HomeMy WebLinkAboutR-2019-070 City Authorizing to Execute an Agreement with the Royal Auction Group Inc, for Auctioneer Services, Utilizing the City of Fort Lauderdale Request for Proposal (''RFP'') No. 875-12011 RESOLUTION NO. 2019-070
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, AUTHORIZING THE CITY TO EXECUTE AN
AGREEMENT WITH THE ROYAL AUCTION GROUP INC, FOR
AUCTIONEER SERVICES, UTILIZING THE CITY OF FORT LAUDERDALE
REQUEST FOR PROPOSAL ("RFP") NO. 875-12011 AND TO DECLARE
CERTAIN VEHICLES SURPLUS THAT ARE OF NO FURTHER USE TO
THE CITY; DECLARING THE INTENT OF THE CITY TO DISPOSE OF
SAME; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Administration has recommended disposal of various vehicles and
equipment due to the older equipment having reached a point beyond their useful life and due to
acquisition of new vehicles and equipment; and
WHEREAS, the Public Services Department is requesting authorization to enter into an
agreement with the Royal Auction Group, Inc., utilizing the terms and pricing through the City of
Fort Lauderdale RFP No. 875-12011 valid through December 4, 2020 with two additional
optional one-year renewals, a copy of the RFP is attached as Exhibit"A", and it is made a part of
and incorporated into this Resolution by this reference; and
WHEREAS, utilizing auctioneer services limits the City's liabilities during asset
inspection while offering the greatest exposure for sale of assets without negative fiscal impact to
the City by the auctioneer service; all costs will be absorbed by the purchaser of the item in the
form of a percentage over and above the amount of the purchase (commonly referred to as a
"buyer's premium");
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the City Commission approves the recommendation of City
Administration to surplus and dispose of vehicles and equipment which are no longer required
for service, and are declared to be surplus and of no further use to the City of Dania Beach.
Vehicles for surplus are as follows:
V.I. N. Number Year Make Model Unit#
1FTYR14UXWPB12431 1998 Ford Ranger 100
1FTYR14U5WPB12434 1998 Ford Ranger 103
1FTYR44UX3TA46743 1998 Ford Ranger 104
1FTYR14E11TA53178 2001 Ford Ranger 107
1FTYR14V6YTA62906 2000 Ford Ranger 302
1FTYR14E71PA86436 2000 Ford F-250 500
1FTNF20F31EB78221 2001 Ford F-250 501
1FTSF20P65EB72320 2005 Ford F-250 502
1FD NF20F4XEA98088 1999 Ford F-250 503
1FTNF20P83ED84940 2003 Ford F-250 505
1FTNF20F92EC79619 2002 Ford F-250 506
1FDAF56F11EB78222 2001 Ford F-250 507
1FDLF47FSEA19715 1995 Ford F-250 509
1FTNF20P44EB85823 2004 Ford F-250 516
1FTNX20F51EB78220 2001 Ford F-250 602
1FTNX20F51EB67153 2001 Ford F-250 605
1FTZF1727WNB78566 1998 Ford F-250 608
1FTNF20F31EB67154 2001 Ford F-250 614
1FTNF20F2XEE74209 1999 Ford F-250 619
3FTHF25FXVMA34025 1997 Ford F-250 620
1FTSW20P85EB72321 2005 Ford F-250 630
Section 2. That the City Manager is authorized by the City Commission to dispose of
such property from use and service by the City and to enter in to an agreement with the Royal
Auction Group, Inc. utilizing the City of Fort Lauderdale RFP No. 875-12011.
Section 3. That the proper City officials are authorized to execute an Agreement with
Royal Auction Group, for auctioneer services, a copy of which Agreement is attached as "Exhibit
B" and is incorporated into this Resolution by this reference.
2 RESOLUTION#2019-070
Section 4. That all resolutions or parts of resolutions in conflict with this Resolution
are repealed to the extent of such conflict.
Section 5. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED on July 30, 2019.
ATTEST:
o y
THOMAS SCHNEIDER, CMC 60RI LEWELLEN
CITY CLERK MAYOR
geI/SHE�y
APPROVED AS TO FO N'D CORRECTNESS:
THOMAS J. ANS RO
CITY ATTORNEY
3 RESOLUTION#2019-070
City of Fort Lauderdale Bid 875-12011
Solicitation 875-12011
Auctioneer Services
Bid Designation: Public
CITY OF TORT LAUDERDALE
City of Fort Lauderdale
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City of Fort Lauderdale Bid 875-12011
Bid 875-12011
Auctioneer Services
Bid Number 875-12011
Bid Title Auctioneer Services
Bid Start Date Jul 13, 2017 1:42:49 PM EDT
Bid End Date Aug 3, 2017 2:00:00 PM EDT
Question&
Answer End Jul 27, 2017 7:00:00 AM EDT
Date
Bid Contact Laurie D Platkin
Procurement Specialist II
Finance - Procurement Division
954-828-5138
1platkin@fortlauderdale.gov
Description
The City of Fort Lauderdale, Florida(City)is seeking qualified,experienced and licensed firm(s)to provide auction services for the City's
Public Works Department, Fleet Services program, in accordance with the terms,conditions,and specifications contained in this
Request for Proposals(RFP).
For additional information go to www.BidSync.com
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City of Fort Lauderdale Bid 875-12011
City of Fort Lauderdale
Auctioneer Services
RFP#875-12011
SECTION I —INTRODUCTION AND INFORMATION
1.1 Purpose
The City of Fort Lauderdale, Florida (City) is seeking qualified, experienced and licensed
firm(s) to provide auction services for the City's Public Works Department, Fleet Services
program, in accordance with the terms, conditions, and specifications contained in this
Request for Proposals (RFP).
1.2 Submission Deadline
Sealed proposals shall be delivered during the City's normal business hours in a sealed
envelope and addressed to the City of Fort Lauderdale Procurement Services Division, 100 N.
Andrews Avenue, #619, Fort Lauderdale, FL 33301 (City Hall) no later than the date and time
specified, at which time and place the proposals will be publicly opened and the names of the
firms will be read. After the deadline, proposals will not be accepted. Firms are responsible for
making certain that their proposal is received at the location specified by the due date and
time. The City of Fort Lauderdale is not responsible for delays caused by any mail, package
or courier service, including the U.S. mail, or caused by any other occurrence or condition.
The City's normal business hours are Monday through Friday, 8:00 a.m. through 5:00 p.m.
excluding holidays observed by the City.
1.3 Pre-proposal Conference and Site Visit
There will not be a pre-bid conference or site visit for this Request for Proposal.
It will be the sole responsibility of the Contractor to become familiar with the scope of the
City's requirements and systems prior to submitting a proposal. No variation in price or
conditions shall be permitted based upon a claim of ignorance. Submission of a proposal will
be considered evidence that the proposer has familiarized themselves with the nature and
extent of the work, equipment, materials, and labor required.
1.4 BidSync
The City of Fort Lauderdale uses BidSync (www.bidsync.com) to administer the competitive
solicitation process, including but not limited to soliciting proposals, issuing addenda, posting
results and issuing notification of an intended decision. There is no charge to register and
download the RFP from BidSync. Proposers are strongly encouraged to read the various
vendor Guides and Tutorials available in BidSync well in advance of their intention of
submitting a proposal to ensure familiarity with the use of BidSync. The City shall not be
responsible for a Proposers inability to submit a Proposal by the end date and time for any
reason, including issues arising from the use of BidSync.
1.6 Point of Contact
For information concerning procedures for responding to this solicitation, contact Procurement
Specialist Laurie Platkin at (954) 828-5138 or email at LPlatkin _fortlauderdale.gov. Such
contact shall be for clarification purposes only.
For information concerning technical specifications, please utilize the question / answer
feature provided by BidSync at www.bidsvnc.com. Questions of a material nature must be
received prior to the cut-off date specified in the RFP Schedule. Material changes, if any, to
the scope of services or bidding procedures will only be transmitted by written addendum.
(See addendum section of BidSync Site). Contractors please note: Proposals shall be
submitted as stated in PART IV— Submittal Requirements. No part of your proposal can be
submitted via FAX. No variation in price or conditions shall be permitted based upon a claim
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City of Fort Lauderdale Bid 875-12011
of ignorance. Submission of a proposal will be considered evidence that the Contractor has
familiarized themselves with the nature and extent of the work, and the equipment, materials,
and labor required. The entire proposal must be submitted in accordance with all
specifications contained in this solicitation. The questions and answers submitted in BidSync
shall become part of any contract that is created from this RFP.
END OF SECTION
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City of Fort Lauderdale Bid 875-12011
SECTION II -SPECIAL TERMS AND CONDITIONS
2.1 General Conditions
RFP General Conditions (Form G-107, Rev. 02/15) are included and made a part of this RFP.
2.2 Addenda, Changes, and Interpretations
It is the sole responsibility of each firm to notify the Buyer utilizing the question / answer
feature provided by BidSync and request modification or clarification of any ambiguity, conflict,
discrepancy, omission or other error discovered in this competitive solicitation. Requests for
clarification, modification, interpretation, or changes must be received prior to the Question
and Answer (Q & A) Deadline. Requests received after this date may not be addressed.
Questions and requests for information that would not materially affect the scope of services
to be performed or the solicitation process will be answered within the question / answer
feature provided by BidSync and shall be for clarification purposes only. Material changes, if
any, to the scope of services or the solicitation process will only be transmitted by official
written addendum issued by the City and uploaded to BidSync as a separate addendum to the
RFP. Under no circumstances shall an oral explanation given by any City official, officer, staff,
or agent be binding upon the City and should be disregarded. All addenda are a part of the
competitive solicitation documents and each firm will be bound by such addenda. It is the
responsibility of each to read and comprehend all addenda issued.
2.3 Changes and Alterations
Proposer may change or withdraw a Proposal at any time prior to Proposal submission deadline;
however, no oral modifications will be allowed. Modifications shall not be allowed following the
Proposal deadline.
2.4 Proposer's Costs
The City shall not be liable for any costs incurred by proposers in responding to this RFP.
2.6 Pricing/Delivery
All pricing should be identified on the Cost Proposal page provided in this RFP. No
additional costs may be accepted, other than the costs stated on the Cost Proposal page.
Failure to use the City's Cost Proposal page and provide costs as requested in this RFP may
deem your proposal non-responsive.
Contractor must quote a firm, fixed price for all services stated in the RFP. All costs including
travel shall be included in your proposal. The City shall not accept any additional costs
including any travel associated with coming to the City of Fort Lauderdale.
Prices proposed shall be valid for at least One-Hundred and Twenty (120) days from time of
RFP opening unless otherwise extended and agreed upon by the City and proposer.
2.6 Invoices/Payment
The City will accept invoices no more frequently than once per month. Each invoice shall fully
detail the related costs and shall specify the status of the particular task or project as of the
date of the invoice with regard to the accepted schedule for that task or project. Payment will
be made within forty-five (45) days after receipt of an invoice acceptable to the City, in
accordance with the Florida Local Government Prompt Payment Act. If, at any time during the
contract, the City shall not approve or accept the Contractor's work product, and agreement
cannot be reached between the City and the Contractor to resolve the problem to the City's
satisfaction, the City shall negotiate with the Contractor on a payment for the work completed
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City of Fort Lauderdale Bid 875-12011
and usable to the City.
2.7 Related Expenses/Travel Expenses
All costs including travel are to be included in your proposal. The City will not accept any
additional costs.
2.8 Payment Method
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor
of the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for
checks to be printed and mailed. Payments will be made utilizing the City's P-Card
(MasterCard or Visa). Accordingly, firms must presently have the ability to accept credit card
payment or take whatever steps necessary to implement acceptance of a credit card before
the commencement of a contract. See Contract Payment Method form attached.
2.9 Mistakes
The consultant shall examine this RFP carefully. The submission of a Proposal shall be prima
facie evidence that the consultant has full knowledge of the scope, nature, and quality of the
work to be performed; the detailed requirements of the specifications; and the conditions
under which the work is to be performed. Ignorance of the requirements will not relieve the
consultant from liability and obligations under the Contract.
