplus assets. The plan represents three primary sections: Planning, Implementation and Settlement, Planning: Upon award and assignment of a specific sale, Fisher will .assign responsibilities to each member of the contract team based'•upon their previous experience. A preliminary timeline will be developed and submitted to the City of Miami Project Administrator. A pre -event planning meeting will be scheduled with Fisher and the City of Miami and any participating Southeast Florida Cooperative Purchasing Group members to discuss sales objectives, timeline, terms and conditions, values and methodology procedures tb be utilized. A site inspection will be performed for a general outlay of the auction day processes and photography of featured items will be taken for possible use in the advance notice direct mail postcard, Day of sale staffing needs / functions will be addressed at the pre -event planning meeting and confirmed at the site inspection. After finalization of the assets to be auctioned is received (e-mail is preferred method), a postcard will be designed with varying sizes of print and electronic newspaper .ads, and .submitted to the .City of Miami for approval, along with :a proposed marketing budget for selected industry trade journals, if needed, newspapers proposed and frequency of insertions. The direct mail database of Fisher and the City. of Miami will Le used to disseminate the City of Miami's and Fisher's approved postcard. All approved advertising materials will .direct inquiries to.our 800 nurbber.and web. site address for furth.er information. The postcard will emphasize the day, date and time of the auction, two hour inspection period, directions, terms•of payment / settlement, items being sold "as is" at public auction and a predetermined rain date, if necessary, with a partial list of items to be sold and the City of Miami's name and logo prominently placed. Fisher's project manager will identify and verify with the City of iviiami's Project Administrator all items, which have"need, of a•title so any titles not •in.th.e.City.of Miami's p.ossession..can be• requested and obtained.' ''"Fisher's'project 'manager will carefully adhere to the approved timeline and notify the City of Miami's Project Administrator of any delays and reason for a delay, if needed. 18 FISHER AUCTION COMPANY • _:+.tanci%ia'i:; of __xc6,,:fl •nc; lmolementation Fisher will place all approved advertising and distribute copies to the .City of Miami Project Administrator as they become available. The final approved marketing budget will detail the dates each ad will appear and the corresponding size of the ad in the respective papers, journals etc. All approved surplus items will be organized, arranged, lotted and tagged with an auction lot number (corresponding to the City of Miami's asset number), brief description e.g. year, make, V.I.N. etc., Each lot will be entered into our computer for printing auction day catalogs for eligible registered bidders posting the required $100.00 refundable hid deposit and tracking of each item as it is sold, for how much and to which bidder. Fisher will arrange for a refreshment stand vendor to be•present.during inspection and auction day, if requested by the City of Miami Project Administrator. Fisher will assist with the inspection, registration, bid recording, conduct of the auction including auctioneers and bid assistants, invoicing, computer data reporting and supervision for removal by successful bidders. Fisher will provide the City of Miami Project Administrator with a computerized final tabulation on auction day, Fist of registered bidders and deposits received and remaining amounts owing. Fisher will provide a notary / sales clerk. as part of our staff on auction day to assist the City of Miami with bills of.sales and title transference. All dealers must provide proof of sales tax exemption or the appropriate sales tax will be collected and submitted accordingly.. An audio tape of the opening remarks, reading of the terms and conditions and the actual auction will be provided as part of our final reporting requirements due after the auction sale. goodcustomer service issues subject to Fisher .ill ensure customer relations and handle approval .of the City of Miami Project Administrator on items for which City of Miami authority • is needed, Fisher Auction .Co.; Inc. has a "state of the art" computer auction software program. We use CUS .13.01 Auction Software because of its unique ability to .provide reports detailing .each lot offered and sold, for what price, and to .which bidder it was sold. Customer information includes name, address, telephone number and dri.ver's.license number, and tax resale number if applicable, We use this software to identify individual consignors (i.e.: each department / participating.co.operative agency is assigned their own consignor number so we may track what was sold and for how much by consignor). Information.is able to..import /.export to spreadsheet format. Buyer Invoices in triple format are immediately available for cashiering / collections. Final Reports include; Consignor Report, .Lot Number-.Report,.lnvoi.ce..N.urnber,Repo.rt,..Buyer's.:.:.:....:..: Name Report; Tax -Breakdown Report. All reports will be a"rchived for five years. \Me''cur-rently use for City /eMunicipal Auctions IBM Thinkpad laptop computers (networked) with'an'Epson dot matrix 'printer. We use a Battery.Back-up and have a generator for awkward exterior.auction set-ups where connectivity to power is difficult. 19 ASHER AUCTION COMPANY Settl emen t F1�7:e �z r:ihciati ca i_X',..,i.ei,i:&. Fisher will provide day. of sale the necessary receipts for bidders on items purchased to ensure full collection before removal. Additionally, Fisher will assist on day of sale the City of !Miami and .successful bidders with the removal process and report any problems or Issues directly to the City of Miami Project Administrator e.g. items left by a successful bidder, discrepancy, items missing, etc. Within the 5 business day period following the auction, Fisher will prepare a final report with copies of ads / flyers / postcard for the approved advertising, list of all registered bidders by name, address, telephone number, business, resale tax number, if applicable; full computer print-out of each item sold for each consignor (cross referenced by City of Miami asset number and any participating cooperative agency). In each phase of the pre -sale, auction day and post -sale period, Fisher will constantly keep the City of Miami Project Administrator abreast of all steps taken, issues to be addressed etc. Fisher Day.of Auction Care Staff Lamar P. Fisher,.Sr. Francis Santos Midge Navarro (Notary) Barbara Fisher, if requested Samples of Documents Used at Auctions Lead Auctioneer / Project Director Bi.d Assistant / Project Manager . Data Entry Clerk / Bidder Registration Certified Personal Property Appraiser Please find attach ed immediately following this page a random sample of documents to be . used during auctions .indluding but noti limited 'td:. bidder's 'registration and bidder's card, sample auction day sale catalog for registered bidders, sample bid recording sheet, sample computer printout for buyer(s), sample computer finalization print-out for seller, 20 FISHER AUCTION COMPANY SAMPLE FORMS Invoice for dealer (no sales tax) Invoice for non -dealer (sales tax charged) - Seller Consignment Report - Registered Bidder Report Auction Day Catalog 21 FISHER AUCTION COMPANY Buyer Number: 223 P 3 Auto Wholesale Inc Ooaquin Gonzales 170 N E 29 Street Miami, FL 33137 ?hone (305) 573-2736 • Purchased Lot De-scription Fisher Auction Co., Inc. Page 1 351 S. Cypress Rd., Suite 210 Date :04/02/2011 Pompano R,each, FL 33060 (954) 942-0917. Duplicate Inv4 Tax status 1 Resale g Driver's L1c41 Fax Phone 100026 Resale 238012635081 at Auction of City of Miami, FL, Surplus Ter Ouantity Unit 'Price ExtensionGrp 26 23438 - 2003 Ford .Crown Victoria Vin4 217avP71243X17909.1 Odometer 81028 Out of svc. 11/15/2010 16 28140 - 2008 Ford Crol*m Victoria Vin# 2FAFP71V4=22517 Odometer • 35517 Out of ovo. 12/10/2010 41 26141 - 205 Ford crown Victoria Vin# 2FA8P71W25X101167 Odometer 77375 Out of ovo. 11/02/2010 42 29202 - 2009 Ford Cl)Lmm Victoria Vin# 2FAEP71V89X121414 Odometer 1305 Out of STC. 11/02/2010 7 3. 1,75.0.00 1 1,500.00 1 1,200.00 1 3,100.00 1,750.00 1:500.06 1,200;00 3,100.06 ........... , . • • .... ' '• ' ' ' ' ' . A11 Purchases Must he.Removed No Later than 04/04/2011 Purchases 4 lots 4 items sales Tax Collected & Remitted by Fisher Auction Cu., Inc, ' #16-2,012185235-4.;Lic.AB10.6 Thank you for attending our salel 'Purchases 7,65.0.00 Buyer Premt:Luxt, 535.5,0 Balance Due 22 El1yer,Number: 218 Mardell WaShingt(n 2000 Nw 111Th St MimiL F1,33167 Phone $0.5) 300-2796 Purchased Lot DE:scription Wiff.thw,t Auctiot Co,, Inc. Page : 1 351 Cypralso Rd., Suite 210 DatP :04/0212011 Pompano Beac411, FL 33060 .954) 942-0917 0uplicateIry Tax natus 1 100013 Taxable Drivtd:tit..1 Lio41 W25254061045 F&X FhOne ( at. Auction of: City of Miami, FL OUrplUS Tax Quantity Unit ITice Extension'3rp 39 21274 - 2001 Dodge Durango Vin# IR4HR2inU1TE62796 Odometer 79274 44 LM50 - 1999 Sarlo 1,6211/C Vin.g.2 207973 1 "::,500.00 3,50D.00 1 5,00 5.00 74.11 Purchaoes Must be Removed No Later than 04/04/2011 Purchases 2 lots 2 itemil sPurchaaea $ - 30505.0D Ta:t Colle;:.:ted a Remitted by Fisher Auction Co., Inc. #115-8t12185235-47Lia..AB106 Thenk ymu fcir attending cur sale! . ....... . . Buyer .Fremium 245-25 Salf=,s Pax 1 3/7J5M5@ 7-0M 262..52 Balance Due • 23 4,01'2.87 Seller Number: 1 city of Miami Fisher Auction Co., Incl. Page 35:. s. Cypress ad., ,Suite 21.0 Pompano Beaoh, FL 33060 (954) 942-0917 Statement Date: 04/04/2011 • Phone Fax Final Statement Sold at. Auction of : city of Miami, r'L Surplus 1 .t Lom / ,5C 4 Lot Buyer Eleoription Qi ant±ty .[rice E''xteu zicn M770 1 244 • . -4770 - 1983 Case 1918 .E Vin# 1 3, 700.00 3,700.00 9152120 Hours 765 240002 2 244 240002 - 1988 Bolin Deere 410C 1 4,200.00 4,200.00 Vin iT0410CA753586 - Hcuz:s 9395 M733 3 244 M733 - TCI 747 Grader 1 1,750.00 1,750.00 M758 4 210 M758 - 1983 Galion 54-6a-ED 1 1,250.00 1,750.00. Vin# 60536 Bcur_s 3140 24007 5 236 24007 - 1989 Bobcat 753 Vin 1 3,500.00 3,500.00 051271390/ - lours 6747 24.008 6 210 24008 - 1989 Bobcat 753 Vin 1 3,D00.00 3,000.00 0512717399 - Hours 793 190013 7 210 190013 - 1994 Ford �'800 17in,' 1 • 2,000.00 2,000,00 flrDXFB 0C2 SVA020 81 Odometer 65183 190008 8 23E 190008 - 1991 Ford F800 Vin# 1 1,250.00 1,250.00 IF DX.K84v3NV 07690 Odometer 52807 Title Pending 23340 9 238 23340 - 2003 Ford Crown 1 2,300.00 • 2,300.00 Victoria Vin# 2FAF271P 63'X'i 76993 odometer 118759 23435 10 238 23435 -. 2003 Ford Crown 11 p 1 1, 9Ur3.90 1, 900.00 - . . Vict�./X' a V1ni! 2F F271t43X17908B. . . . . . . . • . . . . . . . . . . Odometer 117915 Transr,1 iron 51i.pping head 23348 11 238 23348 - 2003 Ford Crown 7. 2,400.00 2,400.00 victoria Viii 2FAT' F.7fl x3 1.79001 Odometer 82216 28150 12 239 • 221550 _ 2008 Ford Crown 1 2,70:0.00 2,700.00 Victoria Vino 2F FP71V788X122527 Odometer 45305 Out of svc. 02/17/2011 99336 13 213 99336 - 1999 Ford Taurus Vino 1 100.00 100_00 1F. FP52u0xA31150G odometer 38447 Out of s c. 01/28/2011 2335D 14 221 23359 - 2003 Ford Crown 1 2,300.00 : 2,300.00 Victoria Vin 2FA.F1,71G143X179012 odoo t_r 117722 :20039 {{11 (, - J00U ' 3c 900,0J0% ;.,:.' 6.0':00•,. 15 ,Jx 2UDJ3 - Dodge Pam Uzi' UU l • Via 2B7XE3125 M16757? c :lr,rke:±# ' 27507 .`" . ::re ;...f_...:.__..;r. a2sf.., .fva?.'.>,urra:w•da(,z.'.wc_> ,,v, ,c;, 23395 16 238 . 23395 - 2003 Ford Crown 1 2,200.00 2,200.00 Victoria Vin0 2FAFF7103,L17904B h t c 3Q1 TI'N UFD ON 'NEXT E•A6E *** 24 ' . Fi5her Auction Co., Inc. Page : 5 351 S. Cvpnzess ad., e 210 I .Pompano Beach, ..Ts 33060 . . 9 4) 9l2� � 7 9ez� r 1e»: 1 • Stom er nt Date: 0 04/ 2011 City ofMiami Phone rax Final Statement Sol] at Auction of.: City of Miami, FL Surplus sumzmry o Salo v a City o Miami, F t.Irplalua m_ a,m& are Calculated on a Percent of the Sae Price of EACH LOT. Statement Totals 85 Lots Sold. Total Sales $ 85,505.00 Ls; Corrunissions . & 0.00 Total Amcutt Due $ 85,505.00 25 City of Miami Surplus Auction April 2, 2011 Registered Bidder Report Bidder No. Name Company Address 1 Address 2 City St., Zip Phone Fax 201 202 Alex Benenson William Garcia G Auto Sales 203 Manolo Trucks 204 Orelvis Perez 205 Osbrey Rodriguez 206 Diosdado Mendez 207 Pablo Gonzalez Jr 208 Daniel Gaffney Hiah Performance Motors Inc 209 Troy Leonard Thomas • 210 211 212 Mohamed Gajras Pro Haulers Inc Sohak Anwar Computer Auto Sales Sohak Anwar Computer Auto Sales • 213 . Steven Sailer Best Used Auto Parts 215 . Jose Rodriguez""'" 19001 Ne 44Th Ave #308 2534 Sw 113th PI 3600 Nw 36Th St Ste A 2990 Nw 32Nd St Apt F 8817 Nw 111Th Terr 3159 Nw 106Th St 18299 Sw 138Th Ct 12904 Marsteller Drive 1905 9Th Sw 15751 Sheridan St #173 3777 N.W. 36 St. 3777 N.W. 36 St. 7225 N.W. 84 Ave 1567 71 Street . •r ::6 •, :.._= ' Miami FL, 33179 Miami FL, 33165 Miami FL, 33142 Miami FL, 33142 Hialeah FL, 33018 Miami FL,33147 Miami FL, 33177 Nokesviile VA, 20181 Bradenton FL, 34205 Fort Lauderdale FL, 33331 Miami FL, 33142 Miami FL, 33242 Medley FL, 33166 " Miami Beadh FL, 33141 (786) 317-3312 (786) 439-4397 ( ) - (305) 635-6333 () (786) 443-9419 ( ) - (305)746-8299 ( ) - (305) 693-6215 ( ) - (305) 343-4525 (- ) - (703) 594-3900 ( ) - (941) 238-7844 ( ) - {954) 214-0404 ( ) - (305) 807-5617 ( ) - (305) 807-5617 ( ) - (954) 347-1281 (785)90843233 26 SATURDAY 0 APRIL 2, 207 7 0 7 0:00 A,M, . • • AUCTION. ,r.:-,'C'1APANY • . . , -•'' - 351 S. Cypress Rd., Ste. 210, Pompanp Beach, Florida 33060-7159 954.942.0917 954.782.8143 Fax www,fisherauction.corn / info5fisherauction.com 27 TERMS OF AUCTION City of.Miami Solid Waste Department 1290 N.W. 20`h Street Miami, Florida 33142 Saturday April 2, 2011 10:00 A.M. Surplus Vehicles. Trucks. Eauinment 1. REGISTRATION: To be eligible to bid on any item in this Auction, you first must register and receive an assigned number. To qualify for registration, you must provide a $100 refundable cash deposit and have a valid driver's license providing full name and current address. When bidding on any item in this Auction, you must show your assigned Bidder Card to the Auctioneer, Once you turn in your Bidder's Card, you WILL NOT be able to participate in the Auction. 2. MERCHANDISE: All merchandise to be sold to the highest bidder(s) for cash at the fall 'of the hammer. All such sales are final! Each lot will be sold in "AS iS" condition. Inspection as to condition of all merchandise sold is to be the sole responsibility of the buyer. FISHER AUCTION CO., INC., nor the Seller, will not be responsible for the correct description,. mileage, genuineness, authenticity, or defectin any lot, and makes no warranty in connection therewith, No sale will be set aside or allowance made on account of any imperfection not noted, and there will be no deductions for damaged articles. 3. BUYER'S PREMIUM: There will be a 7% Buyer's Premium added to the final bid/ knockdown price. EXAMPLE Bid/Knockdown I Buyer's Price + Premium = Total Price $100.00 + $7.00 $1;000.00 + $70.00 $107.00 $1,070.00 4. TAXES: Sales tax (7%) will be charged in accordance with state laws. Dealers must provide current Certificate of Resale and Dealer in Motor Vehicle License. 5. DEPOSITS: A twenty-five percent (25%) deposit must be paid on all vehicles purchased before leaving the Auction. Deposit minimums are established at the Auctioneer's discretion. if the Auctioneer deems necessary, deposits may be called for at anytime any item is sold. All deposits to be made in cash or cashier's check made payable to FISHER AUCTION CO., INC. • 6. SETTLEMENT: All personal property -must be removed and paid for in full Auction day. Final payment(s) on vehicles and trucks must be made in full by 12:00 Noon, Monday, April 4, 2011 and prior to removal. All payments to be made in cash or by cashier's check made payable to FISHER AUCTION CO., INC. 7. TiTLES: Upon final payment and with paid receipt, vehicle titles will be made available to the name in which the Bidder has provided. at.registration. There will be, no exceptions or. changing of. invoices. ,Non,Dealers. will. be. . required to register.the'vehicles they'purchased today and pay.applicable fees of State Fee •$73.50, County • Fee $4.75 and Agency Fee $18.00 totaling $96.25. 8. INTERNAL REVENUE SERVICE: Any individual who makes a payment in cash in an amount of $10,000.00 or more will be required to provide information requested and sign IRS Form 8300. 9. REMOVAL / INJURY / DAMAGE: No Auction lots can be removed until paid in full and the Auction has concluded. Purchases cannot be removed without paid receipts. Buyer acknowledges responsibility for any personal injury or property damage caused by Attendee or his/her employees or agents, and further agrees to release, waive, discharge, indemnify and hold harmless the Seller and Fisher Auction Co., Inc., and their officers, employees and agents, and successors and assigns, from any and all. damages, claims and liabilities from injuries to persons or property of any type whatsoever resulting from the attendance and/or post Auction removal of items for this Auction. Vehicles must be removed from premises by no later than 12:00 Noon, Monday, April 4, 2011. Cost to remove vehicles is the sole responsibility of the buyer. Removal must be completed without damage to the building / property. Failure to remove vehicles within the time specified will result in a forfeiture of all deposits. Such forfeitures) shall constitute a breach of contract, and all buyers shall remain liable and at risk for any loss, expense, and damages arising from said default(s) if it necessitates reselling the vehicles to another buyer(s), 10. COMPLIANCE: All persons acknowledge the preliminary reading of these terms and conditions precedent to the commencement of this Auction and agree to comply with same. No employee of FISHER AUCTION CO., INC. is authorized to alter these terms and conditions. . :-1'1.:rANNOUNCEMENTS:-All_ announcements made Auction Day..take•.precedence..:over.any..previous.rnaterialeoc;.;— statements written or oral. All information was derived from sources believed to be correct but not guaranteed. '12.: EXCEPTIONS: There shall be no exceptions to any part of this agreement. Bidder No.: Signature: Date:4/2/11 ,Sale Under Management Of. Fisher Auction Co., Inc. 351 S. Cypress Rd., Suite 210 • Pompano Beach, FL 33060-7159' (954) 942-0917 • (800) 331-6620 • www_fisherauction.com o info@fisherauction.com 28 Fisher. Auction Go., Inc. Dag 1 ,Catelog y cx t •C:a.ty •os i^:iama,, EL w'urplus This catalog is meant merely as a guide. The Auctioneers do not warrant the accuracy, yE'1•!•Lrineneuz, authenticity, dencripiion, weight, count or mea'.rure of any of the lots specified herein. Lot Qty Description Lot Qty Description 1 1 14770 - 1983 Case l218..8 14 1 23359 - 2003 Ford VinO 91521200 11our.s Crown Victoria Vin# 765 2FAFP71T443X17 9 012 2 1 240002 - 1968 John Odometer 117722 Deere 410C Vin 15 1 20039 - 2000 Dodge. Ram 96T0410CA75358G - flours Van 3500 Vin' 93.95 2B71 31 z51E16 7 5 71 3 1 M733 - 'ICI 747 Grader Odometer 27507 4 1 M768 - 1903 Galion 15 1 23395 - 2000 Ford 54-6A-WD Vino; 602536 Crown Victoria Vin# Hours 3140 2r rP711933X179048 5 1 24007 - 1939 Bobt:at Odometer 75748 75D Vin 0512713907 - 17 1 223376 - 2003 Ford Bourn 6747 Crown Victoria Vin`. 6 1 24008 - 1989 Bobcat 22.'1FP71TIX3X179029 753 Vin 0512717359 - Odometer 115915 • fours 793 Inter vial Engine Noise. 7 1 190013 - 1994 Ford Dead .Line !'800 Srin4 18 1 23303 - 2003 Ford 1FD:iF 90C29\ 020E1 Crown Victoria Vin; Odometer 65103 2FAFP71UI13X1B1395 8 1 190000 - 1991 y5 -4 Odometer 65351 F800 Vin># Transmission Oa_]. r ITTXT84P311VA007590 Trlorks in Reverse. Odometer 52807 Title . 19 1 23387 - 2003 Ford Pending Crown Victoria Vinir 9 1 23340 - 2003 Ford 2FAFP710793A'_179040 :Croaln:Yirtoria ir.in1.` Odometre• 83 02 2FAFP711053n178993 .........................' Knockinrg Noise Comming Odometer 118759 From Engine. 10 1 23435 - 2003 Ford 20 1 Z3317 - 2003 Ford C,•ourn Victoria sling Crown Victoria. via. 2 AFP710243)1179088 2i'el?3710153X178970 ' Odometer 117915 • Odotaeter 71487 Transmission. 51ipping.. . 'pttling Noise Fcom Dead Line Engine . 11 1 23348 - 2003 Ford 21 1 23425 - 2003 Ford Crown Victoria '1inf Crown Victoria Vi n•# 2FA1127114X3X179001 2I'AFP71W13X179078 Odometer 82216 Odometer 952:95 12 1 28156 - 2008 Ford 22 1 23400 - 2003 Ford Crown Victoria Vint Crown Victoria Vin# 2F?FP71V78X122527 2I':7';l'7.11017 X17a053, .odometer 45905.0ut of ..,.. O:iamet.er••-:136846-.,_...._...:.. :.... svc_ 02/17/2011 . Tran;,rjaiszion Slipping ' 13 1.99336 - 1999 FOL-d Dea:3.1ine . _ Tau? -us VaraVr y �• ,kO:0't; ,� re ... .1TA1P52U0XA311506 Crown Victoria Vin# ::odorriater 30447 Cut of 2FAFP71l563X17a013 :;vcr. '.01/28/2011 Odometer' 111549 Visit our tishoTacrct:.oaa.con to future s.azez! 5'tan i.ir".!r i.7 01.max(—; !... ,. 111. METHODOLOGY AND OVERALL APPRO.ACi-1•TO SCOPE OF WORK Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing for a live onsite auction, in accordance with the Scope of Work. Additionally, proposer shall explain the Scope of Work as understood by the proposer and detail the approach to,preparing for and providing for an Internet auction. Introduction The auction -marketing plan will be conducted in such a manner as to enhance the public's perception of the City of Miami as an efficient liquidator of surplus assets at market value. Fisher Auction Co., Inc. ("Fisher") will endeavor to provide maximum exposure of the auction .sale to auto / equipment dealers,•the public, former clients of the City of Miami and Fisher's database of clients from past sales for similar items and assets. The Project Manager will monitor each aspect of the marketing plan daily. Onsite visits,.electr.onic messaging, telephone calls and strict adherence to the critical path / timeline will be tools to ensure.quality control of the marketing plan and overall management offthe sales process. Methodology / Rationale for Proposed Approach Fisher's experience with similar ,engagements will provide the .City of Miarni the necessary blueprint for planning •and conducting .successful auction sales while maintaining and •establishinggoo.d'customer'relations: • • • . . ... . .. . A major element of our proven sales program entails constant .communication with our sellers from planning and implementing the marketing plan to tracking and monitoring the response. Our results are measured by increased sale returns from previous years, positive comments .from the public and the. many reference letters of satisfied repeat clients. Dur marketing plans are tailored to each auction event featuring items of interest with pertinent information to educate and inform a prospective purchaser of the terms and conditions of the sale. We work very closely with our seller's representative (project administrator) to obtain all approvals prior to any decisions or any marketing materials being printed, eliminating unplanned surprises and isolating concerns before they evolve into major problems. 30 FISHER AUCTION COMPANY 7776 ot E.enekv.e.;9 IV. Price/Compensation Proposal FISHER AUCTION COMPANY ti,7I nciar of ..,;4.4,/e is IV.. PRICE/COMPENSATION PROPOSAL Each Proposer shall use the "Price/Compensation Proposal" document to submit its' price proposal. Said document is located in the Header/Notes and Attachments section of this RFP, in the Oracle Sourcing system. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. 31 • :;FISH AUCTION COMPANY RFP 270254 PRICE/COMPENSATION PROPOSAL AUCTION.SERVICES INSTRUCTIONS: Proposer shall use this document to .submit its' price/compensation proposal for Group 1, Group 2 OR BOTH. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds, Failure to submit trice/co,noen,vatinrr proposal as.7'egwrcd. and !11 time O/711'Oposal submittal ,ball dis&ualifi'.Proposer from consideration. GROUP 1: ON -SITE AUCTION SERVICES Line: 1.1 Description: Commission Charge for Gross Sales: OR Line: 1.2 Description:. Buyer's Premium for Gross Sales: 7 GROUP 2 INTERN.ET AUCTION SERVIES..... ....... ... .. .. . .... , ... . .. .... ...... . Line: •2.1 Description: Commission Charge for Gross Sales: OR Line: 2.2 Description:• Buyer's Premium for Gross Sales: 7 % Lamar P.. Fisher Print Name • Signature.,,,;:;: President / CEO Title Date • ..• 32 711,9 vevuvv.tFim s IMILIKWO V. Availability . . • .... . . ....... • AUCTION COMPANY Lk, V, Availability - Indicate current and anticipated workloads and availability. Identify the extent and nature of any anticipated outside support (subcontracting) that will be necessary to complete the services herein. Identify each support vendor by their trade. The City reserves the right to reject any proposed firms used as outside support. Fisher Auction Co,, Inc. is presently under annual contracts for similar engagements with the following local Agency, Agency Proiected nil Date State of Florida August 33 F. FISHER. AuOTlory eonwantr. ,._ • • ; VI. Other 91,F4nclarci . . • ... . . . ......... : : .... . . . . • VI. Other Provide o summary of any litigation filed against the proposer in the past three (3) years which is related to the services that proposer provides in the regular course of business, The summary shall state the nature ofthe litigation, abrief description of the case, the outcome or projected outcome, and the monetary amount involved, None � � 34 / ..... ........ ___________._______......... __�______________TheSan�s�o/�vc�V*n�* 00 Certifications if proposer is a corporation, provide certification from the Florida Secretary of State verifying proposer's corporate statos and good standing, and in the case of out-of-state corporations, evidence of authority to do business in the State of Florida. Submit occupational license/business tax receipt from Entity vnherpbusiness islocated. ... . . . . . . . . . . . 35 '-- FISHER'-- ��MFISHER tate of17inda Department o State certify from the records of this office that FISHER AUCTION CO., INC. is a corporation organized under the laws of the State of Florida, filed on September 26, 1.983. The document number :of this corporation is 6'61026. I further certify that said corporation ha.s paid all fees due this office through December 31, 2011, that its most recent annual report was filed on February 1, 2011, and its status is active. I further certify that said corporation has n.ot filed Articles of Dissolution. Given under my handand tize 'Great Seal (91' Floriaa,at Tallaiza,s'see, the Capital, this the Second day of Februam 2071 ' . '''''''''' • Authentication ID: 700-193054437-020211-C61 02.6 To authenticate this cerlificale.visit the following site, enter this ID.ancl then follow the instructions displayed. https://efil C.S LID bii.orgicertauth v er.htin I BROWAR'D COUNTY LOCAL BUSINESS TAX RECEIPT 115 S. Andrews Ave., Rm. A-100, Ft. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 2010 THROUGH SEPTEMBER 30, 2011 DBA: Business Name:=.aSHER 4.tJCTIOIi CO .INC Receipt#:379-14471 Business Type:ALL OTHERS (AUCTION HOUSE) Owner Name: LAMkR P FISHER/PRES CEO Business Opened:ao/09/1964 Business Locafion:351 S CYPRESS RD STE 210 ' State/CountylCert(Reg: POMPANO BEACH' Exemption Code:NONEX_EMPT Business Phone: 954-942.0917 Rooms • Seats Employees Machines Professionals For Vending Business Only Number of Machines: Vending Type: Tax Amount Transfer Fee I NSF Fee Penalty "' Prior Years rl Collection Cost • Total Paid 45.00 4.501 0.'00 0.00 0.00 1 0.00 49.50 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VALIDATED Mailing Address: FISHER AUCTION CO INC 351 S CYPRESS RD STE 210 POMP_%.NO BEACL, FL 33060 This tax is levied for the privilege of doing business within Broward County and is non -regulatory in nature. You must meet all County and/or Municipality planning and zoning requirements. This Business Tax Receipt must be transferred when the business is sold, business name has changed or you have moved the business location. This receipt does not indicate that the business is legal or that it is in compliance with State or local laws and regulations. Receipt #035-10-00000736 Paid 03/04/2011 4.50 2010 - 201:1 BROWA D COUNTY LOCAL BUSINESS TAX F.ECEIP 115 S. Andr e,ws Ave., Rm. A-100, Ft.. Lauderdale, FL 33301-1895 — 954-831-4000 VALID OCTOBER 1, 201E THROUGH SEPTEMBER 30, 2011 DBA: Business Name: FISHER AUCTION CO INC Ovrner Name:.LAMAR P. FISHER/PRES CEO Business Location: 351 S CYPRESS RD STE 210 POMPANO BEAC?i Business Phone: 954.-942-0917, Rooms .Seats Employees Receipt #: 379-14471 Business Type:ALL OTHERS (AUCTION HOUSE) Business Opened:10/09/198A State/CountylCert/Reg: Exemption Code:1N011F-IxEmPT Machines' Professionals Signature • - Number of Machines; ForVendtng 9usiness Onty Vending Type: Tax Amount Transfer Fee I NSF Fee I Penally Prior Years I Collection Cos( Total Paid % 45.00 4.601 0,001 0,00 0.00 0.00 49.50 Receipt #035-10-00000736 Paid 03/04/2011 4.50 iiiir•rA • rei 0" -Ye '• • •!, • •:• •• • • •• • • • ,1\1•:-.W.,v. RENEWAL • r,tATE. ISSUED • .E.(..05TRATI01'4 FEE 1 c' spir.L13,i0LIENT • • TRANF5e, 00 „:11,7:,,M(11:11‘1:1 " • • •• R-re:i'dIFJEIFF; :30 • Lic.;LIELY T IDLISfNEES VIEW.:10" ' . BLISiNES ATION • . GONTRAC,TOE?S F./MST MAINTA114 ON Fli E „ , , • CLIRnEter LICENSING AND INSANK; .:1;16-iit.:E;;.•/;\ C;(-;/4-110t1;01_15161" 714.E11 1ts4Cri DEEMED A. viAr'vari OEy rcJIsIorDTr45:c..ri- CODE NOR...SHALL THE !SSOANCE1 c....P.A.1,2,11:1L,E,S TAY, ;-..iECEIPT 11:Er 47.,...14•GTRUE0 7c,-; Q1' or ii4E 4:17v "...AS 70 714E. .COTEKETRACE. OF 71-tr: ARPLISP,t2.17. 70 '7RAI1SACT !..:7•US11-44.73.5. • " . • AC# 460 9,5. p_z T.rs.EN.I •O ':.EUEi1s: D9/22/2009 I0967:s45.() The AUCTION BUSINESS Named below .TS LICENSED•. tinder the provisions 'oar. Chap•ter 468 FS. Ex.p'iration date: NOV 30, 2011 FISHER AUCTION :.COMPANY LAruZ P P.: 'ISE ER 619:.EAST ::ATtANTIC BLVD POMPANO BEACH .FL 33060-6343 CHARLIE CRIST GOVERNOR. D L'SPLAY AS. PE UIRED BY LAW ;TIAT:. ON 7EG# L09.092.201095 CHARLES .k;•. DR GO S E CRE TA.HY ACy . 4 5 9.8 81 STATE OF FLORIDA D a_.P.T1` 'NT• • OF. ,=BUSCEN'E:SS _ POFESSI.ONAV PEGJL TTON tQRIDA.`•?:.3.O.Ais'D'''=OH Yk:r.-.CT.ION7E 5:, .,. .... -- 5E=Q#LD9091703032 09/17/2069 I098044683. AU9:3 The AUCTIONEER Named below. IS LICENSE4 Under the provisions os.ChawL:er 468 FS. Expiration date: NOV 30, 2011 L Y4AR PAUL . 2.9:0 . SE.. 5•TH... `rr'.Eg J CE 'Po4P 'NO'B'EP.C_y :` • • • • •• .KL 33060 • CHARLIE CRIST GOVERNOR DJ'SPLAY:AS REIUIRED BY LAW CHARJES W. DRAGO WRE`?ARY ACORD, CER FICATE OF UEABELITY @NSURANCE DATE (MMIDD!YYYY) 05/16/2011 PRODUCER (954) 942-4400 Southgate Ins Agy of Pomp Bob Inc 663 9 North Federal Highway P O Box 728 Pompano Beach FL 33062- THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE NAIC INSURED Fisher Auction Company Inc 351 S, Cypress Road, S#$ 210 POMPANO BEACH COVERAGES FL 330E0-7159 wsuREaA:Burla,ngton Insurance Co INSURER B:Employers Insurance Co. INSURER D:Underwriters @ Lloyds INSURER0: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED AODVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OP. CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE NdSURANGE AFFORDED BY THE POLICIES DESCRIBED HEREIN 1S SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADD'L LTR IINSRD TYPE OF INSURANCE " " i" I POLICY NUMBER' ' ' POLICY EFFECTIVE DATE.(MM(DD(YY) POLICY EXPIRATION DATE (MMIDDTYY) LIMITS A a ENERAL LIABILITY 5358012592ra 03/01/2011 03/01/2012 EACH OCCURRENCE 5 1,000,000 1. COMMERCIAL GENERAL LIABILITY DAMAGE TOREHTEO PREMISES( Es occurrence) 1 000, 000 $ r CLAIMS MADE ( I OCCUR '/ / / / MED EXP (Any one. person) S 5,000 PERSONAL &AO\/INJURY S 1,000,000 XI Products 'Tnc1d in GA / / / / GENERAL AGGREGATE 5 2 , 000 , 000 GENII_AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AG 5 J CN'L ' I. ( POLICY 1—I LOC / / / / AUTOMOBILE LIABILITY ANY AUTO / / / / COMBINED SINGLE LIMIT (Es accident) S, A ALL OWNED AUTOS SCHEDULED AUTOS / / / / BODILY INJURY (Per person) S H HIRED ALTOS NON -OWNED AUTOS / / / / BODILY INJURY (Per accident) c .I / / / / PROPERTY DAMAGE - (Per accident) S GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC S AUTO ONLY: AGG T EXCESSIUMDRELLA LIABILITY . / / / / EACH OCCURRENCE S . .' 'OCCUR . .'CLAIMS MADE AGGREGATE 'S S -1 DEDUCTIBLE / / / / S RETENTION 5 r WORKERS COMPENSATION AND ➢ICV7044546 1 05/.19/2011 1 05/19/2012 I WCSTATU- l 'OEfi-, x TOP.Y LIMITS EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT S 500,000 OFFICER/MEMBER EXCLUDED? / 1 / / E.L. DISEASE - EA EMPLOYEES 500,000 byes, describe under SPECIAL PROVISIONS beior, E.L. 0!SEASE - POLICY LIMIT S 500,000 OTHER C— ? fessional Liab ___ N5L1124.55810 ---- / / 12/05/2010 —�-- -------/- / / 12/05/2011 — --Ea?_-i-_ry Each Claim Limit : 1,000,000 F AgrFegz-ta-:— .a..DQ.Q_r_0_DA DESCRIPTION OF OPERATIONSfLOCATIDNSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEEM=_NTISPECIAL PROVISIONS Soope of Work: Auctioneer Description: Auctioneed Se=vice The City of Miami is also known as Additional insured with respect to the General Liability coverage. -.CERTIFICATE HOLDER CANCELLATION City of Miami • • -. -. c/o Capital ,Impr-ovement:Dept . '.a.yQ 9W 2nd Ave, Bth Floor Miami FL-331307.. SHOULD,: ANY, OFF THE.. ABOVE .DESCRIBED,. POUCIES. BE CANCELLED BEFORE,iHE EXPIRATION DATE THEREOF, • THE -ISSUING INSURER- WILL -,'ENDEAVOR 70 MAIL--' 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAT,IEO TO THE LEFT, our . FAILURE,TO DOSD SHALL IMPOSE NO OBLIGATION DR LIABILITY OF ANY, KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE AFORD 25 (2001/0B) NS025 (01DB).DS an © AFORD CORPORATION 1988 Panel of 2 Siand5id inggRAINK. VII. Additional Information , . • . ' .,.• = A • • • FISHER AUCT1014 COMPANY i P, :'1ii$l't!a i;Y Ctf VII. Additional Data Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. The City solicits a statement about why the proposer feels its approach or equipment would he the most cost effective to the City. Fisher Auction Co,, Inc. specializes in the sale of Auctions for Local, State and Federal Governmental Agencies e.g. City / Municipalities, State of Florida, Federal Deposit Insurance Corporation,' Small Business Administration, 'U.S. Bankruptcy Courts, etc.. Additionally, seventy-five percent (75%) of our core business is repeat business with the many satisfied clients utilizing our services. Fisher Auction Co., Inc. is a nationally recognized, experienced and respected Auction marketing firm .and are confident in our abilities to provide the services necessary for this important sales initiative contract. We have had the privilege of serving the City of Miami for the past 12± years. Fisher Auction Co., Inc. was selected' to market via the auction process the "Miami Arena" o.n behalf of The City of Miami and sold the property at auction for over $3,000,000.00 of the reserve price. (See attached reference letter and erticl.e). 41 AUCTION COMPANY MANLe.LA. DIAZ MAYOR Febniary 18, 2005 Louis B, Fisher, III Chief Executive Officer Fisher Auction Co., Inc. 2745 Bast Atlantic Boulevard, Suite 200 Pompano Beach, Florida 33062-4945 Dear Louis, 3500 PAN AMERICAN DRIVE MIAMI, FLORIDA 33133 130S) 250.5300 FAN 13O6) $54-4001 I wanted to express our gratitude and offer Congratulations to you and your firm for the successful Auction of the Miami Arena. The presale marketing plan you implemented targeted prospective National and International buyer groups which resulted in a final sale price over S28,010,000.00 exceeding our minimum bid by S3,000,000.00 and the appraised value by S6,000,000.00. Your efforts throughout and Irnowledge of marketing and sailing major Connmercial Properties was .outstanding .and. certainly provided value added, to the entire sales process and sincoess of the event. It was a pleasure to work with you and all of your professional team members with a challenging initiative and most rewarding experience. Once again, Congratulations on a job well done! A) Paki Beach Colin, mogul: shoots, scores at auction. BY WWI T'A:..tilAY sTAFF tVtt!Tnh MI/:MI a Itdiamf Arena, considered obsolete the.mo- ment it opened 16 years ago, rnay.get new life as a for -prof: it venue for hors eshows and minor league sport's after a Palm. Beach County entre- preneur won an auction 'Tuesday, agreeing to pay :sligntiy more than $28 mil - .lion for the pink downtovm .arena, :.::,Palm4 sash Polo ;gasmen •.�IesiiS�"ailiti'eaf<.oi�ttiiiaini ,parit ng : iri'agnatc ;EFtaat:., Soppe iiifh 21 12[141t auc- iron.entl,e:'aruAi aiflcior:before: anotrt5Ospec4at{irs Stiatab agreed'toioaa $; j8tO1'imilhon fortr e ld•�5.O.O.seat arana.7hi May..Sooher:'SipnecI`;2.t;cor .: ti actto' hta3 ; the x wiu�icit :u2a ri,tbionsubjecttothe nthtibn,. .ana was a pact d to o ilia: Ttiersale, m:ugt:5e approved by the Miami Sports and••Eichibition / o- IIRet,EACOiTIt.IJESBA' 25fi GLENN STRAUB (asset Golf coursnS, real ante and other companies. fwscCt:cg E9CZ6S:'•t .011 and manufacturing, Lilos•to buy ”distressed businesses and • try to turn theirs around." I t v ?6t1[ Ffrzi...r�E. iNE Arena buyer waslate su rise at auon REM Tile arena was built inr.y5? ruifli UII rRf.RdIACIE1?, n ifionlnhouse the fiat. Ithe. ihoriryboard, puts ihft. 7-Hera ewebornetothe.Pantiiersi.0 city property hack on Miami. 1983;buisomibiui ocams coin• PIineCountyta:rnlisand'frees ' p[gb;odlldidnothavolhere'F ujfmil[ior_.o[hotelbad tiixdol - Iutslitu m,woavUtebuildimft; hu;generatingsui[eso(netver debt and 'mnip tennnce..A poi venues and set abOut building {WMofthebed tax itset aside to neu= arenas.. The Panthers .hd1ofund aproot:sedballparlt tinkle -Florida ?,inrlins nc::t to moved to Office Depot iopot Center in the-.orany.e trawl:DUier funds Su rri;eu1199&, Irumthe mite could help pay to ((illl',:alelaa roved,tiieC2t 'rhm'ate the Drungelinsel, city pP of0ciabssaid,Thehoerdmaeu m911anand reserieswillbe.L5Cd P 'rhe arena leas built nor the to payofftherem aininb 22.8 nitiami !•leaf end was homes° nulUon Ili Canstrucnon debt, ene notidu Panthers, untilbolt fn:.ingnprnillions of hotel bed mdved.,0their own new larger 'iisn'dona,it'latpayfo1nedCtlt artemswitlt revenut-genendirg coke:. Ends thes60u0 'ioperaton. 0Iraub.saldhe envisions 'as Earlierthis year, city and ninny as 105 eventsayuor in the blinding, in_ludingconventions 'County' officials included Si, Ali ncedMOM spacLima abt- 'million from the arena's saiel0- stH'ranprovide Fie Raid the'nre_ Tvarda;�3ti9ma>iltionbalipadifi• fie,which:11'1)& gboughtbyone MG his businesses; 1froward nancingproposal far th°than• 'Th hrinc.,wouidnat.compat^_ tins. City, county and team Print neighboring 19,600•seal ,medcwr ki,-tinesArena,whieh• officials are ffnalrl[riga[i0Hlic' became Use.:Hcat's hom:in in6.UlaaandteanlotflciatSsaVli Zoo. earingitdown sen•eano- •they cap, break eroune by trody's purpose," saistraub, spring, astadium Can n open for n"?tor Boca%Raton:."We feet '. tttc Beason,'. there's e.nitlie between large arena conventions and boat "Titisisde!initeirsom:anin; Shows and Things ofuset nature, that was needed, and now.thai \Vewouldn'tbetryiagwtackle •it's happen ing,itsavelyaoed hnisLe of evenw..nut we'd be dingy things obasm.weddings •stnn,"taiarlirr; Presidontllavid and borntitesatu, and things of Sa1115onS71d, uYtlAm'c" ;Dili 'tileiel :were t11rihed intuapti lbm itllonthitpn • tedsi-siog n a (Snicker thu vnthth aunton . 1 vo men co•trerr iii .ttth?uuC •Front Qilr;pmiiel! gill e ih` :fioeaiii'trorii tome ttoi1Jea b " r •iiA=cdadaheriutitagt.ti with Ortlllertj rOCk ..,.. an ill tan. . tivore'istlirti csjin!tii@ r;aa a'elsic roils and thepropeit;' eoesn'1 ;i ei`tl`°:buitdin ' sa;` b ib5Ii slndlpnl and(orr hl}•tti51iingIne. C)range3os11): Su barn the end high bidder. The arena proiarly galpe•Y'e'.ranlmostthere: 39aasahave been inctudedina Strad saidhisasetsinctude S15biliianprojns drsidenGal gdllcouros,real estate and nth. •ihQPi�b'edan-ss±;uiz,;;t>F; .drain 5100 million over 15 Grin ni'i[1'uoraia[J�tl iii'.increm)ntb , cfnrtinc:af:59001ootiaaia a+rniiyl ;Pears,'.hitamiPha;/ortl'[anlly Di• .hit?;,)tinglo"s10;1900;.Wu.mth„c:, -t,oa :` itd14�tICvdUii'[IIIS`°''- price,roseaid;;42)f'ir'iiiliiin,, ...+..:: -:•,.:•... .. :. '5 ift1ob 1 3o1ed'id5t mii....n8 e"- cash':nbttl;tnai co .ge'ir• ocfcshalce'ins6ddd,_'',: ,(•',. TJat.il'S1 raub arrived io coiu• pate. in the mmlion, i1.010. os- pe ted.that Sopherwould be file and commercial development.:.. •peCoaipanles; His background littbe)edlastmonth,,butSophef .ism amid nranufactunng,He. said losing tile arena won't al. said holikestobay "distressed (ecttheprojecl.Sgjfiscnitllie businessa;andtry'taturnthem zolild3tell;Stiauti'.t!,as%sa itius •• arirlm0 aTf tit btdii iig:�tid:lii ssusdt'.: „Biel Straub has run into lire p oaredln goiha(f n;` " ::: pediments over the year;tin= '4ididn'a.: 't; anon io bid tntding a legal battle with the agaiiutiii ; alier0bid; if ap• village of Wellington, which pro•reltthesalewouldclosehy euedlopreventhirnfraittdevei- Seit,21, (Ting Big Blue Natural Pl serve 43 rlti�E Il% ARENA The arena 125 been borne ib saxts' trams, conceasend,spodal events in h 1 oyBnl'•hlnar: Openodt July9,•1985 Opnnina car,Ccrt: Ittiitagles.les on July 1.l,111.10 Miami Heat: forI Fs<imns, 198e-1999, indutiing.liven consecutive Auandcn1Yisienlill_^s 11943-97; 1997.98:and 1995-99) Florida Panthers; to; tier sea;vre, 1993-1992, including tier 199r,, Iallele Confer:meTitie and I o w [it^ 199,5 Stance; Cup Haas Mined Horricnoo mmt`a ba>i;etba1'; far 1 S teascns. I30003,?. Concert:; Otto 5p1n,p:tea UO Fitky Martin Gloria :sefan:Lenny F3-o iT,a'Shulir ; isob Dylan: Aarosmith;Jann; Jackson: Luciano Pavarotti; Fran!; Sinatra Enos! 61thturd calm M i; Awards; Source Nnsl_At'.zria; Hansen Gobenoltate Ice Minor League Sports: its: Miami Naomi; (Arena inn:ball League tam): Miami Maodms and Miami Manatees (minor lezpuehocl• y learns) within the Pul n.I?;tt:h Polo Golf a: Country Club because il'wao designated }ated y'ears:ago as a cy- press forest. There also was e 1 w ult,claimingbreachofcon. trac.,over his companies.' )40 •milion purchase of•3.row:nrd YachsiromFraridin.Deni- son. Si. in 199E.. In that case, 5trauh's companies filed coun- terclaims and were awarded compensation. Sarah Talrtlav can he recrhed ataiolnluv(-c_•wn•ser r.ci.com or✓�356.5::3. ys- , tea7.*.uag•Aragq.-- Tel: 8001331.6620: wwwJisherauction.carif into@tisherauction.con, AUCTION COMPANY .¶ 4 `I ,,,s4,"-'7". • Public Auction of 'Miami • „iiivitits-Vellicies 4 Trucks kr.-4 ,111,Pi'l rmg.gr trf. , erirt,a4:? n.it 01 v,..5.1Artwiferweapp.,- •-, • • t'.e Facility LOCATION.: 1290 TiVi 211tit Strtet. Mithui. ricifitta D1REGTIONST !-95. ,;-:;19 0:30 West to Ni 12 41r4nue. Titn tightlo 2WhSrL TUm 10.1.4dpi-int:redtciianttance ladrity .474it 'PTA: i 1,11 - .1 ni;, rn• f, PARTIAL LISTING: F%-2i'd .erinvn Vitiggiusii-'33, 7:43B, 2-'35. i"?-TiQ) (iT.95 Clgegy CavaN=r•:113'9:Tr Fbri.Espyri pazit•T;.-ggius"11.2.37145,1-'149 1-'2f1) tE Clinvy 'Cg4 -Pori Rite' Tilgazk, Fr r.3 Ffibb TN* 'Di Cadge t3-ittiin4c,-, 12Vr.t rintip 13fAcv,..fl 1 t121 IUnalAr Croyi ''crijtegia s6-,71 etggpiti.g,.fs-,11us nttug:h !mita! . • . . TEAMS.: Ca'.;11. gt tfjj F41.rgis. - 1:1M ReNndabla Cash Ospasii r.stiArc.d.b pgvagn4 tszoparr:-4'nu 1paid ok,f rea-gregd avc.liam day by 21:0 A 25% Caz-la Oep•ggi vtirl bs tr.:4 all valliglgs day Zif Atsciiion Szgagg!,-; nitva pigi-,p•Rtg• ka.rgovzi Sam i ti".3b,naork kler.day, Aril 4, Alt !tarns. Culdilign wiii st r i srictIrn Nad,•00,:114 purvhaseg wt..; bgngisY pigo? fg..1alagi.Ta.,* Ti agi--.11gy MR i 113.4b1.Asciiiinti 303FEict In anti 45.41itoLt., Ail an- IP ;61s., Aucibiitiay bka, C.'t Sir arty 4 el . • Istrna-aJlsals. vvWvv.ffsheratictiori.com 964.942.0917 s 4.; „gr. • • hb Standard of Exte tante" Tel: SO3.331.6620 www.fisherauction.com irifo@Nslierauctioti.con • "EXHIBIT C" SCOPE OF SERVICES (Scope of Services to follow this cover Dago) ..... • • • • • • • • . • . • • ........ • • 15. . '• CONTRACTOR REQUIREMENTS Contractor shall conduct said public auction of property in accordance with the following requirements: • Sale will be open to the general public and there will be no fee to participate as a potential buyer. • Auctions shall be advertised in a newspaper of general circulation in each Agencies local area at least once a minimum of ten (10) days prior to the auction date. Size and frequency to be determined prior to placement of ads.' Cost for this advertising is assumed by the Contractor. • The Contractor will list the Agencies auction dates on the Contractor's brochures which Will be mailed to the Contractor's buyer's lists. The Contractor shall also advertise and promote the Agencies auctions by mailing flyers to the Agencies mailing list. In addition, the contractor shall be required to advertise the Agency's auction on the Contractor's internet website, a minimum of one (1) month prior to the auction date at the Contractor's expense. All bidders shall be required to register prior to the auction in order to receive a bidder's number. Bidders shall be allowed to sign up and view the items available a minimum of two (2) hours prior to the auction time. Terms of sale are cash, cashier's check, or approved business/personal check. Bidders shall utilize their driver's license for the required bidder information in order to receive a bidder card. o Note: A reasonable refundable registration fee may be utilized to deter bidders • fi•om walking aivaprorn their purchases: -Proposers shall:indicate.in'theii...'. proposal submission the anticipated refundable registration fee, if any. • Contractor shall provide all necessary labor to register bidders. • Sale of personal property may be made only to the highest responsible bidder. • Unless otherwise directed by the Agency, unsold vehicles and equipment will be rescheduled and attempted to be sold at the next available auction. • It is anticipated that the net proceeds due the Agency will be paid within ten (10) working days after the auction is completed, LABOR. EQUIPMENT. ANi7 SERVICES TO BE PROVIDED BY THE CONTRACTOR Contractor shall provide sufficient and complete staff of experienced, licensed auctioneers, registration and computer personnel to: • Enter bidder's data and auction sales as they occur ▪ Lot equipment • Secure sale items during auction and throughout checkout process Contractor shall utilize a computer system to: • Promptly and accurately record the activities of the auction • Software shall save each transaction as it is entered. It is preferred to have sale information update immediately so invoices may be generated in a timely manner • Sales information shall be transmitted to the data entry staff immediately to allow bidders to pay their invoices in a timely manner Contractor shall provide computer generated reports which shall include the following: • Entry of each lot with lot number, description and Agency Account/Division Code(s), or separate account identifying each participating Agency • Entry of each registered buyer with buyer number, name, address, telephone number and dealer/tax status ▪ Entry of each lot sold including, lot number, buyer number and price Produce and print:a bdyei•'iinvoice (Bill of Sale): including buyer's•nuiribei, name, • address, telephone number, lot numbers purchased with description and selling price. Tax due (if applicable) and invoice total • List of buyers registered • List of active buyers only ▪ Lots sold Lots sold by Agency category (i.e., surplus, -confiscated) • Lots sold by Agency • Summary by Agency category • Summary by Agency Overall summary, including sales tax by Agency • Lots sold by Buyer "Contractor shall keep a•computer copy of all of the entries of the sale on secure electronic • media for the'term of the contract, and five (5) years after termination of contract. Contractor shall provide / be responsible for: • Form for Registration of bidders with identification information • Bidder Cards • Bidders Contract form containing the terms and conditions of the sale with an assigned bidder number. o Note: All bidders shall sign this form. This form will be kept by the Agency. This form may be .combined with the bidder registration form and shall have the assigned bidder number referenced. • Public address system • Recording (video or audio) of the entire auction • Copies of the recording shall be turned over to the Agency at the end of the auction • Computers, printers, extension cords and any other required equipment shall be:provided by the contractor • Assigning a "Lot" number to items for sale and printing the bidder catalog. The City will provide a listing of equipment to be sold a minimum of ten (10) days prior to the auction date. Contractor shall be responsible for coordination of all auction activities including:. • Offer suggestions, on a timely basis, for maximizing sale value of items • Auctioneer or project manager shall attend at a minimum, one Auction meeting quarterly with Agency Staff • Agency will provide Contractor an inventory list(s). The Agency reserves the right to add/delete items from the list up to the day of the auction • Amaster.list'shall.be•printed for'distribution as close to the auction day as possible ........ • Contractor shall tag al] items for sale the day before the auction • Contractor shall handle any disputes that arise during the auction and shall ask for the assistance of the Purchasing Project Manager if required for resolution The City will provide security for the cashiering activities. However, Contractor shall be responsible for providing sufficient staff for the protection of property received by the Contractor (during the auction and checkout process) as well as for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other natural disasters) or vandalism. 3 AGENCY REOUIREMENTS In the operation of this agreement, each Agency shall be responsible for the following: • Submit to Contractor a list of property. It is understood that minor changes in said list may be submitted to Contractor at any time prior to one (1) week in advance oldie auction • Maintain any records considered necessary by the Agency, other than those provided by the Contractor • Agency shall provide the Certificate(s) of Ownership and all other documents necessary . to effect transfer of title for motor vehicles, trailers, and vehicle equipment. At the opinion of Contractor; vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to do a transfer of title for motor vehicles, • trailers, and vehicle equipment are submitted at least five (5) days prior to sale 4 The Siando; rJ of Ex ellonoe Ill. METHODOLOGY AND OVERALL APPROACH TO SCOPE OF WORK Proposer shall explain the Scope of Work as understood by th.e prop.oser and detail the approach to preparing for and providing for a live onsite auction, in accordance With the Scope of Work, Additionally, proposer shall explain the Scope of Work as understood by the proposer and .:detail the approach to preparing"for and providing for an Internet auction. Introduction. The auction -marketing plan will be conducted in such a manner as to enhance the public's perception of the City of Miani as an, efficient liquidator of sU'rplus assets at market value, Fisher Auctio.n.Co., Inc. ("Fisher"). will endeavor to provide maximum exposure of the auction sale to auto / equipment .dealers, th.e•public, former clients of the City of Miami and fisher's database of clients from past sales for similar items and assets. The Project Manager will rnbnitor.each aspect of .the marketing. plan .daily, Onsite visit, electronic messaging, telephone calls an:d strict adherence to the critical path / timeline will be tools to ensure quality control of the marketing plan and overall Managem.ent of :the sales process.. Methodology / Rationale for. Proposed approach Fisher's eX•perience with similar ::e igagerhents will provide. the City. of Miami the necessary blueprint for planning and con.d.ueting sdec.essful auction sales while maintaining and estabiish'ing.good .customer. relati.o.ns. A major element of our proven sales program entails constant communication with our,sellers from planning and implementing the marketing plan to tracking and Monitoring the response. Our results are measured by increaser sale returns from previous years, positive comments from the public•and the many reference letters of satisfied repeat clients. Our marketing plans are tailored to each auction event featuring items of interest with pertinent information to educate and inform a prospective purchaser of the terms and. conditions of the sale. We work' very closely with our seller's representative (project administrator) to obtain all approvals prior to any decisions or any marketing materials being printed, eliminating .unplanned. surprises. and isolating concerns before they evolve into majbr problems. FISHER. . Aucno(d COMPANY The Standard of Exoellence • IUMW:4A P , C;Cirrl Proposed Sample Event Timeline Identifying Specific Tasks CITY OF MIAMI ET AL SAMPLE AUCTION "Proposed Work Plan" ,RespOnsible Entity . Target Date 1.. I Execution and .Receipt of Contract 1 CM Day 1 • , 2. I Timeline and Auction Update presented to cryi 'FA . Day 2 • -r . ' 3. Plann ing meeting with CM / site inspection .• FAC/CM Day 3 4. I Finalization of inventory list with.CIVI's•asset numbers CM Day 3 4 • , 5. I Key Personnel identification & Contact Sheet to CM PAC • Day 4 .6. I Supplemental direct mail data base of former bidders 'CM Day 10 7. I Send CM proposedrnarketing / advertising b.udget . PAC . . Day 11 • 8. Terms and Conditions of sale approved and. posted on web site CM Day 12 9. Newspapereds, auction' flyer / brochure cOpy and Layout to CM for PAC Day 15 review .and approval , . . , • 10. i Approved flyer / bro.chure copy/layer:it due ' • . . . • . CM ' Day 16 . 11. i Flyer,/ brochure to printer . i draft or.auction sale catalog layout•sulornitted.to CM 13. ' First Ad Breaks . • 16. 17. 18, 70. FAC Day 17 . _ ._ .. _ FAC. Day 18 . .„, FAC Day.20 Auction flyer] brochure delivery • . PAC • Day 21 ...._ .. Auctipnflyer/ broch ure malling7to potential buyersjp co.mmence PAC Day 22 . ....., - • INe.ekly mediaitracking reports to CM (thro.ugh completion ofpre PAC Day 23 Aucticin AdvertiSing./ MOIteting•Carapaign) . . .., FAC auction 'day staffing persOnnel subrilitted tO CM Mc Day 30 Arranging, set-up and lotting7.of items at auctipn site PAC/CTVI 7 Day 35 . . .. . 'Arictiori•elay'catal.tig'aPproved•and printed .' .• • ' . ' .'.• .. ' .. ' . '. '. '.'. •.•. • .'.PAC .-.•" • • '• 'Day 38 ......... Portable rest rooms.delivery coordinated, confirm refreshment Day 39 FA.C/CM stand„ vendor and police security .21, Bidder Cards./ Lot Tags,delivered to:CM . • FAC 'Day 39 . • '22, Bills of Sales ./7tifles.prepared f'or transfern:ce •• . , .:, CM 1 Day•40 23. i Public Inspection ' . PAc/:CM 1 Day 42 24..'Auction' Event FAC Day 42 , 25. Audio tppe ofAuction event clue. tram. A( • FDay 42 . 26. Post -sale. check out and final collections reCeived_ • FAC Day 43 . , • 27. Auction Sales Report clue from ' PAC 1 Day 44. 28. I Final sales report submitted from (5 business days after event) FAC Day 48 CM, - City of Miami FAC - Fisher Auction ,Co., Inc. AUCTION COMPANY The Standard ofE—cel/ence Project Management Plan The Fisher project management plan will provide comprehensive market exposure through a carefully directed print and electronic media campaign, telemarketing campaign and a controlled auction day sale and post -sale settlement / delivery system. Fisher will implement all applicable and appropriate City of Miami policies relating to the disposition of surplus assets. The plan represents three primary sections: Planning, Implementation and Settlement. Pl annin a: Upon award and assignment of a specific sale, Fisher will assign responsibilities to .each member of the contract team based upon their previous experience. A preliminary timeline will b.e developed and submitted to the City of Miami. Project Administrator. A pre -event planning meeting will be scheduled with Fisher and the City of Mierni end any participating Southeast Florida Cooperative Purchasing Group. members to discuss sales objectives; timeline., fermsiand conditions, values and methodology procedures to be utilized. • A site inspettion will be performed for a general outlay of the aucti.an day processes and• photography of featured items will be taken for possible use in the advance notice direct mad postcard. Day of sale staffing needs /functions will be addressed atthe.pre-event pla.n.ning.rneeting and c0.nfirrn'ed at the site inspection, After finalization of the assets to be auctioned is received (e-mail is preferred method), a postcard, will :be, designed , with varying sizes of .print .and. .ele;etronicnewspaper. a.ds, and submitted to the City of Miami for approval, along with a proposed marketing •budget Tor . seleced industry trade journals, if needed, newspapers proposed and frequency of insertions, The direct mail database of Fisher and. the City of Miami will be•used to disseminate the City of Mr,iam'i's-and Fisher's approved postcard. All approved, advertising materials will direct inquiries to our 800 number and web site address for further informdtion. The postcard will emphasize the day, .date and time of the auction, tv✓o hour inspection period, directions, terms of payment / settlement, items being sold "as is" at public auction and a predetermined rain date, if necessary, with a partial list of items to be sold and the City .of Miami's name and logo pr.orninently placed. Fisher's project manager will 'identify and verify with the City of Miami's Project Administrator all items, which have need of a title so any titles not in the City of Miami's p.ossession can be requested and obtained. Fis}ie'�'s project manager will carefully adhere to the approved Timeline and notify, the City of TVliami's'Project Administrator of.an.y delays and reason for a delay, if needed. rier FISHER AUCTION COMPANY The Standard e ,n a, irnplernerltatian Fisher will place all approved advertising and distribute copies to the City of Miami Project Administrator zs they become available. The final approved marketing budget .will detail the dates each ad will appear and the corresponding size of the ad in the respective papers, journals etc, All approve.d surplus items will be organized, arranged, lotted an.d tagged with an auction lot ..number (corres.pondi.ng to the City of Miami's ass.et number), brief description e.g. year, make, V.I.N. etc:. Each lot will be entered into our computer for printing auction day catalogs for eligible registered bidders posting the required $100.00 refundable bid deposit and tracking •of each item as it is sold, for how much and to which bidder. Fisher will arrange for a refreshment .stand vendor to .be present during inspection and a.uction day, ifrequested by the City .of fUliami Project Administrator. Fisher will assist with theinspectio.n, registration, bid recording, conduct of the auction including auctioneers and bid assistants, invoicing, computer data reporin,g and supervision for remov.al.by successful bidders. Fisher will provide th.e City -.of Miami Project Administrator --with a computerized rfina'I. tabulation on auction day, list of registered bidders and deposits received and remaining amounts owing. Fisher w•il.l provide a notary / sales clerk as pat of our staff on auction day to assist the City of Miami with bills. of stales avid title transference. NJ:deaIe.rs ;rust provide proof of sales ta>; exemption or the appropriate sales tax will be colletted.:and submitted. accordingly. Anaudio tape of the opening remarks, reading of the 'terms an.d conditions and the actual auction will be provided as part of our final reporting requirem`er ts.d!fe after the auction sale. Fisher will ensure go.od customer relations and, handle all customer service issues subject to. approval ofthe City or Miemi.Project Administrator on. items ro:r,w.hich. City of Miami, a.uthorJty. is needed. Fisher Auction Co., Inc. has a ."state of the art" cornputer auction,software program. We use CUS 134)1 Auction Software because of .its unique ability to provide repo! is •detailing 'each lot offered and sold, for what price,, and to which bidder it was, !sold. Customer information includes name, address; telephone number and driver's:'license n:umbe.r, and tax resale number if applicable: We us''e this software to identify individual consignors (i,e.: each department participating cooperative agency is assigned their own consignor number so we may track what was sold and for how much by consignor). Information is able to import / export to spreadsheet format. Buyer Invoices in triple format are immediately available for cashiering / collections. Final Reports include; Consignor Report, Lot Number Report, Invoice Number Report, Buyer's • Name Report, Tax Breakdown Report: All reports will be arc:h ved;forfive;,years:..:/:i_. •:•T We•-currently''use-fdr-'City'-/Municipal Auctions IBM Thnkpad•Ia.ptop computers (networked) with an Epson dot matrix printer. We use a Battery Back-up and have a generator for awkward • exterior auction set• -ups where connectivity to power is difficult. ASHER AUCTION COMPANY 'The Standard of Excellence Settlement Fisher will provide day of sale the necessary receipts for bidders on items purchased to ensure full collection before removal. Additionally, Fisher will assist on day of sale the City of Miami and successful bidders with the removal process and report any problems or issues directly to the City of Miami Project Administrator e.g. items Ie'ft by a successful bidder, discrepancy, items missing, etc, Within the 5 business day period following the auction, Fisher will prepare a final 'report with copies of ads / flyers / postcard for the approved advertising, list of all registered bidders by name, address, telephone number, business, resale tax number, if applicable; full computer print-out of each item sold for each consignor (cross referenced by City of Miami asset number and any. participating cooperative agency). In each phase of the pre -sale, auction day and post -sale period, Fisher will constantly keep the City of Miami Project Administrator abreast of all steps taken, issues to be. addressed etc. Fisher Dav'of Auction Core Staff. Lamar P. Fisher;Sr. Francis Santos Midge Navarro (.Notary) Barbara Fisher, if requested Samples of Docuinents Used. at Auctions Lead Auctioneer / Project Director Bid .Assistant [Project Manager • Data Entry Clerk / Bidder Registration . Certified Personal Pro.perty Appraiser Please find attached immediately following this page a random sample of do.ouments to be used .du.r:ing.auctions ln.Cluding but •not limited . to: .bidder's.registrati.on and bdder.s card, sample auction day. sale catalog for, registered bidders, sample bid •recordin:g sh.e.et, sample computer printout -for buyer(.),, sample corinputer finalization print-out for s.eFler. FISHER AUCTION COMPANY "Exu-if BIT D" COMPENSATION (Compensation to follow this cover paffe) 16 _ . . RHP 270254 PRICE/COMPENSATION PROPOSAL AUCTION SERVICES INSTRUCTIONS: Proposer shall use this document to submit its' price/compensation proposal for Group 1, Group 2 DR BOTH. Proposer shall, as its sole compensation for services provided, receive comrnission based on a fired percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium, Proppsers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. Failure to submit price%mnpensation.proposal as rerquired•ruzrl at z'irne of proposal submittal shall. disqualif, Proposer from consideration. GROUP 12 ON -SITE AUCTION SERVICES Line: 1.1 Description: Commission Charge foe Gross Sales: OR Line; 1.2 Description: Buyer's Pre,'rnium for Gross Sales•: 7 GRO.r.� �: INTERNETAU.CTCDNSERVICES Line:.2.1 Description: Cornoi aio '^ arge for Gross Sales: OR • Line: 2.2 Description: Buyer's Premium for Gross Sales: 7 Lamar F. Fisher Print Name President / CEO Title. Si6neture✓� Date .................... • 'an:$aS":ur:r.'-4 ;;:sr;.vilr:'9;(:tx;.,.. 5'�z:;a'1y'Y`•'.i:'S'.:i+:'�'';aW'::°'�.:°-^' :;L:.,. "ERiBIT E" INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contingent and Contractual Liability Primary Insurance Clause 11. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Any Auto ... ............... Including Hired, Borrowed or Non -Owned Autos Any One Accident $ 1,000,000 Endorsements Required City of Miami included as an Additional Insured III: Worker's Compensation Limits of Liability Statutory -State of Florida Waiver 'of Subrogation n ployer's Liability 7i A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident • $100,000 for bodily injury caused by disease, each, employee $500,000 for bodily injury caused by disease, policy limit 17' IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date $ 300,000 S 300,000 V. Personal Property of Others (if applicable) TEA The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or certificates of insurance are subject to review and verification by Risk Management prior to insurance approval; • Note: "RFP 270254 — Auction Services" must appear on each Certificate of insurance. 18 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND FISHER AUCTION CO., INC. This Professional Services Agreement ("Agreement") made and entered into as of day of , 20 , ("E.``ective Date") by and between the City of Miami, a municipal corporation of the State • Florida (hereinafter referred to as the `City"), and , (hereinafter r erred to as the "Provider"). RECI .. ALS WHEREAS, the City issued a Requ t for Proposals ("RFP") No. 270254 on May 4, 2011,.which is attached hereto as Exhi :'t "A" and incorporated herein by reference for the provision of Auction Services ("Ser ices") and Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" an• incorporated herein by reference, has been selected as the .most qualified .and. advantageou:..proposal for .the provision of the..Servi.ces.. The .RFP. and.the.... Proposal are sometimes referr-d to herein, collectively, as the Solicitation Documents. WHEREAS, the Commission of the City of Miami, by Resolution No. , adopted on - appr ed the selection of Provider and authorized the City Manager to negotiate and exec -Lc a contract in the form of a Professional Services Agreement ("Agreement"), er the terms and conditions set forth herein. NOW, 1-IEREFOR.E, in consideration of the mutual covenants and agreements herein contained, tl parties hereto agree as follows: 1 TERMS ] • RECITALS: The recitals are true and con-ect and are hereby incorporated into and made a part of this Agreement. ?. TERM: Unless terminated per §15 herein, the term of this Agreement shall be for three (3, ears beginning on the Effective Date hereof. The Effective Date for purposes of this Agreement OPTION TO EXTEND: The City shall have the option to extend this Agreem additional one (1) year periods. r three (3) A. The City, acting through its City Manager or Purchasing D'rector , reserves the right to automatically extend this contract for up to o hundred twenty (120) calendar days beyond the stated contract terra in order tio provide City departments with continual service and supplies while a new/on-tract is being solicited, evaluated, and/or awarded. if the right is exerci .6d, the City shall notify the Bidder/Proposer, in writing, of its intent to exte the contract at the same price, terms and conditions for a specific number of .. ys. Additional extensions over the first one hundred twenty (120) day extension may occur; if, the City and the Successful Bidder/Proposer are in mutual au eement of such extensions. 4, SCOPE OF SERVICES: A. • Provider agrees to provide the Services as specifically described in the Scope of Services, attached 'hereto 'as • Exhibit "C'; which by. this ' ference its incorporated into and made a part of this Agreement. B. Provider represents and wa ants to the City that Provider: (i) possesses all qualifications, licenses, iregistrations, approvals, an expertise required to perform the. Services described. in Exhibit "C"; (ii) is and shall be, at all ti cs during the term hereof, fully qualified and trained to perform the Services described in Exhibit `. and (iii) the Services will be performed in the manner described in Exhibit "C", and in any sub ttals approved by the City. :.5.., COMPENSATI t ?: ; Provider, as its sole compensation for ' the Sertri'ces provided, shall receive compensation. indicated in Exhibit "D" attached hereto; which by this reference' is incorporated into and made a part of this Ag -eement, 2 6. ABSOLUTE SALE: A11 inventory is to be.sold at "Absolute Auction" to the highest bidder(s) regardless of price -without restriction, reserve, or minimum price(s). 7. OWNERSHIP OF DOCUMENTS: Providers understands and agrees that ry information, document, report or any other material whatsoever which is given by the City to Prov' ter (which was not previously possessed by Provider or not otherwise in the public domain) is and sh 11 at al] times remain the property of the City. Provider agrees not to use any such information, doc vent, report or material which is the property of the City for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City in its sole di cretion. Notwithstanding the foregoing or anything else in this Agreement to 'the contrary, Providr shall retain all rights to any confidential or proprietary information; as such is defined by the laws •f the state of Florida, prepared by Provider during the course of this Services Agreement. 8, AUDIT AND .INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to five (5) years following the expiration date of this Agreement, audit, or cause to be dited, those books and records of Provider which are related to Providers performance under this areement. Provider agrees to maintain all such books and records at its principal place of business for period of five (5) years after the expiration of this Agreement. All audits shall be subject to, and mad- in accordance with, the provisions of Section 18-102 of the Codes of the City of Miami, as it may be a ended or supplemented from time to time. B. The City may, at reasonable Imes during the tenn hereof. inspect Provider's facilities and perform such tests, as the City deein reasonably necessary, to determine whether the goods or services required to be provided by Provi r under this Agreement confouii to the tenns hereof and/or the teens of the Solicitation Documents, if applicable. Provider shall make available to the City all • reasonable facilities- and assistant to facilitate the perfennanee 'of' tests'or uispectiont " by City' .a representatives. All test.and .inspections shall.,be subject to, .and made .in accordance •viith, the provisions of Section 18-10] of the Code ofthe City of Miami, Florida, as it may be amended or supplemented, from time to time. • 9. ' AWARD .OF AGREEMENT: .Provider „represents and warrants to the City that .it has not employed or retained 'any person or company employed by the City to solicit or secure this .Agreement and that if has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reaso ,able times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, and a• ees to allow access by the City and the public to the City's contracts subject to disclosure under appl' able law. Provider's failure or refusal to comply with the provisions of this section shall result inI e immediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anj th'ng else in this Agreement to the.contrary, subject to the provisions of Florida law, including, but limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary informati$n and trade secrets of Provider. 11. COMPLLA_NCE WITH FEDERAL. STATE AND LOCAL LAWS/ Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, r- ord keeping, etc. City and Provider agrees to comply in this Agreement and all Attachments thereto w th and observe all applicable federal, state and local laws, codes and ordinances as they may be amend from time to time. 12. INDEMNIFICATION: Provider shall indemnify, save and Bold harmless and defend the City, its officials, officers, agents, directors, and employees, from 11 .ilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, causedhe negligence, failure to exercise the applicable standard of care, negligent act or omission; reckle mess or intentional wrongful misconduct of Provider andpersons employed or utilized byProvider. 'fi the performance of this Agreement and will P indemnify;•hold harmless and •defend:the City, its o icials"-officei4-agents,-directors • and' employees' • i n against, any. civil actions, statutory .or .similar cla.fns,. inlul:ies.oTd'rf,ry1s..�aris � J..r: resulting tin • .. �r damages arising or resulting from the permitted work, or from failure to comply with any applicable code, statute .ordinance, rule or regulation P PPb. relating to this Agreement or performance W12ieI it, any breach of contract, any "statutory" or duty of care 4 breaches or violations-including.any'patent 'or- copyright;•infringement claims or any other civil actions arising from this Agreement even if it is 'alleged 'that the City, its officials, employees, au nts or representatives were negligent . In the event that any action or proceeding is brought agai t City by reason of any such claim or demand, Provider shall, upon written notice from City, resist ai defend such action or proceeding by counsel satisfactory to City. The Provider expressly understan s and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend tie City or its officers, employees, agents and instrumentalities as herein provided. r If The indemnification provided above. shall obligate, Provider to defend at its own expense to and through trial, administrative, appellate, supplemental or bankruptcy py ceedings, or to provide for such defense, at City's option; any and all claims of liability and all wits and actions of every name and description which may be brought against City whether perfon ed by Provider, or persons employed or utilized by Provider. This section (Indemnification) wi survive the cancellation, termination or expiration of the Agreement. This indemnification wil be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla, Statutes, as amended from time to time as appl' able. Provider shall require all Sub-Contraor agreements to include a provision that they will indemnify the City. The Provider agrees and recognize: that the City shall not be held liable or responsible for any claims which may result from any action s or omissions of the Provider in which the City participated either through review or concurrence o the Provider's actions. In reviewing, approving or rejecting any submissions by the Provider or other acts of the Provider, the City in no way assumes or shares any responsibility or liability of the Prov der or Sub-Contractoi,'undei this AgFeeme iti 13. _ -DEFAULT: • If P-roviderf Is to•comply with any material tenn or condition of this Agreement or fails to perform any of its material obligations hereunder, and if the failure to comply is in no way due to lack of performance by the City, then Provider shall be in default. If the Provider is placed on the deban:ed vendors list per § 287,133, Fla, Statutes it -is an act of Default. if Provider fails to cure the default within thirty (30) days written notice from City, then City, in addition to all remedies available c/ it by law, may immediately, upon written notice to Provider, tenninate this Agreement in accordanc with Section 15, TERMINATION RIGHTS, of this Agreement. In such event the Contractor shall be b]e for damages including the excess cost of procuring similar supplies or services: provided that if; (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's f inure to perform is without his or his subcontractor's control, fault or negligence, the termination wild be deemed to be a termination for the convenience of the City of Miami. 14. RESOLUTION OF .CONTRACT DISPUTES: Provider unders ands and agrees that all disputes between Provider and the City based upon an alleged violation oft e terns of this Agreement by. the City shall be submitted to the City Manager for his/her resolution, p for to Provider being entitled to seek judicial relief in connection therewith. Provider shall not be enti'led to seek judicial relief unless: roved Provider has first received the City Manager's written decision, a by the City Commission if the amount of compensation hereunder exceeds $25,000 or (ii) a p riod of sixty (60) days has expired, after• submitting to the City Manager a detailed statement of tl e'dispute, accompanied by all supporting documentation, ninety (90) days if City Manager's decisiis subject to City Commission approval; or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 15. TERM31 ATION RIGHTS: A. The City, acting by and through 'ts City Manager, shall have the right to terminate this Agreement, in its sole discretion, at any time, f9 convenience and for no cause, by giving written notice to Provider at least thirty (30) clays prior to cancellation .for convenience the Provider shill have n6 btlidr recourse ao-aiiist'the .for its Compensation•earned underrthe cont; he effective date of such termination. In the event of ,a ct prior -to the effective date of termination. City shall.have the right terminate this Agreement upon the occurrence of an event of default as provided in Paragraph 13. 16. INSURANC£i • :.Provider ,shall, -at all times during the term hereof, maintain such insurai ce coverage as shown in "Exhibit E". All .such insurance, including renewals, shall be subject Yo the approval of the City Risk Management Director for adequacy of protection and evidence of such overage shall be furnished to the City on Certificate of Insurance indicating such insurance to be } 7 force and effect and providing that a written notice of cancellation or material change shall be prow ded to the City Risk Management Administrator in adcordance with Policy revisions. Complet. d Certificates of Insurance shall be filed with the City prior to the performance of services hereund- , provided, however, that Provider shall at any time upon request file duplicate copies of the policies o such insurance with the City. If, in the judgment of the City Risk Management Administrator, pre ailing conditions warrant the provision by Provider of additional liability insurance coverage or cover City reserves the right to require the prevision by Provider of an ai amounts or kind previously required and shall afford written notice e which is different in kind, the it of coverage different from the f such change in requirements thirty (30) days prior to the date on which the requirements shall take e ect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (31 days following the City's written notice, this Contract may be considered terminated on the date that t otherwise take effect. 17. NONDISCR1NF13!'ATION: Provider represent and warrants to the City that Provider does not and will not engage in discriminatory practices and tl at there shall be no discrimination in connection with Provider and Contractor's, respectively, perfo nance under this Agreement on account of race, color, sex, religion, age, handicap, marital status o national origin. Provider further covenants that no e required change in policy coverage would otherwise qualified individual shall, solely by re on of his/her race, color, sex, religion, age, handicap, • ,• marital status. dr national origin, be excluded fro participation, ri1, be`denred se vices, or be`sublect"to"the discrimination under any -provision of this Acre went. 18.. .ASSIGNMENT: The Provider's sell ices are considered unique in nature. This Agreement shall not be assigned, sold, transferred or other wise"conveyed by Provider, ira whole or in part, without the prior 7 written consent of ,the ,City Commission, •which .may ,be withheld ..or conditioned, at the City's sole discretion. 19. NOTICES: All notices or other communications Agreement required under this shall be 1 citing g and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on tti day on which ersonally delivered; or, if by mail, on the fifth day after being posted or the d 7e of actual receipt, whichever is earlier. TO CITY Johnny Martinez, P.B. City Manager • City of Miami 444 S.W. 2°a Avenue, 101" Floor Miami, Florida 33130 with copies to: Julie Bru City Attorney City of Miami •.... 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 20. MISCELLANEOUS PROVISIONS: - A. This Agreement and its Attachment :shall be construed and enforced according to the laws of the State of Florida. Venue for any legal a ion shall be in Miami -Dade County, Florida in order TO PROVIDER Lamar P. Fisher President / CEO Fisher Auction Co., Inc. 351 S. Cypres Rd., Suite 210 Pompano Be ch, FL 33060-7159 to expedite the conclusion of any action the parties/voluntarily and knowingly agree to waive their right to trial by ,jury, their right to file permissive co u rterclaims, or to claim attorney's • fees in any civil or administrative action between them arising from' this agreement:` Title and :paragraph headings/ are for. convenient reference and are not ,a part of this: - Agreement. C. Nowaiver:or=breach of+any-provision of this Agreement shall constitute a w ver of any subsequent breach of the.same or any other provision hereof, and no waiver shall be effecti e unless made in writing. • D. Should any provision, paragraph, sentence, word or phrase contain • d in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or other) , se unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragrap sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with , Ich laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaii •ng terns and provisions of this b Agreement shall remain unmodified and in full force and effect or In tation of its use. E. • In the event of any conflict or inconsistency betw en this Agreement and its Exhibits the Agreement will control. In the event of any conflict or inco sistency between the RFP attached as Exhibit A and the Provider's Proposal attached as Exhibit B , or the Scope of Services attached as Exhibit C, or the Compensation Exhibit D then Exhibit A will con r•ol . 21, SUCCESSORS AND ASSIGNS: This Agrees -nt shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or a igns. 22. LNDEPENDENT CONTRACTOR: Pro 'ider has been procured and is being engaged to provide goods or services to the City as an indepei sent contractor, and not as an agent or employee of the City. Provider further understands that Florida Torkers' Compensation benefits available to employees of the City are not available to Provider and a-- ees to provide workers' compensation insurance for any employee or agent of Provider rendering ser\'i es to the City under this Agreement. 23. CONTINGENCY CLAUSE: S fficient funding for this Agreement is contingent on the availability of funds and continued audio] ization for program activities and is subject to amendment or • ..termination due to lack of funds, 'reduction of funds, failureto allocate'fii ds,+azi`d%orCate in law or =regulations:..The Cite=rnay terminate th..!Agreement-on-the=basis of this.contingency.clause pursuant to Section 15 (A), Termination for Convenience. 9 24. REAFFIRMATJON 'OF .,REPRESENTATIONS: ,'Provider hereby reaffirms all of the representations contained -in the Solicitation Documents, if applicable. ?d. ENTIRE AGREEMENT: This instrument and its Attachments constitute the sole . hd only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, : uties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. REFERENCE LIST AND ADVERTISING: City agrees that Provider may It that its Services are provided to the City in Provider's sales reference list. Provider may advertise t. other municipalities that the Services are provided to the City. This Section will not be applicable in e event the Provider is held in default by the City. 27. MISCELLANEOUS: Provider shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any 'ork, labor or services funded by the City including Titles I and Il of the ADA (regarding nondiscri ination on the basis of disability) and all applicable regulations, guidelines and standards. Addition ly, Provider shall take affirmative steps to ensure nondiscrimination in employment of disabled persoy s. IN WITNESS WIIEREOF, the parties hereto have caused Zis instrument to be executed by their respective officials• thereunto duly authorized, this the day and ear above written. "City" CITY OF MIAMI, a municipal corporation ATTEST: Priscilla A. Thoznpson,.City Clerk 10 By: ..ohnn.y,Martinez ify`IManager APPROVED AS TO LEGAL FORM AND • APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bru City Attorney A1IEST: Calvin Ellis, Director Department of Risk Manageme By: Print Name: Print Name: Title: Title: Corporate Secretary Authoriz&d Corporate Officer 'CORPORATE RESOLUTION WHEREAS. desires to enter into an agreement with the City of Miami for the purpose of performing the work described in the contract to which this resolution is attached; and WHEREAS, .the Board of Directors at•a duly held corporate meeting has consider/d the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTOfRS that the is hereby authorized and instructed to enter into a contract, in the naive and on. behalf of this corporation, with the City of Miami upon the terms contained in the propo : d contract to which • this resolution is attached and to execute the corresponding perforrnance ond. DATED this Corporate Secretary day of '12 , 20 Chairp rson of the Board of Directors (Corporate Seal) PROFESSIONAL SERVICES AGREEMENT BETWEEN `del ° %--_-1_- osyt it, THE CITY OF MIAMI 0/,, {,t 4�r)-e 6- c`i t 410- AND RENE' BATES AUCTIONEERS, INC. ;, (Jim ,( c_ c CA, e c . This Professional Services Agreement ("Agreement") is made and entered into as of day of , 20 , ("Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and , (hereinafter referred to as the "Provider"). RECITALS WHEREAS, the City issued a Request for Proposals ("RFP") No. 270254 on May 4, 2011, which is attached hereto as Exhibit "A" and incorporated herein by reference for the provision of Auction Services ("Services") and Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, has been selected as the most qualified and advantageous proposal for the provision of the Services. The RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents. WHEREAS, the Commission of the City of Miami, by Resolution No. , adopted on approved the selection of Provider and authorized the City Manager to negotiate and execute a contract in the form of a Professional Services Agreement ("Agreement"), under the teens and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1 7-77 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND RENE' BATES AUCTIONEERS, INC. This Professional Services Agreement ("Agreement") is made and entered into as of day of , 20 , ("Effective Date") by and between the City of Miami, a municipal corporation of the State of Florida (hereinafter referred to as the "City"), and , (hereinafter referred to as the "Provider"). RECITALS WHEREAS, the City issued a Request for Proposals ("RFP") No. 270254 on May 4, 2011, which is attached hereto as Exhibit "A" and incorporated herein by reference for the provision of Auction Services ("Services") and Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, has been selected as the most qualified and advantageous proposal for the provision of the Services. The RFP and the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents. WHEREAS, the Commission of the City of Miami, by Resolution No. , adopted on , approved the selection of Provider and authorized the City Manager to negotiate and execute a contract in the form of a Professional Services Agreement ("Agreement"), under the terms and conditions set forth herein. NOW, TIIEREFORE, in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1 TERMS 1. RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: Unless terminated per § 15 herein, the term of this Agreement shall be for three (3) years beginning on the Effective Date hereof. The Effective Date for purposes of this Agreement 3. OPTION TO EXTEND: The City shall have the option to extend this Agreement for three (3) additional one (1) year periods. A. The City, acting through its City Manager or Purchasing Director , reserves the right to automatically extend this contract for up to one hundred twenty (120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evaluated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. B. Notwithstanding the language in Section 18-86 (c) of the City Code, the aforementioned options to extend shall be exercisable at the option of the City Commission if it is in the best interest of the City. 4. SCOPE OF SERVICES: A. Provider agrees to provide the Services as specifically described in the Scope of Services, attached hereto as Exhibit "C", which by this reference is incorporated into and made a part of this Agreement. B. Provider represents and warrants to the City that Provider: (i) possesses all qualifications, licenses, registrations, approvals, and expertise required to perform the Services described in Exhibit "C"; (ii) is and shall be, at all times during the term hereof, fully qualified and trained to perform the Services described in Exhibit "C"; and (iii) the Services will be performed in the manner described in Exhibit "C", and in any submittals approved by the City. 2 5. COMPENSATION: Provider, as its sole compensation for the Services provided, shall receive compensation as indicated in Exhibit "D" attached hereto, which by this reference is incorporated into and made a part of this Agreement. 6. ABSOLUTE SALE: All inventory is to be sold at "Absolute Auction" to the highest bidder(s) regardless of price without restriction, reserve, or minimum price(s). 7. OWNERSHIP OF DOCUMENTS: Providers understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider (which was not previously possessed by Provider or not otherwise in the public domain) is and shall at all times remain the property of the City. Provider agrees not to use any such information, document, report or material which is the property of the City for any other purpose whatsoever without the written consent of the City Manager, which may be withheld or conditioned by the City in its sole discretion. Notwithstanding the foregoing or anything else in this Agreement to the contrary, Provider shall retain all rights to any confidential or proprietary information; as such is defined by the laws of the state of Florida, prepared by Provider during the course of this Services Agreement. 8. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a period of up to five (5) years following the expiration date of this Agreement, audit, or cause to be audited, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a period of five (5) years after the expiration of this Agreement. All audits shall be subject to, and made in accordance with, the provisions of Section 18-102 of the Codes of the City of Miami, as it may be amended or supplemented from time to time. B. The City may, at reasonable times during the term hereof, inspect Provider's facilities and perform such tests, as the City deems reasonably necessary, to deternune whether the goods or services required to be provided by Provider under this Agreement conform to the terms hereof and/or the terms of the Solicitation Documents, if applicable. Provider shall make available to the City all 3 reasonable facilities and assistance to facilitate the performance of tests or inspections by City representatives. All test and inspections shall be subject to, and made in accordance with, the provisions of Section 18-101 of the Code of the City of Miami, Florida, as it may be amended or supplemented, from time to time. 9. AWARD OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, percentage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement. 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, and agrees to allow access by the City and the public to the City's contracts subject to disclosure under applicable law. Provider's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anything else in this Agreement to the contrary, subject to the provisions of Florida law, including, but limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary information and trade secrets of Provider. 11. COMPLIANCE WITH FEDERAL, STATE AND LOCAL LAWS: Provider understands that agreements between private entities and local governments are subject to certain laws and regulations, including laws pertaining to public records, conflict of interest, record keeping, etc. City and Provider agrees to comply in this Agreement and all Attachments thereto with and observe all applicable federal, state and local laws, codes and ordinances as they may be amended from time to time. 12. INDEMNIFICATION: Provider shall indemnify, save and hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, caused by the negligence, failure to exercise the applicable standard of care, negligent act or omission, recklessness or intentional wrongful misconduct of Provider and persons employed or utilized by Provider in the performance of this Agreement and will 4 indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, or from failure to comply with any applicable code, statute, ordinance, rule or regulation relating to this Agreement or performance under it, any breach of contract, any "statutory" or duty of care breaches or violations including any patent or copyright, infringement claims or any other civil actions arising from this Agreement even if it is alleged that the City, its officials, employees, agents or representatives were negligent . In the event that any action or proceeding is brought against City by reason of any such claim or demand, Provider shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Provider to defend at its own expense to and through trial, administrative, appellate, supplemental or bankruptcy proceedings, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Provider, or persons employed or utilized by Provider. This section (Indemnification) will survive the cancellation, termination or expiration of the Agreement. This indemnification will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the limitations of §725.06 and/or §725.08, Fla. Statutes, as amended from time to time as applicable. Provider shall require all Sub -Contractor agreements to include a provision that they will indemnify the City. The Provider agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Provider in which the City participated either through review or concurrence of the Provider's actions. In reviewing, approving or rejecting any 5 submissions by the Provider or other acts of the Provider, the City in no way assumes or shares any responsibility or liability of the Provider or Sub -Contractor, under this Agreement. 13. DEFAULT: If Provider fails to comply with any material term or condition of this Agreement or fails to perform any of its material obligations hereunder, and if the failure to comply is in no way due to lack of performance by the City, then Provider shall be in default. If the Provider is placed on the debarred vendors list per § 287.133, Fla. Statutes it is an act of Default. If Provider fails to cure the default within thirty (30) days written notice from City, then City, in addition to all remedies available to it by law, may immediately, upon written notice to Provider, terminate this Agreement in accordance with Section 15, TERMINATION RIGHTS, of this Agreement. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. 