2.10 Acceptance of Proposals/Minor Irregularities
2.10.1 The City reserves the right to accept or reject any or all proposals, part of proposals,
and to waive minor irregularities or variances to specifications contained in proposals
which do not make the proposal conditional in nature and minor irregularities in the
solicitation process. A minor irregularity shall be a variation from the solicitation that
does not affect the price of the contract or does not give a respondent an advantage or
benefit not enjoyed by other respondents, does not adversely impact the interests of
other firms or, does not affect the fundamental fairness of the solicitation process. The
City also reserves the right to reissue a Request for Proposal.
2.10.2 The City reserves the right to disqualify Proposer during any phase of the competitive
solicitation process and terminate for cause any resulting contract upon evidence of
collusion with intent to defraud or other illegal practices on the part of the Proposer.
2.11 Modification of Services
2.11.1 While this contract is for services provided to the department referenced in this
Request for Proposals, the City may require similar work for other City departments.
Successful Proposer agrees to take on such work unless such work would not be
considered reasonable or become an undue burden to the Successful Proposer.
2.11.2 The City reserves the right to delete any portion of the work at any time without cause,
and if such right is exercised by the City, the total fee shall be reduced in the same
ratio as the estimated cost of the work deleted bears to the estimated cost of the
work originally planned. If work has already been accomplished and approved by the
City on any portion of a contract resulting from this RFP, the Successful Proposer shall
be paid for the work completed on the basis of the estimated percentage of
completion of such portion to the total project cost.
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2.11.3 The City may require additional items or services of a similar nature, but not
specifically listed in the contract. The Successful Proposer agrees to provide such
items or services, and shall provide the City prices on such additional items or
services. If the price(s) offered are not acceptable to the City, and the situation
cannot be resolved to the satisfaction of the City, the City reserves the right to
procure those items or services from other vendors, or to cancel the contract upon
giving the Successful Proposer thirty(30) days written notice.
2.11.4 If the Successful Proposer and the City agree on modifications or revisions to the
task elements, after the City has approved work to begin on a particular task or
project, and a budget has been established for that task or project, the Successful
Proposer will submit a revised budget to the City for approval prior to proceeding with
the work.
2.12 No Exclusive Contract
Proposer agrees and understands that the contract shall not be construed as an exclusive
arrangement and further agrees that the City may, at any time, secure similar or identical
services from another vendor at the City's sole option.
2.13 Sample Contract Agreement
A sample of the formal agreement template, which may be required to be executed by the
awarded vendor can be found at our website
http://fortlauderdale.gov/purchasing/AWARDS/CONTRACT TEMPLATE SERVICES.pdf
2.14 Responsiveness
In order to be considered responsive to the solicitation, the firm's proposal shall fully conform
in all material respects to the solicitation and all of its requirements, including all form and
substance.
2.15 Responsibility
In order to be considered as a responsible firm, firm shall be fully capable to meet all of the
requirements of the solicitation and subsequent contract, must possess the full capability,
including financial and technical, to perform as contractually required, and must be able to
fully document the ability to provide good faith performance.
2.16 Minimum Qualifications
Proposers shall be in the business of Auction Services and must possess sufficient financial
support, equipment and organization to ensure that it can satisfactorily perform the services if
awarded a Contract. Proposers must demonstrate that they, or the key staff assigned to the
project, have successfully provided services with similar magnitude to those specified in the
scope of services to at least one entity similar in size and complexity to the City of Fort
Lauderdale or can demonstrate they have the experience with large scale private sector
clients and the managerial and financial ability to successfully perform the work.
Proposers shall satisfy each of the following requirements cited below. Failure to do so may
result in the proposal being deemed non-responsive.
2.16.1 Proposer or principals shall have relevant experience in providing auction services.
Proposers must be currently licensed, in good standing, and must comply with requirements
under Florida Statutes Chapter 468, Part V, Auctioneers (ss. 468.35 -468.639)
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2.16.2 Before awarding a contract, the City reserves the right to require that a Proposer
submit such evidence of qualifications as the City may deem necessary. Further, the
City may consider any evidence of the financial, technical, and other qualifications and
abilities of a firm or principals, including previous experiences of same with the City
and performance evaluation for services, in making the award in the best interest of
the City.
2.16.3 Firm or principals shall have no record of judgments, pending lawsuits against the City
or criminal activities involving moral turpitude and not have any conflicts of interest that
have not been waived by the City Commission.
2.16.4 Neither firm nor any principal, officer, or stockholder shall be in arrears or in default of
any debt or contract involving the City, (as a party to a contract, or otherwise); nor
have failed to perform faithfully on any previous contract with the City.
2.17 Lobbying Activities
Any contractor submitting a response to this solicitation must comply, if applicable, with City of
Fort Lauderdale Ordinance No. C-00-27 & Resolution No. 07-101, Lobbying Activities. Copies
of Ordinance No. C-00-27 and Resolution No. 07-101 may be obtained from the City Clerk's
Office on the 7th Floor of City Hall, 100 N. Andrews Avenue, Fort Lauderdale, Florida. The
ordinance may also be viewed on the City's website at:
http://www.fortlauderdale.gov/clerk/LobbyistDocs/lobbyist ordinance.pdf.
2.18 Local Business Preference
2.18.1 Section 2-199.2, Code of Ordinances of the City of Fort Lauderdale, provides for a
local business preference. In order to be considered for a local business preference, a
proposer must include the Local Business Preference Certification Statement of this
RFP, as applicable to the local business preference class claimed at the time of
Proposal submittal:
2.18.2 Upon formal request of the City, based on the application of a Local Business
Preference the Proposer shall within ten (10) calendar days submit the following
documentation to the Local Business Preference Class claimed:
a. Copy of City of Fort Lauderdale current year business tax receipt, or Broward
County current year business tax receipt, and
b. List of the names of all employees of the proposer and evidence of employees'
residence within the geographic bounds of the City of Fort Lauderdale or Broward
County, as the case may be, such as current Florida driver license, residential
utility bill (water, electric, telephone, cable television), or other type of similar
documentation acceptable to the City.
2.18.3 Failure to comply at time of Proposal submittal shall result in the Proposer being found
ineligible for the local business preference.
2.18.4 The complete local business preference ordinance may be found on the City's web site
at the following link: http://fortlauderdale.aov/home/showdocument?id=6422
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2.18.6 Definitions
The term "Business" shall mean a person, firm, corporation or other business entity
which is duly licensed and authorized to engage in a particular work in the State of
Florida. Business shall be broken down into four(4) types of classes:
1. Class A Business — shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of the City and shall maintain a
staffing level of the prime contractor for the proposed work of at least fifty percent
(50%) who are residents of the City.
2. Class B Business - shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of the City or shall maintain a
staffing level of the prime contractor for the proposed work of at least fifty percent
(50%)who are residents of the City.
3. Class C Business - shall mean any Business that has established and agrees to
maintain a permanent place of business located in a non-residential zone and
staffed with full-time employees within the limits of Broward County.
4. Class D Business — shall mean any Business that does not qualify as either a
Class A, Class B, or Class C business.
2.19 Protest Procedure
2.19.1 Any Proposer or Bidder who is not recommended for award of a contract and who
alleges a failure by the city to follow the city's procurement ordinance or any applicable
law may protest to the director of procurement services division (director), by delivering
a letter of protest to the director within five (5) days after a notice of intent to award is
posted on the city's web site at the following link:
http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-of-
intent-to-award.
2.19.2 The complete protest ordinance may be found on the city's web site at the following
link: http://www.fotauderdale.gov/purchasing/protestordinance.pdf
2.20 Public Entity Crimes
Contractor, by submitting a proposal attests she/he/it has not been placed on the convicted
vendor list. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals 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, Florida Statutes, for Category Two for a period of 36 months from the date of
being placed on the convicted vendor list.
2.21 Subcontractors
2.21.1 If the Contractor proposes to use subcontractors in the course of providing these
services to the City, this information shall be a part of the bid response. Such
information shall be subject to review, acceptance and approval of the City, prior to any
contract award. The City reserves the right to approve or disapprove of any
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subcontractor candidate in its best interest and to require Contractor to replace
subcontractor with one that meets City approval.
2.21.2 Contractor shall ensure that all of Contractor's subcontractors perform in accordance
with the terms and conditions of this Contract. Contractor shall be fully responsible for
all of Contractor's subcontractors' performance, and liable for any of Contractor's
subcontractors' non-performance and all of Contractor's subcontractors' acts and
omissions. Contractor shall defend, at Contractor's expense, counsel being subject to
the City's approval or disapproval, and indemnify and hold harmless the City and the
City's officers, employees, and agents from and against any claim, lawsuit, third-party
action, or judgment, including any award of attorney fees and any award of costs, by or
in favor of any Contractor's subcontractors for payment for work performed for the City.
2.21.3 Contractor shall require all of its subcontractors to provide the required insurance
coverage as well as any other coverage that the contractor may consider necessary, and
any deficiency in the coverage or policy limits of said subcontractors will be the sole
responsibility of the contractor.
2.22 Proposal Security— N/A
2.23 Payment and Performance Bond— N/A
2.24 Insurance Requirements
2.24.1 The Contractor shall furnish proof of insurance requirements as indicated below. The
coverage is to remain in force at all times during the contract period. The following
minimum insurance coverage is required. The City is to be added as an
"additional insured" with relation to General Liability Insurance. This MUST be written
in the description section of the insurance certificate, even if you have a check-off box
on your insurance certificate. Any costs for adding the City as "additional insured" will
be at the contractor's expense.
2.24.2 The City of Fort Lauderdale shall be given notice 10 days prior to cancellation or
modification of any stipulated insurance. The insurance provided shall be endorsed or
amended to comply with this notice requirement. In the event that the insurer is
unable to accommodate, it shall be the responsibility of the Contractor to provide the
proper notice. Such notification will be in writing by registered mail, return receipt
requested and addressed to the Procurement Services Division.
2.24.3 The Contractor's insurance must be provided by an A.M. Best's "A" rated or better
insurance company authorized to issue insurance policies in the State of Florida,
subject to approval by the City's Risk Manager. Any exclusions or provisions in the
insurance maintained by the contractor that precludes coverage for work
contemplated in this RFP shall be deemed unacceptable, and shall be considered
breach of contract.
Workers' Compensation and Employers' Liability Insurance
Limits: Workers' Compensation — Per Florida Statute 440
Employers' Liability- $500,000
Any firm performing work on behalf of the City of Fort Lauderdale must provide Workers'
Compensation insurance. Exceptions and exemptions will be allowed by the City's Risk
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City of Fort Lauderdale Bid 875-12011
Manager, if they are in accordance with Florida Statute. For additional information contact the
Department of Financial Services, Workers' Compensation Division at (850) 413-1601 or on
the web at www.fldfs.com.
Commercial General Liability Insurance
Covering premises-operations, products-completed operations, independent contractors and
contractual liability.
Limits: Combined single limit bodily injury/property damage $1,000,000. This coverage
must include, but not limited to:
a. Coverage for the liability assumed by the contractor under the indemnity provision
of the contract.
b. Coverage for Premises/Operations
c. Products/Completed Operations
d. Broad Form Contractual Liability
e. Independent Contractors
Automobile Liability Insurance
Covering all owned, hired and non-owned automobile equipment.
Limits: Bodily injury $250,000 each person, $500,000 each occurrence
Property damage $100,000 each occurrence
2.24.4 A copy of ANY current Certificate of Insurance should be included with your proposal.
2.24.5 In the event that you are the successful Proposer, you will be required to provide a
certificate naming the City as an "additional insured" for General Liability. Certificate
holder should be addressed as follows:
City of Fort Lauderdale
Procurement Services Division
100 N. Andrews Avenue, Room 619
Fort Lauderdale, FL 33301
2.26 Award of Contract
A Contract (the "Agreement") may be awarded by the City Commission. The City reserves the
right to execute or not execute, as applicable, a contract with the Proposer(s) that is
determined to be in the City's best interests. The City reserves the right to award a contract to
more than one Proposer, at the sole and absolute discretion of the in the City.