14. RESOLUTION OF CON'IRACT DISPUTES: Provider understands and agrees that all disputes between Provider and the City based upon an alleged violation of the terms of this Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Provider being entitled to seek judicial relief in connection therewith. Provider shall not be entitled to seek judicial relief unless: (i) Provider has first received the City Manager's written decision, approved by the City Commission if the amount of compensation hereunder exceeds $25,000 or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, ninety (90) days if City Manager's decision is subject to City Commission approval; or (iii) the City has waived compliance with the procedure set forth in this section by written instruments, signed by the City Manager. 15. TERMINATION RIGHTS: A. The City, acting by and through its City Manager, shall have the right to terminate this Agreement, in its sole discretion, at any time, for convenience and for no cause, by giving written notice 6 to Provider at least thirty (30) days prior to the effective date of such termination. In the event of a cancellation for convenience the Provider shall have no other recourse against the City except to be paid for its Compensation earned under the contract prior to the effective date of termination. B. City shall have the right to terminate this Agreement upon the occurrence of an event of default as provided in Paragraph 13. 16. INSURANCE: Provider shall, at all times during the term hereof, maintain such insurance coverage as shown in "Exhibit E". All such insurance, including renewals, shall be subject to the approval of the City Risk Management Director for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificate of Insurance indicating such insurance to he in force and effect and providing that a written notice of cancellation or material change shall be provided to the City Risk Management Administrator in accordance with Policy revisions. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, provided, however, that Provider shall at any time upon request file duplicate copies of the policies of such insurance with the City. If, in the judgment of the City Risk Management Administrator, prevailing conditions warrant the provision by Provider of additional liability insurance coverage or coverage which is different in kind, the City reserves the right to require the provision by Provider of an amount of coverage different from the amounts or kind previously required and shall afford written notice of such change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) days following the City's written notice, this Contract may be considered terminated on the date that the required change in policy coverage would otherwise take effect. 17. NONDISCRIMINATION: Provider represents and warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider and Contractor's, respectively, performance under this Agreement on account of race, color, sex, religion, age, handicap, marital status or national origin. Provider further covenants that no 7 otherwise qualified individual shall, solely by reason of his/her race, color, sex, religion, age, handicap, marital status or national origin, be excluded from participation in, be denied services, or be subject to the discrimination under any provision of this Agreement. 18. ASSIGNMENT: The Provider's services are considered unique in nature. This Agreement shall not be assigned, sold, transferred or otherwise conveyed by Provider, in whole or in part, without the prior written consent of the City Commission, which may be withheld or conditioned, at the City's sole discretion. 19. NOTICES: All notices or other communications required under this Agreement shall be writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requested, addressed to the other party at the address indicated herein or to such other address as a party may designate by notice given as herein provided. Notice shall be deemed given on the day on which personally delivered; or, if by mail, on the fifth day after being posted or the date of actual receipt, whichever is earlier. TO CITY Johnny Martinez, P.E. City Manager City of Miami 444 S.W. 2nd Avenue, 10th Floor Miami, Florida 33130 with copies to: Julie Bru City Attorney City of Miami 444 S.W. 2nd Avenue, Suite 945 Miami, Florida 33130 TO PROVIDER Sheryl Bates President Rene' Bates Auctioneers, Inc. 4660 County Road 1006 McKinney, Texas 75071 20. MISCELLANEOUS PROVISIONS: A. This Agreement and its Attachments shall be construed and enforced according to the laws of the State of Florida. Venue for any legal action shall be in Miami -Dade County, Florida in order to expedite the conclusion of any action the parties voluntarily and knowingly agree to waive their right to 8 trial by jury, their right to file permissive counterclaims, or to claim attorney's fees in any civil or administrative action between them arising from this agreement. B. Title and paragraph headings are for convenient reference and are not a part of this Agreement. C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this Agreement be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenforceable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, word or phrase shall be deemed modified to the extent necessary in order to conform with such laws, or if not modifiable, then same shall be deemed severable, and in either event, the remaining terms and provisions of this Agreement shall remain unmodified and in full force and effect or limitation of its use. E. In the event of any conflict or inconsistency between this Agreement and its Exhibits the Agreement will control. In the event of any conflict or inconsistency between the RFP attached as Exhibit A and the Provider's Proposal attached as Exhibit B , or the Scope of Services attached as Exhibit C, or the Compensation Exhibit D then Exhibit A will control . 21. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22. INDEPENDENT CONTRACTOR: Provider has been procured and is being engaged to provide goods or services to the City as an independent contractor, and not as an agent or employee of the City. Provider further understands that Florida Workers' Compensation benefits available to employees of the City are not available to Provider and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services to the City under this Agreement. 23. CONTINGENCY CLAUSE: Sufficient funding for this Agreement is contingent on the availability of funds and continued authorization for program activities and is subject to amendment or 9 termination due to lack of funds, reduction of funds, failure to allocate funds, and/or change in law or regulations. The City may terminate the Agreement on the basis of this contingency clause pursuant to Section 15 (A), Termination for Convenience. 24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 25. ENTIRE AGREEMENT: This instrument and its Attachments constitute the sole and only agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Agreement are of no force or effect. 26. REFERENCE LIST AND ADVERTISING: City agrees that Provider may list that its Services are provided to the City in Provider's sales reference list. Provider may advertise to other municipalities that the Services are provided to the City. This Section will not be applicable in the event the Provider is held in default by the City. 27. MISCELLANEOUS: Provider shall affirmatively comply with all applicable provisions of the Americans with Disabilities Act ("ADA") in the course of providing any work, labor or services funded by the City including Titles I and II of the ADA (regarding nondiscrimination on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, Provider shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their respective officials thereunto duly authorized, this the day and year above written. "City" CITY OF MIAMI, a municipal corporation ATTEST: By: Priscilla A. Thompson, City Clerk Johnny Martinez, P.E. City Manager 10 APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bru City Attorney ATTEST: Calvin Ellis, Director Department of Risk Management "Provider" By: Print Name: Print Name: Title: Title: Corporate Secretary Authorized Corporate Officer 11 CORPORATE RESOLUTION WHEREAS, desires to enter into an agreement with the City of Miami for the purpose ofperfonning the work described in the contract to which this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has considered the matter in accordance with the By -Laws of the corporation; Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRECTORS that the is hereby authorized and instructed to enter into a contract, in the name and on behalf of this corporation, with the City of Miami upon the terms contained in the proposed contract to which this resolution is attached and to execute the corresponding performance bond. DATED this day of , 20 . Corporate Secretary 12 Chairperson of the Board of Directors (Corporate Seal) "EXHIBIT A" REQUEST FOR PROPOSALS (RFP) (RFP to follow this cover page) 13 "EXHIBIT B" PROPOSAL (Proposal to follow this cover page) 14 "EXHIBIT C" SCOPE OF SERVICES (Scope of Services to follow this cover page) 15 "EXHIBIT D" COMPENSATION (Compensation to follow this cover page) 16 "EXHIBIT E" INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 B. Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contingent and Contractual Liability Primary Insurance Clause II. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date $ 300,000 $ 300,000 III. Personal Property of Others (if applicable) TBA The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A-" as to management, and no less than "Class V" as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and /or 17 certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Note: "RFP 270254 — Auction Services" must appear on each Certificate of Insurance. 18 "EXHIBIT A" REQUEST FOR PROPOSALS (RFP) (RFP to follow this cover page) 13 City Request for Proposals (RFP) Purchasing Department Miami Riverside Center 444 SW 2htl Avenue, 6th Floor Miami, Florida 33130 Web Site Address: http://ci.miami.fl.us/procurement RFP Number: Title: Issue Date/Time: RFP Closing Date/Time: Pre -Bid Conference: Pre-Bid:Date/Time:.. Pre -Bid Location: Deadline for Request for Clarification: Buyer: Hard Copy Submittal Location: Buyer E-Mail Address: Buyer Facsimile: 270254 Request for Proposals for Auction Services 04-MAY-2011 06/02/2011 @ 11:00:00 Wednesday, May 18, 2011 at 5:00 PM Gonzalez, Yusbel City of Miami - City Clerk 3500 Pan American Drive Miami FL 33133 US YGonzalez@ci.miami.fl.us (305) 400-5104 Page 1 of 37 Certification Statement Please quote on this form, if applicable, net prices for the item(s) listed, Return signed original and 'retain a .copy for your files. Prices should include all costs, including transportation to destination, The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 180 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the .quoted prices. We (I) certify that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein, The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section 18-107 or Ordinance No, 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (I) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (I) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to sign this submission for the submitter. Please print the following and sign your name: ..................................................................... .................................................................... SUPPLIER NAME• ADDRESS PIIONE: FAX: EMAIL: BEEPER. SIGNED BY TITLE: DATE: ___ `FAILIJRE TO:COi12PLETE.'SIGN. AND RETURN THIS FORM SHALL DISOUALIFY THIS BID. Paaa2nf37 ,Certifications Legal Name of Firm:. Entity Type: Partnership, Sole Proprietorship, Corporation, etc. Year Established: Office Location: City of Miami, Miami -Dade County, or Other Business Tax Receipt / Occupational License Number: Business Tax Receipt / Occupational License Issuing Agency: Business Tax Receipt / Occupational License Expiration Date: Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No. 10032 (Section 18-105 of the City Code) pertaining to the implementation of a "First Source Hiring Agreement.'.: .(Yes or.No) ....... .................. ... ............ . Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how many new positions would you create to perform this work? Please list the title, rate of pay, summary of duties, number positions,.and,expected, length_or;duration of all new positions which.mightbe created as a result of this awardof a.Contract Will Subcontractor(s) be used? (Yes or No) Paso of 47 Please list and acknowledge all addendum/addenda received, List the addendum/addenda number and date of receipt (i.e.•Addendum No. 1, 7/1/07). If no addendum/addenda was/were issued, please inert N/A. . ' . . • . . ' . ' . • ' . ' . ' . ' . ' : : : : : : : : : : : : : : : '' '' : : :::::::: : : :::::::::::::::::: : • . : : . : : . : . : . : . : . : . . • . . - . . . ..• ' . • Page 4 of 37 Line: 1 Description: PROSPECTIVE PROPOSERS SHALL USE THE "PRICE/COMPENSATION PROPOSAL" DOCUMENTTO'SUBMIT ITS'PRICE'PROPOSAL. PROPOSER IS NOT REQUIRED TO ENTER A UNIT PRICE IN THIS LINE THE PRICE/COMPENSATION PROPOSAL DOCUMENT IS LOCATED IN THE "HEADER/NOTES AND ATTACHMENTS" SECTION OF THIS RFP, IN THE ORACLE SOURCING SYSTEM Category: 96209-00 Unit of Measure: Each Unit Price: $ Number of Units: 1 Total: $ •. ". •. •. •. ". ". ". . .'.'.'.' . .• ' . ' . . . " • • • ": • • Request for Proposals (RFP) 270254 Table of Contents Terms and Conditions 7 1. General Conditions 7 1.1. GENERAL TERMS AND CONDITIONS 7 2. Special Conditions 25 2.1. PURPOSE 25 2.2. DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION 25 2.3. SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE ... 25 2,4, PARTICIPATING SOUTHEAST FLORIDA COOPERATIVE GROUP MEMBER AGENCIES 25 2,5. TERM OF CONTRACT 25 2.6. CONDITIONS FOR RENEWAL 26 2.7. CONTRACT EXECUTION 26 2.8. FAILURE TO PERFORM 26 2.9. INSURANCE REQUIREMENTS 26 2.10, CONTRACT ADMINISTRATOR 27 2.11. USE OF PREMISES 28 2.12, DAMAGES TO PUBLIC/PRIVATE PROPERTY 28 2.13. TERMINATION 28 2.14. ADDITIONAL TERMS AND CONDITIONS 78 2.15. PRIMARY CLIENT (FIRST PRIORITY) 28 2.16. CHANGES/ALTERATIONS 29 2.17. PRICE/COMPENSATION PROPOSAL 29 2.18, EVALUATION/SELECTION PROCESS AND CONTRACT AWARD 29 2.19. ADDITIONAL SERVICES 30 2.20. RECORDS 30 • 2.21. TRUTH IN NEGOTIATION CERTIFICATE 30 3. Specifications 31 3.1. SPECIFICATIONS/SCOPE OF WORK 31 4. Submission Requirements 34 • 4.1: • SUBMISSION.REQUIREMENTS • • •' 34 . ••. 5, Evaluation Criteria 37 5,1. EVALUATION CRITERIA 37 Page 6 of 37 Request for Proposals (RFP) 270254 Terms and Conditions 1. General Conditions 1,1. GENERAL TERMS AND CONDITIONS Intent: The General Terms and Conditions described herein apply to the acquisition of goods/equipment/services with an estimated aggregate cost of S25,000.00 or more. Definition: A formal solicitation is defined as issuance of an Invitation for Bids, Request for Proposals, Request for Qualifications, or Request for Letters of Interest pursuant to the City of Miami Procurement Code and/or Florida Law, as amended. Formal Solicitation and Solicitation shall be defined in the same manner herein. • 1.1. ACCEPTANCE OF GOODS OR EQUIPMENT - Any good (s) or equipment delivered under this formal solicitation, if applicable, shall remain the property of the seller until a physical inspection and actual usage of the good is made, and thereafter is accepted as satisfactory to the City. It must comply with the terms herein and be fully in accordance with specifications and of the highest quality. In the event the goods/equipment supplied to the City are found to be defective or does not conform to specifications, the City reserves the right to cancel the order•upon written notice to the Contractor and return the product to the Contractor at the Contractor's expense. 1.2. ACCEPTANCE OF OFFER - The signed or electronic submission of your solicitation response shall be considered an offer on the part of the bidder/proposer; such offer shall be deemed accepted upon issuance by the City of a purchase order. • 1.3. ACCEPTANCE/REJECTION — The' City reserves the right to accept or reject any or all responses or parts of after opening/closing date and request re -issuance on the goods/services described in the formal solicitation. In the event of such rejection, the Director of Purchasing shall notify all affected bidders/proposers and make available a written explanation for the rejection. The City also reserves the right to reject the response of any bidder/proposer who has previously failed to properly perform under the terms and conditions of a contract, to deliver on time contracts of a similar nature, and who is not in a position to perform the requirements defined in this formal solicitation. The City further reserves the right to waive any:irregularities or. minor.informalities:or technicalities in,any or.all•re.sponses. and ;rnay,•.at its. . discretion, re -issue this formal solicitation. • 1,4. ADDENDA — It is the bidder's/proposer's responsibility to ensure receipt of al] Addenda. Addenda are available at the City's website at: http://vnaw.ci.miami,fi,us/procurement 1.5. ALTERNATE RESPONSES MAX BE CONSIDERED - The City may consider one (1) alternate response from the same Bidder/Proposer for the same formal solicitation; provided, that the alternate response offers a different product that meets or exceeds the formal solicitation requirements. In order for the City to consider an alternate response, the Bidder/Proposer shall complete a separate Price Sheet form and shall mark "Alternate Response". Alternate response shall be placed in the same response. This provision only applies to formal solicitations for the procurement of goods, services, items, equipment, materials, and/or supplies. 1.6. ASSIGNMENT - Contractor agrees not to subcontract, assign, transfer, convey, sublet, or otherwise dispose of the resulting Contract, or any or all of its right, title or interest herein, without City of lvliami's prior written consent. • 1,7 ATTORNEI" S FEES : In connection with any litigationtnaediafion and arbitrattont:arising•otit of.thrss Contract; the prevailing party shall be entitled to recover its costs•and reasonable attorney's fees through and including appellate litigation and any post judgment proceedings.' ' 1.S.-AUDIT RIGHTS AND RECORDS RETENTION - The Successful Bidder/Proposer agrees to provide access' at all reasbnable times to the City, or to any of its duly authorized representatives, to any '• books, documents, papers, and records of Contractor which are directlyy pertinent to this formal solicitation, for the purpose of audit, examination, excerpts, and transcriptions. The Successful Bidder/Proposer shall maintain and retain any and all of the books, documents, papers and records pertinent to the Contract for • Paoa.7 of l7 Request for Proposals (RFP) 270254 three (3) years after the City makes final payment and all other pending matters are closed. Contractor's failure to or refusal•to complywith this condition shall result in the immediate cancellation of this contract by the City. 1.9. AVAILAI3IL1'1•Y OF CONTRACT STATE-WIDE - Any Governmental, not -for -profit or quasi -governmental entity in the State of Florida, may avail itself of this contract and purchase any and all goods/services, specified herein from the successful bidder(s)/proposer(s) at the contract price(s) established herein, when permissible by federal, state, and local laws, rules, and regulations. Each Governmental, not -for -profit or quasi -governmental entity which uses this formal solicitation and resulting bid contract or agreement will establish its own contract/agreement, place its own orders, issue its own purchase orders, be invoiced there from and make its own payments, determine shipping terms and issue its own exemption certificates as required by the successful bidders)/proposer(s). . 1.10. AWARD OF CONTRACT: A. The Formal Solicitation, Bidder's/Proposer's response, any addenda issued, and the purchase order shall constitute the entire contract, unless modified in accordance with any ensuing contract/agreement, amendment or addenda. B. The award of a contract where there are Tie Bids will be decided by the Director of Purchasing or designee in the instance that Tie Bids can't be determined by applying Florida Statute 287.087, Preference to Businesses with Drug -Free Workplace Programs. C. The award of this contract may be preconditioned on the subsequent submission of other documents as specified in the Special Conditions or Technical Specifications. Bidder/Proposer shall be in default of its contractual obligation if such documents are not submitted in a timely manner and in the form required by the City. Where Bidder/Proposer is in default of these contractual requirements, the City, through action taken by the Purchasing Department,•will void its acceptance of the Bidder's/Proposer's Response and may accept the Response from the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or re -solicit the City's requirements. The City, at its sole discretion, may seek monetary restitution from Bidder/Proposer and its bid/proposal bond or guaranty, if applicable, as a result of damages or increased costs sustained as a result of the Bidder'.s/Proposer's default. D. The term of the contract shall be specified in one of three documents which shall be issued to the successful Bidder/Proposer. These documents may either be a purchase order, notice of award and/or contract award sheet. E:. The.City reserves.the.rightto automatically extend,this contract for up to.one hundred twenty.(120) calendar days beyond the stated contract term in order to provide City departments with continual service and supplies while a new contract is being solicited, evacuated, and/or awarded. If the right is exercised, the City shall notify the Bidder/Proposer, in writing, of its intent to extend the contract at the same price, terms and conditions for a specific number of days. Additional extensions over the first one hundred twenty (120) day extension may occur, if, the City and the Successful Bidder/Proposer are in mutual agreement of such extensions. F. Where the contract involves a single shipmdrit of goods to the City, the contract term shall conclude upon completion of the expressed or implied warranty periods. G. The City reserves the right to award the contract on a split -order, lump sum or individual -item basis, or Such combination as shall best serve the interests of the City unless otherwise specified. H. A Contract/Agreement may be awarded to the Bidder/Proposer by the City Commission based upon the minimum qualification requirements reflected herein. As a result of a RFP, RFQ, or RFLI, the City reserves the right to execute or not execute, as applicable, an Agreement with the Proposer, whichever is determined to be in the City's best interests, Such agreement will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. -1.11. BID BOND/ BID SECURITY - A cashier's or certified check, or a Bid Bond signed.by a recognized surety company that is licensed to do business in the State of Florida, payable to the Cityof Miami, for the amount bid is required from all bidders/proposcrs,-if so indicated under the Special Conditions. This check • or bond.guarantees that a bidder/proposer will accept the order or contract/agreement, as bid/proposed, if it • • • is awarded to bidder/proposer. Bidder/Proposer shall forfeit bid deposit to the City should City award 'Page 8of37 Request for Proposals (RFP) 270254 contract/agreement to Bidder/Proposer and Bidder/Proposer fails to accept the award. The City reserves the right to reject any and all suretytendered'to the City. Bid deposits are returned to unsuccessful bidders/proposers within ten (10) days after the award and successful bidder's/proposer's acceptance of award. If sixty (60) days have passed after the date of the formal solicitation closing date, and no contract has been awarded, all bid deposits will be returned on demand. 1.12. RESPONSE FORM (HARDCOPY FORMAT) - All forms should be completed, signed and submitted accordingly. 1.13. BID SECURITY FORFEITED LIQUIDATED DAMAGES - Failure to execute an Agreement and/or file an acceptable Performance Bond, when required, as provided herein, shall be just cause for the annulment of the award and the forfeiture of the Bid Security to the City, which forfeiture shall be considered, not as a penalty, but in mitigation of damages sustained. Award may then be made to the next lowest responsive, responsible Bidder or Proposal most advantageous to the City or all responses may be rejected. 1.14. BRAND NAMES - if and wherever in the specifications brand names, makes, models, navies of any manufacturers, trade names, or bidder/proposer catalog numbers are specified, it is for the purpose of establishing the type, function, minimum standard of design, efficiency, grade or quality of goods only. When the City does not wish to nile out other competitors' brands or makes, the phrase "OR EQUAL" is added. When bidding/proposing an approved equal, Bidders/Proposers will submit, with their response, complete sets of necessary data (factory information sheets, specifications, brochures, etc.) in order for the City to evaluate and determine the equality of the item(s) bid/proposed. The City shall be the sole judge of equality and its decision shall be final. Unless otherwise specified, evidence in the form of samples may be requested if the proposed brand is other than specified by the City. Such samples are to be furnished after formal solicitation opening/closing only upon request of the City. If samples should be requested, such samples must be received by the City no later than seven (7) calendar days after a formal request is made. 1.15, CANCELLATION - The City reserves the right to cancel all formal solicitations before its opening/closing. In the event of bid/proposal cancellation, the Director of Purchasing shall notify all prospective bidders/proposers and make available a written explanation for the cancellation. 1.16. CAPITAL EXPENDITURES - Contractor understands that any capital expenditures that the firm makes, or prepares to make, in order to deliver/perform the goods/services required by the City, is a business risk which the contractor must assume. The City will not be obligated to reimburse amortized or .unamortized capital expenditures, or to maintain the approved status of any contractor. If contractor has been .unable.to recoup.its capital.expenditures during,the time: it is rendering such goods/services, it.shall not have any claim upon the City. 1.17. CITY NOT LIABLE FOR DELAYS - It is further expressly agreed that in no event shall the City be liable for, or responsible to, the Bidder/P'roposer/Consultant, any sub-contractor/sub-consultant, or to any other person for, or on account of, any stoppages or delay in the work herein provided for by injunction or other legal or equitable proceedings or on account of any delay for any cause over which the City has no control. 1.18. COLLUSION —Bidder/Proposer, by submitting a response, certifies that its response is made without previous understanding; agreement or connection either with any person, firm or corporation submitting a response for the same items/services or with the City of Miami's Purchasing Department or initiating department. The Bidder/Proposer certifies that its response is fair, without control, collusion, fraud orrother illegal action. Bidder/Proposer certifies that it is in compliance with the Conflict of Interest and Code of Ethics Laws. The City will investigate all potential situations where collusion may have occurred and the City reserves the right to reject any and all bids/responses where collusion may have occurred. t• 1•.19.•COMPLIANCE WITH FEDERAL, STATE AND LO;CAI LAWS; ,Contractor';understarids;:that;.: coritracts between private entities and local governments are subject td'certain lames and regulations including laws pertaining to public records, conflict of interest,.records keeping, etc. City and Contractor .'•'agree to comply with and observe all applicable laws, codes and ordinances as,that may in any way affect the goods or equipment offered, including but not limited to: A. Executive Order 11246, which prohibits discrimination against any employee, applicant, or client because of race,creed, color, national origin, sex, or age with regard to, but not limited to, the following: employment practices, rate of pay or other compensation methods, and training selection. P,,,,, Q ,;F Z7 Request for Proposals (RFP) 270254 B. Occupational, Safety and Health Act (OSHA), as applicable to this Formal Solicitation. C. The State of Florida Statutes, Section 287.133(3) (A) on Public Entity Crimes. D. Environment Protection Agency (EPA), as applicable to this Formal Solicitation. E. Uniform Commercial Code (Florida Statutes, Chapter 672), F. Americans with Disabilities Act of 1990, as amended. G. National Institute of Occupational Safety Hazards (NIOSH), as applicable to this Forma] Solicitation. H. National Forest Products Association (NFPA), as applicable t.o this Formal Solicitation, I. City Procurement Ordinance City Code Section 18, Article III. J. Conflict of Interest, City Code Section 2-611;61. K. Cone of Silence, City Code Section 18-74. L. The Florida Statutes Sections 218.73 and 218,74 on Prompt Payment. M. First Source Hiring Agreement, City Ordinance No. 10032, as applicable to this Formal Solicitation. Implemented to foster the creation of new and permanent jobs for City of Miami residents; requires as a condition precedent to the execution of service contracts including professional services. Lack of knowledge by the bidder/proposer will in no way be a cause for relief from responsibility. Non-compliance with all local, state, and federal directives, orders, and laws may be considered grounds for termination of contract(s). Copies of the City Ordinances may be obtained from the City Clerk's Office. 1.20. CONE OF SILENCE - Pursuant to Section 18-74 of the City of Miami Code, a "Cone of Silence" is imposed upon each RFP, RFQ, RFLI, or IFB after advertisement and terminates at the time the City Manager issues a written recommendation to the Miami City Commission. The Cone of Silence shall be applicable only to Contracts for the provision of goods and services and public works or improvements for amounts greater than $200,000. The Cone of Silence prohibits any communication regarding RFPs, RFQs, RFLI or IFBs (bids) between, among others: Potential vendors, service providers, bidders, lobbyists or consultants and the City's professional staff including,.but not limited.to, the.City Manager and•the.City Manager's staff; the.Mayor, City Commissioners, or their respective Staffs 'and any member'of the respective•selection/evaluation'cbriinittee. The provision does not apply to, among other communications: oral communications with the City purchasing staff, provided the communication is limited strictly to matters of process or procedure already contained in the formal solicitation document; the provisions of the Cone of Silence do not apply to oral communications at duly noticed site visits/inspections;pre-proposal or pre -bid conferences, oral presentations before selection/evaluation committees, contract negotiations during any duly noticed public meeting, or public presentations made to the Miami City Commission during a duly noticed public meeting; or communications in writing or by email at any time with any City employee, official or member of the City Commission unless specifically prohibited by the applicable RFP, RFQ, RFLI or IFB (bid) documents (See Section 2.2. of the Special Conditions): or communications in connection with the collection of industry comments or the performance of market research regarding a particular RFP, RFQ, RFLI OR IFB by City Purchasing staff. Proposers or bidders must file a copy of any written communications with the Office of the City Clerk, "•which shall be made•' available to any person upon request. The,Gity ;shall; respond inwriting, and file a.co with•the Office ofthe City -Clerk, which shall be made available to anyperson.:upon request ;CIVriiten ] communications may be in the form of e-mail, with a copy to the Office of the City Clerk. In addition to any other penalties provided bylaw, violation.of the Cone of Silence by any proposer or •• bidder shall render any award voidable. A violation by a particular Bidder, Proposer, Offeror, Respondent, lobbyist or consultantshall•subject same to potential penalties pursuant to the City Code. Any person • having personal knowledge of a violation pf these provisions shall report such violation to the State Attorney and/or may file a complaint with the Ethics Commission. Proposers or bidders should reference Section 18,74 of the City of Miami Code for further clarification. PROP 1nof R7 • Request for Proposals (RFP) 270251 This language is only a summary of the key provisions of the Cone of Silence. Please review City of Miami Code Section 18-79 for a complete and thorough description of the Cone of Silence. You may contact the City Clerk at 305-250-5360, to obtain a copy of same. 1.21. CONFIDENTIALITY - As a political subdivision, the City of Miami is subject to the Florida Sunshine Act and Public Records Law. If this Contract/Agreement contains a confidentiality provision, it shall have no application when disclosure is required by Florida law or upon court order. 1.22. CONFLICT OF INTEREST — Bidders/Proposers, by responding to this Formal Solicitation, certify that to the best of their knowledge or belief, no elected/appointed official or employee of the City of Miami is financially interested, directly or indirectly, in the purchase of goods/services specified in this Formal Solicitation. Any such interests on the part of the Bidder/Proposer or its employees must be disclosed in writing to the City. Further, you must disclose the name of any City employee who owns, directly or indirectly, an interest of five percent (5%) or more of the total assets of capital stock in your firm. A. Bidder/Proposer further agrees not to use or attempt to use any knowledge, property or resource . which may be within his/her/its trust, or perform his/her/its duties, to secure a special privilege, benefit, or exemption for himself/herself/itself, or others. Bidder/Proposer may not disclose or use information not available to members of the general public and gained by reason of his/her/its position, except for information relating exclusively to governmental practices, for his/her/its personal gain or benefit or for the personal gain or benefit of any other person or business entity. B. Bidder/Proposer hereby acknowledges that he/she/it has not contracted or transacted any business with the City or any person or agency acting for the City, and has not appeared in representation of any third party before any board, commission or agency of the City within the past two years. Bidder/Proposer further warrants that he/she/it is not related, specifically the spouse, son, daughter, 'parent, brother or sister, to: (i) any member of the commission; (ii) the mayor; (iii) any city employee; or (iv) any member of any board or agency of the City. C. A violation of this section may subject the Bidder/Proposer to immediate termination of any professional services agreement with the City, imposition of the maximum fine and/or any penalties allowed by law. Additionally, violations may be considered by and subject to action by the Miarni-Dade Cdunty Commission on Ethics. 1.23. COPYRIGHT OR PATENT RIGHTS — Bidders/Proposers warrant that there has been no violation of copyright or patent rights in manufacturing, producing, or selling the goods shipped or ordered and/or services provided as a result of this formal solicitation, and bidders/proposers agree to hold the City harmless from any and al] liability, loss, i or expense occasioned by any such violation. 1.24. COST INCURRED BY BIDDERIPROPOSER - A1] expenses involved with the prepa• ration and submission of Responses to the City, or any work performed in connection therewith shall be borne by the Bidder(s)/Proposer(s) . 1.25, DEBARMENT AND SUSPENSIONS (Sec 18-107) (a) Authority and requirement to debar and suspend. After reasonable notice to an actual or prospective Contractual Party, and after reasonable opportunity for such party to be heard, the City Manager,,after consultation with the Chief Procurement Officer and the city attorney, shall have the authority to debar a Contractual Party, for the causes listed below, from consideration for award of city Contracts. The debarment shall be for a period of not fewer than three years. The City Manager shall also have the authority to suspend a Contractual Party from consideration for award of city Contracts if there is probable cause for debarment, pending the debarment determination. The authority to debar and suspend contractors shall be exercised in accordance with regulations which shall be issued by the Chief Procurement Officer after approval by the City Manager, the city attorney, and the City Commission. (b) Causes for debarment or suspension. Causes for debarment or suspension include the following; . (1) • Conviction for commission of a criminal offense incident to obtaining or attempting to obtaina " public or private Contract or subcontract, or incident to the performance of such,Contract or „ subcontract. • (2)' ..".Conviction under state'or federal statutes of embezzlement, theft, forgery, bribeiy, falsification .,or 'destruction of records, receiving stolen property, or any other offense indicating a lack of business integrity or business honesty. Page 11 of 37 Request for Proposals (RFP) 270259 (3) Conviction under state or federal antitrust statutes arising out of the submission of Bids or Proposals. (4) Violation of Contract provisions, which is regarded by the Chief Procurement Officer to be indicative of nonresponsibility. Such violation may include failure without good cause to perform in accordance with the terms and conditions of a Contract or to perform within the time limits provided in a Contract, provided that failure to perform caused by acts beyond the control•of a party shall not be considered a basis for debarment or suspension. (5) Debarment or suspension of the Contractual Party by any federal, state or other governmental entity. (6) False certification pursuant to paragraph (c) below. • (7) • Found in violation of a zoning•ordinance or any other city ordinance or regulation and for which the violation remains noncompliant. (8) Found in violation of a zoning ordinance or any other city ordinance or regulation and for which a civil penalty or fine is due and owing to the city. (9) Any other cause judged by the City Manager to be so serious and compelling as to affect the responsibility of the Contractual Party performing city Contracts. (c) Certification. All Contracts for goods and services, sales, and leases by the city shall contain a certification that neither the Contractual Party nor any of its principal owners or personnel have been convicted of any of the violations set forth above or debarred or suspended as set forth in paragraph (b)(5). (d) Debarment and suspension decisions. Subject to the provisions of paragraph (a), the City Manager shall render a written decision stating the reasons for the debarment or suspension. A copy of the decision shall be provided promptly to the Contractual Party, along with a notice of said party s right to seek judicial relief. 1.26, DEBARRED/SUSPENDED VENDORS —An entity or affiliate who has been placed on the State of Florida debarred or suspended vendor list may not submit a response on a contract to provide goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit response on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and maynot transact business with any public entity. 1.27.DEFAULT/FAILURE TO PERFORM The City'shall.be'the'sink jiidge of'nbnperforina ice; which shall include any failure on the part of the successful Bidder/Proposer to accept the award, to furnish required documents, and/or to fulfill any portion of this contract within the time stipulated. Upon default by the successful Bidder/Proposer to meet any temis of this agreement, the City will notify the Bidder/Proposer of the default and will provide the contractor three (3) days (weekends and holidays excluded) to remedy the default. Failure on the contractor's part to correct the default within the required three (3) days shall result in the Contract being terminated and upon the City notifying in writing the contractor of its intentions and the effective date of the termination. The following shall constitute default: A. Failure to perform the work or deliver the goods/services required under the Contract and/or within the time required or failing to use the subcontractors, entities and personnel as identified and set forth, and to the degree specified in the Contract. B. Failure to begin the work under this Contract within the time specified. • t. G. Failure to -perform -the work with sufficient workers and equipment .or with sufficient.materials to . ensure timely completion. • • D. • Neglecting of refusing to remove materials or perform nevi+ work where prior work has been rejected as .nonconforming with the terms of the Contract. •• ' E. " Bedoining insolvent, being declared bankrupt, or committing any act of bankruptcy or insolvency, or • making an assignment for the benefit of creditors, if the insolvency, bankruptcy, or assignment renders the ...successful Bidder/Proposer incapable of performing the Nn+ark in accordance with and as required by the Contract, 1i..'...-1 7 Request for Proposals (RFP) 270254 F. Failure to comply with any of the terms of the Contract in any material respect. All costs and charges incurred by the City as a result of a default or a default incurred beyond the time limits stated, together with the cost of completing the work, shall be deducted from any monies due or which may become due on this Contract. 1.28, DETERMINATION OF RESPONSIVENESS - Each Response will be reviewed to determine if it is responsive to the submission requirements outlined in the Formal Solicitation. A "responsive" response is one which follows the requirements of the formal solicitation, includes all documentation, is submitted in the format outlined in the formal solicitation, is of timely submission, and has appropriate signatures as required on each document. Failure to comply with these requirements may deem a Response non -responsive. 1.29. DISCOUNTS OFFERED DURING TERM OF CONTRACT - Discount Prices offered in the response shall be fixed after the award by the Commission, unless otherwise specified in the Special Terms and Conditions. Price discounts off the original prices quoted in the response will be accepted from successful Bidder(s)/Proposer(s) during the term of the contract. Such discounts shall remain in effect for a minimum of 120 days from approval by the City Commission Any discounts offered by a manufacturer to Bidder/Proposer will be passed on to the City. 1.30. DISCREPANCIES, ERRORS, AND OMISSIONS - Any discrepancies, errors, or ambiguities in the Formal Solicitation or addenda (if any) should be reported in writing to the City's Purchasing Department. Should it be found necessary, a written addendum will be incorporated in the Formal Solicitation and will become part of the purchase agreement (contract documents). The City will not be responsible for any oral instructions, clarifications, or other communications. A. Order of Precedence — Any inconsistency in this formal solicitation shall be resolved by giving precedence to the following documents, the first of such list being the governing documents. 1) Addenda (as applicable) 2) Specifications 3) Special Conditions 4) General Terms and'Conditioris 1.31. EMERGENCY / DISASTER PERFORMANCE - In the event of a hurricane or other emergency or disaster situation, the successful vendor shall provide the City with the commodities/services defined within.the.scope of this formalsolicitation.at the price contained within .vendor's response. Further, successful vendor shall deliver/perform for the city on a priority basis during such times of emergency. . 1.32. ENTIRE BID CONTRACTOR AGREEMENT - The Bid Contract or Agreement consists of this City of Miami Formal Solicitation and specifically this General Conditions Section, Contractor's Response and any written agreement entered into by the City of Miami and Contractor in cases involving RFPs, RFQs, and RFLIs, and represents the entire understanding and agreement between the parties with respect to the subject matter hereof and supersedes all other negotiations, understanding and representations, if any, made by and between the parties. To the extent that the agreement conflicts with, modifies, alters or changes any of the terms and conditions contained in the Formal Solicitation and/or Response, the Formal Solicitation and then the Response shall control, This Contract may be modified only by a written agreement signed by the City of Miami and Contractor. 1.33. ESTIMATED QUANTITIES —Estimated quantities or estimated dollars are provided for your guidance only. No guarantee is expressed or implied'as to quantities that will be purchased during the contract period. The City is not obligated to place an order for any given amount subsequent to the award of this contract. Said estimates may be used by the City for purposes of determining the low bidder or most .. to acquire -additional quantities advantageous proposer meeting specifications. The City reserves the right _ • • ' ' at the prices bid/proposed or at lower prices in this Formal Solicitation: • • ' • . 1.34. EVALUATION OF RESPONSES • A.Rejection of Responses The City may reject a Response for any of the following reasons: 1) Bidder/Proposer fails to acknowledge receipt of addenda; • Page 13 of 37 Request for Proposals (RFP) 270254 2) Bidder/Proposer mistates •or•conceals any material fact in the Response ; 3) Response does not conform to the requirements of the Formal Solicitation; 4) Response requires a conditional award that conflicts with the method of award; • 5) Response does not include required samples, certificates, licenses as required; and, 6) Response was not executed by the Bidder's/Proposer(s) authorized agent. The foregoing is not an al] inclusive list of reasons for which a Response may be rejected. The City may reject and re -advertise for all or any part of the Forma] Solicitation whenever it is deemed in the best interest of the City. B. Elimination From Consideration 1) A contract shall not be awarded to any person or firm which is in arrears to the City upon any debt or contract, or which is a defaulter as 'surety or otherwise upon any obligation to the City. .2) . A contract may not be .awarded to any. person or.firm.which has failed to perform under the terms and conditions of any previous contract with the City or deliver on time contracts of a similar nature. 3) A contract may not be awarded to any person or firm which has been debarred by the City in accordance with the City's Debarment and Suspension Ordinance, C. Determination of Responsibility 1) Responses will only be considered from entities who are regularly engaged in the business of providing the goods/equipment/services required by the Formal Solicitation. Bidder/Proposer must be able to. demonstrate a satisfactory record of performance and integrity; and, have sufficient financial, material, equipment, facility, personnel resources, and expertise to meet all contractual requirements. The terms "equipment and organization" as used herein shall be construed to mean a fully equipped and well • established entity in line with the best industry practices in the industry as determined by the City. 2) The City may consider any evidence available regarding the financial, technical and other qualifications and abilities of a Bidder/Proposer, including past performance (experience) with the City or any other governmental entity in making the award. 3) The City may require the Bidder(s)/Proposer(s) to show proof that they have been designated as an authorized representative of a manufacturer or supplier which is the actual source of supply, if required by the Formal Solicitation. 