2.26 Unauthorized Work
The Successful Proposer(s) shall not begin work until a Contract has been awarded by the
City Commission and a notice to proceed has been issued. Proposer(s) agree and understand
that the issuance of a Purchase Order and/or Task Order shall be issued and provided to the
Successful Proposer(s) following Commission award; however, receipt of a purchase order
and/or task order shall not prevent the Successful Proposer(s) from commencing the work
once the City Commission has awarded the contract and notice to proceed is issued.
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2.27 Damage to Public or Private Property
Extreme care shall be taken to safeguard all existing facilities, site amenities, irrigation
systems, vehicles, etc. on or around the job site. Damage to public and/or private property
shall be the responsibility of the Contractor and shall be repaired and/or replaced at no
additional cost to the City.
2.28 Safety
The Contractor(s) shall adhere to the Florida Department of Transportation's Uniform manual
on Traffic Control for construction and maintenance work zones when working on or near a
roadway. It will be the sole responsibility of the Contractor to make themselves and their
employees fully aware of these provisions, especially those applicable to safety.
2.29 Uncontrollable Circumstances ("Force Majeure")
The City and Contractor will be excused from the performance of their respective obligations
under this agreement when and to the extent that their performance is delayed or prevented
by any circumstances beyond their control including, fire, flood, explosion, strikes or other
labor disputes, act of God or public emergency, war, riot, civil commotion, malicious damage,
act or omission of any governmental authority, delay or failure or shortage of any type of
transportation, equipment, or service from a public utility needed for their performance,
provided that:
2.29.1 The non performing party gives the other party prompt written notice describing the
particulars of the Force Majeure including, but not limited to, the nature of the
occurrence and its expected duration, and continues to furnish timely reports with
respect thereto during the period of the Force Majeure;
2.29.2 The excuse of performance is of no greater scope and of no longer duration than is
required by the Force Majeure;
2.29.3 No obligations of either party that arose before the Force Majeure causing the excuse
of performance are excused as a result of the Force Majeure; and
2.29.4 The non performing party uses its best efforts to remedy its inability to perform.
Notwithstanding the above, performance shall not be excused under this Section for a
period in excess of two (2) months, provided that in extenuating circumstances, the
City may excuse performance for a longer term. Economic hardship of the Contractor
will not constitute Force Majeure. The term of the agreement shall be extended by a
period equal to that during which either party's performance is suspended under this
Section.
2.30 Canadian Companies
The City may enforce in the United States of America or in Canada or in both countries a
judgment entered against the Contractor. The Contractor waives any and all defenses to the
City's enforcement in Canada, of a judgment entered by a court in the United States of
America. All monetary amounts set forth in this Contract are in United States dollars.
2.31 News Releases/Publicity
News releases, publicity releases, or advertisements relating to this contract or the tasks or
projects associated with the project shall not be made without prior City approval.
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2.32 Manufacturer/Brand/Model Specific Request— N/A
2.33 Contract Period
The initial contract term shall commence upon date of award by the City or October 1, 2017,
whichever is later, and shall expire three (3)years from that date. The City reserves the right to
extend the contract for two (2), additional one (1) year terms, providing all terms conditions
and specifications remain the same, both parties agree to the extension, and such extension
is approved by the City.
In the event services are scheduled to end because of the expiration of this contract, the
Contractor shall continue the service upon the request of the City as authorized by the
awarding authority. The extension period shall not extend for more than 120 days beyond the
expiration date of the existing contract. The Contractor shall be compensated for the service
at the rate in effect when this extension clause is invoked by the City.
2.34 Cost Adjustments
Prices quoted shall be firm for the initial contract term of three (3) year(s). No cost increases
shall be accepted in this initial contract term. Please consider this when providing pricing for
this request for proposal.
Thereafter, any extensions which may be approved by the City shall be subject to the
following: costs for any extension terms shall be subject to an adjustment only if increases or
decreases occur in the industry. Such adjustment shall be based on the latest yearly
percentage increase in the All Urban Consumers Price Index (CPI-U) as published by the
Bureau of Labor Statistics, U.S. Dep't. of Labor, and shall not exceed five percent(5%).
The yearly increase or decrease in the CPI shall be that latest Index published and available
for the calendar year ending 12/31, prior to the end of the contract year then in effect, as
compared to the index for the comparable month, one-year prior.
Any requested adjustment shall be fully documented and submitted to the City at least ninety
(90) days prior to the contract anniversary date. Any approved cost adjustments shall become
effective on the beginning date of the approved contract extension.
The City may, after examination, refuse to accept the adjusted costs if they are not properly
documented, or considered to be excessive, or if decreases are considered to be insufficient.
In the event the City does not wish to accept the adjusted costs and the matter cannot be
resolved to the satisfaction of the City, the Contract will be considered cancelled on the
scheduled expiration date.
2.35 Service Test Period
If the Contractor has not previously performed the services to the city, the City reserves the
right to require a test period to determine if the Contractor can perform in accordance with the
requirements of the contact, and to the City's satisfaction. Such test period can be from thirty
to ninety days, and will be conducted under all specifications, terms and conditions contained
in the contract. This trial period will then become part of the initial contract period.
A performance evaluation will be conducted prior to the end of the test period and that
evaluation will be the basis for the City's decision to continue with the Contractor or to select
another Contractor(if applicable).
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2.36 Contract Coordinator
The City may designate a Contract Coordinator whose principal duties shall be:
Liaison with Contractor.
Coordinate and approve all work under the contract.
Resolve any disputes.
Assure consistency and quality of Contractor's performance.
Schedule and conduct Contractor performance evaluations and document findings.
Review and approve for payment all invoices for work performed or items delivered.
2.37 Contractor Performance Reviews and Ratings
The City Contract Coordinator may develop a Contractor performance evaluation report. This
report shall be used to periodically review and rate the Contractor's performance under the
contract with performance rating as follows:
Excellent Far exceeds requirements.
Good Exceeds requirements
Fair Just meets requirements.
Poor Does not meet all requirements and contractor is subject to penalty
provisions under the contact.
Non-compliance Either continued poor performance after notice or a performance level
that does not meet a significant portion of the requirements.
This rating makes the Contractor subject to the default or cancellation
for cause provisions of the contract.
The report shall also list all discrepancies found during the review period. The Contractor
shall be provided with a copy of the report, and may respond in writing if he takes exception to
the report or wishes to comment on the report. Contractor performance reviews and
subsequent reports will be used in determining the suitability of contract extension.
2.38 Substitution of Personnel —N/A
2.39 Insurance for Collection of Credit Card Payments
The successful contractor will need to provide proof that they maintain insurance coverage in
an amount of not less than $1,000,000 specifically for cyber related crimes relating to the
transmission of credit card information over their website that can include but are not limited to
criminal activity involving the information technology infrastructure, including illegal access
(unauthorized access), illegal interception (by technical means of non-public transmissions of
computer data to, from or within a computer system), data interference (unauthorized
damaging, deletion, deterioration, alteration or suppression of computer data), systems
interference (interfering with the functioning of a computer system by inputting, transmitting,
damaging, deleting, deteriorating, altering or suppressing computer data), misuse of devices,
forgery (ID theft), and electronic fraud.
2.40 Ownership of Work—N/A
2.41 Condition of Trade-in Equipment—N/A
2.42 Conditions of Trade-In Shipment and Purchase Payment— N/A
2.43 Verification of Employment Status
Any Contractor/Consultant assigned to perform responsibilities under its contract with a State
agency is required to utilize the US Department of Homeland Security's E-Verify system (per
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Executive Order Number 11-02) to verify the employment eligibility of: (a) all persons
employed during the contract term by the Contractor to perform employment duties within
Florida; and (b) all persons (including subcontractors) assigned by the Contractor to perform
work pursuant to the contract with the State agency.
E-VERIFY Affirmation Statement (Attachment "A") should be completed and submitted with
Proposer's response to this RFP.
2.44 Service Organization Controls— N/A
2.46 Warranties of Usage
Any estimated quantities listed are for information and tabulation purposes only. No warranty
or guarantee of quantities needed is given or implied. It is understood that the Contractor will
furnish the City's needs as they arise.
END OF SECTION
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City of Fort Lauderdale Bid 875-12011
SECTION III -TECHNICAL SPECIFICATIONS/SCOPE OF SERVICES
3.1 Scope of Services
The City of Fort Lauderdale (City) is seeking auction services to sell, from time to time, at
public absolute auction sale (or on-line internet auction as approved by City), surplus
equipment and vehicles ("Property"). Auctioneer shall perform all the services and tasks to
market, advertise, transport and sell the equipment and vehicles by absolute action, through
closing of the transaction, including all necessary, incidental and related activities and
services ("Services"). Auctioneer shall provide all necessary auctioneers, accountants, clerks
and office staff required to achieve the efficient and orderly performance of the auction sale.
Auctioneer shall employ qualified personnel to perform the Services, and shall perform this
engagement in a professional and skilled manner in accordance with all applicable, federal,
state and local laws and regulations. Auctioneer shall be responsible for all work necessary
to sell consigned property a live auction at the Auctioneer's location. Auctioneer shall notify
City of any auctions scheduled to be conducted in Broward, Miami-Dade or Palm Beach
County at least ten (10) business days prior to the scheduled auction sale date and shall use
its best efforts to advertise the sale.
3.2 Auction Services
The surplus property to be sold shall be identified by City. The property auctioned may
range from cars & trucks, heavy equipment, office equipment and furniture along with
miscellaneous other equipment and surplus supplies. The property in most cases will be
offered for sale individually, or in the case of small miscellaneous items, sold in lots as
determined by the Auctioneer and approved by the City. The Property will be sold for cash
or certified funds to the highest bidder on an "As-Is-Where-Is" basis without any warranties
of any kind expressed or implied. City agrees to disclose to Auctioneer any known defects or
faults with equipment/auction items prior to the auction sale. Auctioneer will charge and
collect from the purchaser at auction the purchase price together with all applicable taxes.
Auctioneer will collect in full from the purchaser prior to removal of the Property from the
auction sale site. City or any agent for City is forbidden to bid on its own Property. All items
will be sold at public absolute sale to the highest bidder regardless of price without reserve
unless a minimum price is established by City. In the event that a successful bidder fails to
pay for an item for which he is designated to be the high bidder, that item will be
considered a "No Sale" and no commission will be charged on that item and the item shall
be promptly return to the City.
It is the City's desire to secure both on-line (internet) based auction services for small goods,
surplus equipment for vehicles and trucks, accident-damaged/unserviceable vehicles and
equipment and other miscellaneous property. In addition, it is the City's desire to secure
public absolute (live) auction services for serviceable cars and trucks. Proposers may bid
only on internet auction services, only public absolute auction services, or both
internet auction services and absolute auction services.
3.3 Requirements
Auctioneer shall meet the requirements as follows as part of the scope of services
including, but not limited to:
A. Fully automated accounting system that will track and provide the
following information:
1) List of all lot numbers on which individual bidders were successful, to include
total dollar amount spent by each registered bidder; and
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2) Dollar amount of bid price for each lot sold; and
3) Reports available at the day of auction.
B. Trained staff able to provide the following services:
1) Receive and tag lots as they are received from City to auction site; and
2) Perform data entry on above noted automated system; and
3) Receive and account for payments; and
4) Issue receipts and vehicle documents (bills of sale, title transfers).
C. Advertising by Auctioneer:
1) Notify all individuals and companies on the maintained bidders' lists for equipment,
vehicles and other items offered for sale at auction; and
2) Advertise in auction trade journals, publications, website and etc.; and
3) Edit, print and distribute brochures based on equipment and other items to
be sold at auction; and
4) Provide brochures to the City for distribution, in quantity requested by the City; and
D. Transport Items/Equipment Requirement:
1) Transport ALL items/equipment from the City to the Auctioneer's auction site(s) at
no cost to the City with the proper transportation equipment; and
2) Transport ALL unsold items/equipment from the Auctioneer's auction site(s) to the
City at no cost to the City with the proper transportation equipment upon request of
the City. Auctioneer shall retain property at their location until auction is held, unless
otherwise approved in writing by the City's Contract Coordinator.
E. Licensed Auctioneer in good standing in the State of Florida
Auctioneer must comply under Florida Statutes Chapter 468, Part V, Auctioneers (ss.
468.35-468.639.)