1.35. EXCEPTIONS TO GENERAL AND/OR SPECIAL CONDITIONS OR SPECIFICATIONS - Exceptions to the:specifications shall be. listed on the Response and shall referencethe, section. Any . ...... . exceptions to the General or Special Conditions shall be cause for the bid (IFB) to be considered non -responsive. It also may be cause for a RFP, RFQ, or RFLI to be considered non -responsive; and, if exceptions are taken to the terms and conditions of the resulting agreement it may lead to terminating negotiations. 1.36. F.O.B. DESTINATION - Unless otherwise specified in the Formal Solicitation, all prices quoted/proposed by the bidder/proposer must be F.O.B. DESTINATION, inside delivery, with all delivery costs and Charges included' in the bid/proposal price, unless otherwise specified in this Formal Solicitation. Failure to do so may be cause for rejection of bid/proposal. 1.37. FIRM PRICES - The bidder/proposer warrants that prices, terms, and conditions quoted in its response will be firm throughout the duration of the contract unless otherwise specified in the Formal Solicitation. Such prices will remain firm for the period of performance or resulting purchase orders or contracts, which are to be performed or supplied over a period of time. 1.38. FIRST -SOURCE HIRING AGREEMENT (Sec. 15-105) (a) . The Commission approves implementation.of the first -source hiring agreement policy and requires .-as-a condition .precedent to the execution of service contracts for facilities services, and/or receipt of. grants and loans, for projects'of a nature that create new jobs, the successful negotiation of first -source hiring •' agreements 'between theorganization or individual receiving said contract and the authorized•,representative unless such an agreement is.found infeasible by the city manager.and such finding approved by the City Commission at a public hearing. '(b) ' -"For the'putpose of this section, the following terms, phrases, words and their derivations shall have the following meanings: Page14of37 ,1.1141 Request for Proposals (RFP) 270259 Authorized representative means the Private Industry Council of Soutli'Florida/South Florida Employment and Training Consortium, or its successor as local recipient of federal and state training and employment funds. • Facilities means all publicly financed projects, including but without limitation, unified development projects, municipal public works, and municipal improvements to the extent they are financed through public money services or the use of publicly owned property. Grants and loans means, without limitation, urban development action grants (UDAG), economic development agency construction loans, loans from Miami Capital Development, Incorporated, and all federal and state grants administered by the city. Service contracts means contracts for the procurement of services by the city which include professional • services. Services includes, without limitation, public works improvements, facilities, professional services, commodities, supplies, materials and equipment. (c) The authorized representative shall negotiate each first -source hiring agreement. (d) The prirnar}' beneficiaries of the first -source hiring agreement shall be participants of the city training and employment programs, and other residents of the city. 1.39. FLORIDA MINIMUM WAGE - The Constitution of the State of Florida, Article X, Section 24, states that employers shall pay employee wages no less than the minimum wage for all hours worked in Florida. Accordingly, it is the contractor's and its' subcontractor(s) responsibility to understand and comply with this Florida constitutional minimum wage requirement and pay its employees the current established hourly minimum wage rate, which is subject to change or adjusted by the rate of inflation using the consumer price index for urban wage earners and clerical workers, CPI-W, or a successor index as calculated by the United States Department of Labor. Each adjusted minimum wage rate calculated shall be determined and published by the Agency Workforce Innovation on September 30th of each year and take effect on the following January lst At the time of responding, it is bidder/proposer and his/her subcontractor(s), if applicable, full responsibility to determine whether any of its employees may be impacted by this Florida Law at any given point in time during the term of the contract. If impacted, bidder/proposer must furnish employee narhe(s), job title(s), job description(s), and current pay rate(s). Failure to submit this information at the time of submitting a response constitute successful bidder's/proposer's acknowledgement and understanding that . •the•Florida.Minimum. Wage Law will not impact, its , prices : throughout tbe:terrn. of contract.and waiver of any contractual price increase request(s). The City reserves the right to request and successful bidder/proposer must provide for any and all information to make a wage and contractual price increase(s) determination. 1.40: GOVERNING LAW AND VENUE - The validity and effect of this Contract shall be governed by the laws of the State of Florida. The patties agree that any action, mediation or arbitration arising out of this Contract shall take place in Miami -Dade County, Florida. 1.41. HEADINGS AND TERMS - The headings to the various paragraphs of this Contract have been inserted for convenient reference only and shall not in any manner be construed as modifying, amending or affecting in any way the expressed terms and provisions hereof. 1.42. HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT (HIPPA) - Any person or entity that performs or assists the City of Miami with a function or activity involving the use or disclosure of "individually identifiable health information (IIHI) and/or Protected Health Information (PHI) shall comply with the Health Insurance Portability and Accountability Act (HIPAA) of 1996 and the City 'of•Miami Privacy Standards. HIPAA mandates for privacy, security, and electronic transfer standards; which include but are not limited to: Aa Use of information onlyfor performing services required by. the contract or as required by law; ' B. Use of appropriate safeguards to prevent non -permitted disclosures; C. Reporting to the City of Miami of any non -permitted use or disclosure; • D.'Assurances that any agents and subcontractors agree to the same restrictions and conditions that apply to the Bidder/Proposer and reasonable assurances that IIHI/PHI will be held confidential; Page 15 of 37 Request for Proposals (RFP) 270254 E. Making Protected Health Information (PHI) available to the customer; F. Making PHI available to the customer for review and amendment; and incorporating any amendments . requested by the customer; G. Making PHI available to the City of Miami for an accounting of disclosures; and H. Making internal practices, books and records related to PHI available to the City of Miami for compliance audits. PHI shall maintain its protected status regardless of the form and method of transmission (paper records, and/or electronic transfer of data). The Bidder/ Proposer must give its customers written notice of its privacy information practices including specifically, a description of the types of uses and disclosures that would be made with protected health information. 1 43. INDEMNIFICATION - Contractor shall indemnify , hold harmless and defend the City, its officials, officers, agents, directors, and employees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of Contractor and persons employed or utilized by Contractor in the performance of this Contract and will indemnify, hold harmless and defend the City, its officials, officers, agents, directors and employees against, any civil actions, statutory or similar claims, injuries or damages arising or resulting from the permitted work, even if it is alleged that the City, its officials and/or employees were negligent, unless such injuries or damages are ultimately proven to be the result of grossly negligent or willful acts or omissions on the part of the City, its officials and/or employees., These indemnifications shall survive the term of this Contract. In the event that any action or proceeding is brought against City by reason of any such claim or demand, Contractor shall, upon written notice from City, resist and defend such action or proceeding by counsel satisfactory to City. The Contractor expressly understands and agrees that any insurance protection required by this Contract or otherwise provided by Contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Contractor to defend at its own expense to and through appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at City's option, any and all claims of liability and all suits and actions of every name and description which may be brought against City whether performed by Contractor, or persons employed or utilized by Contractor. This indemnity will survive the cancellation or expiration of the Contract. This indemnity will be interpreted under the laws of the State of Florida, including without limitation and which conforms to the • limitations of §725.06 and/or §725.08, Fla.. Statues, as amended from time to time as applicable. Contractor shall require ali-Sub-Contractor agreenienfs to include •a'pi•ovision that they Will indemnify the . City. The Contractor agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Contractor in which the City participated either . through review or concurrence of the Contractor's actions. In reviewing, approving or rejecting any submissions by the Contractor or other acts of the Contractor, the City in no way assumes or shares any responsibility or liability of the Contractor or Sub -Contractor, under this Agreement. 1.44. INFORMATION AND DESCRIPTIVE LITERATURE —Bidders/Proposer must furnish all information requested in the spaces provided in the Formal Solicitation. Further; as may be specified elsewhere, each Bidder/Proposer must submit for evaluation, cuts, sketches, descriptive literature, technical specifications, and Material Safety Data Sheets (MSDS)as required, covering the products offered. Reference to literature submitted with a previous response or on file with the Buyer will not satisfy this provision.• • - 4.45:•INSPECTIONS -•The City may, at reasonable times during the term hereof;,inspect;Contractor; s , • facilities and perform such tests; as the City deems reasonablynecessary; to determineWhethef the goody ..'and/or services required to be provided by the Contractor under,:this Contract conform to -the terms and • conditions of the Formal Solicitation. Contractor shall make available to .the City all reasonable facilities • 'and assistance -to facilitate the performance of tests or inspections by City representatives. All tests and ' inspections shall be subject to, and made in accordance with, the•provisions of the City of Miami Ordinance No. ] 2271 (Section 18-79), as same may be amended or supplemented from time to time. • 1.46, INSPECTION OF RESPONSE - Responses received by the City pursuant to a Formal Solicitation Pava 1R of �7 Request for Proposals (RFP) 270254 will not be made available until such time 'as the City provides notice of a decision or intended decision or within 10 days after bid closing, whichever is earlier. Bid/Proposal results will be tabulated and may be furnished upon request via fax ore -mail to the Sr. Procurement Specialist issuing the Solicitation. Tabulations also are available on the City's \'Veb Site following recommendation for award. 1.47. INSURANCE - Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions entitled "Insurance Requirements". The City shall be listed as an "Additional Insured." Issuance of a Purchase Order is contingent upon the receipt of proper insurance documents, If the . insurance certificate is received within the specified time frame but not in the manner prescribed in this Solicitation the Contractor shall be verbally notified of such deficiency and shall have an additional five (5) calendar days to submit a corrected certificate to the City. If the Contractor fails to submit the required insurance documents in the manner prescribed in this Solicitation within fifteen (15) calendar clays after receipt Notice of Award, the contractor shall be in default of the contractual terms and conditions and shall not be awarded the contract. Under such circumstances, the Bidder/Proposer may be prohibited from submitting future responses to the City. Information regarding any insurance requirements shall be directed to the Risk Administrator, Department of Risk Management, at 444 SW 2nd Avenue, 9th Floor, Miami, Florida 33130, 305-416-1604. The Bidder/Proposer shall be responsible for assuring that the insurance certificates required in conjunction with this Section remain in effect for the duration of the contractual period; including any and al] option terms that may be granted to the Bidder/Proposer. 1.48. INVOICES - Invoices shall contain purchase order number and details of goods and/or services delivered (i.e. quantity, unit price, extended price, etc); and in compliance with Chapter 218 of the Florida Statutes (Prompt Payment Act) . 1.49, LOCAL PREFERENCE - City Code Section 18-85, states that the City Commission may offer to a responsible and responsive bidder/proposer, who.maintains a Local Office, the opportunity of accepting a bid at the lbw bid amount, if the original bid amount submitted by the local vendor is not more than ten percent (10%) in excess of the lowest other responsible and responsive bidder/proposer. 1.50. MANUFACTURER'S CERTIFICATION - The City reserves the right to request from bidders/proposers a separate Manufacturer's Certification of all statements made in the bid/proposal. Failure to provide such certification may result in the rejection of bid/proposal or termination of contract/agreement; for which the bidder/proposer must bear full liability,, .. . ................ 1.51. MODIFICATIONS OR CHANGES IN PURCHASE ORDERS AND CONTRACTS -. No contract or understanding to modify this Formal Solicitation and resultant purchase orders or contracts, if applicable, shall be binding upon the City unless made in writing by the Director of Purchasing of the City of Miami, Florida through the issuance of a change order, addendum, amendment, or supplement to the contract, purchase order or award sheet as appropriate. 1.52. NO PARTNERSHIP OR.JOINT VENTURE - Nothing contained in this Contract wi11 be deemed • or construed to create'a partnership or joint venture between the City of Miami and Contractor, or to create any other sirnilar relationship between the parties. 1.53, NONCONFORMANCE TO CONTRACT CONDITIONS - Items may be tested for compliance with specifications under the direction of the Florida Department of Agriculture and Consumer Services or by other appropriate testing Laboratories as determined by the City. The data derived from any test for compliance with specifications is public record and open to examination thereto in accordance with • Chapter 119, Florida Statutes. Items delivered not conforming to specifications may be rejected and returned.at Bidder's/Proposer's expense. These non conforming iterns not'delivered as per delivery .date in the response and/or Purchase Order may result in bidder/proposen:beidg'�found I'd default in'whicli event' . anyand all re -procurement costs may be charged against the defaulted contractor. Any violation'of these --_- stipulations may also result in the supplier's name being remo'ied from the City.of Miami's Supplier's°list, 1.54. NONDISCRIMINATION —Bidder/Proposer agrees that it shall not discriminate as to race, sex, color, age, religion,' national origin, marital status, or disability in connection with its performance under this forma] solicitation. Furthermore, Bidder/Proposer agrees that no otherwise qualified individual shall Page 17 of 37 Request for Proposals (RFP) 270254 solely by reason of hisiher..race,.sex, color, age, religion, national origin, marital status or disability be excluded from the participation in, be denied benefits of, or be subjected to, discrimination under any program or activity. In connection with the conduct of its business, including performance of services and employment of personnel, Bidder/Proposer shall not discriminate against any person on the basis dram, color, religion, disability, age, sex, marital status or national origin. All persons having appropriate qualifications shall be afforded equal opportunity for employment. 1.55, NON-EXCLUSIVE CONTRACT/ PIGGYBACK PROVISION - At such times as may serve its best interest, the City of Miami reserves the right to advertise for, receive, and award additional contracts for these herein goods and/or services, and to make use of other competitively bid (governmental) contracts, agreements, or other similar sources for the purchase of these goods and/or services as may be available. It.is hereby'agreed and understood that this formal solicitation does not constitute the exclusive rights of the successful bidder(s)/proposer(s) to receive all orders that may be generated by the City in conjunction with this Formal Solicitation. In addition, any and all commodities, equipment, and services required by the City in conjunction with construction projects are solicited under a distinctly different solicitation process and shall not be purchased under the terms, conditions and awards rendered under thissolicitation, unless such purchases are determined to be in the best interest of the City. 1.56. OCCUPATIONAL LICENSE - Any person, firm, corporation or joint venture, with a business location in the City of Miami and is submitting a Response under this Formal Solicitation shall meet the City's Occupational License Tax requirements in accordance with Chapter 31.1, Article I of the City of Miami Charter. Others with a location outside the City of Miami shall meet their local Occupational License Tax requirements. A copy of the license must be submitted with the response; however, the City may at its sole option and in its best interest allow the Bidder/Proposer to supply the license to the City during the evaluation period, but prior to award. 1.57. ONE PROPOSAL - Only one (1) Response from an individual, firm, partnership, corporation or joint venture will be considered in response to this Formal Solicitation. When submitting an alternate response, please refer to the herein condition for "Alternate Responses May Be Considered". 1.58. OWNERSHIP OF DOCUMENTS - It is understood by and between the parties that any documents, .records,.files, or.any other matter:whatsoever .which is.given by the City to.the successful Bidder/Proposer pursuant to•this'formal solicitation shall at all times remain the property of the City andsliall'not be used•by. the Bidder/Proposer for any other purposes whatsoever without the written consent of the City. 1.59. PARTIAL INVALIDITY - If any provision of this Contract or the application thereof to any person or circumstance shall to any extent be held invalid, then the remainder of this Contract or the application of such provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby, and each provision of this Contract shall be valid and enforced to the fullest extent permitted by law. 1.60. PERFORMANCE/PAYMENT BOND —A Contractor may be required to furnish a Performance/Payment Bond as part of the requirements of this Contract, in an amount equal to one hundred percent (100%) of the contract price. . 1.61. PREPARATION OF RESPONSES (HARDCOPY FORMAT) —Bidders/Proposers are expected to examine the specifications, required delivery, drawings, and all special and general conditions. All bid/proposed amounts, if required, shall be either typewritten or entered into the space provided with ink, Failure to do so will be at the Bidder's/Proposer's risk. A: lEach'Bidder/Proposer shall furnish the information required in,the Formal- ,Bidder/Proposer shall sign the Response and print in ink or type tlie'-iiame'of ilie Bidder/Proposei,'addres," Wand telephone'numb'er on the face page and on each continuation. sheet thereof on which he/she makes•an entry, as required. :::: •.: _.._. ,....__. B. 'If so required, the unit price for each unit offered shall be shown, and such price shall include packaging, handling and shipping, and F.O.B. Miami delivery inside City premises unless otherwise specified. Bidder/Proposer shall include in the response all taxes, insurance, social security, workmen's Page 18 of 37 Request for Proposals (RFP) 270259 compensation, and any other benefits normally paid by the Bidder/Proposer to its employees. If applicable, a unit price shall •be•emered in the "Unit Price" column for each item. Based upon estimated quantity, an extended price shall be entered in the "Extended Price' column for each item offered. In case of a discrepancy between the unit price and extended price, the unit price will be presumed correct. C. The Bidder/Proposer must state a definite time, if required, in calendar days for delivery of goods and/or services. D. The Bidder/Proposer should retain a copy of all response documents for future reference. E. All responses, as described, must be fully completed and typed or printed in ink and must be signed in ink with the firm's name and by an officer or employee having authority to bind the company or firm by his/her signature. Bids/Proposals having any erasure or corrections must be initialed in ink by person signing the response or the response may be rejected. F. Responses are to remain valid far at least 180 days. Upon award of a contract, the content of the Successful Bidder's/Proposer's response may be included as part of the contract, at the City's discretion. G. The City of Miami's Response Forms shall be used when Bidder/Proposer is submitting its response in hardcopy format. Use of any other forms will result in the rejection of the response. IF SUBMITTING HARDCOPY FORMAT, THE ORIGINAL AND THREE (3) COPIES OF THESE SETS OF FORMS, UNLESS OTHERWISE SPECIFIED, AND ANY REQUIRED ATTACHMENTS MUST BE RETURNED TO THE CITY OR YOUR RESPONSE MAY BE DEEMED NON -RESPONSIVE.. 1.62. PRICE ADJUSTMENTS - Any price decrease effectuated during the contract period either by reason of market change or on the part of the contractor to other customers shall•be passed on to the City of Miami. 1.63. PRODUCT SUBSTITUTES - In the event a particular awarded and approved manufacturer's product becomes unavailable during the term of the Contract, the Contractor awarded that item may , arrange with the City's authorized representative(s) to supply a substitute product at the awarded price or lower, provided that a sample is approved in advance of delivery and that the new product meets or exceeds all quality requirements. 1.64. CONFLICT OF INTEREST, AND UNETHICAL BUSINESS PRACTICE PROHIBITIONS - Contractor represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Contract and that it has not offered to pay, paid, or agreed to pay any•person any fee, commission, percentage, brokerage fee; or gift of any kind contingent upon or in connection with', the award of•this .............Contract,. 1.65. PROMPT PAYMENT -Bidders/Proposers may offer a cash discount for prompt payment; however, discounts shall not be considered in determining the lowest net cost for response evaluation purposes. Bidders/Proposers are required to provide their prompt payment terms in the space provided on the Formal Solicitation. If no prompt payment discount is being offered, the Bidder/Proposer must enter zero (0) for the percentage discount to indicate no discount. If the Bidder/Proposer fails to enter a percentage:it is understood and agreed that the terms shall be 2% 20 days, effective after receipt of invoice or final. acceptance by the City, whichever is later. When the City is entitled to a cash discount, the period of computation will commence on the date of delivery, or receipt of a correctly completed invoice, whichever is later, If an adjustment in payment is necessary due to damage, the cash discount period shall commence on the date final approval for payment is authorized, If a discount is part of the contract, but the invoice does not reflect the existence of a cash discount, the City is entitled to a cash discount with the period commencing on the date it is determined by the City that a cash discount applies. " Price discounts off the•originai prices quoted on the Price Sheet•'wi11'be accepted`froin successful'-w bidders/proposers during the term of the contract. 1.66: PROPERTY - Property owned by the City of Miami is the responsibility of the City of Miami: •Such property furnished to a'Contractor for repair, modification, study, etc., shall remain the property of the City of Miami. Damages to such property occurring while in the possession of the Contractor shall be the • responsibility of the Contractor. Damages occurring to such property while in route to the City of Miami shall be the responsibility of the Contractor. In the event that such property is destroyed or declared a total Request for Proposals (RFP) 270259 loss, the Contractor shall be responsible for replacement value of the property at the current market value, less depreciation of the property, if any. 1.67. PROVISIONS BINDING - Except as otherwise expressly provided in the resulting Contract, all covenants, conditions and provisions of the resulting Contract shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, legal representatives, successors and assigns. 1.68. PUBLIC ENTITY CRIMES - A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a response on a contract to provide any goods or services to a public entity, may not submit a response on a contract with a public entity for the construction or repair of a public building or public work, may not submit responses on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or Consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 1.69. PUBLIC RECORDS - Contractor understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City contracts, subject to the provisions of Chapter 119, Florida Statutes, and City of ]vliarni Code, Section 18, Article III, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable law. Contractor's failure or refusal to comply with the provision of this section shall result in the immediate cancellation of this Contract by the City. 1.70. QUALITY OF GOODS, MATERIALS, SUPPLIES, PRODUCTS, AND EQUIPMENT - All materials used in the manufacturing or construction of supplies, materials, or equipment covered by this solicitation shall be new, The items bid/proposed must be of the latest make or model, of the best quality, and of the highest grade of workmanship, unless as otherwise specified in this Solicitation. 1.71, QUALITY OF WORK/SERVICES - The work/services performed must be of the highest quality and workmanship. Materials furnished to complete the service shall be new and of the highest quality except as otherwise specified in this Solicitation. 1.72. REMEDIES PRIOR TO AWARD (Sec. 18-106) - If prior to Contract award it is determined that a formal solicitation or proposed award is in 'violation of law, then the solicitation or proposed award shall be cancelled by the City Commission, the City Manager or the Chief Procurement Officer, as may be applicable, or revised to comply with the law. •1:73:'RESOLUTIONOF CONTRACT DISPUTES: (Sec. 18-105) .... • (a) Authority to resolve Contract disputes. The City Manager, after obtaining the approval of the city attorney, shall have the authority to resolve controversies between the Contractual Party and the city which arise under, or byvirtue of, a Contract between them; provided that, in cases involving an amount greater than $25,000, the City Commission must approve the City Manager's decision. Such authority extends, without liinitation, to controversies based upon breach of Contract, mistake, misrepresentation or lack of complete performance, and shall be invoked by a Contractual Party by submission of a protest to the City Manager.. (b) Contract dispute decisions. If a dispute is not resolved by mutual consent, the City Manager shall promptly render a written report stating the reasons for the action taken by the City Commission or the City Manager which shall be final and conclusive. A copy of the decision shall be immediately provided to the protesting party, along with a notice of such party's right to seek judicial relief, provided that the protesting party shall not be entitled to such judicial relief without first having followed the procedure set forth in this section. 1.74, RESOLUTION OF PROTESTED SOLICITATIONS ADD .AWARDS (Sec. 18-194:;... ' • (a) Right to protest. The following procedures shall be used'fo'r'resoltition'of protestedsolicitatibnsand••`•• ....... • 'awards except•for•purchases of goods, supplies, equipment, and services, the estimated cost of which does ..not exceed $25,000. 'Protests thereonrshall be governed by the Administrative Policies and Procedures of Purchasing. 1.Protest of Solicitation. i. Anyprospective proposer who perceives itself aggrieved in connection with the solicitation of a Contract Page 20_of 37 Request for Proposals (RFP) 270254 may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the Request for Proposals,'Request for Qualifications or Request for Letters of Interest is published in a newspaper of general circulation..A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer; or ii• Any prospective bidder who intends to contest the Solicitation Specifications or a solicitation may. protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within three days after the solicitation is published in a newspaper of general circulation, A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. 2. Protest of Award. • • i. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer v✓ithin two days after receipt by the proposer of the notice of the City Manager's recommendation for award of Contract, which will be posted on the City of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section, The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. It shall be the responsibility of the Bidder/Proposer to check this section of the website daily after responses are submitted to receive the notice; or ii. Any actual Responsive and Responsible Bidder whose Bid is lower than that of the recommended bidder may protest to the Chief Procurement Officer. A written notice of intent to file a protest shall be filed with the Chief Procurement Officer within two days after receipt by the bidder of the notice of.the city's determination of non responsiveness or non responsibility. The receipt by bidder of such notice shall be confirmed by the city by facsimile or electronic mail or U.S. mail, return receipt requested. A notice of intent to file a protest is considered filed when received by the Chief Procurement Officer. iii. A written protest based on any of the foregoing must be submitted to the Chief Procurement Officer within five (5) days after the date the notice of protest was filed, A written protest is considered filed when received by the Chief Procurement Officer. The written protest may not challenge the relative weight of the evaluation criteria or the formula for assigning points in making an award determination. The written protest shall state with particularity the specific facts and law upon which the protest of the .solicitation or the award is based, and shall include.all.pertinent documents.and evidence. and shall be accompanied by the required Filing Fee as provided in subsection (f). This shall forrn'the'basis for review '. of the written protest and no facts, grounds, documentation or evidence not contained in the protester's submission to the Chief Procurement Officer at the time of filing the protest shall be permitted in •the consideration of the written protest. No time will be added to the above limits for service by mail. In• computing any period of time prescribed or allowed by this section, the day of the act, event or default from which the designated period of time begins to run shall not be included. The last day of the period so computed shall be included unless it is a Saturday, Sunday or legal holiday in which event the period shall run until the end of the next day which is neither a Saturday, Sunday or legal holiday. Intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of the time for filing. (b) Authority to resolve protests. The Chief Procurement Officer shall have the authority, subject to the approval of the City Manager and the city attorney, to settle and resolve any written protest. The Chief Procurement Officer shall obtain the requisite approvals and communicate said decision to the protesting party and shall submit said decision to the City Commission within30,days after,•he/she receives the:,.., . protest. Incases involving More than $25,000, the decision of.the,Chief.Procurerrient;Officer;shall be •submitted for approval or disapproval thereof to the City Commission after a favorable recommendation by •the ci ' y: atiorne and:theCity Manager... .. (c) Compliance with filing requirements. Failure of a party to timely file either the tice of'intent to file a protest or the written protest, together with the required Filing Fee as provided in subsection (f), With the Chief Procurement Officer within the time provided in subsection (a), above, shall constitute a forfeiture of such party's right to file a.protest pursuant to this section. The protesting party shall not be entitled to seek judicial relief without first having followed the procedure set forth in.this section PaQP 21 of n7 Request for Proposals (RFP) 270254 (d) Stay of Procurements during protests.'Upon receipt of a written protest filed pursuant to the requirements of this section, the city shall not proceed further with the solicitation or with the award of the Contract until -tile protest is resolved by•the.Chief•Procurement Officer or the City Commission as provided in subsection (b) above, unless the City Manager makes a written determination that the solicitation process or the Contract award must be continued without delay in order to avoid an immediate and serious danger to the public health, safety or welfare. (e) Costs. All costs accruing from a protest shall be assumed by the protestor. (f) Filing Fee. The written protest must be accompanied by a filing fee in the form of a money order or cashier's check payable to the city in an amount equal to one percent of the amount of the Bid or proposed Contract, or $5000.00, whichever is less, which filing fee shall guarantee the payment of all costs which may be adjudged against the protestor in any administrative or court proceeding. If a protest is upheld by the Chief Procurement Officer and/or the City Commission, as applicable, the filing fee shall be refunded to the protestor less any costs assessed under subsection (e) above. If the protest is denied, the filing fee shall be forfeited to the city in lieu of payment of costs for the administrative proceedings as prescribed by subsection (e) above. 1.75. SAMPLES - Samples of items, when required, must be submitted within the time specified at no expense to the City. If not destroyed by testing, bidder(s)/proposer(s) will be notified to remove samples, at their expense, within 30 days after notification. Failure to remove the samples Will result in the samples becoming the property of the City. 1.711. SELLING, TRANSFERRING OR ASSIGNING RESPONSIBILITIES - Contractor shall not sell, assign, transfer or subcontract at any time during the term of the Contract, or any part of its operations, or assign any portion of the performance required by this contract, except under and by virtue of written permission granted by the City through the proper officials, which may be withheld or conditioned, in the City's sole discretion. 1.77. SERVICE AND WARRANTY —When specified, the bidder/proposer shall define all warranty, service and replacements that will be provided. Bidders/Proposer must explain on the Response to what extent warranty and service facilities are available. A copy of the manufacturer's warranty, if applicable, should be submitted vdth your response. 1.78. SILENCE OF SPECIFICATIONS - The apparent silence of these specifications and any supplemental specification as to any detail or the omission from it of detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail and that only materials' of fiisi qualitj'`and coirect type, 1size and .desigri•are to •be used. All workmanship and services is . • • to be first quality. All interpretations of these specifications shall be made upon the basis of this statement, If your firm has a current contract with the State of Florida, Department of General Services, to supply the items on this solicitation, the bidder/proposer shall quote not more than the contract price; failure to comply with this request will result in disqualification of bid/proposal. 1.79. SUBMISSION AND RECEIPT OF RESPONSES - Responses shall be submitted electronically via • . the Oracle System or responses may be submitted in hardcopy format to the City Clerk, City Hall, 3500 Pan American Drive, Miami, Florida 33133-5504, at or before, the specified closing date and time as designated in the IFB, RFP, RFQ,:or RFLI. NO EXCEPTIONS. Bidders/Proposers are welcome to attend the solicitation closing; however, no award will be made at that time. A. Hardcopy responses shall be enclosed in a sealed envelope, box package. The face of the envelope, box or package must show the hour and date specified for receipt of responses, the solicitation number and title, and the name and return address of the Bidder/Proposer, Hardcopy responses not submitted on the • requisite-ResponseForms • may be• rejected. Hardcopy responses received at any. other-]ocatioritkan fhe specified shall be deemed non -responsive. .. Du'ections to City Hall. _, .- -.. � - ,;.. •. 'FROM THE NORTH: 1 95 SOUTH UNTIL IT TURNS INTO US11 US1 SOUTH TO 27TH AVE., TURN LEFT, PROCEED SOUTH TO S0. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 - BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING 1S ON RIGHT, Page 22 of 37 Request for Proposals (RFP) 270254 FROM THE SOUTH: USI NORTH TO 7TH AVENUE, TURN RIGHT, PROCEED SOUTH TO SO. BAYSHORE DR. (3RD TRAFFIC LIGHT), TURN LEFT, 1 BLOCK TURN RIGHT ON PAN AMERICAN DR. CITY HALL IS AT THE END OF PAN AMERICAN DR. PARKING IS ON RIGHT. B. Facsimile responses will not be considered. C. Failure to follow these procedures is cause for rejection of bid/proposal. D. The responsibility for obtaining and submitting a response on or before the close date is solely and strictly the responsibility of Bidder/Proposer. The City of Miami is not responsible for delays caused by the United States mail delivery or caused by any other occurrence. Responses received after the solicitation closing date and time will be returned unopened, and will not be considered for award. E. Late responses will be rejected. F. All responses are subject to the conditions specified herein. 'Those which do not comply with these conditions are subject to rejection. G. Modification of responses already submitted will be considered only if received at the City before the time and date set for dosing of solicitation responses. All modifications must be submitted via the Oracle System or in writing, Once a solicitation closes (closed date and/or time expires), the City will not consider any subsequent submission which alters the responses. H. If hardcopy responses are submitted at the same time for different solicitations, each response must be placed .in a separate envelope, box, or package and each envelope, box or package must contain the information previously stated in 1.82.A, 1.80, TAXES - The City of Miami is exempt from any taxes imposed by the State and/or Federal Government. Exemption certificates will be provided upon request. Notwithstanding, Bidders/Proposers should be aware of the fact that all materials and supplies which are purchased by the Bidder/Proposer for the completion of the contract is subject to the Florida State Sales Tax in accordance with Section 212.08, Florida Statutes, as amended and all amendments thereto and shall be paid solely by the Bidder/Proposer. 1.81. TERMINATION —The City Manager on behalf of the City of Miami reserves the right to terminate this contract by written notice to the contractor effective the date specified in the notice should any of the following apply: A. The contractor is determined by the City to be in breach of any of the terms and conditions of the contract. B. The City has determined that such termination will be in the best interest of the City to terminate the contract for its own convenience; C. Funds are not available to cover the cost of the goods and/or services. The City's obligation is contingent upon the availability of appropriate funds. . 1.82. TERMS OF PAYMENT - Payment will be made by the City after the goods and/or services awarded to a Bidder/Proposer have been received, inspected, and found to comply with award specifications, free of damage or defect, and properly invoiced. No advance payments of any kind will be made by the City of Miami. Payment shall be made after delivery, within 45 days. of receipt of an invoice and authorized inspection and acceptance of the goods/services and pursuant to Section 218.74, Florida Statutes and other applicable law. 1.83. TIMELY DELIVERY - Time will be of the essence for any orders placed as a result of this solicitation. The City reserves the right to cancel such orders,or.any part thereof, without pbiigation, if delivery is not made within the time(s) specified on their Response e-'Dehvenesiare to be+madedurit g - regular City business hours unless otherwise specified in the Special Conditions. • 1:84. TITLE -Title to ihe:goods'or egithaiierii shall riot pass to'tlie'Citynn$1"affect} e Citj%'has-accepted` °'' "'"' the goods/equipment or used the goods, whichever conies first. • • • `1.85.TRADE SECRETS EXECUTION TO PUBLIC RECORDS DISCLOSURE- All Responses submitted to the City are subject to public disclosure pursuant to Chapter 119, Florida Statutes. An Page 23 of 37 Request for Proposals (REP) 270254 exception may be made for "trade secrets." If the Response -contains information that constitutes a "trade secret", all material that qualifies for exemption from Chapter 119 must be submitted in a separate envelope, clearly identified as "TRADE SECRETS EXCEPTION," with your firm's name and the Solicitation number and title marked on the outside. Please be aware that the designation of an item as a trade secret by you may be challenged in court by any person. By your designation of material in your Response as a "trade secret" you agree to indemnify and hold harmless the City for any award to a plaintiff fordamages, costs or attorney's fees and for costs and attorney's fees incurred by the City by reason of any legal action challenging your claim, 1.86. UNAUTHORIZED WORK OR DELIVERY OF GOODS- Neither the qualified Bidder(s)/Proposer(s) nor any of his/her employees shall perform any work or deliver any goods unless a change order or purchase order is issued and received by the Contractor, The qualified Bidder(s)/Proposer(s) shall not be paid for any work performed or goods delivered outside the scope of the contract or any work performed by an employee not otherwise previously authorized. 1.87. USE OF NAME -The City is not engaged in research for advertising, sales promotion, or other publicity purposes. No advertising, sales promotion or other publicity materials containing information obtained from this Solicitation are to be mentioned, or imply the name of the City, without prior express written permission of the City Manager or the City Commission. 1.88. VARIATIONS OF SPECIFICATIONS - For purposes of solicitation evaluation, bidders/proposers must indicate any variances from the solicitation specifications and/or conditions, no matter how slight. If variations are not stated on their Response, it will be assumed that the product fully complies with the City's specifications. ........................ • Page 24 of 37 Request for Proposals (RFP) 270259 2. Special Conditions 2.1.'PURPOSE The purpose of this Solicitation is to establish a contract, for Auction Services, as specified herein, from a source(s) of supply that will give prompt and efficient service fully compliant with the terms, conditions and stipulations of the solicitation. 2.2, DEADLINE FOR RECEIPT OF REQUEST FOR ADDITIONAL INFORMATION/CLARIFICATION Any questions or clarifications concerning this solicitation shall be submitted by email or facsimile to the Purchasing Department, Attn: Yusbel Gonzalez; fax: (305) 400-5104 or email: ygonzalez@ci•miami.fl.us. The solicitation title and number shall be referenced on all correspondence. All questions must be received no later than Wednesday, May 18, 2011 at 5:00 PM. All responses to questions will be sent to all prospective bidders/proposers in the form on an addendum, NO QUESTIONS WILL BE RECEIVED VERBALLY OR AFTER SAID DEADLINE. 2.3. SOUTHEAST FLORIDA GOVERNMENTAL PURCHASING COOPERATIVE This Request for Proposals (RFP) represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) govemment entities have participated in Cooperative Purchasing in Southeast Florida, The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items, The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the RFP document. Please refer to the document titled "Southeast Florida Governmental Purchasing_ Cooperative" in the Header/Notes and Attachments section of this RFP. in the Oracle Sourcing system. Said document contains the cooperative's operational procedures. 2.4. PARTICIPATING SOUTHEAST FLORIDA COOPERATIVE GROUP MEMBER AGENCIES CITY OF MIAMI Contact Name: Kenneth Robertson Address: 444 S.W. 2 Avenue, 6th Floor, Miami, FL 33130 Telephone Number: 305-416-1910 Email Address: krobertson@miamigov.com • Average Annual Auction Proceeds: $500,000 CITY OF COCONUT CREEK Contact Name: Dave Santucci Address: 4800 W. Copans Rd., Coconut Creek, FL 33063 Telephone Number: 954-956-1584 Email Address: dsantucci@coconutcreek.net • • Average Annual Auction Proceeds: S3,000.00 TOWN OF DAME Contact Name: Herb Hyman Address: 6591 Orange Drive, Davie, FL 33314 Telephone -Number: 954-797-1016 . Email Address: herb_hyman@davie-fl.gov Average Annual Auction Proceeds: $85,000 2.5. TERM OF CONTRACT Pape 25 of 37 Request for Proposals (RFP) 270259 The proposer(s) qualified to provide the service(s) requested herein (the "Successful Proposer(s) ") shall be required to execute a contract ("Contract") with the City, which shall include, but not be limited to, the following terms: (1) The tem) of the Contract(s) shall be for three (3) years with an option to renew for three (3) additional one (1) year periods. (2) The City shall have the option to extend or terminate the Contract. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder/proposer. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. 2.6. CONDITIONS FOR RENEWAL Each renewal of this contract is subject to the following: (1) Continued satisfactory performance compliance with the specifications, terms and conditions established herein. (2) Availability of funds 2.7. CONTRACT EXECUTION The selected Proposer(s) evaluated and ranked in accordance with the requirements of this Solicitation, shall be awarded an opportunity to negotiate a contract ("Contract") with the City. The City reserves the right to execute or not execute, as applicable a Contract with the selected Proposer(s) that is determined to be most advantageous and in the City's best interest. Such Contract will be furnished by the City, will contain certain terms as are in the City's best interests, and will be subject to approval as to legal form by the City Attorney. 