3.4 Responsibilities
Auctioneer is responsible for the following responsibilities including but not limited to:
A. For public absolute auction services only, Auctioneer shall provide a suitable site for
the auction(s) with adequate restroom facilities available for staff and bidders; and
B. Write, publish and pay for any required legal advertising; and
C. Provide as complete a list of items to be auctioned as possible; a minimum of ten (10)
business days in advance of the auction.
D. Arrange the transport of the City's Property to the sale site no later than ten (10) days
prior to the scheduled auction sale and transport "No Sale" Property back to the City
no later than five (5) days after request of the City. Items must be delivered to Auctioneer
in running condition (except when noted) with adequate fuel levels and a duplicate set of
keys. All drivers (including subcontractors) must have valid CDL license and be covered
by Auctioneer's insurance as set forth in Section 2.21.
E. For all costs of advertising and conducting the auction sale including the arrangement
of transport of the City's Property.
3.4 Auction Coordination
Auctioneer shall be responsible for coordination of all auction activities with the City Contract
Coordinator or designees. Auctioneer shall offer suggestions, on a timely basis, for
maximizing sale value of items. The City will provide Auctioneer an inventory list(s). The
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City 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.
Auctioneer shall tag all items for sale prior to the day of the auction.
3.5 Ownership
City warrants it is the owner of and has marketable title to all of the Property, free and clear
from any liens, debts or encumbrances except as noted. City further warrants that there no
judgments or liens against it and that there are no pending legal actions, claims or
proceeding whatsoever which in any way would hinder, prevent or otherwise affect its right
or ability to sell the Property at auction sale. City agrees to deliver upon request any
documents, certificates, proof of ownership or titles, which would be required to deliver title
to the Property. In the case that there is a delay in the new purchaser receiving a clear title
for any vehicle sold for the City, the net proceeds from the sale will be held until free and
clear title is received by the purchaser or, at the discretion of the Auctioneer, the item may be
pulled from the auction sale and remain City's property. City shall be responsible for the cost
associated with sending any documents for the new purchaser.
3.6 Proceeds of Sales
Auctioneer shall pay City the net proceeds from the auction sale fourteen (14) business
days following the auction sale. Auctioneer shall express mail or email a written report to
City listing items sold and an amount equal to agreed percentage of the gross selling
price of the Property sold at auction in the form of a certified check made payable to City
or electronic transfer. Proceeds checks shall be made payable to the City of Fort
Lauderdale. Auctioneer shall specify units sold and funds received for each unit.
3.7 Audit
Auctioneer shall maintain adequate records for the services performed under this
Agreement for five (5) years following completion of the services. City shall have the right to
audit Auctioneer's books and records upon providing written notice.
END OF SECTION
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City of Fort Lauderdale Bid 875-12011
SECTION IV—SUBMITTAL REQUIREMENTS
4.1 Instructions
4.1.1 Although proposals are accepted `hard copy', the City of Fort Lauderdale uses Bidsync
(www.bidsync.com) to administer the competitive solicitation process, including but not
limited to soliciting proposals, issuing addenda, responding to questions / requests for
information. There is no charge to register and download the RFP from Bidsync.
Proposers are strongly encouraged to read the various vendor Guides and Tutorials
available in Bidsync well in advance of their intention of submitting a proposal to
ensure familiarity with the use of Bidsync. The City shall not be responsible for a
Proposer's inability to submit a proposal by the end date and time for any reason,
including issues arising from the use of Bidsync.
4.1.2 Careful attention must be given to all requested items contained in this RFP.
Proposers are invited to submit proposals in accordance with the requirements of this
RFP. Please read entire solicitation before submitting a proposal. Proposers must
provide a response to each requirement of the RFP. Proposals should be prepared in
a concise manner with an emphasis on completeness and clarity. Notes, exceptions,
and comments may be rendered on an attachment, provided the same format of this RFP
text is followed.
4.1.3 All information submitted by Proposer shall be typewritten or provided as otherwise
instructed to in the RFP. Proposers shall use and submit any applicable or required forms
provided by the City and attach such to their proposal. Failure to use the forms may
cause the proposal to be rejected and deemed non-responsive.
4.1.4 Proposals shall be submitted by an authorized representative of the firm. Proposals must
be submitted in the business entities name by the President, Partner, Officer or
Representative authorized to contractually bind the business entity. Proposals shall
include an attachment evidencing that the individual submitting the proposal, does in fact
have the required authority stated herein.
4.1.5 All proposals will become the property of the City. The Proposer's response to the RFP
is a public record pursuant to Florida law, which is subject to disclosure by the City under
the State of Florida Public Records Law, Florida Statutes Chapter 119.07 ("Public
Records Law"). The City shall permit public access to all documents, papers, letters or
other material submitted in connection with this RFP and the Contract to be executed for
this RFP, subject to the provisions of Chapter 119.07 of the Florida Statutes. Any
language contained in the Proposer's response to the RFP purporting to require
confidentiality of any portion of the Proposer's response to the RFP, except to the extent
that certain information is in the City's opinion a Trade Secret pursuant to Florida law,
shall be void. If a Proposer submits any documents or other information to the City
which the Proposer claims is Trade Secret information and exempt from Florida Statutes
Chapter 119.07 ("Public Records Laws"), the Proposer shall clearly designate that it is a
Trade Secret and that it is asserting that the document or information is exempt. The
Proposer must specifically identify the exemption being claimed under Florida Statutes
119.07. The City shall be the final arbiter of whether any information contained in the
Proposer's response to the RFP constitutes a Trade Secret. The city's determination of
whether an exemption applies shall be final, and the Proposer agrees to defend,
indemnify, and hold harmless the city and the city's officers, employees, and agent,
against any loss or damages incurred by any person or entity as a result of the city's
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City of Fort Lauderdale Bid 875-12011
treatment of records as public records. In the event of Contract award, all documentation
produced as part of the Contract shall become the exclusive property of the City.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT. CONTACT
THE CUSTODIAN OF PUBLIC RECORDS AT CITY CLERK'S OFFICE, 100
NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301, 954-828-
5002, PRRCONTRACT(cD-FORTLAUDERDALE.GOV.
4.1.6 1 original and 1 copy plus 4 electronic(soft) copy of your proposal shall be delivered in a
sealed package with the RFP number, due and open date, and RFP title clearly marked
on the outside by the due date and time (deadline) to the address specified in Section I,
1.2— Submission Deadline. It is the sole responsibility of the respondent to ensure their
proposal is received on or before the date and time stated, in the specified number of
copies and in the format stated herein.
4.1.7 By submitting a response Proposer is confirming that the firm has not been placed on the
convicted vendors list as described in Section §287.133 (2) (a) Florida Statues; that the
only person(s), company or parties interested in the proposal as principals are named
therein; that the proposal is made without collusion with any other person(s), company or
parties submitting a proposal; that it is in all respects fair and in good faith, without
collusion or fraud; and that the signer of the proposal has full authority to bind the firm.
4.2 Contents of the Proposal
The City deems certain documentation and information important in the determination of
responsiveness and for the purpose of evaluating proposals. Proposals should seek to avoid
information in excess of that requested, must be concise, and must specifically address the
issues of this RFP. The City prefers that proposals be no more than 50 pages double-sided,
be bound in a soft cover binder, and utilize recyclable materials as much as practical.
Elaborate binders are neither necessary nor desired. Please place the labeled DVD/CD in a
paper sleeve. The proposals shall be organized and divided into the sections indicated herein.
These are not inclusive of all the information that may be necessary to properly evaluate the
proposal and meet the requirements of the scope of work and/or specifications. Additional
documents and information should be provided as deemed appropriate by the respondent in
proposal to specific requirements stated herein or through the RFP.
4.2.1 Table of Contents
The table of contents should outline in sequential order the major areas of the
submittal, including enclosures. All pages should be consecutively numbered and
correspond to the Table of Contents.
4.2.2 Executive Summary
Each Offeror must submit an executive summary that identifies the business entity, its
background, main office(s), and office location that will service this contract. Identify
the officers, principals, supervisory staff and key individuals who will be directly
involved with the work and their office locations. The executive summary should also
summarize the key elements of the proposal.
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4.2.3 Experience and Qualifications
Indicate the firm's number of years of experience in providing the professional services
as it relates the work contemplated. Provide details of past projects for agencies of
similar size and scope, including information on your firm's ability to meet time and
budget requirements. Indicate the firm's initiatives towards its own sustainable
business practices that demonstrate a commitment to conservation. Indicate business
structure, IE: Corp., Partnership, LLC. Firm should be registered as a legal entity in the
State of Florida; Minority or Woman owned Business (if applicable); Company
address, phone number, fax number, E-Mail address, web site, contact person(s), etc.
Relative size of the firm, including management, technical and support staff; licenses
and any other pertinent information shall be submitted.
4.2.4 Approach to Scope of Work
Provide in concise narrative form, your understanding of the City's needs, goals and
objectives as they relate to the project, and your overall approach to accomplishing the
project. Give an overview on your proposed vision, ideas and methodology. Describe
your proposed approach to the project. As part of the project approach, the proposer
shall propose a scheduling methodology (time line) for effectively managing and
executing the work in the optimum time. Also provide information on your firm's current
workload and how this project will fit into your workload. Describe available facilities,
technological capabilities and other available resources you offer for the project.
4.2.5 References
Provide at least three references on Attachment "B", preferably government agencies,
for projects with similar scope as listed in this RFP. Information should include:
• Client Name, address, contact person telephone and E-mail addresses.
• Description of work.
• Year the project was completed.
• Total cost of the project, estimated and actual.
Note: Do not include City of Fort Lauderdale work or staff as references to
demonstrate your capabilities. The Committee is interested in work experience
and references other than the City of Fort Lauderdale.
4.2.6 Minority/Women (M/WBE) Participation
If your firm is a certified minority business enterprise as defined by the Florida Small
and Minority Business Assistance Act of 1985, provide copies of your certification(s). If
your firm is not a certified M/WBE, describe your company's previous efforts, as well
as planned efforts in meeting M/WBE procurement goals under Florida Statutes
287.09451.
4.2.7 Subcontractors
Proposer must clearly identify any subcontractors that may be utilized during the term
of this contract.
4.2.8 Required Forms
a. Proposal Certification
Complete and attach the Proposal Certification provided herein.
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b. Cost Proposal
Provide firm, fixed, costs for all services/products using the form provided in this
request for proposal. These firm fixed costs for the project include any costs for
travel and miscellaneous expenses. No other costs will be accepted.
c. Non-Collusion Statement
This form is to be completed, if applicable, and inserted in this section.
d. Local Business Preference (LBP)
This form is to be completed, if applicable, and inserted in this section
e. Contract Payment Method
This form must be completed and returned with your proposal. Proposers must
presently have the ability to accept these credit cards or take whatever steps
necessary to implement acceptance of a card before the start of the contract term,
or contract award by the City.
f. Sample Insurance Certificate
Demonstrate your firm's ability to comply with insurance requirements. Provide a
previous certificate or other evidence listing the Insurance Companies names for
the required coverage and limits.
END OF SECTION
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City of Fort Lauderdale Bid 875-12011
SECTION V— EVALUATION AND AWARD
5.1 Evaluation Procedure
5.1.1 Bid Tabulations/Intent to Award
Notice of Intent to Award Contract/Bid, resulting from the City's Formal solicitation
process, requiring City Commission action, may be found at
http://www.fortlauderdale.gov/departments/finance/procurement-services/notices-of-
intent-to-award. Tabulations of receipt of those parties responding to a formal
solicitation may be found at
http://www.fortlauderdale.gov/departments/finance/procurement-services/bid-results,
or any interested party may call the Procurement Office at 954-828-5933.
5.1.2 Evaluation of proposals will be conducted by an Evaluation Committee, consisting of a
minimum of three members of City Staff, or other persons selected by the City
Manager or designee. All committee members must be present at scheduled
evaluation meetings. Proposals shall be evaluated based upon the information and
references contained in the responses as submitted.
5.1.3 The Committee may short list no less than three Proposals, assuming that three
proposals have been received, that it deems best satisfy the weighted criteria set forth
herein. The committee may then conduct interviews and/or require oral presentations
from the short listed Proposers. The Evaluation Committee shall then re-score and re-
rank the short listed firms in accordance with the weighted criteria.