2.8. FAILURE TO PERFORM • Should it not be possible to reach the contractor of supervisor and/or should remedial action not be taken within 48 hours of any failure to perform according to specifications, the City reserves the right to declare Contractor in.default of.the. contract Or make appropriate reductions in the contract payment. 2.9. INSURANCE REQUIREMENTS INDEMNIFICATION Bidder shall pay on behalf of, indemnify and save City and its officials harmless, from and against any and all claims, liabilities, losses, and causes of action, which may arise out of bidder's performance under the provisions of the contract, including al] acts or omissions to act on the part of bidder, including any person performing under this Contract for or on bidder's behalf, provided that any such claims, liabilities, losses and causes of such action are not attributable to the negligence or misconduct of the City and, from and against any orders, judgments or decrees which may be entered and which may result from this Contract, unless attributable to the negligence or misconduct of the City, and from and against all costs, attorneys' fees, expenses and liabilities incurred in the defense of any such claim, or the investigation thereof. The bidder shall furnish to City of Miami, c/o Purchasing Department, 449 SW 2nd Avenue, 6th Floor, Miami, Florida 33130, Certificate(s) of Insurance which indicate that insurance coverage has been obtained which meets the requirements as outlined_ below: ; (1) Worker's Compensation A. Limits of Liability - Statutory - State of Florida . Employer's Liability A. Limits of Liability $100,000 for bodily injury caused by an accident, each accident , $100.000 for bodily injury caused by disease, each employee Page 26 of 37• Request for Proposals (RFP) 270254 $500.000 for bodily injury caused by disease, policy limit (2) Commercial General Liability: A. Limits of Liability Bodily Injury and Property Damage Liability - Each Occurrence: $1.000.000 General Aggregate Limit: $2.000.000 Personal and Advertising Injury: $1.000.000 Products and Completed Operations: $1.000.000 B. Endorsements Required: City of Miami included as an Additional insured. Employees included as insured. Contingent and Contractual Liability. Primary Insurance Clause. (3) BusinessAutomobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit. Any Auto, including hired, borrowed or non -owned autos used in connection with the work - $1.000.0D0 B. Endorsements Required: City of Miami included as an Additional Insured (4) Professional Liability/Errors and Omissions Coverage Combined Single Limit, Each Claim: $300.000• General Aggregate Limit, Retro Date: $300.000 (5) Personal Property of Others (if applicable): TBA BINDERS ARE UNACCEPTABLE. The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the bidder. All insurance policies required above sha l be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The Company must be rated no less than "A-" as to management, and no less than "Class V" as to financial strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification .by Risk Management.prior. to insurance approval The above policies shall provide the City of Miami with written notice of cancellation or material . change from the insurer in accordance to policy provisions. NOTE: CITY RFP NUMBER AND/OR TITLE OF RFP MUST APPEAR ON EACH CERTIFICATE. Compliance with the foregoing requirements shall not relieve the bidder of his liability and obligation under this section or under any other section of this Agreement. --If insurance certificates are scheduled to expire during the contractual period, the Bidder shall be responsible for submitting new or renewed insurance certificates to the City at a minimum of ten (10) • calendar days in advance of such expiration. --In the event that expired certificates are not replaced with new or renewed certificates which cover the contractual period, the City shall: (1) Suspend the contract until such time as the new or renewed certificates are received by the City in the manner prescribed in the Invitation To Bid. (2) • The City may, at its sole discretion, terminate this contract for cause and seek re -procurement a' CH•c damages from the Bidderdn conjunction with the General and Special- Terms. and:Conditionsaof the.Bid: •• The Bidder shall be responsible for assuring that the insurance certificates required in conjunction with this >Seatidh remain in force for the duration of the contractual period; including any and all option terms. that ,...,.,, may be granted to the Bidder. 2.10. CONTRACT ADMINISTRATOR • Upon award, contractor shall report and work directly with Kenneth Robertson, who shall be designated as Page 27 of 37 Request for Proposals (RFP) 270254 the Contract Administrator. 2,11. USE OF PREMISES The contractor shall confine his/her equipment, apparatus, the storage of materials, and the operation of his/her workmen to the limits indicated by law, ordinances, permits, or direction of the project manager, and shall not unreasonably encumber the premises with his/her materials. The contractor shall take al] measures necessary to protect his own materials. 2.12. DAMAGES TO PUBLIC/PRIVATE PROPERTY The contractor shall carry out the work with such care and methods as not to result in damage to public or private property adjacent to the work. Should any public or private property be damaged or destroyed, the contractor, at his/her expense, shall repair or make restoration as is practical and acceptable to the City and/or owners of destroyed or damaged property promptly within a reasonable length of time. (Not to exceed one month from date damage was done). 2.13. TERMINATION A. FOR DEFAULT If Contractor defaults in its performance under this Contract and does not cure the default within 30 days after written notice of.default, the City Manager may terminate this Contract, in whole or in part, upon written notice without penalty to the City of Miami. In such event the Contractor shall be liable for damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to perform is without his or his subcontractor's control, fault or negligence, the termination will be deemed to be a termination for the convenience of the City of Miami. B. FOR CONVENIENCE The City Manager may terminate this Contract, in whole or in part, upon 30 days prior written notice when it is in the best interests of the City of Miami. If this Contract is for supplies, products, equipment, or . . . . . software; and so•terminated for: the convenience•by the City of Miami the Contractor•will be compensated • • • • • • • • • • • • in accordance with an agreed upon adjustment of cost. To the extent that this Contract is for services and so terminated, the City of Miami shall be liable only for payment in accordance with the payment provisions of the Contract for those services rendered prior to termination. 2.1.4. ADDITIONAL TERMS AND CONDITIONS . . No additional•terms and conditions included with the solicitation response shall be evaluated or considered, and any and all such additional terms and conditions shall have no force or effect and are inapplicable to this solicitation. If submitted either purposely, through intent or design, or inadvertently, appearing separately in transmittal letters, specifications, literature, price lists or warranties, it is understood and agreed that the General.and Special Conditions in this solicitation are the only conditions applicable to this solicitation and that the bidder's/proposer's authorized signature affixed to the bidder's/proposer's acknowledgment form attests to this. 2.15. PRIMARY CLIENT (FIRST PRIORITY) The successful bidders)/proposer(s) agree upon award of this,coiitract that the City of Miami.shall be its.,.. primary client and shall be serviced first during a schedule conflict arising between this contract and any • other contract successful bidder(s)/proposer(s) may have with any other cities and/or counties to perform :similar services as a.result of any catastrophic events such as tornadoes, hurricanes, severe storms or any other public emergency impacting various areas during or approximately the same time. • Page 28 of 37 • Request for Proposals (RFP) 270254 2.16. CHANGES/ALTERATIONS Proposer may change -or withdraw a Proposal at any time prior to Proposal submission deadline; however, no oral modifications will be allowed. Written modifications shall not be allowed following the proposal deadline. 2.17. PRICE/COMPENSATION PROPOSAL Each Proposer shall use the 'Price/Compensation Proposal' document to submit its price proposal. Said document is located in the Header/Notes and Attachments section of this RFP, in the Oracle Sourcing system. The City reserves the right to add or delete any service, at any time. Should the City determine to add an additional service for which pricing was not previously secured, the City shall seek the Successful Proposer to provide reasonable cost(s) for same. Should the City determine the pricing unreasonable, the City reserves the right to negotiate cost(s) or seek another vendor for the provision of said service(s). Failure to submit price/compensation proposal as required and at time of proposal submittal shall disqualify Proposer from consideration. 2.18. EVALUATION/SELECTION PROCESS AND CONTRACT AWARD The procedure for response evaluation, selection and award is as follows: (1) Solicitation issued, (2) Receipt of responses (3) .Opening and listing of all responses received (4) Purchasing staff will review each submission for compliance with the submission requirements of the Solicitation, including verifying that each submission includes all documents required. (5) An Evaluation Committee, appointed by the City Manager, comprised of appropriate City Staff and members of the community, as deemed necessary, with the appropriate technical expertise and/or knowledge, shall meet to evaluate each response in accordance with the requirements of this Solicitation and based upon the evaluation criteria as specified herein. - (6) The Evaluation Committee reserves' the right, in its sole discretion, to request Proposers to make oral presentations before the Committee as part of the evaluation process. The presentation may be scheduled at •the convenienceof the Evaluation•Convnitteeandshall be recorded: - • • • • • • • • • • • • • (7) The Evaluation Committee reserves the right to rank the Proposals and shall submit its recommendation to the City Manager for acceptance: If the City Manager accepts the Committee's recommendation, the City Manager's recommendation for award* of contract will be posted on the City .of Miami Purchasing Department website, in the Supplier Corner, Current Solicitations and Notice of Recommendation of Award Section. The notice of the City Manager's recommendation can be found by selecting the details of the solicitation and is listed as Recommendation of Award Posting Date.and Recommendation of Award To fields. If "various" is indicated in the Recommendation of Award To field, the Bidder/Proposer must contact the buyer for that solicitation to obtain the suppliers name. The City Manager shall make his recommendation to the City Commission requesting the authorization to negotiate and/or execute an agreement with the recommended Proposer(s). No Proposer(s) shall have any rights against the City arising from such negotiations or termination thereof. (8) The City Manager reserves the right to reject the Committee's recommendation, and instruct the Committee to re-evaluate and make another recommendation, reject•al] proposals, or recommend that the City Commission reject all proposals. • _(9) The City Commission shall consider the City Manager's•and Evaluation Committees' recommendation(s) and, •if appropriate and required, approve the:City Ivienager°s r..ecommendatioii(s)„'. The :.0 :""; 'r'`' " '• "'' City Commission may also reject any or all response. (10) •=If'the Citj+.Cdhxinission approves the recommendations, the City will enter into negotiations .with the • selected Proposers) -for a contract for the required services, Such negotiations may result in contracts, as deemed appropriate by the City Manager.• al). The City Commission shall review and approve the negotiated Contract with the selected Proposer(s). Page29of37 Request for Proposals (RFP) 270259 Note: Award shall be made to the responsive and responsible proposer(s) whose proposal is most advantageous.to.the City as determined by the City Commission in accordance with the evaluation criteria contained in the RFP. Award of contract may result in a split award, With one proposer providing On -Site Auction Services (Group 1) and the other proposer providing Internet Auction Services (Group 2). 2.19, ADDITIONAL SERVICES Services not specifically identified in this request may be added to any resultant contract upon successful negotiation and mutual consent of the contracting parties. 2.20. RECORDS During the contract period, and for a least five (5) subsequent years thereafter, Successful Proposer shall provide City access to all files and records maintained on the City's behalf. 2.21. TRUTH IN NEGOTIATION CERTIFICATE Execution of the resulting agreement by the Successful Proposer shall act as the execution of truth -in -negotiation certificate stating that wage rates and other factual unit costs supporting the compensation of the resulting Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which City determines the contract price was increased due to inaccurate, incomplete, or non -current wage rate and other factual unit costs. All such contract adjustments shall be made within one (1) year following the end of the Agreement. Page 30 of 37 Request for Proposals (RFP) 270254 3, Specifications 3.1. SPECIFICATIONS/SCOPE OF WORK BACKGROUND The City of Miami, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-4 auctions annually). The items auctioned range from automobiles (surplus and confiscated/found), trucks, fire -fighting equipment and vehicles, heavy equipment, boats, work equipment, personal and mainframe computers, office equipment, furniture, jewelry, electronics, miscellaneous police confiscated items and found property. The intent and purpose for this Request for Proposals is to obtain the services of a professional auctioneering firm's to .provide on -site and/or internet auction services. Proposers may submit a proposal for either On -Site Auction Services (Group 1), Internet Auction Services (Group 2) or both (Group 1 and Group 2). It is the City's desire to contract with an auction firm that has an extensive and up to date mailing list and promotes its auctions extensively, It is also the desire of the City to contract with an auction firm that has an extensive following of active large buyers on file. Both of these considerations, the City believes, will increase the average item price and total auction sales and will be considered in determination of award. CONTRACTOR REQUIREMENTS Contractor shall conduct said public auction of .property in accordance with the following requirements: Sale will be open to the general public and there will be no fee to participate as a potential buyer. Auctions shall be advertised in a newspaper of genera] circulation in each Agencies local area at least once a minimum of ten (10) days prior to the auction date. Size and frequency to be determined prior to placement of ads. Cost for this advertising is assumed by the Contractor. The Contractor will list the Agencies auction dates on the Contractor's brochures which will be mailed to the Contractor's buyer's lists. The Contractor shall also advertise and promote the Agencies auctions by mailing flyers to the Agencies mailing list, In addition, the contractor shall be required to advertise the Agency's auction on the Contractor's internet website, a minimum of one (1) month . prior to the auction date at the Contractor's expense. All bidders shall be required to register prior to the auction in order to receive a bidder's number. Bidders shall be allowed to sign up and view the items available a minimum of two (2) hours prior to the auction time. Terms of sale are.cash, cashier's.check, or approved business/personal.check, Bidders shall utilize their'dri'er's license for the required bidder infdrmation'in order id receive 'a' bidder card. Note: A reasonable refundable registration fee may be utilized to deter bidders from walking away from their purchases. Proposers shall indicate in their proposal submission the anticipated refundable registration fee, if any. Contractor shall provide all necessary labor to register bidders. Sale of personal property may be made only to the highest responsible bidder. . Unless otherwise directed by the Agency, unsold vehicles and equipment will be rescheduled and attempted to be sold at the next available auction. It is anticipated that the net proceeds due the Agency will be paid within ten (10) working days after the auction is completed. LABOR. EQUIPMENT. AND SERVICES TO BE PROVIDED BY THE CONTRACTOR Contractor shall provide sufficient and complete staff of experienced, licensed auctioneers, registration and computer personnel to: • Enter bidder's data and auction sales as they occur Lot equipmentSecure sale items during auction and throughout checkout process Contractor shall utilize a computer system to: Promptly and accurately record the activities of the auction ' Software shall save each transaction. as it is entered. It is preferred to have sale information update immediately so invoices may be generated in a timely manner Sales information shall be transmitted to the data entry staff immediately to allow bidders to pay their Page 31 of 37 Request for Proposals (RFP) 270254 invoices in a timely manner Contractor shall provide•computer generated reports which shall include the following: Entry of each lot with lot number, description and Agency Account/Division Code(s), or separate account identifying each participating Agency Entry of each registered buyer with buyer number, name, address, telephone number and dealer/tax status Entry of each lot sold including lot number, buyer number and price Produce and print a buyer's invoice (Bill of Sale) including buyer's number, name, address, telephone number, lot numbers purchased with description and selling price. Tax due (if applicable) and invoice total List of buyers registered List of active buyers only Lots sold Lots sold by Agency category (i.e., surplus, confiscated) Lots sold by Agency Summary by Agency category Summary by Agency Overall summary, including sales tax by Agency Lots sold by Buyer Contractor shall keep a computer copy of all of the entries of the sale on secure electronic media for the term of the contract, and five (5) years after termination of contract. Contractor shall provide / be responsible for: • Form for Registration of bidders with identification information Bidder Cards Bidders Contract form containing the terms and conditions of the sale with an assigned bidder number, Note: All bidders shall sign this form. This form will be kept by the Agency. This form may be combined with the bidder registration form and shall have the assigned bidder number referenced. Public address system • • Recordin•g'(video or audio) of the entire auction • Copies of the recording shall be turned over to the Agency at the end of the auction Computers, printers; extension cords and any other required equipment shall be provided by the contractor Assigning a "Lot" number to items for'sale and printing the bidder catalog. The City will provide a listing of equipment to be sold a minimum of ten (10) days prior to the auction date. Contractor shall be responsible for coordination of all auction activities including: Offer'suggestions, on a timely basis, for maximizing sale value of items Auctioneer or project manager shall attend at a minimum, one Auction meeting quarterly with Agency Staff Agency will provide Contractor an inventory list(s). The Agency reserves the right to add/delete items from the list up to the day of the auction A master list shall be printed for distribution as close to the auction day as possible Contractor shall tag all items for sale the day before the auction =' .--• Contractor shall -handle any disputes that arise during the.auction and shall ask for the assistance of the Purchasing Project Manager if required for resolution.. ' "' "' ' ' " " " • ' •• " • The -City Will provide security for the cashiering activities. However, Contractor shall be responsible for providing 'sufficient staff for the protection of property received by the Contractor (during the auction and . •checkout process) as well as for the protection of his own equipment, supplies, materials and work, against any damage resulting from the elements (such as flooding, rainstorms, wind damage, or other natural disasters) or vandalism. Page 32 of 37 Request for Proposals (RFP) 270254 AGENCY REOUIREMENTS In' the operation of••this'ab eement,•each Agency shall be responsible for the following: Submit to Contractor a list of property. It is understood that minor changes in said list may be submitted to Contractor at any time prior to one (1) week in advance of the auction Maintain any records considered necessary by the Agency, other than those provided by the Contractor Agency shall provide the Certificate(s) of Ownership and all other documents necessary to effect transfer of title for motor vehicles, trailers, and vehicle equipment. At the opinion of Contractor, vehicles may not be offered at auction unless the Certificate of Ownership and all other documents necessary to do a transfer of title for motor vehicles, trailers, and vehicle equipment are submitted at least five (5) days prior to sale XNTERNET AUCTIONS The Proposer may include in their proposal their methodology (if any) for auctioning through the use of the Internet. The proposal should explain: History/experience with Internet auctioning Site references Method of contacting buyers (buyer database) Information available to potential buyers (data, photos, etc.) Method of collection of data and photo of sale items Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) Site structure (dedicated page, shared) Location of sale items (agency site or contractor's site, pickup method, etc.) Method of payment for sale items (directly to agency or to contractor) ...................... Page 33 of 37 Request for Proposals (RFP).270259 4. Subrnission Requirements 4.1. SUBMISSION REQUIREMENTS Proposers shall carefully follow the format and instruction outlined below, observing format requirements where indicated. Proposals should contain the information itemized below and in the order indicated. This information should be provided for the Proposer and any sub -consultants to be utilized for the work contemplated by this Solicitation. Proposals submitted which do not include the following items may be deemed non -responsive and may not be considered for contract award. The response to this solicitation shall be presented in the following format. Failure to do so may deem your Proposal non -responsive. RESPONSES SHALL BE SUBMI1 I ED IN HARD COPY FORMAT ONLY. Proposer must submit one (1) original hardcopy response along' with five (5) copies, Additionally, Proposer shall include one (1) copy on CD-ROM in PDF format. .Proposer shall clearly indicate whether a proposal is being submitted for On -Site Auction Services .(Group 11, Internet Auction Services (Group 2). or BOTH (Group 1 and Group Z), 1, COVER PAGE The Cover Page should include the Proposer's name; Contact Person for the RFP; Firm's Liaison for the Contract; Primary Office and Facility Location; Local Business Address, if applicable; Business Phone, Fax Number, and Email addresses; Title of RFP; RFP Number; Federal Employer Identification Number or Social Security Number. 2. TABLE OF CONTENTS The table of contents should outline, in sequential order, the major sections of the proposal as listed below, including all other relevant documents requested for submission. All pages of the proposal, including the enclosures, should be clearly and consecutively numbered and correspond to the table of contents. 3. LETTER OF TRANSMITTAL This letter will summarize in a brief and concise manner, the proposer's understanding of the scope of work and make a positive commitment to perform the work. The letter must name all of the persons authorized to make representations for the proposer, including the titles, addresses, and telephone numbers of such persons. An authorized agent of the proposer must sign the Letter of Transmittal indicating the agent's title or authority. The proposal shall name all persons or entities interested in the proposal as principals. The proposal:tnust declare. that it is made without collusion with any other person:or entity submitting. a . proposal pursuant to this RFP. The letter should not exceed two (2) pages in length. 4. PROFESSIONAL EXPERIENCE AND QUALIFICATIONS Professional experience and qualifications of the firms)/individual(s) who will provide the services. The submission shall include: • Details on the qualifications of the auctioneer who will perform the work, including relevant schooling, training and experience in similar work, • Details on the qualifications of the project manager who will perform the administrative functions of preparing for the auction, including relevant training and experience in similar work. Note: Primary staff (auctioneer and project manager) shall be identified by name and title. The above mentioned may only be changed with the express prior written permission of the City of Miami. The , City of 'Miami reserves the right to approve or reject replacements. - - • Minimum of six (6) references of auctions performed, with a..minimum of three (3) references being,for•.a_,,,,,, • '',government entity within the past two years (Preferably in South; Florida), Referenceai t shallinclude M government entities that are similarto the City of Miami. List shall include a brief description of similar"' . ' accountseandsize; satisfactorily completed by Proposer identified in the proposal with location dates of , • contracts; names, addresses, phone.numbers, auction dates, surilmary o£atems auctioned; advemsrng budget"' and number of registered bidders. • '••• List of equipment and staff available to do the work on the day pf the auction (include number of data entry staff for registering bidders, cashiers, title clerks, etc.). • Number of years organization has been in business. " Page 34 of 37. Request for Proposals (RFP) 270254 • Number of years of experience Proposer (person, principal of firm, owner) has had in the operation of the services required by the Scope of Work of the RFP, • • Number of years of experience Proposer (firm, corporation, proprietorship) has had in the operation of the services required -by the.Scope of Worlt of the RFP. • Summary of advertising media that will be used for City's auctions and/or other methods that are ofno' charge to the City. • Identify how mailing database is categorized and how bidders will be chosen to receive information for the City of Miami auction. Proposer shall also give an estimated number of bidders, interested in City auctions, which would be mailed a notice. . • Sample of terms of sale information that is provided to bidders at time of registration (attach a sample). • A list of those persons who will have a management or senior position working with the City, if Proposer is awarded a contract. List name, title or position, and project duties. A resume or summary of experience and qualifications must accompany proposal. • Lawsuits (any) pending or completed involving the corporation, partnership or individuals with more than ten percent (10%) interest. - List all pending lawsuits which are concerned directly with the staff or part of Proposer's organization. - List all judgments from lawsuits in the last five (5) years which are concerned directly with the staff or part of Proposer's organization. , • Experience Record: Attach a list of references who may be contacted to ascertain information on past and/or present contracts as required by the Scope of Work. List of references shall include the address, phone number(s) , e-mail address, and contact persons within each organization. 5. METHODOLOGY AND OVERALL APPROACH TO SCOPE OF WORK Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing an auction, in accordance with the Scope of Work. Include details on: • Description or plan of operations which demonstrate an understanding of and the capability to assume responsibility to publicly auction Agency equipment/materials. The plan should detail methods of preparing merchandise for, advertising, conducting, and accounting for a sale. • Frequency and dates of sales • Ability to advertise and draw adequate public attendance at auctions. It is anticipated that the Successful Proposer will. print brochures and advertise the public auction, appropriately .. , • .. . • Procedures, to physically arrange set up and conduct public auctions • Records provided to the City and retained by. the Successful Proposer • Procedures to' collect and remit funds to the Agency providing normal schedule for the receipt of funds 6. PRICE/COMPENSATION PROPOSAL Each Proposer shall use the 'Price/Compensation Proposal" document to submit its' price proposal. Said document is located in the Header/Notes and Attachments section of this RFP, in the Oracle Sourcing system. Proposer shall, as its sole compensation for services provided, receive.commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. 7. AVAILABILITY - Indicate current and anticipated workloads and availability. Identify the extent and nature of any anticipated outside support (subcontracting) that will be necessary to complete the services herein. Identify each support vendor by their trade. The City reserves the right to reject any proposed firms used as outside support. ..s: ..x: yf J . ;�:.!:n>�:f::1.J ,e,. 13".S ' l4 [�... •:41.:.M;: BOTHER• • Provide a sumihary of any litigation filed against the proposer_in_the past three (3).years which, is -related to ., .... the services that proposer provides in the regular.course.of.busness. The summary shal]:state the nature of: _7._..." the litigation, a brief description of the case, the outcome or projected outcome, and the•monetary amount involved. Page35of37 • Request for Proposals (RFP) 270254 Certifications: If proposer is 'a corporation, provide certification from the Florida Secretary of State verifying proposer's corporate status and good standing, and in the case of out-of-state corporations, evidence of authority to do business in the State of Florida, Submit occupational license/business tax receipt from Entity where business is located, 9. ADDITIONAL INFORMATION Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. Furthermore, Proposer shall provide a statement about why the proposer feels its approach or equipment would be the most cost effective to the City. Page36of37 Request for Proposals (RFP) 270254 5. Evaluation Criteria 5.1. EVALUATION CRITERIA Proposals shall be evaluated based upon the following criteria and weight: Evidence of the ability, understanding of required services, capacity & skill of firm to perform, including timeliness, stability, availability, marketing efforts and location - Maximum 20 points Quality, depth, and scope of response to proposal.- Maximum 10 points Successful governmental experience & background in similar services - Maximum 15 points Background, qualifications & experience of personnel assigned to the project, - Maximum 15 points Capabilities of proposer's software to process transactions expediently for reporting and checkout. - Maximum 15 points Price/Compensation - Maximum 25 points Total: 100 points . ParTP of R7 • Ic€ ROVE M Cooperative Purchasing: The Invitation for Bid or Request for Proposal represents a cooperative procurement for the Southeast Florida Governmental Purchasing Cooperative. For the past several years, approximately forty five (45) government entities have participated in Cooperative Purchasing in Southeast Florida. ' The Southeast Florida Governmental Purchasing Cooperative was formed in an effort to provide cost savings and cost avoidances to all entities by utilizing the buying power of combined requirements for common, basic items. The Government Agencies participating in the particular procurement and their respective delivery locations are listed in the document. Southeast Florida Governmental Purchasing Cooperative Procurement Operational Procedures: • Each participating governmental entity will be responsible for awarding a contract, issuing its own purchase orders, and for order placement. Each entity will require separate billings, be responsible for payment to the Contractor(s) awarded this contract, and issue its own tax exemption -certificates as required by the Contractor. • The Contract/purchase order terms of each entity will prevail for the individual participating entity. Invoicing instructions, delivery locations and insurance requirements will be in accordance with the 'respective:agency.requirements:• •• •••••• .......,•••0••.... • Any reference in the documents to a single entity or location will, in fact, be understood as referring to all participating entities referenced in the documents and cover letter unless specifically noted otherwise. O The awarded Contractor(s) shall be responsible for advising the lead agency of those participants who fail to place orders as a result of this award during the contract period. e The Contractor(s) shall furnish the Lead Agency a detailed Summary of Sales semi-annually during the contract period. Sales Summary shall include contract number(s), contractor's name, the total of each commodity sold during the reporting period and the total dollar amount of purchases by commodity. • Municipalities and other governmental entities which are not members of the Southeast Florida Governmental Purchasing Cooperative are strictly prohibited from utilizing any contract or purchase order resulting form this bid award. However, other Southeast Florida Governmental . Purchasing Cooperative members may participate ir47their.-contract..Tor, new..usage;;,during the; n `contract -term•, or in any contract extension term, if-approvedty tfeaead'agency-;;New Southeast Florida Gov'erhmental Purchasing Cooperative members may participate in any contract on acceptance and approval by the lead agency. - ® None of the participating governmental entities shall be deemed or construed to be a parry to any contract -executed by and between any other governmental entity and the Contractor(s) as a result' of this procurement action. "WORKING 'TOGETHER TO REDUCE COSTS" KENNETH .ROBERTSON TON7' E. CRAPP, JR, ChiefProewement Officer City 'Manager i,c E, rrG Ir3li ' ADDENDUM NO. 1 RFP No, 270254 MAY 23, 2011 Request for Proposals (RFP) for Auction Services TO: ALL PROSPECTIVE PROPOSERS: The following changes, additions, clarifications, and deletions amend the RFP documents of the above captioned RFP, and shall become an integral part of the Contract Documents. Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Please note the contents herein and reflect same on the documents you have on hand. Section 3.1, Specifications/Scope of Work, of the RFP has been amended as follows: BACKGROUND The City of Miarni, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-4 auctions annually). The items auctioned, on -site and on-line, range from automobiles (surplus and .confiscated/found), trucks, fire -fighting equipment and. vehicles, heavy equipment, boats; work • equipment, personal and mainframe computers, office equipment, furniture,. jewelry, electronics, miscellaneous police confiscated items and found property. Q1: ,The above mentioned RFP states that the proposer•shall furnish an insurance certificate listing the City of Miami asthe certificate holder and as an additional'insured, Tiiis'is' nOrmatly`pr'ovided`upon` • .award of a contract. Would it be acceptable to provide a sample of such a document that shows proof of insurance but does not name the City, understanding that if awarded a contract, Prospective Proposer would add the City of Miami as an additional insured and produce the required document in a timely manner? Al: Yes, the above mentioned will be accepted by the City. Pursuant to Section 1.47, Insurance, the following requirement is stated: "Within ten (10) days after receipt of Notice of Award, the successful Contractor, shall furnish Evidence of Insurance 'to the Purchasing Department, if applicable. Submitted evidence of coverage shall demonstrate strict compliance to all requirements listed on the Special Conditions {Section 2.9) entitled flnsurance Requirements". The.City shall be listed as,,an,:Additional " insured_ As • explained'above, the•Awarded P'roposer"will not be required to submit evidence of insurance (via Certificate of-lnsurahce) `until' after 'redeipt•of:Nbtice of Award. Prospective Proposers are not required to submit a Certificete'of *Insurance, showing--the,City of Miami as an additional certificate holder and -insured, at the time of Proposal submittal: • Page 1 Q2: Will the City accept a proposal for Surplus Property, with the On Line component only? Prospective Proposer has three (3) different services, but two (2) of them that relate to vehicles and Heavy Equipment, carry a Commission % and Buyer's Premium so Prospective Proposer is precluded from submitting a proposal on those, A2: Yes• The City of Miami will accept a proposal response for Group 2 — Internet Auction Services only. Pursuant to Section 3.1, Specifications/Scope of Work, of the RFP, the following is stated under "BACKGROUND", in the second paragraph: "The intent and purpose for this Request for Proposals is to obtain the services of a professional auctioneering firm's to provide on -site and/or Internet auction services. Proposers may submit a proposal for either On -Site Auction Services (Group 1), Internet Auction Services (Group 2) or both (Group'1 and Group 2)." As explained above, Prospective Proposers may choose to submit a proposal response for Group 1 and/or Group 2. Q3: As Prospective Proposer advances forward in the reading the requirements of the RFP, there are parts of the RFP that Prospective Proposer cannot submit a proposal response for, due to Commission and Buyer's premium Prospective Proposer charges on certain Services, Prospective Proposer would like to know if the City will accept a Proposer Response for On Line Auction Services for surplus property, but that excludes the auction of vehicles on-line? A3: No. The City will not accept a Proposal Response for On -Line Auction Services, which excludes the auctioning of vehicles on-line. • Pursuant to Section 3,1, Specifications/Scope of Work, of the RFP, the following. is stated under "BACKGROUND", in the first paragraph (as revised via this Addendum): The City of Miami, Florida currently holds auctions on -site on an as needed basis throughout the year (approximately 3-4 auctions annually). The 'items auctioned on -site and on-line range from automobiles (surplus and confiscated/found), trucks, fire -righting equipment and vehicles, heavy equipment, boats; work equipment, personal and mainframe computers, office equipmen, furniture, jewelry, electronics, miscellaneous police confiscated items and found property, As shown above, the items auctioned•includ•e.automobiles (surplus.and confiscated/found),'trucks,-fire-lighting equipment and vehicles. The City shall have the right to choose whether the items will be auctioned on -site or on-line. Q4: Does the City of Miami require that the letter of transmittal be signed in ink by an authorized or will the City accept a digital signature? A4: The Letter of Transmittal shall. be signed in ink by the authorized agent of the Proposer. A digital signature will not be accepted. Q5: Section 2.9 of the RFP outlines Insurance requirements for the contract. If a proposal is submitted exclusively for Group 2 — Internet Auction Services, the resultant contract would not call for a contractor to have employees, operate vehicles or have any physical presence within the State of Florida whatsoever. Would comparable general commercial liability, errors and omissions and worker's compensation required by.a contractor's state of incorporation be acceptable in this case? ;.A:Prospective'Proposer- who submits a proposal response exclusively:.,for.Group'2 Internet"Ailction`;Se'rv;ices,;' =wiiI '-riot be required 'to, provide the City of Miami 'with' 1Business Automobile•' Liatility 'and`"Worker's .. iCompprisatiori insurance coverage. However, Prospective Proposer will be required to provide Commercial. • ii'General iIiebility.' and Frofes.sicinal Liability/Errors and Omissions Coverage. Please note that this latter • -= exception applies only -to Prospective _Proposers who submit a or000sal response exclusively for Group 2 — Internef Auction Services. Paget Q6: Prospective Proposer only performs Internet Auctions for governments. Question: Are Internet Auction Companies only responsible for responding to the Internet Auctions section as displayed below on page 33•of37 ofthe•RFP? INTERNET AUCTIONS The Proposer may include in their proposal their methodology (if any) for auctioning through the use of the Internet, The proposal should explain: • History/experience with Internet auctioning • Site references • Method of contacting buyers (buyer database) • Information available to potential buyers (data, photos, etc,) • Method of collection of data and photo of sale items • Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) • Site structure (dedicated page, shared) • Location of sale items (agency site or contractor's site, pickup method, etc.) • Methodof payment for sale items (directly to agency or to contractor) A6: Prospective Proposers submitting a response under this RFP, shall carefully follow the requirements stipulated in Section 4, Submission Reauirements, of the RFP. Each of the points listed under "Internet Auctions" in page 33 of 37 of the RFP, shall be addressed by the Prospective Proposer in the "Methodology and Overall Approach to Scope of Work' section of its proposal • response. Q7: What is the current commission for the City's live auctions and are there any other fees being charged other than the commission? A7: The current commission for the City's on -site auctions is a 7% Buyer's Premium. There are no 'additional fees being charged. • . • . QB What is the current commission for the City's Internet. auctions and are there any other fees being charged other than the commission? A8: The current •commission for the City's Internet auctions is •a 7% Buyer's Premium. There 'are no other • • additional zees' beirig'dhaiged.• •......•.•.•.•.. Q9: Regarding the insurance requirements, are these requirements for the live auction portion only? A9: The Insurance Requirements shown in Section 2.9 of the RFP are applicable 'to both On -Site and Internet Auction Services. However, the City has made exceptions for Prospective Proposers that submit e Proposal response only for Group 2 — Internet Auction Services. For details, please refer to the answer posted in this •addendum for Question # 5. 610: We. vendor chooses to bid the online auction option only, they would never be on City property, so the City of Miami would not need to be named as an additional insured. A10: Please refer to the answer posted in this addendum for Question # 5. Furthermore, the Successful Proposer will be required to add the City as an additional insured under its Commercial General Liability insurance policy. : Q11: If the City of Miami requires the vendor for online auctions only to add the City as an additional insured on its policy, can the City please explain the'reason;why?