5.1.4 The City may require visits to the Proposer's facilities to inspect record keeping
procedures, staff, facilities and equipment as part of the evaluation process.
5.1.5 The final ranking and the Evaluation Committee's recommendation may then be
reported to the City Manager for consideration of contract award.
5.2 Evaluation Criteria
5.2.1 The City uses a mathematical formula to determine the scoring for each individual
responsive and responsible firm based on the weighted criteria stated herein. Each
evaluation committee member will rank each firm by criteria, giving their first ranked
firm a number 1, the second ranked firm a number 2, and so on. The City shall multiply
that average ranking by the weighted criterion identified herein to determine the total
the points for each proposer. The lowest average final ranking score will determine the
recommendation by the evaluation committee to the City Manager.
5.2.2 Weighted Criteria
ABILITY TO MEET OBJECTIVES
Understands the scope of the project 10%
Meets technical specifications 10%
QUALIFICATIONS
Skill, experience, expertise, and quality services/performances
demonstrated by the Proposer in performing the same type of services as 20%
those sought by the City;
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Responses of the client references. References will be verified and
evaluated based on the quality of work previous and currently being 15%
performed;
Facilities and resources: layout of web page; Safeguards/security of
website; check-out, reporting capabilities, Number of registered bidders in
database; percentage of'regular' buyers; Average number of website 15%
`hits' per month. Demonstrates the ability to auction classes of vehicles
with the highest resale market.
COMMISSION STRUCTURE AND FEES 30%
TOTAL PERCENT AVAILABLE: 100%
5.3 Contract Award
The City reserves the right to award a contract to the Auctioneer(s) who will best serve the
interests of the City. The City reserves the right, based upon its deliberations and in its
opinion, to accept or reject any or all proposals. The City also reserves the right to waive
minor irregularities or variations of the submittal requirements and RFP process.
END OF SECTION
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City of Fort Lauderdale Bid 875-12011
SECTION VI - COST PROPOSAL PAGE
Proposer Name:
Proposer agrees to supply the products and services at the prices bid below in accordance with the
terms, conditions and specifications contained in this RFP.
Cost to the City: Contractor must quote firm, fixed, costs for all services/products identified in this
request for proposal. These firm fixed costs for the project include any costs for travel and
miscellaneous expenses. No other costs will be accepted.
Notes:
1. On-Line Auction Services %
2. Public Absolute Auction Services %
Submitted by:
Name (printed) Signature
Date Title
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ATTACHMENT "A"
E-VERIFY AFFIRMATION STATEMENT
RFP/Bid /Contract No:
Project Description:
Contractor/Proposer/Bidder acknowledges and agrees to utilize the U.S. Department of
Homeland Security's E-Verify System to verify the employment eligibility of,
(a) all persons employed by Contractor/Proposer/Bidder to perform employment duties
within Florida during the term of the Contract, and,
(b) all persons (including subcontractors/vendors) assigned by
Contractor/Proposer/Bidder to perform work pursuant to the Contract.
The Contractor/Proposer/Bidder acknowledges and agrees that use of the U.S. Department
of Homeland Security's E-Verify System during the term of the Contract is a condition of
the Contract.
Contractor/Proposer/Bidder Company Name
Authorized Company Person's Signature
Authorized Company Person's Title
Date
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City of Fort Lauderdale Bid 875-12011
CITY OF FORT LAUDERDALE
GENERAL CONDITIONS
These instructions are standard for all contracts for commodities or services issued through the City of Fort Lauderdale Procurement
Services Division. The City may delete,supersede,or modify any of these standard instructions for a particular contract by indicating such
change in the Invitation to Bid (ITB) Special Conditions, Technical Specifications, Instructions, Proposal Pages, Addenda, and Legal
Advertisement. In this general conditions document, Invitation to Bid (ITB), Request for Qualifications (RFQ), and Request for Proposal
(RFP)are interchangeable.
PART I BIDDER PROPOSAL PAGE(S)CONDITIONS:
1.01 BIDDER ADDRESS: The City maintains automated vendor address lists that have been generated for each specific Commodity Class
item through our bid issuing service, BidSync. Notices of Invitations to Bid(ITB'S)are sent by e-mail to the selection of bidders who have
fully registered with BidSync or faxed(if applicable) to every vendor on those lists,who may then view the bid documents online. Bidders
who have been informed of a bid's availability in any other manner are responsible for registering with BidSync in order to view the bid
documents.There is no fee for doing so.If you wish bid notifications be provided to another e-mail address or fax,please contact BidSync.
If you wish purchase orders sent to a different address, please so indicate in your bid response If you wish payments sent to a different
address,please so indicate on your invoice.
1.02 DELIVERY: Time will be of the essence for any orders placed as a result of this ITB. The City reserves the right to cancel any orders, or
part thereof,without obligation if delivery is not made in accordance with the schedule specified by the Bidder and accepted by the City.
1.03 PACKING SLIPS: It will be the responsibility of the awarded Contractor, to attach all packing slips to the OUTSIDE of each shipment.
Packing slips must provide a detailed description of what is to be received and reference the City of Fort Lauderdale purchase order
number that is associated with the shipment. Failure to provide a detailed packing slip attached to the outside of shipment may result in
refusal of shipment at Contractor's expense.
1.04 PAYMENT TERMS AND CASH DISCOUNTS: Payment terms, unless otherwise stated in this ITB,will be considered to be net 45 days
after the date of satisfactory delivery at the place of acceptance and receipt of correct invoice at the office specified,whichever occurs last.
Bidder may offer cash discounts for prompt payment but they will not be considered in determination of award If a Bidder offers a
discount, it is understood that the discount time will be computed from the date of satisfactory delivery, at the place of acceptance, and
receipt of correct invoice,at the office specified,whichever occurs last.
1.05 TOTAL BID DISCOUNT: If Bidder offers a discount for award of all items listed in the bid,such discount shall be deducted from the total
of the firm net unit prices bid and shall be considered in tabulation and award of bid.
1.06 BIDS FIRM FOR ACCEPTANCE: Bidder warrants, by virtue of bidding, that the bid and the prices quoted in the bid will be firm for
acceptance by the City for a period of one hundred twenty(120)days from the date of bid opening unless otherwise stated in the ITB.
1.07 VARIANCES: For purposes of bid evaluation, Bidder's must indicate any variances, no matter how slight,from ITB General Conditions,
Special Conditions,Specifications or Addenda in the space provided in the ITB. No variations or exceptions by a Bidder will be considered
or deemed a part of the bid submitted unless such variances or exceptions are listed in the bid and referenced in the space provided on
the bidder proposal pages. If variances are not stated, or referenced as required, it will be assumed that the product or service fully
complies with the City's terms,conditions,and specifications.
By receiving a bid,City does not necessarily accept any variances contained in the bid. All variances submitted are subject to review and
approval by the City. If any bid contains material variances that, in the City's sole opinion, make that bid conditional in nature, the City
reserves the right to reject the bid or part of the bid that is declared,by the City as conditional.
1.08 NO BIDS: If you do not intend to bid please indicate the reason, such as insufficient time to respond, do not offer product or service,
unable to meet specifications,schedule would not permit,or any other reason,in the space provided in this ITB. Failure to bid or return no
bid comments prior to the bid due and opening date and time,indicated in this ITB,may result in your firm being deleted from our Bidder's
registration list for the Commodity Class Item requested in this ITB.
1.09 MINORITY AND WOMEN BUSINESS ENTERPRISE PARTICIPATION AND BUSINESS DEFINITIONS: The City of Fort Lauderdale
wants to increase the participation of Minority Business Enterprises (MBE), Women Business Enterprises (WBE), and Small Business
Enterprises(SBE)in its procurement activities. If your firm qualifies in accordance with the below definitions please indicate in the space
provided in this ITB.
Minority Business Enterprise(MBE) "A Minority Business"is a business enterprise that is owned or controlled by one or more socially or
economically disadvantaged persons Such disadvantage may arise from cultural, racial,chronic economic circumstances or background
or other similar cause. Such persons include,but are not limited to: Blacks, Hispanics,Asian Americans,and Native Americans.
The term "Minority Business Enterprise"means a business at least 51 percent of which is owned by minority group members or, in the
case of a publicly owned business,at least 51 percent of the stock of which is owned by minority group members. For the purpose of the
preceding sentence, minority group members are citizens of the United States who include, but are not limited to: Blacks, Hispanics,
Asian Americans,and Native Americans
Women Business Enterprise (WBE) a 'Women Owned or Controlled Business" is a business enterprise at least 51 percent of which is
owned by females or,in the case of a publicly owned business,at least 51 percent of the stock of which is owned by females.
Small Business Enterprise(SBE)"Small Business"means a corporation, partnership,sole proprietorship, or other legal entity formed for
the purpose of making a profit,which is independently owned and operated,has either fewer than 100 employees or less than$1,000,000
in annual gross receipts.
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City of Fort Lauderdale Bid 875-12011
BLACK,which includes persons having origins in any of the Black racial groups of Africa.
WHITE,which includes persons whose origins are Anglo-Saxon and Europeans and persons of Indo-European decent including Pakistani
and East Indian.
HISPANIC, which includes persons of Mexican, Puerto Rican, Cuban, Central and South American, or other Spanish culture or origin,
regardless of race.
NATIVE AMERICAN,which includes persons whose origins are American Indians,Eskimos,Aleuts,or Native Hawaiians.
ASIAN AMERICAN, which includes persons having origin in any of the original peoples of the Far East, Southeast Asia, the Indian
subcontinent,or the Pacific Islands
1.10 MINORITY-WOMEN BUSINESS ENTERPRISE PARTICIPATION
It is the desire of the City of Fort Lauderdale to increase the participation of minority(MBE)and women-owned (WBE) businesses in its
contracting and procurement programs. While the City does not have any preference or set aside programs in place,it is committed to a
policy of equitable participation for these firms. Proposers are requested to include in their proposals a narrative describing their past
accomplishments and intended actions in this area. If proposers are considering minority or women owned enterprise participation in their
proposal,those firms,and their specific duties have to be identified in the proposal. If a proposer is considered for award, he or she will
be asked to meet with City staff so that the intended MBEM/BE participation can be formalized and included in the subsequent contract.
1.11 SCRUTINIZED COMPANIES
Subject to Odebrecht Construction, Inc., v. Prasad, 876 F.Supp.2d 1305 (S.D. Fla. 2012), armed, Odebrecht Construction, Inc., v.
Secretary, Florida Department of Transportation, 715 F.3d 1268(11th Cir. 2013),with regard to the"Cuba Amendment,"the Contractor
certifies that it is not on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section 215.4725,Florida Statutes
(2016),that it is not engaged in a boycott of Israel,and that it does not have business operations in Cuba or Syria,as provided in section
287.135, Florida Statutes (2016), as may be amended or revised. The City may terminate this Agreement at the City's option if the
Contractor is found to have submitted a false certification as provided under subsection(5)of section 287.135,Florida Statutes(2016),as
may be amended or revised,or been placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or the Scrutinized Companies that Boycott Israel List created pursuant to Section
215.4725, Florida Statutes(2016),or is engaged in a boycott of Israel or has been engaged in business operations in Cuba or Syria,as
defined in Section 287.135,Florida Statutes(2016),as may be amended or revised.
1.12 DEBARRED OR SUSPENDED BIDDERS OR PROPOSERS
The bidder or proposer certifies, by submission of a response to this solicitation,that neither it nor its principals and subcontractors are
presently debarred or suspended by any Federal department or agency.
Part II DEFINITIONS/ORDER OF PRECEDENCE:
2.01 BIDDING DEFINITIONS The City will use the following definitions in its general conditions, special conditions, technical specifications,
instructions to bidders,addenda and any other document used in the bidding process:
INVITATION TO BID(ITB)when the City is requesting bids from qualified Bidders.
REQUEST FOR PROPOSALS(RFP)when the City is requesting proposals from qualified Proposers.
REQUEST FOR QUALIFICATIONS(RFQ)when the City is requesting qualifications from qualified Proposers.
BID—a price and terms quote received in response to an ITB.
PROPOSAL—a proposal received in response to an RFP.
BIDDER—Person or firm submitting a Bid.
PROPOSER—Person or firm submitting a Proposal.
RESPONSIVE BIDDER—A person whose bid conforms in all material respects to the terms and conditions included in the ITB.
RESPONSIBLE BIDDER—A person who has the capability in all respects to perform in full the contract requirements,as stated in the ITB,
and the integrity and reliability that will assure good faith performance.
FIRST RANKED PROPOSER—That Proposer,responding to a City RFP,whose Proposal is deemed by the City,the most advantageous
to the City after applying the evaluation criteria contained in the RFP.
SELLER—Successful Bidder or Proposer who is awarded a Purchase Order or Contract to provide goods or services to the City.
CONTRACTOR—Successful Bidder or Proposer who is awarded a Purchase Order,award Contract,Blanket Purchase Order agreement,
or Term Contract to provide goods or services to the City.
CONTRACT—A deliberate verbal or written agreement between two or more competent parties to perform or not to perform a certain act
or acts,including all types of agreements, regardless of what they may be called,for the procurement or disposal of equipment,materials,
supplies,services or construction.
CONSULTANT—Successful Bidder or Proposer who is awarded a contract to provide professional services to the City.
The following terms may be used interchangeably by the City: ITB and/or RFP;Bid or Proposal;Bidder, Proposer,or Seller;Contractor or
Consultant;Contract,Award,Agreement or Purchase Order.
2.02 SPECIAL CONDITIONS: Any and all Special Conditions contained in this ITB that may be in variance or conflict with these General
Conditions shall have precedence over these General Conditions. If no changes or deletions to General Conditions are made in the
Special Conditions,then the General Conditions shall prevail in their entirety,
PART III BIDDING AND AWARD PROCEDURES:
3.01 SUBMISSION AND RECEIPT OF BIDS: To receive consideration,bids must be received prior to the bid opening date and time. Unless
otherwise specified, Bidders should use the proposal forms provided by the City. These forms may be duplicated, but failure to use the
forms may cause the bid to be rejected. Any erasures or corrections on the bid must be made in ink and initialed by Bidder in ink. All
information submitted by the Bidder shall be printed,typewritten or filled in with pen and ink. Bids shall be signed in ink. Separate bids
must be submitted for each ITB issued by the City in separate sealed envelopes properly marked. When a particular ITB or RFP requires
multiple copies of bids or proposals they may be included in a single envelope or package properly sealed and identified. Only send bids
via facsimile transmission(FAX)if the ITB specifically states that bids sent via FAX will be considered. If such a statement is not included
in the ITB, bids sent via FAX will be rejected. Bids will be publicly opened in the Procurement Office, or other designated area, in the
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City of Fort Lauderdale Bid 875-12011
presence of Bidders,the public, and City staff Bidders and the public are invited and encouraged to attend bid openings. Bids will be
tabulated and made available for review by Bidder's and the public in accordance with applicable regulations.
3.02 MODEL NUMBER CORRECTIONS: If the model number for the make specified in this ITB is incorrect, or no longer available and
replaced with an updated model with new specifications,the Bidder shall enter the correct model number on the bidder proposal page. In
the case of an updated model with new specifications,Bidder shall provide adequate information to allow the City to determine if the model
bid meets the City's requirements.
3.03 PRICES QUOTED: Deduct trade discounts, and quote firm net prices. Give both unit price and extended total. In the case of a
discrepancy in computing the amount of the bid,the unit price quoted will govern. All prices quoted shall be F.O.B. destination,freight
prepaid (Bidder pays and bears freight charges, Bidder owns goods in transit and files any claims), unless otherwise stated in Special
Conditions. Each item must be bid separately. No attempt shall be made to tie any item or items contained in the ITB with any other
business with the City.
3.04 TAXES: The City of Fort Lauderdale is exempt from Federal Excise and Florida Sales taxes on direct purchase of tangible property.
Exemption number for EIN is 59-6000319,and State Sales tax exemption number is 85-8013875578C-1.
3.05 WARRANTIES OF USAGE: Any quantities listed in this ITB as estimated or projected are provided for tabulation and information
purposes only. No warranty or guarantee of quantities is given or implied. It is understood that the Contractor will furnish the City's needs
as they arise.
3.06 APPROVED EQUAL: When the technical specifications call for a brand name, manufacturer, make, model, or vendor catalog number
with acceptance of APPROVED EQUAL,it shall be for the purpose of establishing a level of quality and features desired and acceptable to
the City. In such cases,the City will be receptive to any unit that would be considered by qualified City personnel as an approved equal.
In that the specified make and model represent a level of quality and features desired by the City,the Bidder must state clearly in the bid
any variance from those specifications. It is the Bidder's responsibility to provide adequate information, in the bid, to enable the City to
ensure that the bid meets the required criteria. If adequate information is not submitted with the bid, it may be rejected The City will be
the sole judge in determining if the item bid qualifies as an approved equal.
3.07 MINIMUM AND MANDATORY TECHNICAL SPECIFICATIONS: The technical specifications may include items that are considered
minimum, mandatory, or required. If any Bidder is unable to meet or exceed these items, and feels that the technical specifications are
overly restrictive, the bidder must notify the Procurement Services Division immediately. Such notification must be received by the
Procurement Services Division prior to the deadline contained in the ITB,for questions of a material nature,or prior to five(5)days before
bid due and open date,whichever occurs first. If no such notification is received prior to that deadline,the City will consider the technical
specifications to be acceptable to all bidders.
3.08 MISTAKES: Bidders are cautioned to examine all terms,conditions,specifications,drawings,exhibits,addenda,delivery instructions and
special conditions pertaining to the ITB. Failure of the Bidder to examine all pertinent documents shall not entitle the bidder to any relief
from the conditions imposed in the contract.
3.09 SAMPLES AND DEMONSTRATIONS: Samples or inspection of product may be requested to determine suitability. Unless otherwise
specified in Special Conditions,samples shall be requested after the date of bid opening,and if requested should be received by the City
within seven (7)working days of request Samples, when requested, must be furnished free of expense to the City and if not used in
testing or destroyed,will upon request of the Bidder,be returned within thirty(30)days of bid award at Bidder's expense. When required,
the City may request full demonstrations of units prior to award. When such demonstrations are requested, the Bidder shall respond
promptly and arrange a demonstration at a convenient location. Failure to provide samples or demonstrations as specified by the City
may result in rejection of a bid.
3.10 LIFE CYCLE COSTING- If so specified in the ITB, the City may elect to evaluate equipment proposed on the basis of total cost of
ownership. In using Life Cycle Costing,factors such as the following may be considered: estimated useful life,maintenance costs,cost of
supplies, labor intensity, energy usage, environmental impact, and residual value. The City reserves the right to use those or other
applicable criteria,in its sole opinion that will most accurately estimate total cost of use and ownership.
3.11 BIDDING ITEMS WITH RECYCLED CONTENT: In addressing environmental concerns,the City of Fort Lauderdale encourages Bidders
to submit bids or alternate bids containing items with recycled content. When submitting bids containing items with recycled content,
Bidder shall provide documentation adequate for the City to verify the recycled content. The City prefers packaging consisting of materials
that are degradable or able to be recycled When specifically stated in the ITB,the City may give preference to bids containing items
manufactured with recycled material or packaging that is able to be recycled.
3.12 USE OF OTHER GOVERNMENTAL CONTRACTS: The City reserves the right to reject any part or all of any bids received and utilize
other available governmental contracts,if such action is in its best interest.
3.13 QUALIFICATIONS/INSPECTION: Bids will only be considered from firms normally engaged in providing the types of
commodities/services specified herein. The City reserves the right to inspect the Bidder's facilities, equipment, personnel, and
organization at any time, or to take any other action necessary to determine Bidder's ability to perform. The Procurement Director
reserves the right to reject bids where evidence or evaluation is determined to indicate inability to perform.
3.14 BID SURETY: If Special Conditions require a bid security,it shall be submitted in the amount stated. A bid security can be in the form of
a bid bond or cashier's check. Bid security will be returned to the unsuccessful bidders as soon as practicable after opening of bids. Bid
security will be returned to the successful bidder after acceptance of the performance bond,if required;acceptance of insurance coverage,
if required;and full execution of contract documents,if required;or conditions as stated in Special Conditions.
3.15 PUBLIC RECORDSITRADE SECRETS/COPYRIGHT: The Proposer's response to the RFP is a public record pursuant to Florida law,
which is subject to disclosure by the City under the State of Florida Public Records Law, Florida Statutes Chapter 119.07("Public Records
Law"). The City shall permit public access to all documents, papers, letters or other material submitted in connection with this RFP and
the Contract to be executed for this RFP,subject to the provisions of Chapter 119.07 of the Florida Statutes.
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Any language contained in the Proposer's response to the RFP purporting to require confidentiality of any portion of the Proposer's
response to the RFP,except to the extent that certain information is in the City's opinion a Trade Secret pursuant to Florida law,shall be
void. If a Proposer submits any documents or other information to the City which the Proposer claims is Trade Secret information and
exempt from Florida Statutes Chapter 119.07("Public Records Laws"),the Proposer shall clearly designate that it is a Trade Secret and
that it is asserting that the document or information is exempt. The Proposer must specifically identify the exemption being claimed under
Florida Statutes 119.07. The City shall be the final arbiter of whether any information contained in the Proposer's response to the RFP
constitutes a Trade Secret. The city's determination of whether an exemption applies shall be final, and the proposer agrees to defend,
indemnify, and hold harmless the city and the city's officers,employees,and agent, against any loss or damages incurred by any person
or entity as a result of the city's treatment of records as public records. Proposals purporting to be subject to copyright protection in full or
in part will be rejected.
EXCEPT FOR CLEARLY MARKED PORTIONS THAT ARE BONA FIDE TRADE SECRETS PURSUANT TO FLORIDA LAW, DO NOT
MARK YOUR RESPONSE TO THE RFP AS PROPRIETARY OR CONFIDENTIAL. DO NOT MARK YOUR RESPONSE TO THE RFP
OR ANY PART THEREOF AS COPYRIGHTED.
3.16 PROHIBITION OF INTEREST: No contract will be awarded to a bidding firm who has City elected officials,officers or employees affiliated
with it, unless the bidding firm has fully complied with current Florida State Statutes and City Ordinances relating to this issue. Bidders
must disclose any such affiliation. Failure to disclose any such affiliation will result in disqualification of the Bidder and removal of the
Bidder from the City's bidder lists and prohibition from engaging in any business with the City.
3.17 RESERVATIONS FOR AWARD AND REJECTION OF BIDS: The City reserves the right to accept or reject any or all bids,part of bids,
and to waive minor irregularities or variations to specifications contained in bids, and minor irregularities in the bidding process. The City
also reserves the right to award the contract on a split order basis, lump sum basis, individual item basis, or such combination as shall
best serve the interest of the City. The City reserves the right to make an award to the responsive and responsible bidder whose product
or service meets the terms, conditions, and specifications of the ITB and whose bid is considered to best serve the City's interest. In
determining the responsiveness of the offer and the responsibility of the Bidder,the following shall be considered when applicable: the
ability, capacity and skill of the Bidder to perform as required; whether the Bidder can perform promptly, or within the time specified,
without delay or interference; the character, integrity, reputation,judgment, experience and efficiency of the Bidder; the quality of past
performance by the Bidder;the previous and existing compliance by the Bidder with related laws and ordinances;the sufficiency of the
Bidder's financial resources;the availability, quality and adaptability of the Bidder's supplies or services to the required use;the ability of
the Bidder to provide future maintenance,service or parts;the number and scope of conditions attached to the bid.
If the ITB provides for a contract trial period,the City reserves the right,in the event the selected bidder does not perform satisfactorily,to
award a trial period to the next ranked bidder or to award a contract to the next ranked bidder, if that bidder has successfully provided
services to the City in the past. This procedure to continue until a bidder is selected or the contract is re-bid,at the sole option of the City.
3.18 LEGAL REQUIREMENTS: Applicable provisions of all federal, state, county laws, and local ordinances, rules and regulations, shall
govern development, submittal and evaluation of all bids received in response hereto and shall govern any and all claims and disputes
which may arise between person(s)submitting a bid response hereto and the City by and through its officers,employees and authorized
representatives,or any other person, natural or otherwise;and lack of knowledge by any bidder shall not constitute a cognizable defense
against the legal effect thereof.