=:'',-- • Al :--The-City of-Miarni-requires the Successful Proposer to add.the.City as' an additional insured to protect the City • •.against. any 'possible Ia' suits, agairist'the City, that may occur as a result of the Successful Proposer's = negligence in the performance pf services under this contract. Page ALL OTHER TERMS AND,ON,DITJONS OF THE RFP REMAIN THE SAME. KRi yg Cc: RFP File Sincerely, K nneth Robertson Director/Chief Procurement Officer Page 4 "EXHIBIT B" PROPOSAL (Proposal to follow this cover page) 14 RENE' BATES AUCTIONEERS, INC. Contact Person for RFP - Sheryl Bates Contract Liaison - Sheryl Bates Business Address - 4660 County Road 1006, McKinney, Texas 75071 Business Phone - 972.548.9636 Business Fax - 972.542.5495 Email Address - sheryl@renebates.com RFP Number - 270254 RFP Name - Auction Services Federal EIN - 75-1718382 Rene' Bates Auctioneers, Inc. is submitting a proposal for Internet Auction Services (Group 2) ONLY. TABLE OF CONTENTS Cover Letter Pages 1-2 Section 4 - Professional Experience & qualifications Pages 3-11 References - Pages 3-6 Advertising - Pages 6-9 Pending Litigation - Page 11 • Section 5 - Methodology'& Overall Approach to Scope of Work • Pages 12-24 Roles & Expectations - Page 12 Training Support - Page 13 Method of contacting buyers - Page 13 Site References - Page 14 Information available to buyers - Pages 14-17 Method of collection of data and photos - Page 17 Method of auctioning - Pages 1.8-19 Site Structure - Pages 19-21 Location of Sale Items - Page 21 Method of payment for sale items - Pages 21=22. Collection process - Pages 22-23 Reports available to City - Pages 23-24 Section 6 - Price/Compensation Proposal Page 25-25.1 Price/Compensation Proposal Attachment - Page 25.1 Section 7 - Availability Page 25 Section S - Other Pages 26-26.8 Florida Resale Certificate for Sales Tax - Page 26.1 Certificate offAuthority -Page 26.2 Florida Auctioneer Licenses for Principals - Pages 26.3 - 26.6 Texas Auctioneer Licenses for Principals - Page 26.7 Corporate Franchise Tax Document -Page 26.8 Section 9 -' Additional Information •' Pages 27-30 Vehicle& Equipment Information Sheet- Page 27.1 • . Certification Statement (Page 2 of 37 from,RFP) - Page28` Certifications (Page 3 of 37 from RFP) - Page 29 _ • Addendum Acknowledgement (Page 4 of 37 from RFP) - Page 30 PER[ BATES R1TIOJIEE1 ,I}IC. 1 4660 091008 idlo g, lsxas 19011.6614 (07E) 54B-91139 May 30, 2011 City of Miami, Florida 3500 Pan American Drive Nriami, Florida 33133 Re: RFP No. 270254 - Request for Proposals for Auction Services REP closing Date/Time: June 2, 2011 @ 11:00:00 To Whom It May Concern: Thank you for the opportunity to submit a proposal for your RFP No. 270254 for Auction Services. We are submitting a proposal for (Group 2) Internet Auction Services only. This proposal is being made without collusion with any. other person or entity submitting a proposal pursuant to this RFP. All persons authorized to make representations for Rene' Bates Auctioneers, Inc. will be listed • below and will include titles, addresses and phone number of each person. Those same persons are all that are interested in this proposal as principals. Rene' Bates Auctioneers, Inc. (RBA1) has been conducting traditional, live auctions since 1966. We have worked extensively in Florida, and especially South Florida, since 1976. We have been the auction company for the City of Fort Lauderdale, FL since 1976. In 2008, we started selling exclusively online for Fort Lauderdale and continue to this date, In 1999, we conducted the first successful online auction for Volusia County, Florida. Since that time, our experience and number of clients in this area has continued to. increase at a phenomenal rate.. We havemany clients in Florida including Broward Sheriffs Office,' City of Deerfield Beach; Brevard County and many others. • We.havebeen conducting live and internet auctions since 1966 (longer than any of our competitors) and our website traffic is generated and validated by solid, proven, interested buyers; and our extensive buyer database has been amassed from years of conducing municipal auctions. Since 1966, we have conducted thousands of auctions selling in excess of a billion dollars in assets for our clients. Our auction company is focused on municipalities, (large and small), counties, school districts, colleges, special districts, utility companies, airports, financial institutions, sheriff and narcotic task forces and MUDD districts and others. Not only do we have the experience of selling for clients just like the City of Miami, Florida since 1966, we continue on --a-daily: basis to:prove •our experience in this area by obtaining• the big .est• results for our clients on a continual basis: In- addition to the knowledge our ,company has in the -auction business, we liave been involved in various purchasing orgarli7ations (many since the early 1970's). =our involvement and associations that we have made Through these organizations 1 keep us up to date on purchasing laws as they change and assist us in ensuring that we are always looldng out for our client's best interest. We are a licensed auction company and all our principals are licensed auctioneers in the State of Florida. In addition, we are very familiar with the collecting and remitting of sales tax for Florida and will ensure that your sale is always conducted legally and that your sales tax is remitted to the state on a monthly basis. The experience and qualifications of Rene' Bates Auctioneers, Inc. will ensure that the City receives the most return for their surplus assets. The sheer number of successful auctions conducted, in addition to the number of dollars generated, coupled with the vast number of entities that we work for prove that our experience in this area cannot be exceeded. You are welcome to contact, not only our references, but any of the entities for which we are conducting online auctions. Also, we would ask that you compare our website, experience and Icnowledge of, not only online auctions, but the municipal auction business period, with any auction company out there. We • bring 45 years of experience in the municipal auction industry to you; something that is unequalled by the majority of companies in this business. Thank you again for the opportunity to submit this proposal for your Auctioneering Services. Sincerely, • Sheryl Bates President The principals of our company are: Rene`, Bates - Vice President & Owner; 4660 County Road 1006, McKinney, Texas 75071; Phone 972.548.9636 Sheryl Bates - President & Owner; 4660 County Road 1006; McKinney, Texas 75071; Phone 972.548.9636 Michelle R, Bates - Vice President; 4660 County Road 1006, McKinney, Texas 75071; Phone 972.548,9636 2 4. Professional Experience and Qualifications We are submitting information for Group 2 - Internet Auctions only. This section will include information requested on Page 33 under Internet Auctions heading, In addition, we will include references and advertising information. The Proposer may include in their proposal their methodology for auctioning through the use of the Internet The proposal should explain: History/experience with Internet Auctioning Site References Method of contacting buyers (buyer database) The remainder of the items requested on Page 33 under the Internet Auctions heading will be included in Section 5 that follows. Number of years the organization has been in business: 45 Years Rene' Bates Auctioneers, Inc. 4660 County Road 1006 McKinney, Texas 75071 www.renebates.com Rene' Bates Auctioneers, Inc. has been in the municipal auction business since 1966. We have been conducting online auctions since 1999. Number of years of experience the proposer (person or principal) has had in the operation of the services required by the Scope of Work of this RFP. 45 Years Number of years of experience the Proposer (firm or corporation) has had in the operation of the services required by the Scope of Work of this RIP. 45 Years Provide a minimum of six references of auctions performed, with a minimum of three being for a government entity within the past two years (preferably in South Florida). We haveconducted auctions in the past two years for all of the references listed below. CITY OF FORT LAUDERDALE, FLORIDA Live Client since 1976; Online Client since 2000 Mr. Dirk Buffington - 954.828.5145; kbuffrgton@fortlauderdale.gov 100 N. Andrews Avenue, Fort Lauderdale, FL 33301 BREVARD COTJN'1V, FLORIDA Live Client since 1986; Online client since 2003 Ms. Cheryl Pran uk - 321.264.5326; cheryl.pramul@brevardcounty.us 700 Park Avenue, Titusville, FL 32780 BROWARD SHERIFFS OFFICE, FLORIDA Online Client since 2008 Ms. Donna Rockfeld - 954.831.8170; donna council@sherif .org 2601 W. Broward Blvd., Fort Lauderdale, FL 33311 CITY OF DEERFIELD BEACH, FLORIDA Live Client since 1979; Online client since 2001 Ms. Jessica Gamble - 954.480.4381; jgamble@deerf"ield-beach.com. 401. Southwest 4th Street, Deerfield Beach, FL 33441 CITY OF DANIA ]BEACH, FLORIDA Online Client since 2005 Ms. Nanci Denny - 954.924.6800; ndenny@ci.dania-beach.fl.us 100 W. Dania Beach, Dania Beach, FL 33004 CITY OF HOMESTEAD, FLORIDA. Online Client since 2001 Ms. Debbie Moore - 305.224.4628; dmoore@cityofhomestead.com 790 N. Homestead Blvd., Homestead, FL 33030-6299 CITY OF NORTH MEAMI BEACH, FLORIDA Online Client since 2010 Mr. Brian O'Connor = 305.948.2946; brian.ocozirior@eitynmb.com' ' ::::: , : , :::: , :.. 17011 NE 19 Avenue, Suite 315, North Miami Beach, FL 33162 CITY OF OAKLAND PARK, FLORIDA Live Client since 1990; Online Client since 2001 Ms. Maggie Turner - 954.561.6105; maggiet@oalclandparkfl.org CITY OF SUNRISE, FLORIDA Online Client since 2008 Ms. Ann Potter - 954.572.2276; apotter@cityofsunrise.org 1601 NW 136th Avenue, Suite 101, Sunrise, FL 33323 CITY OF ARLINGTON, TEXAS Live Client since 1972; Online Client since 2002; .,'a'-. - " 201.E. Abram St., Suite 800, Arlington, Texas 76004-3231 Contact:' Debra K. Twinam; Purchasing Manager<,•Phone 817.459.6305 City of Baytown, Texas Live Client since 1986; Online Client since 2008; P. O. Box 424, Baytown, Texas 77522-0424 Contact: Drew Potts, Purchasing Manager; Phone: 281.420.6525 City of Waco, Texas Live Client since 1986; Online Client since 2000; P. O. Box 2570, Waco, Texas 76702-2570 Contact:. Dennis Russell, Phone 254.750.8064; Fax 254.750.8063 Dallas/Fort Worth International Airport Board, Texas Live CIient since 1981; Online Client since 1999; P. O. Box 619428, DFWAirport, Texas 75261-9428 Contact: Loyd Renfro, Surplus Sales; Phone 972.574.4740; Fax 972.574.9983 City of Denton, Texas Live Client since 1973; Online Client since 2004; 901-B Texas Street, Denton, Texas 76201 Contact: Jody Hays, Purchasing, Phone 940.349.7100 Tarrant County, Texas Live Client since 1976; Online Client since 2000; 100 F. Weatherford, Suite 303, Fort Worth, Texas 76196-0104 . Contact: 'Jack Beachavi; Piirchasixig-Manager; Phone'817:884.1133 - Collin County, Texas Live Client since 1977; Online Client since 2002; 200 S. McDonald, Suite 230, McKinney, Texas 75069 Contact: Frank Ybarbo, Purchasing Manager Phone 972.548.4111 City of Plano, Texas Live Client since 1973; Online Client since 2000; 1520 Avenue K, Plano, Texas 75086 Contact: Diane Palmer-Boeck, Purchasing Manager, Phone 972.941.7557 City of Richardson, Texas . Live Client since 1965; Online Client since 2000; 411 W. Arapaho Road, Richardson, Texas 75080 Contact: -Pam Kirkland; Purchasing Manager, Phone 972.744.4132 5 City of McKinney, TPxss Live Client since 1976; Online Client since 2003; 1550-D S College, McKinney, Texas 75070 Contact: Debbie Nye, Purchasing Manager, Phone 972.562.6080 Denton County, Texas Live Client since 1973; Online Client since 2004; 401 W. Hickory, Suite 324, Denton, Texas 76201 Contact: Beth Fleming, CPM, CPO, Director of Purchasing; Phone: 940.349.3130 Montgomery County, Texas Live Client since 1998; Online Client since 2004; Current Contract Buyboard 501 N. Thompson, Suite 405, Conroe, Texas 77301 Contact: Darlou tenor, Asst. Purchasing Agent; Phone: 936.760.6906 Summary of advertising .media that will be used for City's auctions and/or other methods that are of no charge to the City. Identify how mailing database is categorized and how bidders will be chosen to receive information for the City of Miami auction. Since we are submitting a proposal for the Group 2 - Internet Auctions only, there ,will be no specific brochures or advertising done on a scheduled basis for your auctions. However; since. I we are continually conducting daily auctions for more than 300 governmental clients annually, we are constantly placing general advertising to bring bidders to our website. All of the advertising that we handle will benefit the City of Miami just as it will benefit any of the other clients that we work for. The following is how we determine our advertising and how our buyer. Rene' Bates Auctioneers, Inc. has been advertising municipal auctions for over 45 years. We use ail types of advertising mediums from newspaper and trade journal ads to our Internet web. page and e-mail notifications. We have extensive experience with formulating the correct marketing and advertising strategies to create a successful auction. Many of our clients have retained our services on a repeat basis; some since 1966. We feel that a part of this is a direct result of our advertising efforts bringing major vehicle, equipment and miscellaneous buyers to our auctions. Rene' Bates Auctioneers, Inc. advertises• online auctions at our own expense. RBAI has the experience and knowledge of the most current design,, layout, and advertising techniques to '. `strategically 'advertise yourauction'to give the most exposure to ther.specific.types of desired customers while attracting the potential buyers' interest. Due to the large volume of advertising "' ` .purchased by Rene' Bates Auctioneers, Inc., we are.....allowed.-high-dollar voluzne discounts •making it possible for us produce more media.exposure for the advertising dollar. The fact • that Rene' Bates :Auctioneers, Inc. is conducting monthly live auctions and hundreds of online ` -auctions' per year throughout the United States, we have the experience and expertise to properly 6 advertise your auction in the mostadvantageous way to produce .exposure and, in turn, generate revenue for your auction. The Marketing Plan to be used for auctions includes: • E-Mail 9 Electronic Mailings • Media • Mail List • • Brochures • Advertisements (Trade Journals and Newspapers) • Calendars • Verbal Announcement • Personal Contact A more detailed description of each of these marketing tools/capabilities is as follows: E-Mail and Electronic Mailings Rene' Bates Auctioneers, Inc. has an e-mail address (auction@renebates.com) which allows customers to contact us regarding brochure requests, auction information, mail list addition requests, or any other information. Electronic mailings allow us to quickly announce, advertise and distribute auction information using our global e-mail mail list with just a few clicks of a button. We currently have approximately 500,000 names, on our email list as well as over 40,000 registered bidders on our site. OF TFLY MORE THAN 40,000 REGISTERED BIDDERS, MORE THAN 50% OF Tf M ARE "REGULAR BUYERS". THEY ARE ACTIVATED TO BED AND PARTICIPATE REGULARLY IN ONLINE AUCTIONS WEET1IER.TI Y ,ARE .THE. SUCCESSFUL. BIDDER ©R.NOT. The. email .addresses that we have were not bought or retrieved from some random source. These are interested and proven buyers who have registered on our website and requested to be added to our email Lists in order to receive notification of auctions. These buyers have the option to add or remove their name at any time. These buyers have the ability to remove their names each and every time arc entail is sent from RB_A.: This is done in order to comply with governrnental anti -spare regulations. We are adding email addresses and registered bidders daily due to our continual national and international advertising. Because we conduct auctions across the United States and are continually adding new locations, the exposure you receive from the new entities buyer's base and our advertising for these new Iocations will benefit your auction in the increased exposure our website receives. • •0n' a --weekly basis, we •send ethail announcem announcements to our registered bidders and the .eail • addresses'that have_registered svith us. These announcements are sent based on the type of items 'the -bidder is interested in. If your auction has vehicles; computers or miscellaneous items in it, all bidders V,;ho have. indicated an interest in those items will be notified that your auction has • been posted and they will be notified again the week before your auction closes. 7 Your auction will be Iisted on the home page of www.renebates.com on a continual basis which receives the 'beztefit -of all the traffic on our website. This means that a buyer interested in an auction anywhere,in Florida, Texas, New Mexico, Arizona or Alabama, etc. will also have access to your auction when they access our site. We sell for numerous cities and counties across the United States with heavy emphasis on South Florida. .(RBAI conducted auctions for Florida Power & Light Company starting in 1984 and compiled the best Iist of proven buyers hi South Florida from this experience with the number of people it brought to these sales.) Any buyer accessing our website for any of these auctions will also see your auction listed there. In addition, the entities that we work for provide a link to www.renebates.com from their own city or county websites. When an individual . . accesses those numerous websites, they are able to access ours giving them the ability to view and bid on any and all auctions that we have posted. In addition, our web host provider submits our website address, along with 20-30 main keywords to national search engines on a monthly basis to ensure that anyone searching the internet can also pull up a link to ourwebsite simply by searching for key phrases such as Vehicles, Auctions, Municipal, Heavy Equipment, Police Cars, ete. Media Rene` Bates Auctioneers, Inc. has . vast experience conducting interviews with television correspondents and radio station personnel, We are prepared to discuss any aspect of the auction and the items for sale in either a live or pre-recorded interview environment. However, we will NOT conduct any press conference type interviews with locaUany newspapers, television or . radio stations without the consent of' the Purchasing Manager. Mail List In addition to the 500;000+ names on our email list,mentioned below, Rene' Bates.Auctioneers, • hio, lias a hard iriailirig list of over 35,000 names of proven:buyers; Thisdiverse list has been amassed from conducting municipal auctions for over 45 years throughout the United States, past buyers and auction attendees from across the globe, submissions forwarded from city/county mail list requests, and daily telephone and e-mail requests, Our hard mail list (or live auction wail list) is maintained, added to, cross referenced, and backed up on a daily basis. These names are coded under. one or, more of our 70 different coding categories as to the type of items they purchase and the distance each buyer will travel. It has never been our practice to add unproven names (bought lists) to our emails just,to make our ntunbers look impressive. Instead, we prefer to focus on the proven, validated buyers that have followed us throughout the years and will be strong participants in our auctions. Our extensive list of reliable buyers will follow your online auction to strengthen the bidder activity of your sales. Our experience has been that we consistently drag national and international bidders''to our website, and even if they are: not the successful bidder on a piece of surplus inventory, their participation enhances the resultseofahe sale.' :::' :.':' :: :,:.:.= <. 8 Brochures When the date is determined fox your auction, your name and scheduled auction date is immediately included in every auction calendar Rene' Bates Auctioneers, Inc, distributes. This calendar is printed on the face of each brochure we mail. Because Rene' Bates Auctioneers, Inc. is conducting monthly live auctions and hundreds of online auctions annually, we are distributing many thousands of brochures across the globe with your auction date on the brochure calendar. Depending on the size and type of merchandise that is being sold determines the type of advertising that will be done, Advertisements of Sale We advertise continually in major newspapers across the United States. They include, ,but are not limited to: The Miami Herald The Sun Sentinel. The Dallas Morning News The. Wall Street Journal The Orlando Sentinel The Houston Chronicle . The Odessa American The El Paso .Times The Waco Tribune -Herald The Lubbock Avalanche Journal Our -advertising strategy for online auctions is different than the strategy for live auctions. Since oailine auctions tend. to' be conducted on Amore frequent basis, making -the size of the: auction typically smaller, we have found the following tube more effective. We will advertise your online auctions in conjunction with the many other auctions that are being conducted daily on our website. We advertise in trade journals such as Rock 8 Dirt for heavy equipment items, Trade -A -Plane for aircraft and marine journals for watercraft. We send out brochures for our live auctions on a monthly basis and we include all online auctions in those brochures, as well. These brochures are sent to our mail list which is broken down geographically and by buyer's interest. This ensures that we reach anyone in your area or those buyers that are interested in the items you are selling, regardless of where they are located. EXAMPLES :OF TRADE JOURINA.f, .ABI'ERTISD ;INCLUDE.;-.BUT.:,NOT LIl', ITI�JD TO: Trade -A -Plane Rocic & Dirt— Several examples enclosed Fire Trader - Fire Apparatus & Emergency Equipment Our experience in conducting live auctions since /966 and online auctions since 1999 has helped us in determining the above advertising strategy and fine tuning as we find what works best. Rene' Bates Auctioneers, Inc. will handle all advertising for your auction, EXCEPT THE LEGAL ADVERTISING WHICH YOU ARE REQUIRED TO DO. Verbal and Personal Contact Rene' Bates Auctioneers, Inc. will begin announcing your auction date at each auction we conduct prior to your auction as soon as an auction date is •determined• Rene' Bates Auctioneers, Inc, always personally contacts proven buyers of the type of vehicles and equipment each auction has. Upon receiving the initial inventory we begin to place phone calls to known buyers of your surplus assets. RBAI will work in conjunction with the Seller to receive Public Service Announcements (PSA) from local news media, These have been very effective in the past at getting the local community informed and involved in the online auction. Persons who will have a management position working with the City are listed below.. List project duties, summary of experience and qualifications of each. Rene' Bates - Vice President & Owner Rene' has been a professional auctioneer and business owner since 1966. He oversees the entire operation of RBAI. He is a life member of national and numerous state associations for the auction industry:. .He has been, an .invited speaker. at multiple .purchasing, con erenindiviclualsces, He is licensed and bonded in multiple states. Rene' and RBAI were one of the first 'and' companies to receive a Florida auctioneer's license as evidenced by the number assigned, ABAU55, when licenses were first issued in the State of Florida. Sheryl Bates - President & Owner Sheryl Bates is responsible for maintaining contracts, financial auditing of auctions and personnel. She will be the main contact for contract purposes for the City. Sheryl has been in the auction business for 10 years and holds licenses in Florida and Texas. Prior to that, she was a Vice President for JP Morgan Chase, N.A., managing one of its largest banking centers in the DFW Metro area for 20 years. Michelle Hates - Vice President ichelle has been in the auction business since•.a,cbild, •Ste has worked and been xesponsiblefor all aspects of live and online auctions. Her background hi the auction.bu"siriess'provides°her'wi'th " q the experience to advise clients on all types of surplus being sold. She will be the main contact `between the City anR d BAI: '-She will work directly with the City's designee when preparing the ' '` `oiitine auction:Michelle holds auctioneer licenses in the State of Florida and Texas. 10 ) 0 List any pending 'or completed lawsuits and judgments involving the corporation which are concerned directly with the proposer's organization. There are no pending or completed lawsuits or judgments involving the corporation or any of its principals with more than 10% interest; nor have there been any in the past five years. . . . • . •. • • . • . • . , • . • . • • • . • ' • . • . • . • • • • . . • . • • • • • . . . . . . . . . • . . . . . . . . . . . . . . . . . . 1, . • 5. METHODOLOGY AND OVERALL APPROACH TO SCOPE OF WORK' Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing an auction, in accordance with the Scope of Work. .Roles and Expectations for Rene ' Bates Auctioneers, Inc. ® RBAI will conduct online auctions for the City at their request ® RBAI will provide training for City staff regarding the online auction process including completion of forms, process for digital photography, electronic means to submit information to RBAI and other any other special training as required by the City. • RBAI will provide a Project Manager for the City .to. be available for personalized training of City staff as well as to address all questions and concerns of the City. • RBAI will assist the City with starting prices for each online auction item if so desired by the City. • RBAI will post all online auction information on www.renebates.com and display auction items for one month prior to the closing date of each online auction conducted. • RBAI will advertise all online auctions via normal advertising channels. • RBAI will email each of our online auction bidders when the City's online auction is posted, when a new item is added to the City's auction and the week prior to the City's online auction close date. • RBAI will collect all auction proceeds and applicable sales tax and generate E-Invoices for both the City and the buyers for each auction item sold. • RBAI will send Paid Receipts via email to the City's designees along with the successful bidder. • RBAI will remit all sales tax collected to the State of Florida • RBAI will remit all monies, less sales tax and commission, to the City. Roles and Exi ectations for the. Cit,> of Miarnr. • • • • ................... . • The City will provide all information on auction items to be sold. This information will include digital photographs of each item as well as a full description of the item being sold. For vehicles and equipment, the City will complete a Vehicle/Equipment Information Sheet. On miscellaneous items, the City will give a complete description of items included in each lot. • The City will provide onsite viewing of all auction items, on a date designated by the City, before the closing of each online auction for bidders to come and physically inspect all items, if they so desire. • The City will oversee checkout and removal of paid auction items. The City will utilize the Paid Receipt provided by RBAI to ensure proper checkout of items. • The City will complete all paperwork on titled vehicles and forward this paperwork to the successful bidder in the manner the City desires. 12 C) TRAINING SUPPORT Training for the seller is very minimal due to the fact that RBAI handles .all aspects of your online auction with the exception of gathering data on your surplus items. RBAI will provide training, as needed, to the seller as it relates to the completion of forms required to transmit your information to RBAI. We provide •the seller with the necessary faun to completely and accurately gather information on vehicles and equipment, which allows the seller to be confident in lmowing that they are sending all pertinent information needed to have a successful online auction. This is accomplished by merely filling in the blanks on the form we provide to you on any vehicles or equipment you wish to sell. This form, along with digital photographs of the item, is all that is needed from the seller.' For miscellaneous items, all that is required is a description of the item along with digital photographs and. then RBAI will finish the process from there. We are available to train any new personnel. on this procedure at your convenience and in the manner you prefer. We can train by telephone by taking the City designee through each step of the data gathering process while viewing actual items that are posted on our website. All pertinent disclosures for auction items will be added by RBAI to ensure the most protection for the City and RBAI. Method of contacting buyers (buyer database) Email notifications —Bidders who have signed up to receive email notifications are sent an email once a week regarding all auctions that have been posted that week as well as any auctions ' closing the next week. When a bidder places a bid on an auction item, they are automatically sent an outbid notice from our system in the event someone places a bid greater than theirs. This is done instantly from our system and gives the bidder peace of mind that they do not have to continually watch the auction to see if they have been outbid. RBAI will notify them in the event they are outbid and this gives them the opportunity to go back in and place another bid. When a bidder places a bid on an item, the' s5=stem ' i ill instantly tell therii if' they 'are the high •bidder' or if there is' a bid equal to or • greater than their bid amount. • Proxy Bidding — We have a Maximum Bid feature that allows bidders to place the highest bid they are willing to pay for an item. The system will then automatically place bids for this bidder up to their Maximum Bid amount. These automatic bids will be placed in increments set for that particular item and will only be utilized in the event it is necessary. If a bidder's Maximum Bid amount is exceeded by another bidder, they will be notified by email that they have been outbid and will have the opportunity to place another bid, if they so desire. Our bidders are very Comfortable with the feature in that allows the freedom to set their maximum price and not worry about missing any bids if they are away from the computer, The security of this feature does not allow any bidder to see the Maximum Bid of anyone else and under no circumstances does RBAI share this information with any bidder, 'Identity Protection —.All of our bidder's identity is protected with the .anonymity,of,a ;Bidder Number The Bidder Number is the only identifying feature that anyone:.eanisee on our:wel5Sg. • "rE = 'A.11 other infozznation;.such as name, address, phone numbers, etc, is used exclusively by RBAI. '= "All customer data on: oiir server is encrypted and all customer information to and from our server. is handled using Secure Socket Layer (SSL) connections. -Bidder • Updates - Active bidders are able to update their personal information via a secure website 24 hours a day and view current bidding activity also. 13 Site references Our website, vc ww.renebates,eom, contains a link from our home page that gives full information on our company including address, phone numbers and State license numbers. When a bidder accesses our home page, they click on the "Contact" link on the tool bar and it immediately brings up the "Contact Us" page. This page contains all information listed above along with a form to email RBAI with any questions or concerns. At the bottom of every page that can be viewed by the public on our website, you will find the information that is displayed at the bottom of the "contact us" page. Every public page displays, directly below our anniversary seal, our address, phone number, license numbers and email address. information available to potential buyers (data, photos, etc.) There is a variety of information available to potential buyers. When a buyer first accesses our website, auctions are listed in date and time order of which they are closing. This ensures that every single auction that is placed on our website will be the FIRST auction listed when its specified time and date for closing has been reached. This will guarantee that your auction will be easily accessible to the buying public. It also ensures that bidders are not required to perform lengthy searches to determine if you have an auction posted. When a bidder sees the auction listing they want, they simply click into the link for the auction from our home page. They will be immediately taken to the "title page" of the auction which lists all the pertinent details specific to that auction. The following two pages is art example of what they will see. All of the information posted regarding locations, contacts, inspection and removal were provided to us by our client. 14 OP "1`i•tr.: l'. Mh City of Fart Lauderdale, Florida -.Online Auction - CLOSED Cibses: March 23, 2011 Beginning at 12:00.PM CST (1:00 PM EST) ocatiori l LOCATION 1: City's Works Compound, 220 S.W. 14th Avenue, Fort Lauderdale, Florida 33312 (Behind the Police Station located at 1300 W. Broward Blvd.) .? Information: on!ineauctionga@fortlauderdale.gov LOCATION 2: 1901 NW 6th Street, Fort Lauderdale, Fort Lauderdale, Florida ?.Information: Contact Eugene McCoy at emccoy@fortlauderdale,gov bts:j Selling 50 Items Including: 2 Tractors, 2007 Freightliner FC60 with Johnston VT650 Street Sweeper, 3) 2005 CCC LET 26E 12 Cubic Yard Bulk Refuse Container Trucks with Tarp Systems, Construction 20 Yard Open Top Dumpster, Utility Body Pickups, Pickups, Automobiles, Seized Autos, Seized Pickup, ATVs, Mowers, Parking Enforcement Utility Vehicle, Utility Carts oriel;; Catalog - ALL ITEMS (50) - ATVS (2) - AUTOMOBILES (17) - DUMPSTER (1) - MOWERS (8) - PARKING ENFORCEMENT UTILITY VEHICLE (1) - PICKUPS (3) - REFUSE TRUCKS (3) - SEIZED i AUTOMOBILES (5) - SEIZED PICKUP (1) - SWEEPER (1) - TRACTORS (2) - UTILITY BODY PICKUPS (3) - UTILITY CARTS (3) INFORMATION: Location 1: on!ineauctionga@fortlauderdale;gov Location 2: Contact Eugene McCoy at (954) 828-6002 'INSPECTION ........................................ Location 1: Friday, March 18th from 9:00 AM - 3:D0 PM The City of Fort Lauderdale, Florida does allow vehicles to be started as well as allowing potential bidders to look under the hood, etc. during inspections, Location 2: By appointment only, please. ' PLEASE NOTE! This online auction has staggered ending times. When you click on "ALL ITEMS" (above) the first online auction item will close at 12:00 PM. Each online auction item will close one inute after the previous. For Example: The first online auction item closes at 12:00 PM. The second online auction item closes at 12:01 PM. The third online auction item closes at 12:02 PM. This will continue until all online auction items have closed. Also note that extended bidding is still in place. Therefore, if the first'online auction item goes into extended bidding the second online auction item will still close at 12:01 PM and the third online auction item will still close at 12:02 PM, etc. (unless they also go into extended bidding) while the first online auction item is still in extended -`bidding: This'Scenario applies to at online auction lots: If you have any.questions regarding • extended bidding, please contact us, • 'YOIJ WILL'NOT BE INVOICED FOR THE ITEMS YDU HAVE PURCHASED UNTIL THE ENTIRE ONLINE AUCTION IS OVER. iS':, IMPORTANT PAYMENT INSTRUCTIONS: Payment should be sent overnight payable to Rene' Bates Auctioneers, Inc. in the form of a cashier's check or money order to: . 15 . Rene' Bates Auctioneers, Inc. :' Attention: Online Payment Dept. 4660 County Road 1006 McKinney, Texas 75071 All payments for this auction must be received no later than 3:00 p.m., Tuesday, March 29, 2011. I PLEASE INCLUDE A COPY OF YOUR INVOICE WITH YOUR PAYMENT! If you are claiming purchases for resale OR if you are tax exempt, please include the appropriate fax form with your payment. The resale and exemption forms can be found on our website by clicking on the Help Menu and then "Forms". All previously submitted resale or exemption forms are kept with individual auctions so you must send a new form with each payment, We will not refund sales tax paid after a paid receipt has been issued so please ensure that your resale or exemption certificates are properly completed and submitted with your payment. There will be no exceptions to this policy. REMOVAL: All items must be removed by April 6 (10 business days from the auction close date - No Saturday or Sunday removal). IF YOU CANNOT REMOVE AUCTION ITEMS WITHIN 10 BUSINESS DAYS FROM THE AUCTION CLOSE DATE PLEASE DO NOT BID ON THE AUCTION ITEMS. THERE WILL BE NO EXCEPTIONS OR EXTENSIONS TO THE REMOVAL DATE. After the final day for removal a $25.00 per day, per item will be charged to the buyer for any items hat have not yet been removed, NOTE: ALL BIDDERS WILL BE CHARGED.APPLICABLE SALES TAX. iF YOU ARE A NON- RESIDENT DEALER (THIS MEANS YOU ARE NOT LOCATED IN THE STATE OF FLORIDA) YOU WILL BE REQUIRED TO COMPLETE AND SIGN AN "EVIDENCE OF AUTHORITY TO BUSINESS" STATEMENT WHICH WILL BE PRINTED ON YOUR INVOICE. YOU WILL NEED TO SIGN & RETURN YOUR INVOICE ALONG WITH EVIDENCE OF AUTHORITY TO DO BUSINESS IN YOUR HOME STATE. The most common form Evidence of Authority to do business is a copy of your sales tax registration number or occupational license number. Please note that the company ;.name listed on the Evidence. of Authority, must rnatch your registered bidder name. REGARDING TITLE PAPERWORK: Please contact onlirieauctionga@fortlauderdale.gov The Seller DOES NOT provide transportation or loading services for buyers to remove their merchandise. Any and all methods of lifting, towing, and hauling, as well as all other methods or requirements for the removal and transport of the materials, equipment and/or vehicles, is the sole responsibility of the buyer. If merchandise is not removed by the final day for removal, the ownership of the merchandise will revert back to the Seller and they may dispose of or re -sell the item at their discretion. Rene Bates Auctioneers, Inc. 4660 County Road 1006 McKinney TX 75071 Phone: 972-548-9636 Fax: 972-542-5495 Email Web -Dave 16 • From her; a bidder may choose to click into "all items" or a particular category. For this example, I have pasted the information below that a bidder would see if they clicked into "Sweepers". The description below would be displayed along with the photographs that were sent to us by the seller, In this case, this is an item for an auction that has already ended, Displayed, along with the description and photographs, is the final bid amount and the bidder number, We are able to post as much information as the client provides us. There is no limit to the number of pictures that can be posted with each item and the amount of information that may be posted. To see an example of what information is provided to our bidders, please look at www.renebates.com at any time to view any of the auctions being conducted. 2007 Freightliner FC60 with Johnston VT650 Street Sweeper; VIN 1 FVAB6BV97DX10743; 26,394 Kilometers Showing - not guaranteed; Cummins ISB 200 5.9L Diesel Engine; Auto; Bucket Seats; A/C; PS; PB; AM/FM Radio; Was running when taken out of service; Decals may be painted over; •AS -IS; Current Working Condition UNKNOWN; This item is USED and may contain defects that are not immediately detectable. Text description given is meant to be used as a guide only. You are responsible for inspecting item before bidding. All information provided is believed to be correct but NO warranty as such is either intended or implied. All items are sold AS 15 - WHERE IS and WITH ALL FAULTS and DEFECTS THEREIN. .(Location 1) 68600.00 29927 Method of collection of data and photos of sale items When a city begins utilizing online auctions withRBAI, they are given thorough training on the form below. The most important thing that can be clone to ensure the success of your online auction is to complete the forms on your inventory to be sold as accurately and. detailed as possible. This will help keep the City and RBAI out of any disputes in the future over misrepresented items. We encourage you. to use the knowledge and experience that we have gained from conducting auctions since 1966 and online auctions since 1999. We have learned -.what .to..look. for..and- what, to .wateh ,out Jon.. •• We will help .the City staff ,understand the importance of describing items accurately and help them recognize problems before they occur. - As you can see, the instructional documentation is very limited for the seller. As your auction company, it is our job to make the online auction process. as easy as possible for your staff All You do is provide the information to us on the items • you want to sell and we put them in a consistent format and post the auction to our website. You, the City, axe not required to input your own auction to our website. That is a standard service that we provide to you. We know that the City. employees have many other duties and the online auction process should.not take an enormous amount of their time. Once your information is sent to us, we will organize it, post it and add any pertinent disclosures to items that are needed. All you need to do is look it over once we have it posted and give us the okay to turn it on for bidding. Any City employee will be able to prepare a list of inventory for an online auction. There is nospecial training needed because our process puts the majority of the work on the auction . company, not the City. What we will offer to the City staff,is;the;experience and knowledge, of a ... licensed; anCtionoofripany that has continually conductedd.live auctions and. online auctions -since 1966 -and 1999 respectively: You will benefit from what,: we have learned after 45+ yearsinthe auction business and :one -of the Main thin.gs we have learned'is to, make the process :simple for the customer, • A COPY OF OUR \ L CLE 8.1('1 '0:12.MATION SIiET IS INCI',-UDED`N'SE'CTION:9.:':' ADDITIONAL TN -FORMATION - See Page 27.1 17 • • Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) The information listed below are some of the things that can be done to customize your auction for you. Auction dates and times are set based upon your preference and may be modified, if necess ary. Minimum Bid Requirements — This is the price that we begin bidding on your items. This price is set by the City along with recommendations from RBAI. Although our system does allow the feature "Minimum Not Met" we have not utilized it in the past. Our experience from conducting thousands of online and live auctions has helped us in assisting•the clients we work to set their Starting Price that helps them obtain the highest result. We have seen,tirne and time again items which are started with a price that is too high will discourage bidding activity. However, if the Starting Price is realistic, the bidding activity will be high on that item and more often than not the item will bring more than the City expected. We know the market on all items we are selling and we have the historical data from thousands of items to validate what an item should be started at and what it will most likely bring. This is where the experience and knowledge of a true auction company, one that has been in this business for 45+ years, benefits the City and results in the best prices for your auction items. Internal reallocation — This can be accomplished a couple of different ways. When the City has several internal departments offering items in the same auction, the lot numbers can be assigned to identify a particular consignor (e.g. Police Department would be PD101, PD102; Parks &• Recreation would be PR101, PR102, etc.) When this option is used, the accounting reports that are provided to the City will have each department's total broken down separately for use in your internal reallocation. The second way many Cities and Counties have accomplished internal reallocation is by conducting • separate auctions for the different departments. In This instance, the auction is specinc to that departinent including' City contacts; location of items and 'removal terms. Some City's prefer this option because it eliminates contacts from one department receiving bidder questions on items that belong to another department. Even though we are very specific when we post auctions .with more than one location and one contact, many bidders do not read this and will call the first person on the list. By conducting separate auctions for the departments; this eliminates the confusion issue on the bidder's side. Because online auctions can be conducted at any time, with any number of items, it is a very streamlined and simple process for any department to conduct their own auction. Private auctions — We have the capability of conducting private auctions. In the past, we have condu.eted private auctions when we have sold real estate for municipalities. Because of the value of the real estate, the municipalities wanted to ensure that only serious bidders were `' `'' `" ` ``• allowed to bid • on the real estate 'They required a larger deposit to: bid. on the,real. ;estate:One: .1'instance required a $10,000 'deposit and another had required a-$1:00000•deposit:because'of thee: '•`high•value of the' estate being sold. RBAI handled this entire -process .by posting. clearly-. on. the yvebsite that onlybidders-with the "special .deposit requirement" would be allowed to bid. . - •` Cashier's eheckis vaere sent to RBA.' for the amount specified and were held by our office until :.••the auctionhad closed. The cashier's checks were not deposited. After the auction closed, the unsuccessful bidders had their cashier's checks returned to them and then we forwarded, to the • 18 0 title company the City had requested, the cashier's check of the successful bidder. Even though all bidders accessing our site could view this auction, they could not bid on this private auction • unless they had met the deposit requirement. This scenario would work the same way for a "law enforcement only" auction and RBAI would verify requirements of the bidders before allowing them to bid on that auction. Dynamic Closing — Also known as auto -extend or extended bidding. Our system supports extended bidding. hi the event any item receives a bid within 5 minutes of its set closing time, it will automatically be extended for an additional 5 minutes. If another bid is placed on that item , at any timeduring that extended period, the item will automatically extend for another 5 minutes. This will continue until there has been no activity for 5 minutes. When an item has, gone into extended bidding, there will be an indication on the item that it has extended and will show how many minutes remain in the extended bidding. . Bidder Deposit Requirements — Bidders on our site are required to have a $100.00 refundable deposit in escrow with RBAI. The $100.00 has greatly reduced the number of defaults from winning bidders. This ensures that we have only serious, valid bidders on our site. We have found that when a bidder has the deposit at stake, they are much less likely to default on a bid. This deters anyone who is attempting to hurt the integrity of your auction by placing false bids or high bids that they have no intent to pay for. Any bidder that does not pay for their auction item forfeits their $100.00 deposit and they are banned from any future online or live auctions that. RBAI conducts. Ability to Copy Previous Auctions — All auctions conducted through our website are archived on our server, in addition to the copy retained in our files (both paper and CD-ROM).. Auctions can be recreated at any time if the City Makes the'request. In addition, once we have conducted an . online auction for the City, the static infolivation contained on.the City's "Title page" is kept on the City's dedicated workspace onbtu' server'to'be utilized for future• auctions: •This information can be changed or updated as necessary at a moment's notice. Site structure (dedicated., .shared) 1. HTTP address:'.www.renebates.com 2. Direct access. is available at all times by accessing www.renebates.com 3. Rene' Bates Auctioneers, Inc. has a dedicated web site to our online and live auctions hosted at the Rackspace Managed Hosting in San Antonio, Texas. Rackspace is one the largest web hosting companies in the United States and they utilize the latest technologies • and have an experienced and dedicated staff available for technical issues 24/7 for all their clients. 