3.19 BID PROTEST PROCEDURE: ANY PROPOSER OR BIDDER WHO IS NOT RECOMMENDED FOR AWARD OF A CONTRACT AND
WHO ALLEGES A FAILURE BY THE CITY TO FOLLOW THE CITY'S PROCUREMENT ORDINANCE OR ANY APPLICABLE LAW
MAY PROTEST TO THE DIRECTOR OF PROCUREMENT SERVICES DIVISION (DIRECTOR), BY DELIVERING A LETTER OF
PROTEST TO THE DIRECTOR WITHIN FIVE(5)DAYS AFTER A NOTICE OF INTENT TO AWARD IS POSTED ON THE CITY'S WEB
SITE AT THE FOLLOWING LINK: http://www.fortlauderdale.gov/uurchasina/notices of intent.htm
THE COMPLETE PROTEST ORDINANCE MAY BE FOUND ON THE CITY'S WEB SITE AT THE FOLLOWING LINK:
http://www.fortlauderdale.goviourchasing/protestordinance.pdf
PART IV BONDS AND INSURANCE
4.01 PERFORMANCE BOND: If a performance bond is required in Special Conditions,the Contractor shall within fifteen (15)working days
after notification of award, furnish to the City a Performance Bond, payable to the City of Fort Lauderdale, Florida, in the face amount
specified in Special Conditions as surety for faithful performance under the terms and conditions of the contract. If the bond is on an
annual coverage basis, renewal for each succeeding year shall be submitted to the City thirty(30)days prior to the termination date of the
existing Performance Bond. The Performance Bond must be executed by a surety company of recognized standing, authorized to do
business in the State of Florida and having a resident agent.
Acknowledgement and agreement is given by both parties that the amount herein set for the Performance Bond is not intended to be nor
shall be deemed to be in the nature of liquidated damages nor is it intended to limit the liability of the Contractor to the City in the event of
a material breach of this Agreement by the Contractor.
4.02 INSURANCE: If the Contractor is required to go on to City property to perform work or services as a result of ITB award,the Contractor
shall assume full responsibility and expense to obtain all necessary insurance as required by City or specified in Special Conditions.
The Contractor shall provide to the Procurement Services Division original certificates of coverage and receive notification of approval of
those certificates by the City's Risk Manager prior to engaging in any activities under this contract. The Contractors insurance is subject to
the approval of the City's Risk Manager. The certificates must list the City as an ADDITIONAL INSURED for General Liability Insurance,
and shall have no less than thirty (30) days written notice of cancellation or material change. Further modification of the insurance
requirements may be made at the sole discretion of the City's Risk Manager if circumstances change or adequate protection of the City is
not presented. Bidder,by submitting the bid,agrees to abide by such modifications.
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PART V PURCHASE ORDER AND CONTRACT TERMS:
5.01 COMPLIANCE TO SPECIFICATIONS, LATE DELIVERIES/PENALTIES: Items offered may be tested for compliance to bid
specifications. Items delivered which do not conform to bid specifications may be rejected and returned at Contractor's expense. Any
violation resulting in contract termination for cause or delivery of items not conforming to specifications,or late delivery may also result in-
Bidders name being removed from the City's bidder's mailing list for a specified period and Bidder will not be recommended for any
award during that period
All City Departments being advised to refrain from doing business with the Bidder.
All other remedies in law or equity.
5.02 ACCEPTANCE, CONDITION, AND PACKAGING: The material delivered in response to ITB award shall remain the property of the
Seller until a physical inspection is made and the material accepted to the satisfaction of the City. The material must comply fully with the
terms of the ITB, be of the required quality, new, and the latest model. All containers shall be suitable for storage and shipment by
common carrier, and all prices shall include standard commercial packaging. The City will not accept substitutes of any kind. Any
substitutes or material not meeting specifications will be returned at the Bidder's expense. Payment will be made only after City receipt
and acceptance of materials or services.
5.03 SAFETY STANDARDS: All manufactured items and fabricated assemblies shall comply with applicable requirements of the Occupation
Safety and Health Act of 1970 as amended, and be in compliance with Chapter 442, Florida Statutes. Any toxic substance listed in
Section 38F-41.03 of the Florida Administrative Code delivered as a result of this order must be accompanied by a completed Safety Data
Sheet(SDS).
5.04 ASBESTOS STATEMENT: All material supplied must be 100%asbestos free. Bidder, by virtue of bidding, certifies that if awarded any
portion of the ITB the bidder will supply only material or equipment that is 100%asbestos free.
5.05 OTHER GOVERNMENTAL ENTITIES: If the Bidder is awarded a contract as a result of this ITB, the bidder may, if the bidder has
sufficient capacity or quantities available, provide to other governmental agencies, so requesting, the products or services awarded in
accordance with the terms and conditions of the ITB and resulting contract. Prices shall be F.O.B.delivered to the requesting agency.
5.06 VERBAL INSTRUCTIONS PROCEDURE: No negotiations, decisions, or actions shall be initiated or executed by the Contractor as a
result of any discussions with any City employee Only those communications which are in writing from an authorized City representative
may be considered. Only written communications from Contractors,which are assigned by a person designated as authorized to bind the
Contractor,will be recognized by the City as duly authorized expressions on behalf of Contractors.
5.07 INDEPENDENT CONTRACTOR: The Contractor is an independent contractor under this Agreement. Personal services provided by the
Proposer shall be by employees of the Contractor and subject to supervision by the Contractor, and not as officers,employees,or agents
of the City. Personnel policies, tax responsibilities, social security, health insurance, employee benefits, procurement policies unless
otherwise stated in this ITB,and other similar administrative procedures applicable to services rendered under this contract shall be those
of the Contractor.
5.08 INDEMNITY/HOLD HARMLESS AGREEMENT: The Contractor agrees to protect,defend, indemnify,and hold harmless the City of Fort
Lauderdale and its officers, employees and agents from and against any and all losses, penalties, damages, settlements, claims,costs,
charges for other expenses,or liabilities of every and any kind including attorney's fees, in connection with or arising directly or indirectly
out of the work agreed to or performed by Contractor under the terms of any agreement that may arise due to the bidding process
Without limiting the foregoing, any and all such claims, suits, or other actions relating to personal injury, death, damage to property,
defects in materials or workmanship, actual or alleged violations of any applicable Statute, ordinance, administrative order, rule or
regulation,or decree of any court shall be included in the indemnity hereunder.
5.09 TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner its obligations under
this Agreement,or if the Contractor shall violate any of the provisions of this Agreement,the City may upon written notice to the Contractor
terminate the right of the Contractor to proceed under this Agreement, or with such part or parts of the Agreement as to which there has
been default, and may hold the Contractor liable for any damages caused to the City by reason of such default and termination. In the
event of such termination, any completed services performed by the Contractor under this Agreement shall, at the option of the City,
become the City's property and the Contractor shall be entitled to receive equitable compensation for any work completed to the
satisfaction of the City. The Contractor,however,shall not be relieved of liability to the City for damages sustained by the City by reason
of any breach of the Agreement by the Contractor,and the City may withhold any payments to the Contractor for the purpose of setoff until
such time as the amount of damages due to the City from the Contractor can be determined.
5.10 TERMINATION FOR CONVENIENCE: The City reserves the right, in its best interest as determined by the City, to cancel contract by
giving written notice to the Contractor thirty(30)days prior to the effective date of such cancellation
5.11 CANCELLATION FOR UNAPPROPRIATED FUNDS: The obligation of the City for payment to a Contractor is limited to the availability of
funds appropriated in a current fiscal period, and continuation of the contract into a subsequent fiscal period is subject to appropriation of
funds,unless otherwise authorized by law.
5.12 RECORDS/AUDIT: The Contractor shall maintain during the term of the contract all books of account,reports and records in accordance
with generally accepted accounting practices and standards for records directly related to this contract. The Contractor agrees to make
available to the City Auditor or designee,during normal business hours and in Broward, Miami-Dade or Palm Beach Counties,all books of
account, reports and records relating to this contract should be retained for the duration of the contract and for three years after the final
payment under this Agreement,or until all pending audits,investigations or litigation matters relating to the contract are closed,whichever
is later.
5.13 PERMITS,TAXES,LICENSES: The successful Contractor shall,at their own expense,obtain all necessary permits,pay all licenses,fees
and taxes, required to comply with all local ordinances,state and federal laws, rules and regulations applicable to business to be carried
out under this contract.
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City of Fort Lauderdale Bid 875-12011
5.14 LAWS/ORDINANCES: The Contractor shall observe and comply with all Federal,state, local and municipal laws,ordinances rules and
regulations that would apply to this contract.
5.15 NON-DISCRIMINATION: There shall be no discrimination as to race,sex,color,creed,age or national origin in the operations conducted
under this contract.
5.16 UNUSUAL CIRCUMSTANCES: If during a contract term where costs to the City are to remain firm or adjustments are restricted by a
percentage or CPI cap, unusual circumstances that could not have been foreseen by either party of the contract occur, and those
circumstances significantly affect the Contractor's cost in providing the required prior items or services,then the Contractor may request
adjustments to the costs to the City to reflect the changed circumstances. The circumstances must be beyond the control of the
Contractor, and the requested adjustments must be fully documented. The City may, after examination, refuse to accept the adjusted
costs if they are not properly documented, increases are considered to be excessive, or decreases are considered to be insufficient. In
the event the City does not wish to accept the adjusted costs and the matter cannot be resolved to the satisfaction of the City,the City will
reserve the following options.
1. The contract can be canceled by the City upon giving thirty(30)days written notice to the Contractor with no penalty to the City or
Contractor. The Contractor shall fill all City requirements submitted to the Contractor until the termination date contained in the
notice.
2. The City requires the Contractor to continue to provide the items and services at the firm fixed (non-adjusted) cost until the
termination of the contract term then in effect.
3. If the City,in its interest and in its sole opinion,determines that the Contractor in a capricious manner attempted to use this section of
the contract to relieve them of a legitimate obligation under the contract, and no unusual circumstances had occurred, the City
reserves the right to take any and all action under law or equity. Such action shall include, but not be limited to, declaring the
Contractor in default and disqualifying him for receiving any business from the City for a stated period of time.
If the City does agree to adjusted costs,these adjusted costs shall not be invoiced to the City until the Contractor receives notice in writing
signed by a person authorized to bind the City in such matters.
5.17 ELIGIBILITY: If applicable, the Contractor must first register with the Department of State of the State of Florida, in accordance with
Florida State Statutes,prior to entering into a contract with the City.
5.18 PATENTS AND ROYALTIES: The Contractor, without exception, shall indemnify and save harmless the City and its employees from
liability of any nature and kind, including cost and expenses for or on account of any copyrighted, patented or un-patented invention,
process, or article manufactured or used in the performance of the contract, including its use by the City. If the Contractor uses any
design, device, or materials covered by letters, patent or copyright, it is mutually agreed and understood without exception that the bid
prices shall include all royalties or costs arising from the use of such design,device,or materials in any way involved in the work.
5.19 ASSIGNMENT: Contractor shall not transfer or assign the performance required by this ITB without the prior written consent of the City.
Any award issued pursuant to this ITB, and the monies, which may become due hereunder, are not assignable except with the prior
written approval of the City Commission or the City Manager or City Manager's designee,depending on original award approval.
5.20 LITIGATION VENUE: The parties waive the privilege of venue and agree that all litigation between them in the state courts shall take
place in Broward County,Florida and that all litigation between them in the federal courts shall take place in the Southern District in and for
the State of Florida.
5.21 LOCATION OF UNDERGROUND FACILITIES: If the Contractor,for the purpose of responding to this solicitation,requests the location
of underground facilities through the Sunshine State One-Call of Florida, Inc. notification system or through any person or entity providing
a facility locating service, and underground facilities are marked with paint,stakes or other markings within the City pursuant to such a
request,then the Contractor, shall be deemed non-responsive to this solicitation in accordance with Section 2-184(5) of the City of Fort
Lauderdale Code of Ordinances.