4. Our website is .hosted by Rackspace Managed Hosting in San Antonio, Texas. but all r'° information, maintenance; -and handling of the website.;is ,done=byH employees;: of Rene'. Bates Auctioneers, Inc. 5. ' We -offer expert technical support to bidders and selling ejtities,.,as swell as..24-hour site. monitoring, through -our- ISP; allowing for a 99.9%.uptime guarantee. All servers and conneetivrty'hardware are housed in a secure building with fully redundant power and multiple on•premises.backup generators. Our high performance, dedicated and redundant backbone network connections enable us to offer unlimited bandv'idth, providing 19 unlimited users full access to your auction. We accomplish this through multiple, triple redundant OC-3 connections via UUNET, MCI and GTE International network services.. These connections allow for scalable bandwidth to make sure all bids are accepted at the closing of each item without delay, which ensures that the selling entity will receive the highest possible selling price. Through our firewall network administrator and traffic shaping abilities, we are able to protect against almost all types of Denial of Service attack, hacking, and Internet saboteurs. Our site also supports Secure Socket Layer (SSL). transaction encryption, allowing bidders to confidently transmit their registration information over the web. 6. Site Statistics include all information required for a complete detail of your entire auction. • An example of. those Site Statistics include a monthly "bit" volume on our website which is broken clown by Hits per Hour, Hits per Day and Maximum and Average Hits per Hour and Day. 7, Software Ability and Functions 1, We have the ability to add or remove any and/or all auctions items at, any time during the online auction process, before the auction closes, at no cost to the seller, Once we receive a request from the City to add or remove an item, we have two dedicated people at RBAI to make those changes and they are done within 24 hours of receipt. U. We have the ability to add, delete,' re -list and/or make any changes to an auction item with no cost to the seller.. Once we receive a request from the City to add, delete, re -list or make any changes to an auction item, we have two dedicated people at RBAI to make those changes and they are completed within 24 hours of receipt. Items to•be re -listed for sale will be done after coordinating a new auction date with the City. III. We have the ability and a process in place to block bidders or cancel any bids on any 'items, being auctioned on; by bidders who have failed to comply with our online • Auction's•Terms and' C.onditions:.The online auction staff at RBAI is.able to .. • ...... •... • •. - block bidders or cancel bids within 5 minutes after receiving the request. We maintain our systems completely in-house and are able to make these changes at a moment's notice. IV. We have the ability to change any and/or all the information on auction items and inform all bidders of the changes to the auction items. If an auction item is changed. • after bidding has begun on an item, our system emails all bidders on the item to notify them of the changes At this point, they have the option to change or cancel their bid if they so desire. In addition, if significant changes are made to the item, the change is posted on that item in BOLD CAPS so that any bidders looking at this item know that it has been changed since it was originally posted. V. We have the ability and a process in place to validate all of' our online auction bidders. For items 111 and V, all our registered bidders are required to post a .' t`.;• • - -'-$-100 00'refundable deposit before bemg.:allowed to make a bid on„our system Tlixs deposit ensures -that we have valid, serious ,bidders bidding on your auction items. . T1iis: also'=elisuz•es that 'We have a minimal amount of non payments from our registered bidders. If- a registered bidder does not pay for their items within the =specified time frame, they forfeit their deposit and are permanently banned from all auctions through Rene' Bates Auctioneers, Inc. 20 • VI. Out system automatically invoices all winning bidders within 30 minutes of the time the auction closes. Their invoice includes a Lot number, Lot description, winning bid amount and applicable sales tax, if any. The invoice also gives the winning bidder complete instructions on how to make payment to Rene' Bates Auctioneers, Inc, VIT. When an auction item is paid for, a paid e-invoice is sent to both the buyer and the seller showing amount paid, method of payment and the buyer's • name. This invoice can be sent to as many different contacts as the seller requests. This invoice is what the buyer uses when he comes to pick up his merchandise and the seller knows that they must have received the email from Rene' Bates Auctioneers, Tnc. before releasing any merchandise. VIII. Upgrades are made to our system upon our request on an as needed basis. Upgrades in the past have been a result of our requests to add features that are unique to our auctions. We also consider customer suggestions when adding or upgrading features. These upgrades are always done in a timely fashion, sometimes same day or others might take longer in order to get the program written for the upgrade and the testing completed, All upgrades are fully tested on a private network before being implemented on the www.renebates.com server. Location of sale items (agency site or contractor's site, pickup method, etc.) For interact auctions, sale items will always be located at the seller's location. There is no need to move items to one central location within the City. The goal of an online auction should be to make the process as simple and inexpensive as possible for the seller. Instead of utilizing manpower to move items around to a central location, items may be sold from multiple locations throughout the City. We will work with the City to maximize the manpower and resources as it relates to the online auction process. Rernnoval or -pickup of items will be handled as the City dictates. The City may choose certain dates and times for removal or inay require appointments to be scheduled. Every step of the auction will be handled as the City chooses and we will obtain this info.culation from your designee and ensure that the bidders are always aware of the entire process as well by posting it in a consistent manner on our website. Method of payment for sale items (direct to agency or to contractor) RBA"' accepts payment for auction purchases in the form of cash, cashier's check or money order within 4 days of the close of the auction. In addition, we are able to accept wire transfers upon request. For the $100.00 refundable deposit only, we allow our bidders to send us money via Pay Pal. The use of Pay Pal fox the payment of the $100.00 refundable deposit allows bidders to •. remit these funds instantaneously. • • This is a convenience., tool., for.ttie.bidders ,who.;do; not. ant ;to . obtain and snail a'casliier's hhceck or:money order and also-aceoir niodates thosebidders thatWart ''= Until `tlie last•zniriute to• ilecide`they want to bid.. Pay Pal is..a very.qu:ick and reliable way for -bidders to remit•their $100.00 refundable deposit. RBAI has chosen not to accept credit cards as payment for auction purchases. The two main reasons for this decision are the fees associated with credit cards that we cannot pass on to the 21 0 • buyer and the fact that payment by credit card can be charged back and disputed for up to six months after the transaction. Because of the type of merchandise we are selling (Surplus being sold AS -IS, WHERE -IS) this would not work for us because in effect, because of the charge back policy on credit cards, we would be giving a six month warranty or guarantee which we absolutely cannot do, The accounting process begins when the auction has closed and invoices are sent to the buyers. At this point, the process will be different depending on if RBAI collects the money for the City's auction or if the City chooses to collect the money. When RBAI collects the money, payments are sent directly to RBAI in the form of cash, cashier's check or money order. Once payment has been received, the payment is verified against the invoice. If the buyer is claiming Resale or Exempt status, we make sure the buyer has sent in the appropriate form required by the State of Florida. Once this is verified, a Paid Receipt is emailed to the buyer and to the City. At this point, the buyer is able to take their Paid Receipt to the City and pick up their item. Once all proceeds have been collected, your auction is reconciled and payment is sent to the City along with a Recap Letter and copies of all reports. Below is a listing of the reports that, are provided. We also reconcile the sales tax collected on your sale and remit those funds to the Florida Department of Revenue via our online filing account with the State of Florida at the end of each month. PLEASE NOTE THAT WE HAVE A SALES TAX PERMIT WITH THE STATE OF FLORIDA WHICH ALLOWS US TO COLLECT AND REMIT SALES TAX ON YOUR BEHALF. lF YOUR AUCTION COMPANY COLLECTS YOUR AUCTION PROCEEDS, THEY MUST HAVE A VALID SALES TAX PERMIT TO LEGALLY COLLECT THE SALES TAX IN THE STATE OF FLORIDA. If the City chooses to eollect their funds, -they certainly have. that. option: .However; most of our clients prefer that we collect the money to keep that responsibility off of the City employees. COLLECTION PROCESS IN PLACE BY RENE' BA'1'.S AUCTIONEERS, FOR YOUR AUCTIONS . We require each bidder to post a $100.00 refundable deposit to ensure that each of our bidders is a valid, qualified bidder. • This deposit method has been implemented fox the protection and security of each of our bidders, as well as for the protection 'and security of our sellers. Each bidder knows that all bidders are valid and that they have met the sarn e requirement to be able to bid online. The $100.00 deposit is fully refundable. It activates the bidder's account and, once activated, they can bid on any auction items in all online auctions conducted. In the event that a bidder keg .not pay for' an item; their .$100.00 is forfeited and, they. are: banned from;.all .auctions .: cothatnducted by RBAI; live or 'online. We have found the $'100.00 refiva.sable deiosrt 'laas greatly:reduced defauIts .on auction items. With this deposit, the bidders have a.stake in their bidding actidnsr and are much less likely to bid on an item they have no intention .of paying for. Ifa•siiccessful bidderrhas not paid for their item within the 4 days required on our website, RBAI will begin our process With the bidder to secure payment, *.This is just one more service that we offer to' you, The City staff will not be required to do any extensive follow up that may be 22 needed with any late payments. We -will keep the City appraised of all communications that we have with the bidder until resolved. . If an item ultimately is not paid for, we will report the item at no charge to the City at their discretion. We can also attempt to go to a back-up bidder if the City so desires. This is all done at no additional cost to the City. REPORTS AVAILABLE TO TIM SELLER The following reports are provided to the Seller at the conclusion of each auction. In addition, these reports can. be obtained by the Seller directly from our website by accessing our archives, which will be provided to each Seller upon their request. The "Auction Totals" page shows the following: a. Number of Items in auction b. Items with bids c. Standard bids d. Maximum bids e. Total bids f. Current total (final auction results) The Title Page details the following: a. Name of Entity b. Date and Time of Auction c. Location of auction d. Highlights of items being sold e. Categories of items included in auction f. Notes regarding auction including inspection dates and times, contact persons, staggered g. Additional terms of auction including removal terms, information regarding sales tax, information on how title work is handled and statement regarding $25.00 storage fee h, Contact infoiniation for Rene' Bates Auctioneers Inc, The Auction Results report includes: a, Item or Lot Number b. Full description of item being sold along with all disclosures added by Rene' Bates Auctioneers, Inc. c, Final Sales Price d. Winning Bidder Number e. Also included on this report on the first page at the top right is the name of the selling entity and date and time of closing of the auction. A'"Paaid Receipt is •serit'to the.Seller.when payment as been received. The irifornxation that will always be found on a paid receipt is: a.' It will always be sent from'a @renebates.eom email address. -• b. It Will have the distribution list that has been given to us by the Seller •' c. The Subject Line will state "Paid Receipt — Bidder No. # ` ' ' 23 d. It will state "Paid Receipt" again in .the body of the email, list the name of the selling entity and the internal sale number we utilize e. The receipt will then show "Paid", the dollar amount received and what fonii of payment was received (Le. cash, cashier's check, money order, wire transfer) I. The Bidder's• number, name, address and phone numbers will be listed next. g. The items that were purchased will be listed with their item number and full description. h. The Taxable and Non -Taxable Totals will be showing. If tax is paid, it will reflect the amount paid. If tax is not being paid, it will show either "Resale" or "Exempt" where the tax should be. i. The Removal Terms will be on the final paid receipt along with any other pertinent information the selling entity has given us. j. . These paid receipts are sent .to the selling entity and to the winning bidder. The winning bidder uses the receipt to pick up their winning items from the selling entity. THESE REPORTS ARE AVAILABLE TO YOU IN THE FOLLOWING FORMATS FOR THE FOLLOWING TIME PERIODS: Your Auction Totals page and Title Page can be obtained from Rene' Bates Auctioneers, Inc. at any time by requesting them. They will be mailed to you upon completion of your auction and they can be emailed, if requested and will be available for a minimnm of three years. The Auction Results will also be mailed upon completion of the auction and can be emailed also. Your auction results are archived on our website indefinitely and can be pulled up at any time by searching our history function for your auction. In the event any of your staff wishes to utilize this function, simply call our office and we will provide the instructions for our archived auction section. Your auction results will be available for three years. The paid receipts can be reproduced (email, mail, •fax) at any time if the Seller is in need of another copy for their records and will be available for three years afterthe date of the auction. All of'these reports' can be reproduced for: -the Seller at anytime.. We have records of. all online auctions that we have conducted since 1999 and• will be happy to assist with any request of. reports needed. 24 6. PRICE/COMPENSATION •PROPOSAL Each proposer shall use the Price/Compensation Proposal document to submit its price proposal. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyer's premium. Successful Proposer shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. PRICE/COMPENSATION PROPOSAL ATTACHED - See Page 25.1 7. AVAILABILITY Indicate current and anticipated workloads and availability. Identify the extent and nature of any anticipated outside support (subcontracting) that will be necessary to complete the services herein. Identify each support vendor by their trade. The City reserves the right to reject any proposed firms used as outside support. We are currently conducting online auctions on a daily basis. We are available for online auctions for the City of Miami at any time of their choosing. Auctions are conducted on our website 24 hours a day 7 clays a week, All auctions are given closing tunes during normal business hours but bidding takes place 24/7. We will not be utilizing any subcontractors for the . performance of this :contract. . 25 RFP 27(1254 .PRICE/COMPENSATION PROPOSAL AUCTION SERVICES INSTRUCTIONS: Proposer. shall use this document to submit its' price/compensation proposal for Group 1, Group 2 OR BOTH. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shalt submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. Failure to submit price/compensationproposal as reauir•ed and at time of proposal submittal shall disaualifjp Proposer from consideration. GROUP 1: ON -SITE AUCTION SERVICES Line: 1.1 Description: • Commission Charge for Gross Sales: %. OR Line: 1.2 Description:. Buyer's Premium for Gross Sales: GROUP 2: INTERNET AUCTION SERVICES Line: 2.1 Description: Commission Charge for Gross Sales: . OR Line: 2.2 Description: Buyer's Premium for Gross Sales: % Sil& Lac-14.0 • Print Name' ( • / 8. OTHER Provide a summary of any litigation filed against the proposer in the past three (3) years which is related to the services that proposer provides in the regular course of business. The summary shall state the nature of the litigation, a brief description of the case, the outcome or projected outcome, and the monetary amount involved. NONE Certifications: If proposer is a corporation, provide certification from the Florida Secretary of State verifying proposer's corporate status and -good .standing, and in the case of out-of-state corporations, evidence of authority to do business in the State of Florida, Submit occupational license/business tax receipt from Entity where business is located. Attachments are: Page 26.1 - 2011 Florida Annual Resale Certificate for Sales Tax i/n/o Rene' Bates Auctioneers, Inc. Page 26.2 - Certificate of Authority for Rene' Bates Auctioneers, Inc. from State of Florida authorizing company to transact business in the State of Florida Florida Auctioneer License issued by the State of Florida Department of Business and Professional Regulation for: Page 26.3 - Rene' Bates Auctioneers, Inc. License No. AB55 Page 26.4 - Rene'.Bates, License No. AU55 Page 26.5 - Sheryl Lynn Bates, License No. AU4025 Page 26.6 - Michelle Renee Bates, License No. AU2085 Page 26.7 -• Verification of Texas Auctioneer's License issued by the Texas Department of Licensingand Regd1ationi fox? • .. Rene' Bates, License No. 6644 Sheryl Lynn Bates, License No, 15025 Michelle Renee Bates, License No. 12100 Page 26,8 - Texas Franchise Tax Public Information Report for 2011 26 it -41ITIIS CERTIELVAT EXPIRES4'ON DECEMBEFi `3. - .r' ..i-L'.g� -G; _-_.,'y'+± s.`.lce,�{�!rr�u �iVL?ME�i�a .�` urx � '�1,;3rne �' ion A ibnes'. r = sr q '. v i ° ..ii ,. -` `ro ' ? ^.-_ :57 A : s Tri s iisiick rLti,`stl a vall ggiibe, grsot ?� P�P ellaseclOK: t p�tPr° �r : Efi -uvz:Dat. e ab° rif esssar „a. ? ya nal _o. _,.. i" R al�eia-slanmbl4 --- --- p `'-w - R ton,. oa d sale{ias cart otYn. Py�T---4k �R-C 2ntaltassanaiba �,ronAWM y �s ° .� ?+ ,';_;r'±T✓fr3":::F?2%i:=ri nis_certifieate .;annot pe reassJgnedhor rcansre rzd i4 ertiitca fir(; se��tn�µ�nry�Fe a�1�G,��rr,�}eSiv�ll�sub�>cf•-rhw�ussr_tp;p�e�n:al�i�e�_ • W RreSented'fo aF "T.,,_•..., !(�nswi�riameT�o�ijs9ler'oFofoPYI'-"tic' ✓'.+ _ .—...._m_..�_. o� I certify from .the records • of this office that RENE' BA'I'.ES AUCTIONEERS, INC. is a corporation organized under the laws of Texas, authorized to transact business in the State of Florida, qualified on June 19, 2008. The document number of this corporation is F08000002745. I further certify that said corporation has paid all fees due this office through. December 31, 2011, that its most recent annual report was filed on January 5, 2011, and its status is active. - I further certify that said corporation has not filed a Certificate of Withdrawal. Given wider nj, hand and the Great Seal of .Florida, at Tallahassee, the Capital, this the Twenty Seventh day of May, 2011 Seereta of State...::.:: Authentication ID: 400208225794-05527i1-F08000002745 To authenticate this certificate,visit the following site, enter this ID, and then follow the instructions displayed. bttps:/leiiie.sunbiz. org!certauthver.html STAT.E OF FLOF -.-n; DEPARTMENT Oi BUSINESS AND PROFESSIONAL REGULATION PFLORIDA BOARD OF AUCTIONEERS • 1940 NORTH .MONROE S TREET '• TALLAHASSEE FL 32399-0783 RENE' BATES AUTIONEERS INC 4660 COUNTY ROAD 1006 MC KINNEY TX 75071-6614 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our, professionals and businesses range from architects to yacht brokers, from •bogers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www,myfloridalicense.com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. ir"----'`,ur mission at the Department Is: License Efficiently, RegulateFairly. We „anstantly strive to serve you better so that you can serve your customers. T.s L.,re••,7risso under the pol,.1 ed, aria, of". 'Thank you for doing business in Florida, and congratulations on your new license! • - — • . • •• '.• d Crt 2-011 -1§0,,,9.0 gp,110:243...ce7, (850) 487-1395 STATE.O.F F.4.0. ID A . ' 7:F1S- ' --E. ' - ''''' - • :P. •'. ..,,,,_ :•:,.....,. 0— +..,:-.2.1-. 01q%., , . •..%=, ...2ZON ,,, ... ..'• .... • 1•4B•5•5 .'• -. ••;.0$?3,ZA07P• '' ,9.0IO•i*:2.-.5•6.8 AUCTION Bw.I.TWitqs - : • RENE' BAT:5320, TAtiBI:ON.E.ERV I N.:5±tfo. .:( INIEY DETACH HERE. DTT,In.1R8 INC 44)&6. •• • .• . :,,:.•-,!,i.".:••••.•;1 • . . • • • • .............. • ...... • • .•„ ....• ' • STATE OF FLOR...., % L., DEPARTMENT OF 'tt8t1\tESS AND PROFESSIONAL FLORIDA BOARD OF AUCTIONEERS " 1.940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 BATES, RENE • 4660 COUNTY ROAD 1006 MCKINNEY TX 75071-6614 Congratulstionsl With this license you become one of the nearly one million • Floridians licensed by.the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.rnyfloridalicense,com. There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. (---"ir mission at the Department is: License Efficiently, Regulate Fairly. We Thank you for doing business in Florida, and congratulations on your new license!. „11 -1II - '33200l01901,i DETACH HERE 4'58 FS . 2;011 75071-664 REGULATION (850) 487-1395 s9AT8 opft:/o0A.. AC' -„ .ti5AF.allgEM R.P.,SZMEO 71/22flD. •:tints7i14gtrogkit. ;.74.55 • 0E3.0.14.9X1,1W114VP70 • • • • XurcTiSoNEER- 13;krft.:s, ENE. 14egii,p..7_,T). wicrey tlag: ;R:.^ovi4 • XI% • • . • • (850) 487-1395 A55147ft, STATE OF FLORIDA ji =�y '„ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION Su� zcr4?-11 1 FLORIDA BOARD OF AUCTIONEERS 1940 NORTH MONROE STREET `°oowciro" TALLAHASSEE • FL 3.2399-0783 ( ) • BATES, SHERYL LYNN 4660 COUNTY ROAD 1006 MCKINNEY TX 75071 Congratulations! With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbeque restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better. For information about our services, please log onto www.myfloridalicense.com, There you can find more information about our divisions and the regulations that impact you, subscribe to department newsletters and learn more about the Department's initiatives. . Our mission at the Department is: License Efficiently, Regulate Fairly, We constantly strive to serve you better so that you can serve your customers. .'hank you for doing business in Florida, and congratulations on your new license! • DETACH HERE STATE OF FLORIDA ,c4;\ ss\ DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION FLORIDA BOARD OF ATICTIONEERS 1940 NORTH MONROE STREET TALLAHASSEE FL .32399-.0783 BATES, MICHELLE RENEE 4660 COUNTY ROAD 1006 MCKINNEY TX 75071-6614 Congratulation& With this license you become one of the nearly one million Floridians licensed by the Department of Business and Professional Regulation. Our professionals and businesses range from architects to yacht brokers, from boxers to barbe'que restaurants, and they keep Florida's economy strong. Every day we work to improve the way we do business in order to serve you better, For information about our services, please log onto www.myfloridalicense.com. There you can find more information about our divisions and the regulations that Impact you, subscribe to department newsletters and learn more .about the Department's initiatives. • Our mission at the Department is: License Efficiently, Regulate Fairly. We constantly strive to serve you betier so that you can serve your customers. (—Thank you for doing business in Florida, and congratulations on your new license! • • ti131.'i DETACH HERE • STATE .,C* . , :..Ter•IOR'ID171; •'''BOARDcf-gF IZZENS 'NSW • . . •'$'- • • • • • • • • • (850) 487-1395 . . . ,.. • ; • . ,; Horne About TDLR Result - 01 pt of Licensing and Rogutaition fmrbFoip ria0p*A.V0m.Cy. of the Statse of Texas Emnlovment Contact Us Texas Department of Licensing and Regulation Result Listing Name and Location Other Information BATES, RENE 4660 COUNTY ROAD 1006 MCKENNEY TX 75071 County: COLLIN Auctioneer License*: 6644 Expiration Date: 01/31/2012 Type: N/A Phone: (972) 548-9636 Home About TDLR Einolovment Contact Us . . . Result - 01 Pagel of 1 ent of Licensing anc Regulation umbre./Jatideiwtrig j:gOrrOy.,,of the s:#ate.,, of.,Texas Texas Department of Licensing and Regulation .Result Listing Name and Location Other Information • . BATES, SHERYI, LYNN 4660 COUNTY ROAD 1006 MCKINNEY TX 75071 • • County: COLLIN • • Auctioneer License #: 15025 Expiration Date: 07/07/2012 Type: N/A . Phone: (972) 548-9636 Page 1 of 1 atmen;t of Licensing and Regulationi The uirri6reita fithiasjoggl.77y• of the,. 49.tate. of Texas. Home About TDLR_Ernolovro ent Contact Us Name and Location BATES, MICHELLE RENEE 4660 COUNTY ROAD 1006 MCKINNEY TX 75071 County: COLLIN Other Information Auctioneer License #: 12100 Expiration Date: 02/08/2012 Type: N/A Phone: (972) 548-9636 TX2O11 TEXAS FRANCHISE TAX PUBLIC INFORMATION REPORT VER. 2. 0 Q5-102 To.be Liability Companies (LLCS) and Financial Institutions (9.09/29) This report MUST be signed and filed to satisfy franchise tax requirements r — 1 E Tcode 13196 T axpayer number 17517183822 7axpoyor name RENE' BATES AUCTIONEERS, INC. Mailing address 4660 CR 1006 • C Report year 2011 You have certain rights under Chapter 5528nd 559, Government Code, to review, request, and correct information we have on Ole about you, Contact us al: (512) 463.4500, or (300) 252.1361, loll free nationwide. City MCKINNEY X State TX ZIP Code Plus 4 175071 Secretary of State file number or Comptroller file number 0048209200 Check box it there are currently no changes from previous year; if no information is displayed, complete the applicable information in Sections A, B and C. Principal office 4660 CR 1006, Principal place of business 4660 CR 1006, Please sign below! MCKINNEY, TY, 75071 MCKINNEY, TY 75071 Officer, director, and member information is reported as of the dale a Public Information Report Is completed. The information is updated annually as part of the franchise lax report. There is no requirement or procedure for supplementing the information as officers, directors, or members change throughout the year. SECTION A Name title and mailing address of each officer, director or member. 1751718382211 Name RENE.' BATES Title: . S/T . Director X Yes m m d d y y Term expiration Mailing address •4660 CR 1006 City MCKINNEY State TX ZIP Code 75071 Name MICHELLE R BATES Title -VP Director YeS fir m d d y y Terre expiration Mailing address 4660 CR 1006 City MCKINNEY State TX ZIP Code 75071 Name SHERYL L BATES Title PRESIDENT Director L Yes in m d d y y Term expiration Mailing address. 4660 CR 1006 City MCKINNEY State TX ZIP Code 75071 SECTION B Enter the Information required for each corporation or LLC, if any, ut which this entity owns an interest of len percent (10%) or more. .Nme of owned (subsidiary) corporation dr limited liability company . . . . • . State of lormallon • • Texas SOS file number,.if.any, . . Percenage of Ownership . . Name of owned (subsidiary) corporation or limited liability company Stale of iorinelion Texas SOS file number. if any Percentage Of Ownership SECTION C Enter the information required for each corporation or LLC, •1 any, that owns an interest of ten percent (1010) or more in ,this entity er limited 1iabfllly company. Name of owned (parent) corporation or limited liability company Stale of formation Texas SOS file number. If any Percentage of Ownership Registered agent and registered office currently on file, (See instructions if you need lomake changes) Agent; RENE' BATES Office: 4660 CR 1006 City ..MCKINNEY Check box If you need forms to change the registered agent or registered office information. Stale TX ZIP Code 75071 The above information i5 required by Section I71,20a of the Tax Code foreach eorporalion or limited liability company that files a Texas Franchise lax Report. Use addlional sheets for Sections A, 8, and C, if necessary. The information will be available for public inspection. declare bat the informalion in Ihrs docurrent and any attachments is true and co red to the best of my knowledge and belief, en of the date below, and that a copy of this report has . been mailed to each persp0, npiy0ed in tigi4 caper; who is an pincer. director or member and who rs not currently employed by this,or a related, corporation or limited liability company. sign0_ here. Title SECRETARY Date VE/DE Area code and phone number O PIR IND O 9. ADDITIONAL MORMATION Any additional information which the proposer considers pertinent for consideration should be included in a separate section of the proposal. Furthermore, Proposer shall provide a statement about why the proposer feels its approach would be the most cost effective to the City. We have chosen to submit our price for this proposal in the form of a commission charge rather than a buyer's premium. Rene' Bates Auctioneers, Inc, has not yet used the Buyer's Premium because we feel that bidders do not like to be charged to bid on your auction. In addition, since we work primarily for governmental clients, all of those clients to date have prohibited us from charging a buyer's premium on their sales. We have also been told by the buyers that the "premium" causes them to adjust their bid price down in order to reflect the buyer's premium that they know will be added to their final bid. We feel that because we charge our commission to the seller, you will receive the highest results possible on your surplus items. RBAI will use our years of experience in conducting auctions in the State of Florida. to ensure that monies are collected properly on your sale and that all sales tax is collected and remitted according to Florida statutes and will retain these records for the City of Miami as it relates to these issues. VEHICLE & EQUIPMENT INFORMATION SHEET REFERENCED IN SECTION 5 INCLUDED HERB - Page 27.1 27 Owner: Year: VIN/Serial Number: Mileage: Vehicle/Equipment Information Sheet (VS) on.- f T. 1-r ill irro Tint 1: (Lit n. uutt elf # \ALJL 466D CR 1006 McKinney, Texas 75071 Phone 972-548-9636 • Fax 972-542-5495 • Email auctionrenebates.com Make: Asset/Item/Unit or Vehicle Number: Model: Hours (if applicable): Date: Engine Size: Gas: D Diesel: LJ Propane: 0 Other: 0 Type: Make: Transmission: Automatic Manual 0 Other: • Make: Interior: Type of Seats Bucket 60-40 fl Bench E Vehicle Equipment: ( --\) Yes A/C 0 PS . 0 El Air Brakes........... 0. . 0 Floor Mats: . POVverl Windows ' : ' • • • 0 • Power Locks 0 El Spotlight . 0 El Rear Window Defogger I: CD Trunk Release 0 D No Exterior Damage: Repair Remarks: (work done recently -.include dates) Known. Defects: • • • Other General Remarks or Descriptions: - Location: Contact Name/Email/Phone: Rubber ID Carpet LJ Yes No AM Radio 11 El FM Radio El 0 CD El Cassette E D Does it Run . • • • • • 0 • 0 Is it Road Worthy CI El is it a Seized Vehicle E 111 Does it have a Title fl 0 Is it a Salvage Title fl E1 Does it have keys E (a`R, I-- • Certification Statement Please quote on this form, if applicable, net prices for the item(s) Iisted, Return signed original and retain a copy for your files. Prices should include all costs, including transportation to destination. The City reserves the right to accept or reject all or any part of this submission. Prices should be firm for a minimum of 120 days following the time set for closing of the submissions. In the event of errors in extension of totals, the unit prices shall govern in determining the quoted prices. • We (I) certify•that we have read your solicitation, completed the necessary documents, and propose to furnish and deliver, F.O.B. DESTINATION, the items or services specified herein. The undersigned hereby certifies that neither the contractual party nor any of its principal owners or personnel have been convicted of any of the violations, or debarred or suspended as set in section J 8-107 or Ordinance No. 12271. All exceptions to this submission have been documented in the section below (refer to paragraph and section). EXCEPTIONS: We (1) certify that any and all information contained in this submission is true; and we (I) further certify that this submission is made without prior understanding, agreement, or connection with any corporation, frm, or person submitting a submission for the same materials, supplies, equipment, or service, and is in all respects fair and without collusion or fraud. We (i) agree to abide by all terms and conditions of this solicitation and certify that I am authorized to, sign this submission for the submtttr. Please print the following and sign your name: l PHONE: q,`PW .54 -To 10 FAX: + la_ 0,5g95 E1�lAB : 311 e 7.L , l re h6 -frc. e.a344PER. / / 7 0 SIGNED BY- � X ( r� --�_ sheiwi!,-'".,L+e J TITLE:`' SUPPLIER NAME;.... eh Li:u.c..1-7t) I'i ee..gc. . ADDRESS: Lid(PO Or/ / Lb° DATE' r 1 FAILURE TO COMPLETE. SIGN, AND RETURN TFIIS FORM' SHALL DISQUALIFY THIS BID. Page 2 of 37 Certifications Legal Name of Firm: e h P; L >�s list 'Dn e eS_S L Entity Type: Partnership, Sole Proprietorship, Corporation, ete. p Year Established: Office Location: City of Miami, Miami -Dade County, Wn In (0 )lc)( X2 11 PiJOd 1. al 1 / , 1 /"1 >`i ,i l )C 15 7 / t Business Tax Receipt / Occupational License Number: . A6 .-LA 5 5 c f-d PV- 5 q t-,cP u a o 8 5 Business Tax Receipt / Occupation 1 License Issuing Agency: r r� irVia - 49, f o-F vuKi nes.'9 Yri),,G,c,/brbf,/ l � I)latj5 Business Tax Receipt / Occupational License Expiration Date: u 3PJ�aC�1 f Respondent certifies that (s) he has read and understood the provisions of City of Miami Ordinance No, 10032 (Section 15-105 of the City Code) pertaining to the implementation of a "First Source Hiring • Agreement,': Os.or No) U. Do you expect to create new positions in your company in the event your company was awarded a Contract by the City? (Yes or No) In the event your answer to question above is yes, how .many new positions would you create to perform this vrork? Please list the title, rate of pay, summary of duties, number of positions, and expected length or duration . of all new positions which might be created as a result of this award of a Contract. Will Subcontractors) be used? (Yes or No) • Page 3 of 37 Please list and acknowledge all addendum/addenda received. List the addendum/addenda number and • date of receipt (i.e, Addendum No. 1, 7/1/07). 1ThoMiindnmJaddenda 'was/were issued, please insert • N/A. M P106,0 M. r D. 1s - gx7_,st 0,ed .• • Page 4 of 37 "EXHIBIT C" SCOPE OF SERVICES (Scope of Services to follow this cover pace) INTERNET AUCTIONS The Proposer may include in their proposal their methodology (if any) for auctioning through the use of the Internet. The proposal should explain: • History/experience with Internet auctioning • Site references • Method of contacting buyers (buyer database) • Information available to potential buyers (data, photos, etc.) • Method of collection of data and photo of sale items • . Method of auctioning (set minimums, deadline date and time, modified deadlines, etc.) • Site structure (dedicated page, shared) • Location of sale items (agency site or contractor's site, pickup method, etc.) • Method of payment for sale items (directly to agency or to contractor) S. METHODOLOGY OVERALL APPROACH TO SCOPE OF WORK Proposer shall explain the Scope of Work as understood by the proposer and detail the approach to preparing for and providing an auction, in accordance with the Scope of Work. Roles and Expectations for .Rene' Bates Auctioneers, Inc. • RBAI will conduct online auctions for the City at their request • RBAI will provide training for City staff regarding the online auction process including completion of forms, process for digital photography, electronic means to submit information to RBAI and other any other special training as required by the City. 8. • RBAI will provide a Project Manager for the City to ' be available for personalized training of City staff as well as to address all questions and concerns of the City. • RBAI will assist the City with starting prices for each online auction item if so desired by the City. • RBAI will post all online auction information on www.renebates. com and display auction items for one month prior to the closing date of each online auction conducted. • RBAI will advertise all online auctions via natural advertising channels. • RBAI will email each of our online auction bidders when the City's online auction is posted, when a new item is added to the City's auction and the week prior to the City's online auction close date. • RBAI will collect all auction proceeds and applicable sales tax and generate E-Invoices for both the City and the buyers for each auction item sold. • RBAI will send Paid Receipts via email to the City's designees along with the successful bidder. • RBAI will remit all sales tax collected to the State of Florida • RBAI will remit allmonies, less sales tax and commission, to the City. .Roles.and.Expectations.for. the .City ofMiami • The City will provide all information on auction items to be sold. This information will include digital photographs of each item as well as a full description of the item being sold. For vehicles and equipment, the City will complete a Vehicle/Equipment Information Sheet. On miscellaneous items, the City will give a complete description of items included in each lot. • The City will provide onsite viewing of all auction items, on a date designated by the City, before the closing of each online auction for bidders to come and physically inspect all items, if they so desire. • The City will oversee checkout and removal of paid auction items. The City will utilize the Paid Receipt provided by RBAI to ensure proper checkout of items. • The City will complete all paperwork on titled vehicles and forward this paperwork to the successful bidder in the manner the City desires. __..,, • n TRAINING SUPPORT Training for the seller is very minimal due to the fact that RBAI handles .all aspects of your online auction with the exception of gathering data on your surplus items. RBAI will provide training, as needed, to the seller as it relates to the completion of fowls required to transmit your information to RBAI. We provide the seller with the necessary form to completely .and accurately gather information on vehicles and equipment, which allows the seller to be confident in knowing that they are sending all pertinent information needed to have a successful online auction. This is accomplished by merely filling in the blanks on the form we provide to you on any vehicles or equipment you wish to sell. This form, along with digital photographs of' the item, is all that is needed from the seller. For miscellaneous items, all that is required is a description of the item along with digital photographs and then RBAI will finish the process from there. We are available to train any new personnel on this procedure at your convenience and in the manner you prefer. We can train by telephone by taking the City designee through each step of the data gathering process while viewing actual items that are posted on our website. All pertinent disclosures for auction items will be added by RBAI to ensure the most protection for the City and RBA'. Method of contacting buyers (buyer database) Email notifications —Bidders who have signed up to receive email notifications are sent an email once a week regarding all auctions that have been posted that week as well as any auctions closing the next week. When a bidder places a bid on an auction item, they are automatically sent an outbid notice from our system in the event someone places a bid greater than theirs. This is done instantly from our system and gives the bidder peace of mind that they do not have to continually watch the auction to see if they have been outbid. RBAI will notify them in the event they are outbid and this gives them the opportunity to'go back in and place another bid. When a bidder places a bid on an item, • . • the system • will instantly tell them if they are the high bidder or if there is a bid equal to or greater than their bid amount. Proxy Bidding — We have a Maxiinum Bid feature that allows bidders to place the highest bid they are willing to pay for an item. The system will then automatically place bids for this bidder up to their Maximum Bid amount. These automatic bids will be placed in increments set for that particular item and willonly be utilized in the event it is necessary. If a.bidder's Maximum Bid amount is. exceeded by'another bidder, they will be notified .by email that they have been outbid and will have the opportunity to place :another bid, if they so desire, Our bidders are very comfortable with the feature in that allows the freedom to set their maximum price and not worry ---- about missing any bids if they are away from the computer: The security of this feature does not allow any bidder to see the Maximum: Bid of anyone else and under no circumstances does RBAI share this information with any -bidder. Identity Protection — All of our bidder's identity is protected with the anonymity of a Bidder Number. The Bidder Number is the only identifying feature that anyone can see on our website. All other` information; such as name, address, phone numbers, etc;• is used:exclusively by RBAI, All customer data on bur sen'er is encrypted and all custor er information to aiicr.froitiVide•seiner is handled using Secure Socket Layer (SSL) connections..'• Bidder Updates - Adtive'bidders are .able to. update .their 'personal information via a secure }• website 24 hours a day and view current bidding activity also. Site references Our website, www.renebates.eom, contains a link from our home page that gives full information on our company including address, phone numbers and State license numbers. When a bidder accesses our home page, they click on the "Contact" link on the tool bar and it immediately brings up the "Contact Us" page. This page contains all information listed above along with a form to email RBAI with any questions or concerns. At the bottom of every page that can be viewed by the public on our website, you will find the iafoiniation that is displayed at the bottom of the "contact us" page. Every public page displays, directly below our anniversary seal, our address,• phone number,license numbers and email address. Information available to potential buyers (data, photos, etc.) There is a variety of information available to potential buyers. When a buyer first accesses oux website, auctions are listed in date and time order of which they are closing. This ensures that every single auction that is placed on our website.will be the FIRST auction listed when its specified lime and date for closing has been reached. This will guarantee that your auction will be easily accessible to the buying public. It also ensures that bidders are not required to perfou n lengthy searches to determine if you have an auction posted. When a bidder sees the auction listing they want, they simply click into the link for the auctioia from our home page. They will be immediately taken to the "title page" of the auction which lists all the pertinent details specific to that auction. The following two pages is an example of what they will see. All of the infoiniation posted regarding locations, contacts, inspection and removal were provided to us by our client. City of Fort Lauderdale, Florida - Online Auction - CLOSED e'• Closes: March 23, 2011 Beginning at 12:00 PM CST (1:00 PM EST) ii4.1 LOCATION 1: 'I City's Works Compound, 220 S.W. 14th Avenue, Fort Lauderdale, Florida 33312 (Behind the Police Station located at 1300 W. Broward Blvd.) Information: onlineauctionga@fortiauderdale.gov LOCATION 2: 901 NW 6th Street, Fort Lauderdale, Fort Lauderdale, Florida ( Information: Contact Eugene McCoy at emccoy@fortlauderdale.gov its':; Selling 50 Items Including: 2 Tractors, 2007 Freightliner FC60 with Johnston VT650 Street • i Sweeper, 3) 2005 CCC LET 26E 12 Cubic Yard Bulk Refuse Container Trucks with Tarp Systems, Construction 20 Yard Open Top Dumpster, Utility Body Pickups, Pickups, Automobiles, Seized Autos, Seized Pickup, ATVs, Mowers, Parking Enforcement Utility Vehicle, Utility Carts oriekCatalog - ALL ITEMS (50) - ATVS (2) - AUTOMOBILES (17) - DUMPSTER (1) - MOWERS (8) - PARKING ENFORCEMENT UTILITY VEHICLE (1) - PICKUPS (3) - REFUSE TRUCKS (3) - SEIZED AUTOMOBILES (5) - SEIZED PICKUP (1) - SWEEPER (1) - TRACTORS (2) - UTILITY BODY PICKUPS (3) - UTILITY CARTS (3) es'? INFORMATION: Location 1: onlineauctionga@fortlauderdale.gov Location 2: Contact Eugene McCoy at (954) 828-6002 INSPECTION: Location 1: Friday, March 18th from 9:00 AM - 3:00 PM The City of Fort Lauderdale, Florida does allow vehicles to be started as well as allowing potential bidders to look under the hood, etc• during inspections. Location 2: By appointment only, please. PLEASE NOTE! This online auction has staggered ending times. When you click on "ALL ITEMS" (above) the first online auction item will close at 12:00 PM. Each online auction item will close one minute after the previous. For Example: The first online auction item closes at 12:00 PM. The second online auction item closes et 12:01 PM. The third online auction item closes at 12:02 PM. This will continue until all online auction items have closed. Also note that extended bidding is still in place. Therefore, if the first online auction item goes into extended bidding the second online auction item will still close at 12:01 PM and the third online auction item will still close at 12:02 PM, etc. (unless they also go into extended bidding) while the first online auction item is still in extended bidding. This scenario applies to all online auction lots. If you have any questions regarding extended bidding, please contact us. 'YOU WILL -NOT -BE INVOICED FOR THE ITEMS YOU HAVE PURCHASED UNTIL THE ENTIRE ONLINE AUCTION IS OVER. IMPORTANT PAYMENT INSTRUCTIONS: Payment should be sent overnight payable to Rene' Bates Auctioneers, Inc. in the form of a cashier's check or money order to: Rene' Bates Auctioneers, Inc. Attention: Online Payment Dept. 4660 County Road 1006• McKinney, Texas 75071 At payments for this auction must be received no later than 3:00 p.m., Tuesday, March 29, 2011, PLEASE INCLUDE A COPY OF YOUR INVOICE WITH YOUR PAYMENT! If you are claiming purchases for resale OR if you are tax exempt, please include the appropriate tax form with your payment. The resale and exemption forms can be found on our website by clicking on the Help Menu and then "Forms". At previously submitted resale or exemption forms are kept with individual auctions so you must send e new form with each payment, We will not refund sales tax paid after a paid receipt has been issued so please ensure that your resale or exemption certificates are properly completed and submitted with your payment. There will be no exceptions to this policy. REMOVAL: All items must be removed by April 6 (10 business days from the auction close date - No Saturday or Sunday removal). IF YOU CANNOT REMOVE AUCTION ITEMS WITHIN 10 BUSINESS DAYS FROM THE AUCTION CLOSE DATE PLEASE DO NOT BID ON THE AUCTION ITEMS, THERE WILL BE NO EXCEPTIONS OR EXTENSIONS TO THE REMOVAL DATE. After the final day for removal a $25.00 per day, per item will be charged to the buyer for any items that have not yet been removed. NOTE: ALL BIDDERS WILL BE CHARGED APPLICABLE SALES TAX. IF YOU ARE A NON- RESIDENT DEALER (THIS MEANS YOU ARE NOT LOCATED IN THE STATE OF FLORIDA) YOU WILL BE REQUIRED TO COMPLETE AND SIGN AN 'EVIDENCE OF AUTHORITY TO BUSINESS" STATEMENT WHICH WILL BE PRINTED ON YOUR INVOICE. YOU WILL NEED TO SIGN & RETURN YOUR INVOICE ALONG WITH EVIDENCE OF AUTHORITY TO DO BUSINESS IN YOUR HOME STATE. The most common form Evidence of Authority to do business is a copy of your sales tax registration number or occupational license number, Please note that the company name listed on the Evidence of Authority must match your registered bidder name. REGARDING TITLE PAPERWORK: Please contact onlineauctionga@fortlauderdale.gov The Seller DOES NOT provide transportation or loading services for buyers to remove their merchandise, Any and all methods of lifting, towing, and hauling, es well as all other methods or requirements for the removal and transport of the materials, equipment and/or vehicles, is the sole. responsibility of the'buyer. If merchandise is not removed by the final day for removal, the ownership of the merchandise will revert back to the Seller and they may dispose of or re -sell the item at their discretion. Rene Bates Auctioneers, Inc. 4660 County Road 1006 McKinney TX 75071 Phone: 972-548-9636 Fax: 972-542-5495 • Email Web -page From here, a bidder may choose to click into "all items" or a particular category. For this example, I have pasted the infatuation below that a bidder would see if they clicked into "Sweepers". The description below would be displayed along with the photographs that were sent to us by the seller. In this case, this is an item for an auction that has already ended. Displayed, along with the description and photographs, is the final bid amount and the bidder number. We are able to post as much information as the client provides us. There is no limit to the number of pictures that can be posted with each item and the amount of information that may be posted. To see an example of what information is provided to our bidders, please look at www.renebates,com at any time to view any of the auctions being conducted. 2007 Freightliner FC60 with Johnston VT650 Street Sweeper; VIN 1 FVAB6BV97DX10743; 26,394 68800.00 29927 Kilometers Showing - not guaranteed; Cummins ISB 200 5,9L Diesel Engine; Auto; Bucket Seats; A/C; PS; PB; AM/FM Radio; Was running when taken out of service; Decals may be painted over; AS -IS; Current Working Condition UNKNOWN; This item is USED and may contain defects that are not immediately detectable. Text description given is meant to be used as a guide only. You are responsible for inspecting item before bidding. All information provided is believed to be correct but NO warranty as such is either intended or implied. All items are sold AS IS - WHERE IS and WITH ALL FAULTS and DEFECTS THEREIN. (Location 1) Method of collection of data and photos of sale items When a city begins utilizing online auctions with RBAI, they are given thorough training on the form below. The most important thing that can be done to ensure the success of your online auction is to complete the forms on your inventory to be sold as accurately and detailed as possible. This will help keep the City and RBAI out of any disputes in the future over misrepresented items. We encourage you to use the knowledge and experience that we have gained from conducting auctions since 1966 and online auctions since 1999. We have learned what to look for and what .to watch out for. • We will help the City staff 'understand the importance of describing items aceuiately'and help' therh recognize probleiris'before:they occur. As you can see, the instructional documentation is very limited for the seller. As your auction company, it is our job to make the online auction process. as easy as possible for your staff. All you do is provide the information to us .on the items you want to sell and we put them in a consistent format and post the auction to our website, You, the City, are not required to input your ownauction to our website. That is a standard service that we provide to you. We know that the City employees have many other duties and the online auction process shouldnot take an enormous amount of their time. Once your information is sent to us, we will organize it, post it and add any pertinent disclosures to items that are needed. All you need to do is look it over once we have it posted and give us the okay to turn it on for bidding. Any City employee will be able to prepare a list of inventory for an online auction. There is no special training needed because our process puts the majority of the work on the auction • .. company, -not the City. 'What we will offer to the City staff is,the, experience .and knowledge of a • licensed auction'cofm pa,n thafhas continually conductedlvauflons.ao..lrme�auctionss.si nce.; ._"1966'and..1999 respectively. You:Will benefit from what we have learned after.45+ years in the 17.7 auction bu:siiaess add`ohd of"tlzebiain things we .have. learned is to •make.thejprocess,sirnple-for the customer. _. A.COPY of? OUR.'VErnCLE & INFORMATION SKEET IS INCLUDED IN SECTION 9 - ADDITIONAL INFORMATION - See Page 27.1 .7 Method of auctioning (set minimums, deadline date and time, modified 'deadlines, etc.) The information Listed below are some of the things that can be done to customize your auction for you. Auction dates and times are set based upon your preference and may be modified, if necessary. Minimum 13id Req»irements — This is the price that we begin bidding on your items. This price is set by the City along with recommendations from RBAI. Although our system does allow the feature "Minimum Not Met" we have not utilized it in the past.. Our experience from conducting thousands of online and live auctions has helped us in assisting the clients we work to set their • Starting Price that helps them obtain the highest result. We have seen time and time again items which are started with a price that is too high will discourage bidding activity. However, if the Starting Price is realistic, the bidding activity will be high on that item and more often than not the item will bring more than the City expected. We know the market on all items we are selling and we have the historical data from thousands of items to validate what an item should be started at and what it will most likely bring. ' This is where the experience and knowledge of a true auction company, one that has been in this business for 45+ years, benefits the City and results in the best prices for your auction items. Internal reallocation — This can be accomplished a couple of different ways. When the City has several internal departments offering items in the same auction, the lot numbers can be assigned to identify a particular consignor (e.g. Police Department would be PD101, PD102; Parks & Recreation would be PR101, PR102, etc.) When this option is used, the accounting reports that are provided to the City will have each department's total broken down separately for use in your internal reallocation. The second way many Cities and Counties have accomplished internal reallocation is by conducting separate auctions for the different departments. In this instance, the auction is specific to that department including City contacts, location of itemsand. removal terms. Some City's prefer this option because it eliminates contacts from one department receiving bidder questions on items that belong to another department. Even though we are very specific when we post auctions with more than one location and one contact, many bidders do not read this and will call the first person on the list. By conducting separate auctions for the departments; this eliminates the confusion issue on the bidder's side. Because online auctions can be conducted at any time with any number of items, it is a very streamlined and simple process for • any department to conduct their own auction. Private auctions — We have the capability of conducting private auctions. In the past, we have conducted private auctions when we have sold real estate for municipalities. Because of the value of the real estate,. the municipalities wanted to ensure that only serious bidders were allowed to bid on the real estate. They required a larger .deposit to bid on the real estate. One mstanee regiur`ed 'a s$10;000 deposit and another had required a; $.1.00;000. deposit ;because o f the; high Value'of the real estate being 'sold. RBAI handled this entire process byposting'clearly. oir ''"cj."1 'the:website that' only' bidders with the "special deposit requirement" would be allowed tobid. •Cashier's cheeks were.sent-to RBAI for the amount specified and were held by our office until the auction had.closed. 'The cashier's checks were not deposited. After the auction closed, the •• -urisuccessfulbidders had their cashier's checks returned to them and then we forwarded; to the 8 title company the•City had requested, the,eashier's cheek of the successful bidder, Even though all bidders accessing our site could view this auction, they could not bid on this private auction unless they had met the deposit requirement. This scenario would work the same way for a "law enforcement only" auction and RBAI would verify requirements of the bidders before allowing them to bid on that auction. Dynamic Closing — Also known as auto -extend or extended bidding, Our system supports extended bidding. In the event any item receives a bid within 5 minutes of its set closing time, it Will automatically be extended for an additional 5 minutes. If another bid is placed on that item at any time during that extended period, the item will automatically extend for another 5 minutes. This will continue until there has been no activity for 5 minutes, When an item has gone into extended bidding, there will be an indication on the item that it has extended and will show how many minutes remain in the extended bidding. Bidder Deposit Requirements — Bidders on our site are required to have a 5100.00 refundable deposit in escrow with RBAI. The 51.00.00 has greatly reduced the number of defaults from winning bidders. This ensures that we have only serious, valid bidders on our site. We have found that when a bidder has the deposit at stake, they are much less likely to default on a bid. This deters anyone who is attempting to hurt the integrity of your auction by placing false bids'or high bids that they have no intent to pay for. Any bidder that does not pay for their auction item forfeits their $100.00 deposit and they are banned from any future online or live auctions that RBAI conducts. Ability to Copy Previous Auctions — All auctions conducted through our website are archived on our server, in addition to the copy retained in our files (both paper and CD-ROM). Auctions can be recreated at any time if the City makes the request. In addition, once we have conducted an online auction for the City, the static information contained on the City's "Title page" is kept on the City's dedicated workspace on our server. to •be.uti.li.7ed foxfuture auctions.. This. information . . can be changed or updated as necessary at a moment's notice. Site structure (dedicated, shared) 1. HTTP address: www.renebates.com 2. Direct access is available at all times by accessing www.renebates.com . 3. Rene' 'Bates Auctioneers, Inc. has a dedicated web site to our online and live auctions hosted at the Rackspace Managed Hosting in San Antonio, Texas, Rackspace is one the largest web hosting companies in the United States and they utilize the latest technologies and have an experienced and dedicated staff available for technical issues 24/7 for all their clients. 4. Our website is hosted by Rackspace Managed Hosting in San Antonio, Texas. but all information, maintenance; and handling of the website is done by, employees of Rene' Bates Auctioneers, Inc. ' =;:'''s:uiwe'offer expert technical support to bidders and selling entities, as well as 24-hour site ' ioiaitoring, through bur 1SP, allowing for a 99.9% uptime guarantee. All servers and '—connectivity hardware are *housed in a secure building with fully redundant power and Multiple on'pnemises backup generators. Our high performance, dedicated and redundant backbone •network :Connections enable us to offer unlimited bandwidth, providing unlimited -users full access to your auction. We accomplish this through multiple, triple redundant OC-3 connections via UUNET, MCI and GEE International network services. These connections allow for scalable bandwidth to make sure all bids are accepted at the closing of each itern without delay, which ensures that the selling entity will receive the highest possible selling price. Through our firewall network administrator and traffic shaping abilities, we are able to protect against almost all types of Denial of Service attack, hacking, and Internet saboteurs. Our site also supports Secure Socket Layer (SSL) transaction encryption, allowing bidders to confidently transmit their registration information over the web. 6. Site Statistics include all information required for a complete detail of your entire auction. An example of those Site Statistics include a monthly "hit" volume on our website which is broken down by Hits per Hour, Hits per Day and Maximum and Average Hits per Hour and Day. 7. Software Ability and Functions I. We have the ability to add or remove any and/or all auctions items at any time during the online auction process, before the auction closes, at no cost to the seller. Once we receive a request from the City to add orremove an item, we have two dedicated people at RBAI to make those changes and they are done within 24 hours of receipt. II. We have the ability to add, delete, re -list and/or make any changes to an auction item with no cost to the seller. Once we receive a request from the City to add, delete, re -list or. make any, changes to an auction item, we have two dedicated people at RBAI to make those changes and they are completed within 24 hours of receipt. Items to be re -listed for sale will be done after coordinating a new auction date with the City. 11.1. We have the ability and a process in place to block bidders or cancel any bids on any items, being auctioned on, by bidders who have failed to comply with our online Auction'soTerms .and.Conditions.. The online auction. staff at RBAI is able to . . .. , .block bidders or cancel bids within 5 minutes after receiving the request. We maintain our systems completely in-house and are able to make these changes at a moment's notice. W. We have the ability to change any and/or all the information on auction items and - infoini all bidders of the changes to the auction items. If an auction item is changed after bidding•'has• begun on an item, our system mails all bidders on the item to notify them of the changes. At this point, they have the option to change or cancel their bid if they so desire. In addition, if significant changes are made to the item, the change is posted on that item in BOLD CAPS so that any bidders looking at :this item know that it has been changed since it was originally posted. V. We have the ability and a process in place to validate all of our online auction bidders. For items III and V, all our registered bidders are required to post a • $100'00'refun'dable deposit before • being allowed to zn.ake a. bid on our system This deposit ensures that we have valid, serious bidders: _bidding on`.your auction. items. • '' ‘Thii 'also ensures that, we have a minimal amount of• non payments from our registered 'bidders: If a registered bidder does not pay for their items within the "' "' `'' specified time frame, they forfeit their deposit' and are permanently banned from all auctions through Rene' Bates Auctioneers, Inc. r� 0 VI. Our system automatically invoicesall winning bidders within 30 minutes of the time the auction closes. Their invoice includes a Lot number, Lot description, winning bid amount and applicable sales tax, if any. The invoice also gives the winning bidder complete instructions on how to make payment to Rene' Bates Auctioneers, Inc. VII. When an auction item is paid for, a paid e-invoice is sent to both the buyer and the seller showing amount paid, method of payment and the buyer's name. This invoice can be sent to as many different contacts as the seller requests. This invoice is what the buyer uses when he comes to pick up his merchandise and the seller knows that they must have received the email from Rene' Bates Auctioneers, Inc. before releasing any merchandise. • VIII. Upgrades are made to our system upon our request on an as needed basis. Upgrades in the past have been a result of our requests to add features that are unique to our auctions. We also consider customer suggestions when adding or upgrading features. These upgrades are always done in a timely fashion, sometimes same day or others might take longer in order to get the program written for the .upgrade and the testing completed, All upgrades are fully tested on a private network before being implemented on the www,renebates.corn server. Location of sale items (agency site or contractor's site, pickup method, etc.) For internet auctions, sale items will always be located at the seller's location. There is no need to move items to one central location within the City. The goal of an online auction should be to make the process as simple and inexpensive as possible for the seller. Instead of utilizing manpower to move items around to a central location, items may be sold from multiple locations throughout the City. We will work with the City to maximize :the manpower and resources as it relates to the online auction process. Removal or pickup of items will be handled as the City dictates, The City may choose certain dates and times for removal or may require appointments to be scheduled. Every step of the auction will be handled as the City chooses and we will obtain this inforuration from your designee and ensure that the bidders are always aware of the entire process as well by posting it in a consistent manner on our website. Method of payment for sale items (direct to agency or to contractor) RBAI accepts payment for auction purchases in the fonri of cash, cashier's check or money order within 4 days of the close of the auction. In addition, we are able to accept wire transfers upon request, For the $100.00 refundable deposit only, we allow our bidders to send us money via Pay Pal. The use of Pay Pal for the payment of the $100.00 refundable deposit allows bidders to remit these funds instantaneously. This is a convenience tool for the bidders who do not want to obtain and mail a cashier's check or money order and also accommodates those bidders that wait until`'the fast 'ininute`to decidethey' •want to bid. Pay Pal •;is;>a ver' :', ui'ck:,and .rel able. Ewa for bidders to remit their $100.00 refundable deposit. RBAI has -chosen -not to accept credit cards as payment for auction purchases. The two main. reasons for'thissdecision are the fees associated with credit cards that we cannot pass on to the I1 buyer and the fact that payment by credit card can be charged back and disputed for up to six months after the transaction, Because of the type of merchandise we are selling (Surplus being sold AS -IS, WILERE-IS) this would not work for us because in effect, because of the charge back policy on credit cards, we would be giving a six month warranty or guarantee which we absolutely cannot do. The accounting process begins when the auction has closed and invoices are sent to the buyers. At this point, the process will be different depending on if RBAI collects the money for the City's auction or if the City chooses to collect the money. When RBAI collects the money, payments axe sent directly to RBAI in the form of cash, cashier's check or money order. Once payment has been received, the payment is verified against the invoice. If the buyer is claiming Resale or Exempt status, we make sure the buyer has sent in the appropriate form required by the State of Florida. Once this is verified, a Paid Receipt is emailed to the buyer and to the City. At this point, the buyer is able to take their Paid Receipt to the City and pick up their item. Once all proceeds have been collected, your auction is reconciled and payment is sent to the City along with a Recap Letter and copies of all reports. Below is a listing of the reports that are provided. We also reconcile the sales tax collected on your sale and remit those funds to the Florida Department of Revenue via our online filing account with the State of Florida at the end of each month. PLEASE NOTE THAT WE HAVE A SALES TAX PERMIT WITH THE STATE OF FLORIDA WHICH ALLOWS US TO COLLECT AND REMIT SALES TAX ON YOUR BEHALF. IF YOUR AUCTION COMPANY COLLECTS YOUR AUCTION PROCEEDS, THEY MUST HAVE A VALID SALES TAX PERMIT TO LEGALLY COLLECT THE SALES TAX IN THE STATE OF FLORIDA. If the City chooses to collect their.funds, theycertainly have that option. However, most of our clients prefer that we collect the money to keep that responsibility off of the City employees. COLLECTION PROCESS IN PLACE BY RENE' BATES AUCTIONEERS, INC. FOR YOUR AUCTIONS We require each bidder to post a $100.00 refundable deposit to ensure that each of our bidders is a valid, qualified bidder. This deposit method has been implemented for the protection and security of each of our bidders, as well as for the protection and security of our sellers. Each bidder knows that all bidders are valid and that they have met the same requirement to be able to bid online. The $100.00 deposit is fully refundable. It activates the bidder's account and, once activated, they can bid on any auction items in all online auctions conducted. In the event that a __bidder, does not. pay for an item, their.$100.00 is forfeited and they are banned from all auctions .eond'ueted by- RBAI, live: or online:- We have found that the:.;$l00 00 refundable deposit;has ;;:, 'greatly reduced defaults on -auction items. With this deposit,, the bidders have. a stake in their-. bidding aotibrts aiid are much less likely to bid on an item they have no intention of paying for. '..If a successful bidder has not paid for their item witbin'the 4 days required on our website, RBAI -will begin our process 'with the bidder to secure payment. This is just one more service that we offer to you. .The City staff will not be required to do any extensive follow up that may be needed with any late payments. We will keep the City appraised of all communications that we have with the bidder until resolved. If an item ultimately is not paid for, we will repost the item at no charge to the City at their discretion. We can also attempt to go to a back-up bidder if the City so desires. This is all done at no additional cost to the City. REPORTS AVAILABLE TO THE SELLER The following reports are provided to the Seller at the conclusion of each auction. In addition, these reports can be obtained by the Seller directly from our website by accessing our archives, which will be provided to each Seller upon their request. The "Auction Totals" page shows the following: a. Number of Items in auction b. Items with bids c. Standard bids d, Maximum bids e. Total bids f Current total (final auction results) The Title Page details the following: a. Name of Entity b. Date and Time of Auction (✓) c. Location of auction d. Highlights of items being sold e. Categories of items included in auction f. Notes regarding auction including inspection dates and times, contact persons, staggered ending explanation g. Additional terms of auction including removal terms, information regarding sales tax, information on how title work is handled and statement regarding $25.00 storage fee h. Contact information for Rene' Bates Auctioneers Inc. The -Auction Results report includes: a. Item or Lot Number b. Full description of item being sold along with all Auctioneers, Inc. c. Final Sales Price d. Winning Bidder Number e. Also included on this report on the first page at the entity and date and time of closing of the auction. disclosures added by Rene' Bates top right is the name of the selling "Paid Receipt" xs'sezit to the°=Seller when payment -as :been z ecexved The infolinatron that yid: always be found on a paid receipt.is: . ‘;1::= a; • It will always be sent from a @renebates.com email .address. . ., - • 'li. qt. will -have the distribution list that has been given to us by the Seller The Subject Line will state "Paid Receipt — Bidder No. ####" 1.3 • d. It will state "Paid Receipt" again in the body of the ;email, list the name of the selling entity and the internal sale number we .utilize. e. The receipt will then show "Paid", the dollar amount received and what form of payment was received (i.e. cash, cashier's check, money order, wire transfer) f. The Bidder's number, name, address and phone numbers will be listed next. g. The items that were purchased will be listed with their item number and full description. h. The Taxable and Non -Taxable Totals will be showing. If tax is paid, it will reflect the amount paid. If tax is not being paid, it will show either "Resale" or "Exempt" where the tax should be. i. The Removal Terms will be on the final paid receipt along with any other pertinent information the selling entity has given us. j. These paid receipts are sent to the selling entity and to the winning bidder. The winning bidder uses the receipt to pick up their winning items from the selling entity. THESE REPORTS ARE AVAILABLE TO YOU IN THE FOLLOWING FORMATS FOR THE FOLLOWING TIME PERIODS: Your Auction Totals page and Title Page can be obtained from Rene' Bates Auctioneers, Inc. at any time by requesting them. They will be mailed to you upon completion of your auction and they can be emailed, if requested and will be available for a minimum of three years. . The Auction Results will also be mailed upon completion of the auction and can be emailed also. Your auction results are archived on our website indefinitely and can be pulled up at any time by searching our history function for your auction. In the event any of your staff wishes to utilize this function, simply call our office and we will provide the instructions for our archived auction section. Your auction results will be available for three years. The paid receipts can be reproduced (email, mail, fax) at any time if the Seller is in need of another copy for their records and will be available for three years after the date of the auction, . . All of these reports can be reproduced.for the. Seller at any time. We have records of all online auctions that We have conducted since 1999 and will be happy to assist with any request of reports needed, "EXHIBIT D" COMPENSATION (Compensation to follow this cover page) 16 0 RFP 270254 f'PR10E/CO4v1PENSATtON PROPOSAL AUCTION SERVICES INSTRUCTIONS: Proposer shall use this document to submit its' price/compensation proposal for Group 1, Group 2 OR BOTH. Proposer shall, as its sole compensation for services provided, receive commission based on a fixed percentage of gross sales proceeds generated from the auction (not to include sales tax) or a fixed percentage buyer's premium. Proposers are not allowed to propose a combination of commission and buyers premium. Successful Proposer(s) shall submit an invoice to the City based on their percentage commission charge or deduct the buyer's premium from the gross sales proceeds. . Failure to submit• price/co,npensation proposal as required and at time of proposal submittal shall disqualifi' Proposer from consideration. GROUP 1: ON -SITE AUCTION SERVICES Line:1.1 Description: Commission Charge for Gross Sales: % OR Line: 1,2 Description: Buyer's Premium for Gross Sales: % GROUP 2: INTERNET AUCTION SERVICES Line: 2.1 Description: Commission Charge for Gross Sales: 0R Line: 2.2 Description: Buyer's Premium for Gross Sales: ( ; "EXHIBIT E" INSURANCE REQUIREMENTS I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000 General Aggregate Limit $ 2,000,000 Personal and Advertising Injury $ 1,000,000 Products/Completed Operations $ 1,000,000 Endorsements Required City of Miami included as an Additional Insured Employees included as insured Contingent and Contractual Liability Primay Insurance Clause II. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date $ 300,000 $ 300,000 Personal Property of Others (if applicable) TBA The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance to policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all .insurance policies required above: company mustb'e rated -no less than "A-- as to`manageinerit, and no ess ai lass" • ,• V" as to Financial Strerigth by the latest edition ofBest's Insurance Guide,`published by A.M. Best Company,'' Oldwick, New Jersey, or its equivalent. All policies and /or 17 certificates of insurance are subject to review and verification by Risk Management prior to insurance approval. Note: "RFP 270254 — Auction Services" must appear on each Certificate of Insurance. 18 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI AND RENE' BATES AUCTIONEERS. INC. This Professional Services Agreement ("Agreement") is ade and entered into as of day of , 20 , ("Effec.ive Date") by and between the City of Miami, a municipal corporation of the State of F rida (hereinafter referred to as the "City"), and , (hereinafter referred to as the "Provider"). RECITAL WHEREAS, the City issued a Request f• Proposals ("RFP") No. 270254 on May 4, 2011, which is attached hereto as Exhibit and incorporated herein by reference for the provision of Auction Services ("Services'' and Provider's proposal ("Proposal"), which is attached hereto as Exhibit "B" and incorporated herein by reference, has been selected as the most. qualified. and advantageous .prrposal.for .the provision. of. the. Services.. The .RFP and. the Proposal are sometimes referred to herein, collectively, as the Solicitation Documents, WHEREAS, the Comm ission of the City of Miami, by Resolution No. , adopted . on approv- the selection of Provider and authorized the City Manager to negotiate and execut- a contract in the form of . a Professional . Services Agreement ("Agreement"), und- the teens and conditions set forth herein. NOW; iTiI REFORE,. in consideration of the mutual` covenants . and :agreem..ents„ .herein , .contained, the,Sarties hereto agree as follows: . . 0-7e //-0177( 1 TERMS 1 RECITALS: The recitals are true and correct and are hereby incorporated into and made a part of this Agreement. 2. TERM: Unless terminated per § 15 herein, the term of this Agreement shall be for three (3) years beginning on the Effective Date hereof, The Effective Date for purposes of this Agreement 3. OPTION TO EXTEND: additional one (1) year periods. The City shall have the option to extend this Agreement for three (3) A. The City, acting through its City Manager or Purchasing right to automatically extend this contract for up to on calendar days beyond the stated contract term in order to with continual service and supplies while a new evaluated, and/or awarded. If the right is exercise Bidder/Proposer, in writing, of its intent to extend terms and conditions for a specific number of day first one hundred twenty (120) day extension Successful Bidder/Proposer are in mutual agree 4. SCOPE OF SERVICES: A. 'rector , reserves the hundred twenty (120) provide City departments ntract is being solicited, , the City shall notify the e contract at the same price, . Additional extensions over the ay occur, if, the City and the Vent of such extensions. Provider agrees to provide the Services as pecifically described in the Scope of Services, attached hereto. as Exhibit "C"; which by this refer-nce is incorporated •into• and made a• part of •this Agreement. B. Provider represents and warran . to the City that Provider: (i) possesses all qualifications, licenses, registrations, approvals, and e +ertise required to perform the Services described in Exhibit "C"; (ii) is and shall be, at all times ring the term hereof, fully qualified and trained to perform the Services described in Exhibit "C` ; and (iii) the Services will be' performed in the manner described in Exhibit "C' , and in any submittals approved by the City.. ." COMPE'NSATION: . Provider, -as its sole compensation forahe Servides provided, shall receive' 'compensation .as indicated in Exhibit'"D" attached•hereto;which by this reference is incorporated into and made a part of this Agreement. 2 6. ABSOLUTE SALE: All inventory is to be sold at "Absolute Auction" to the highest bidder(s) regardless of price without restriction, reserve, or minimum price(s). 7. OWNERSHIP OF DOCUMENTS: Providers understands and agrees that any information, document, report or any other material whatsoever which is given by the City to Provider (which w s not previously possessed by Provider or not otherwise in the public domain) is and shall at all tim s remain the property of the City. Provider agrees not to use any such information, document, repo or material which is the property of the City for any other purpose whatsoever without the written co r sent of the City Manager, which may be withheld or conditioned by the City in its sole discretion. otwithstanding the foregoing or anything else in this Agreement to the contrary, Provider shall retain all rights to any confidential or proprietary information; as such is defined by the laws of the st.te of Florida, prepared by Provider during the course of this Services Agreement. 8. AUDIT AND INSPECTION RIGHTS: A. The City may, at reasonable times, and for a perioof up to five (5) years following the expiration date of this Agreement, audit, or cause to be audit-d, those books and records of Provider which are related to Provider's performance under this Agreement. Provider agrees to maintain all such books and records at its principal place of business for a p iod of five (5) years after the expiration of this Agreement. All audits shall be subject to, and made in .ccordance with, the provisions of Section 18-102 of the Codes of the City of Miami, as it may be ame ded or supplemented from time to time. B. The City may, at reasonable tie es during the terra hereof, inspect Provider's facilities and perform such tests, as the City deems easonably necessary, to determine whether the goods or services required to be provided by Provid,•r under this Agreement conform to the terms hereof and/or the terms of the Solicitation. Documents,/if applicable. Provider :shall make , available to the.. City all . reasonable'" facilities.- and:_ assistance • to facilitate the performance of :tests or mspectfdns -representatives. All -test and inspections shall be subject to, and made in accordance with, the provisions • :oof Section 18-101 of the Code -of the City of Miami, Florida, as it may be amended or supplemented, from time to time. 9. AWARD. OF AGREEMENT: Provider represents and warrants to the City that it has not employed or retained any person or company employed by the City to solicit or secure this Agreement and that it has not offered to pay, paid, or agreed to pay any person any fee, commission, perce tage, brokerage fee, or gift of any kind contingent upon or in connection with, the award of this Agreement 10. PUBLIC RECORDS: Provider understands that the public shall have access, at all reasonable times, to the City's contracts, subject to the provisions of Chapter 119, Florida Statutes, d agrees to allow access by the City and the public to the City's contracts subject to disclosure unde applicable .law. Provider's failure or refusal to comply with the provisions of this section shall res 't in the immediate cancellation of this Agreement by the City. Notwithstanding the foregoing or anything else in this Agreement to the contrary, subject to the provisions of Florida law, including, out limited to Chapter 119, Florida Statutes, City agrees not to disclose any confidential and proprietary information and trade secrets of Provider. 11. COMPLIANCE WITH FEDERAL STATE AND LOC, LAWS: Provider understands that agreements between private entities and local governor is are subject to certain laws and regulations, including laws pertaining to public records, conrli of interest, record keeping, etc. City and Provider agrees to comply in this Agreement and all At -lac rents thereto with and observe all applicable federal, state and local laws, codes and ordinances as the may be amended from time to time. 12. INDEMNIFICATION: Provider shall inde ify, save and hold harmless and defend the City, its officials, officers, agents, directors, and emo ogees, from liabilities, damages, losses, and costs, including, but not limited to reasonable attomi 's fees, caused by the negligence, failure to exercise the applicable standard of care, negligent act or,*mission, recklessness or intentional wrongful misconduct of Provider. and persons employed' or utilizd by Provider in the• performance, of' -this_;Agreement .and. will,:` • indemnify; hold harmless' -and defend/the City, its officials,;,;officers, ;agents,.di.rectors,,and employees against; any civil actions; statutory or similar claims, injuries or damages arising or resulting from the permitted work, or from failure to comply with any applicable code, statute, ordinance, rule or regulation relating to this Agreement or performance under it, any breach of contract, any "statutory" or duty of care 4 breaches or violations including any patent or copyright, infringement claims or any other civil actions arising from this Agreement even if it is alleged that the City, its officials, employees, agents or representatives were negligent . In the event that any action or proceeding is brought against City by reason of any such claim or demand, Provider shall, upon written notice from City, resist and de lend such action or proceeding by counsel satisfactory to City. The Provider expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by Provider s all in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The indemnification provided above shall obligate Provider to defend at ' s own expense to and through trial, administrative, appellate, supplemental or banla-uptcy proceedi gs, or to provide for such defense, at City's option, any and all claims of liability and all suits a actions of every name and description which may be brought against City whether performed by rovider, or persons employed or utilized by Provider. This section (Indemnification) will survi e the cancellation, termination or expiration of the Agreement. This indemnification will be in rpreted under the laws of the State of Florida, including without limitation and which conforms to he limitations of §725.06 and/or §725.08, Fla. Statutes, as amended from time to time as applicable. Provider shall require all Sub -Contractor ao'eements to include a provision that they will indemnify the City. The Provider agrees and recognizes that he City shall not be held liable or responsible for any claims which may result from any actions or omissions of the Provider in which the City participated either through review or concurrence of tProvider's actions. In reviewing, approving or rejecting any submissions by the Provider or other.cts of the Provider'-•the:City in.no. 'ay.assumes,.or.,shares,any.. = -.- - -.responsibility.or liability of the Prov der or Sub -Contractor, under this Agreement . '; DEFAI TL' T:. -lf Provider fails to comply with any material term or condition of this Agreement or fails to perform any of its material obligations hereunder, and if the failure to comply is in no way due to lack of performance by the City, then Provider shall be in default. If the Provider is placed on the 5 debarred vendors list per § 287.133, Fla. Statutes it is an act of Default. If Provider fails to cure the default within thirty (30) days written notice from City, then City, in addition to all remedies available to. it by law, may immediately, upon written notice to Provider, terminate this Agreement in accordance with Section 15, TERMINATION RIGHTS, of this Agreement. In such event the Contractor shall be liable fo damages including the excess cost of procuring similar supplies or services: provided that if, (1) it is determined for any reason that the Contractor was not in default or (2) the Contractor's failure to per orm is without his or his subcontractor's control, fault or negligence, the termination will be deemed o be a termination for the convenience of the City of Miami. .14. ' RESOLUTION OF CONTRACT DISPUTES: Provider understands and ees that al] disputes between Provider and the City based upon an alleged violation of the terms of his Agreement by the City shall be submitted to the City Manager for his/her resolution, prior to Pro der being entitled to seek judicial relief in connection therewith. Provider shall not be entitled to see judicial relief unless: (i) Provider has first received the City Manager's written decision, approved b, the City Commission if the amount of compensation hereunder exceeds $25,000 or (ii) a period of s ty (60) days has expired, after submitting -to the City. Manager a detailed statement of the disput., accompanied by all supporting documentation, ninety (90) days if City Manager's decision is subj t ct to City Commission approval; or (iii) the City has waived compliance with the procedure set fort " in this section by written instruments, signed by the City Manager. 15. TERMINATION RIGHTS: A. The City, acting by and through its City anager, shall have the right to terminate this Agreement, in its sole discretion, at any time, for convenience and for no cause, by giving written notice •rty "( ) Y p .,t..,. ,..,... T.....,...,._.._.,......_:.,,,,.,...,..In. the. event of a.... •i.;r:, r,.,.,,;�.,.� „-c..to Provider at: least -thirty 30 days, nor to the e 'ective date. of.. such te�.rmnatron.;;;,.In ...., c cancellation .for convenience the Provider shall have no other. recourse against the City except to be paid for its Compensation. earned under the contract prior to the effective date of termination. B. ._ - City shall have the right to terminate this Agreement upon the occurrence of an event of default as provided in Paragraph 13. 16. INSURANCE: Provider shall, at all times during the teen hereof, maintain such ins ranee coverage as shown in "Exhibit E", All such insurance, including renewals, shall be subject o the approval of the City Risk Management Director for adequacy of protection and evidence of such coverage shall be furnished to the City on Certificate of Insurance indicating such insurance to be in force and effect and providing that a written notice of cancellation or material change shall be provided o the City Risk Management Administrator in accordance with Policy revisions. Completed Certificates of Insurance shall be filed with the City prior to the performance of services hereunder, pr.- ided, however, that Provider shall at any time upon request file duplicate copies of the policies of suc► insurance with the City. If, in the judgment of the City Risk Management Administrator, prevail: g conditions warrant the provision by Provider of additional liability insurance coverage or coverage chich is different in kind, the City reserves the right to require the provision by Provider of an amounof coverage different from the amounts or kind previously required and shall afford written notice of uch change in requirements thirty (30) days prior to the date on which the requirements shall take effect. Should the Provider fail or refuse to satisfy the requirement of changed coverage within thirty (30) ..•ys following the City's written notice, this Contract may be considered terminated on the date that the required change in policy coverage would otherwise take seffect. 17, NONDISCRIMINATION: Provider represents a d warrants to the City that Provider does not and will not engage in discriminatory practices and that there shall be no discrimination in connection with Provider and Contractor's, respectively, perfo nce under this Agreement on account of race, color, sex, religion, age, handicap, marital status or atonal origin. Provider further covenants that no otherwise qualified individual shall, .solely by rea on of histher:race,,:eolor sex, religion,. age, handicap, marital•status-or_national origin;.'be excluded from participation in, be denied services, or be subject to the discrimination under any provision of this Agreement. 18. ". ASSIGNMENT: The Provider's services are considered unique in nature. This Agreement shall not be assigned, sold, transferred or otherwise conveyed by Provider, in whole or in part, without the prior 7 written consent of the City Commission, which may be withheld or conditioned, at the City's sole discretion. 19, NOTICES: All notices or other communications required under this Agreement shall be writing and shall be given by hand -delivery or by registered or certified U.S. Mail, return receipt requeste addressed to the other party at the address indicated herein or to such other address as a party designate by notice .given• as herein provided. Notice shall be deemed given on the day on hich personally delivered; or, if by mail, on the fifth day. after being posted, or the date of actu.' receipt, whichever is earlier. TO CITY Johnny Martinez, P.E. City Manager City of Miami 444 S.W. 2nd Avenue, l0`1' Floor Miami, Florida 33130 with copies to: Julie Bru City Attorney City. of.Miami 444 S.W. 2°a•Avenue, Suite 945 Miami, Florida 33130 TO PROVIDER Sheryl.Bates President Rene' Bates Auctioneers, 4660 County Road 1006 McKinney, Texas 750 20. MISCELLANEOUS PROVISIONS: • A. This Agreement and its Attachments sha be construed and enforced according to the laws of the State of Florida. Venue for any legal actin shall be in Miami -Dade County, Florida in order to expedite the conclusion of any action the parties v untarily and knowingly agree to waive their right to trial by jury, their right to file permissive couerclaims, or to claim attorney's fees in any civil or c:; 1:!':administrative action between them arising fr • r B:1 Title and paragraph headin s are for convenient•reference and are not a part of this Agreement. 8 C. No waiver or breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless ;lade in writing. D. Should any provision, paragraph, sentence, word or phrase contained in this 7reernent be determined by a court of competent jurisdiction to be invalid, illegal or otherwise unenfor cable under the laws of the State of Florida or the City of Miami, such provision, paragraph, sentence, ord or phrase • shall be deemed modified to the extent necessary in order to conform with such laws; o if not modifiable, then same shall be deemed severable, and in either event, the remaining terms a d provisions of this Agreement shall remain unmodified and in full force and effect or limitation of ituse. E. In the event of any conflict or inconsistency between this A ement and its Exhibits the Agreement will control. In the event of any conflict or inconsistency .etween the RFP attached as Exhibit A and the Provider's Proposal attached as Exhibit B , or the Sco.e of Services attached as Exhibit C, or the Compensation Exhibit D then Exhibit A will control . 21• SUCCESSORS AND ASSIGNS: This Agreement shall >fa'e binding upon the parties hereto, their heirs, executors, legal representatives, successors, or assigns. 22• INDEPENDENT CONTRACTOR: Provider hbeen procured and is being engaged to. provide goods or services to the City as an independent c.,£itractor, and not as an agent or employee of the City. Provider further understands that Florida Work s' Compensation benefits available to employees of the City are not available to Provider and agrees to provide workers' compensation insurance for any employee or agent of Provider rendering services o the City under this Agreement. 23. CONTINGENCY CLAUSE: Sufficient funding for this Agreement is contingent on the e • availability of.funds:and:.continued,:author s ation for .program;act•ities and is Subject to amendment or: termination due.to lack -of •:funds; reduce on of funds, failure to allocate funds, and/or change in law or .:regulations::The.City may terminate the Agreement on the basis of this contingency clause pursuant to Section 15 (A), Termination for, Convenience. 24. REAFFIRMATION OF REPRESENTATIONS: Provider hereby reaffirms all of the representations contained in the Solicitation Documents, if applicable. 25. ENTIRE AGREEMENT: This instrument and its Attachments constitute the sole and,6nly agreement of the parties relating to the subject matter hereof and correctly set forth the rights, du es, and obligations of each to the other as of its date. Any prior agreements, promises, negoti lions, or representations not expressly set forth in this Agreement are of no force or effect. 26. REFERENCE LIST AND ADVERTISING: City agrees that Provider may list tht its Services are provided to the City in Provider's sales reference list. Provider may advertise to othe municipalities that the Services are provided to. the City. This Section will not be applicable in the ev nt the Provider is held in default by the City. 27. MISCELLANEOUS: Provider shall affiuinatively comply with all appli able provisions of the Americans with Disabilities .Act ("ADA") in the course of providing any work labor or services funded by the City including Titles I and II of the ADA (regarding nondiscriminatio on the basis of disability) and all applicable regulations, guidelines and standards. Additionally, P ovider shall take affirmative steps to ensure nondiscrimination in employment of disabled persons. IN WITNESS WHEREOF, the parties hereto have caused this i .trument to be, executed by their respective officials thereunto duly authorized, this the day and year a.ove written. CI Y OF MIAMI, a municipal c. oration ATTEST: By: • Priscilla A. Thompson, City Clerk Johrury Martinez, P.E. it}t;Manage 10 APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: REQUIREMENTS: Julie Bru City Attorney ATTEST: Calvin Ellis, Director Department of Risk Manage By: Print Name: Print Name: Title: Title: Corporate Secretary Authorized orporate Officer "P rovi er" • . . CORPORATE RESOLUTION WHEREAS, desires to enter into an agree Sent . with the City of Miami for the purpose of perfoiiiiing the work described in the contract to hick this resolution is attached; and WHEREAS, the Board of Directors at a duly held corporate meeting has co idered the matter in accordance with the By -Laws of the corporation; . Now, THEREFORE, BE IT RESOLVED BY THE BOARD OF DIRE TORS that the is hereby authorized and instructed to enter into a contract, in the name d on behalf of this corporation, .with the City of Miami upon the terms contained in the pro 0 osed contract to which this resolution is attached and to execute the corresponding perfoii uabond. DATED this day of Corporate Secretary 7 Chat person of the Board of Directors (Corporate Seal) 12