5.22 PUBLIC RECORDS
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER
119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC
RECORDS RELATING TO THIS CONTRACT. CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: (954-828-5002, PRRCONTRACT(a.FORTLAUDERDALE.GOV, CITY CLERK'S
OFFICE, 100 NORTH ANDREWS AVENUE, FORT LAUDERDALE, FLORIDA 33301)
Contractor shall:
1. Keep and maintain public records that ordinarily and necessarily would be required by the City in order to perform
the service.
2. Upon request from the City's custodian of public records, provide the City with a copy of the requested records or
allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided
in Chapter 119, Florida Statutes (2016), as may be amended or revised, or as otherwise provided by law.
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City of Fort Lauderdale Bid 875-12011
3. Ensure that public records that are exempt or confidential and exempt from public records disclosure
requirements are not disclosed except as authorized by law for the duration of the contract term and following
completion of this contract if the Contractor does not transfer the records to the City.
4. Upon completion of the Contract, transfer, at no cost,to the City all public records in possession of the Contractor
or keep and maintain public records required by the City to perform the service. If the Contractor transfers all public
records to the City upon completion of this Contract, the Contractor shall destroy any duplicate public records that
are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and
maintains public records upon completion of this Contract, the Contractor shall meet all applicable requirements for
retaining public records. All records stored electronically must be provided to the City, upon request from the City's
custodian of public records, in a format that is compatible with the information technology systems of the City.
Form G-107 Rev.08/2016
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City of Fort Lauderdale Bid 875-12011
NON-COLLUSION STATEMENT:
By signing this offer, the vendor/contractor certifies that this offer is made independently and free from
collusion. Vendor shall disclose below any City of Fort Lauderdale, FL officer or employee, or any
relative of any such officer or employee who is an officer or director of, or has a material interest in,
the vendor's business, who is in a position to influence this procurement.
Any City of Fort Lauderdale, FL officer or employee who has any input into the writing of specifications
or requirements, solicitation of offers, decision to award, evaluation of offers, or any other activity
pertinent to this procurement is presumed, for purposes hereof, to be in a position to influence this
procurement.
For purposes hereof, a person has a material interest if they directly or indirectly own more than 5
percent of the total assets or capital stock of any business entity, or if they otherwise stand to
personally gain if the contract is awarded to this vendor.
In accordance with City of Fort Lauderdale, FL Policy and Standards Manual, 6.10.8.3,
3.3. City employees may not contract with the City through any corporation or business entity in
which they or their immediate family members hold a controlling financial interest (e.g.
ownership of five (5) percent or more).
3.4. Immediate family members (spouse, parents and children) are also prohibited from
contracting with the City subject to the same general rules.
Failure of a vendor to disclose any relationship described herein shall be reason for
debarment in accordance with the provisions of the City Procurement Code.
NAME RELATIONSHIPS
In the event the vendor does not indicate any names, the City shall interpret this to mean that
the vendor has indicated that no such relationships exist.
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City of Fort Lauderdale Bid 875-12011
CONTRACT PAYMENT METHOD BY P-CARD
THIS FORM MUST BY SUBMITTED WITH YOUR RESPONSE
The City of Fort Lauderdale has implemented a Procurement Card (P-Card) program which
changes how payments are remitted to its vendors. The City has transitioned from traditional
paper checks to payment by credit card via MasterCard or Visa. This allows you as a vendor of
the City of Fort Lauderdale to receive your payment fast and safely. No more waiting for checks
to be printed and mailed.
Payments will be made utilizing the City's P-Card (MasterCard or Visa). Accordingly, firms must
presently have the ability to accept credit card payment or take whatever steps necessary to
implement acceptance of a credit card before the commencement of a contract.
Please indicate which credit card payment you prefer:
Master Card
Visa Card
Company Name:
Name (printed) Signature
Date: Title
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City of Fort Lauderdale Bid 875-12011
LOCAL BUSINESS PREFERENCE CERTIFICATION STATEMENT
The Business identified below certifies that it qualifies for the local BUSINESS preference classification as indicated herein, and further
certifies and agrees that it will re-affirm it's local preference classification annually no later than thirty (30) calendar days prior to the
anniversary of the date of a contract awarded pursuant to this ITB. Violation of the foregoing provision may result in contract
termination.
is a Class A Business as defined in City of Fort Lauderdale Ordinance No. C-12-04,
Sec.2-199.2. A copy of the City of Fort Lauderdale current year Business Tax Receipt
and a complete list of full-time employees and evidence of their addresses shall be
(1) provided within 10 calendar days of a formal request by the City.
Business Name
is a Class B Business as defined in the City of Fort Lauderdale Ordinance No. C-12-04,
Sec.2-199.2. A copy of the Business Tax Receipt or a complete list of full-time
(2) employees and evidence of their addresses shall be provided within 10 calendar days
of a formal request by the City.
Business Name
is a Class C Business as defined in the City of Fort Lauderdale Ordinance No. C-12-04,
Sec.2-199.2. A copy of the Broward County Business Tax Receipt shall be provided
(3) within 10 calendar days of a formal request by the City.
Business Name
requests a Conditional Class A classification as defined in the City of Fort Lauderdale
(4) Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent shall be provided
within 10 calendar days of a formal request by the City.
Business Name
requests a Conditional Class B classification as defined in the City of Fort Lauderdale
(5) Ordinance No. C-12-04, Sec.2-199.2. Written certification of intent shall be provided
within 10 calendar days of a formal request by the City.
Business Name
is considered a Class D Business as defined in the City of Fort Lauderdale Ordinance
No. C-12-04, Sec.2-199.2.and does not qualify for Local Preference consideration.
(6)
Business Name
BIDDER'S COMPANY:
AUTHORIZED COMPANY PERSON:
NAME SIGNATURE DATE
October 25,2013
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City of Fort Lauderdale Bid 875-12011
BID/PROPOSAL CERTIFICATION
Please Note: If responding to this solicitation through BidSync, the electronic version of the bid response will prevail,
unless a paper version is clearly marked by the bidder in some manner to indicate that it will supplant the electronic
version. All fields below must be completed. If the field does not apply to you, please note N/A in that field.
If you are a foreign corporation, you may be required to obtain a certificate of authority from the department of state,
in accordance with Florida Statute§607.1501 (visit http://www.dos.state.fl.usn.
Company: (Legal Registration) EIN (Optional):
Address:
City: State: Zip:
Telephone No. FAX No. Email:
Delivery: Calendar days after receipt of Purchase Order(section 1.02 of General Conditions):
Total Bid Discount(section 1.05 of General Conditions):
Does your firm qualify for MBE or WBE status(section 1.09 of General Conditions): MBE WBE
ADDENDUM ACKNOWLEDGEMENT - Proposer acknowledges that the following addenda have been received and are
included in the proposal:
Addendum No. Date Issued Addendum No. Date Issued Addendum No. Date Issued
VARIANCES: If you take exception or have variances to any term, condition, specification, scope of service, or
requirement in this competitive solicitation you must specify such exception or variance in the space provided below or
reference in the space provided below all variances contained on other pages within your response. Additional pages
may be attached if necessary. No exceptions or variances will be deemed to be part of the response submitted unless
such is listed and contained in the space provided below. The City does not, by virtue of submitting a variance,
necessarily accept any variances. If no statement is contained in the below space, it is hereby implied that your response
is in full compliance with this competitive solicitation. If you do not have variances, simply mark N/A. If submitting your
response electronically through BIDSYNC you must also click the"Take Exception" button.
The below signatory hereby agrees to furnish the following article(s)or services at the price(s)and terms stated subject to
all instructions, conditions, specifications addenda, legal advertisement, and conditions contained in the bid/proposal. I
have read all attachments including the specifications and fully understand what is required. By submitting this signed
proposal I will accept a contract if approved by the City and such acceptance covers all terms, conditions, and
specifications of this bid/proposal. The below signatory also hereby agrees, by virtue of submitting or attempting to submit
a response, that in no event shall the City's liability for respondent's direct, indirect, incidental, consequential, special or
exemplary damages, expenses, or lost profits arising out of this competitive solicitation process, including but not limited
to public advertisement, bid conferences, site visits, evaluations, oral presentations, or award proceedings exceed the
amount of Five Hundred Dollars ($500.00). This limitation shall not apply to claims arising under any provision of
indemnification or the City's protest ordinance contained in this competitive solicitation.
Submitted by:
Name (printed) Signature
Date: Title
revised 04/10/15
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City of Fort Lauderdale Bid 875-12011
REFERENCES
All references shall include owner, address, contact name and phone number, and the contract
value. A minimum of five (5) references shall be provided:
1. Company Name:
Address:
Contact:
Phone#
Contract Value: �— Year:
2. Company Name:
Address:
Contact:
Phone#
Contract Value: Year:
3. Company Name:
Address:
Contact:
Phone#
Contract Value: Year:
4. Company Name:
Address:
Contact:
Phone#
Contract Value: Year:
5. Company Name:
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City of Fort Lauderdale Bid 875-12011
Address:
Contact:
Phone#
Contract Value: Year:
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City of Fort Lauderdale Bid 875-12011
Question and Answers for Bid #875-12011 - Auctioneer Services
Overall Bid Questions
There are no questions associated with this bid.
7/14/2017 8:25 AM p.40
AGREEMENT BETWEEN THE CITY OF DANIA BEACH, FLORIDA
AND ROYAL AUCTION GROUP, INC., A FLORIDA CORPORATION,
UTILIZING PRICING FOR AN AGREEMENT UNDER A CITY OF
FORT LAUDERDALE REQUEST FOR PROPOSAL ("RFP") NO. 875-
12011, PRESENTLY EXISTING BETWEEN THE CONTRACTOR AND
THE CITY OF FORT LAUDERDALE FOR AUCTIONEER SERVICES
This is an Agreement ("Agreement") dated , 2019, between the
City of Dania Beach, Florida, a Florida municipal corporation ("City"), with its principal place
of business located at 100 West Dania Beach Boulevard, Dania Beach, Florida 33004 and Royal
Auction Group, Inc., Florida corporation ("Contractor"), with its principal mailing address of 96
Skyline Drive, Fort Myers, Florida 33903.
In consideration of the mutual covenants, terms and conditions contained in this
Agreement, and other good and valuable consideration, the adequacy and receipt of which are
acknowledged and agreed upon,the parties agree to the following:
1. The agreement existing between the Contractor and the City of Fort Lauderdale and any
amendment(s) to it, under an award by City of Fort Lauderdale of a contract (pursuant to
RFP No. 875-12011, copies of which documents are attached as composite Exhibit "A",
and made a part of and are incorporated into this Agreement by this reference), shall be
considered as part of this Agreement between the City and the Contractor; provided,
however, that if Contractor contracts with any other governmental agency in the South
Florida area and service rates are lower than those afforded to the City of Fort
Lauderdale, or any city in Florida for these same services, then Contractor shall provide
such lower service rates to the City.
2. That the term of the Agreement shall be co-extensive with the term of the Fort
Lauderdale Agreement, i.e., valid through December 4, 2020 with two additional optional
one-year renewals.
3. That in all other respects, the terms of the City of Fort Lauderdale RFP No. 875-12011
and their Agreement with the Contractor applies to this Agreement.
SIGNATURES ON THE FOLLOWING PAGES
1
IN WITNESS OF THE FOREGOING,the parties have set their hand and seal the day
and year first written above.
CITY:
CITY OF DANIA BEACH,FLORIDA,
ATTEST: a Florida municipal corporation
THOMAS SCHNEIDER, CMC LORI LEWELLEN
CITY CLERK MAYOR
APPROVED AS TO FORM AND
CORRECTNESS: ANA M. GARCIA, ICMA-CM
CITY MANAGER
THOMAS J. ANSBRO
CITY ATTORNEY
2
WITNESSES: CONTRACTOR:
Royal Auction Group,Inc.
a Florida corporation
Signature Signature
PRINT Name PRINT Name
Signature Title
Dated: 32019
PRINT Name
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me on 2019,
by , as of Royal Auction Group, Inc., a
Florida corporation, on behalf of the corporation. He/she is personally known to me or has
produced as identification.
Notary Public, State of
My Commission Expires:
Print Name
3