CITY OF APOPKA BID NAME: SURPLUS SALE BID NUMBER: # BID DEPOSIT REQUIRED: BID CLOSING DATE: July 9, 2018 BID CLOSING TIME: 10:00 A.M.

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1 CITY OF APOPKA PURCHASING DIVISION BID NAME: SURPLUS SALE BID NUMBER: # BID DEPOSIT REQUIRED: No REFER ALL QUESTIONS REGARDING THIS BID TO: PURCHASING DIVISION BID CLOSING July 9, 2018 BID CLOSING TIME: 10:00 A.M. ALL BIDS MUST BE RECEIVED PRIOR TO THE DATE AND TIME SPECIFIED ABOVE. 0

2 Bid July 1, 2018 CITY OF APOPKA, FLORIDA INSTRUCTIONS TO BIDDERS 1. REJECTION OF BID: The City of Apopka reserves the right to reject any and all bids or parts of bids at any time for any reason or no reason, to waive irregularities and technicalities and to request rebids. The City of Apopka may withdraw any or all items offered for bid up until the time satisfactory payment has been made in accordance with the Notification of Bid section below. All bid prices will be considered valid and in effect for a period of thirty (30) days from date of this bid opening unless otherwise specified by bidder. 2. PRICING INSTRUCTION: The Requests for Bid have minimum bid amounts. Bids submitted for less than the minimum shall not be considered. The highest bid received shall be the successful bid. It is recommended that the bidder double check pricing before submitting a bid. Pricing submitted shall be as a single purchase for the item offered. 3. TIE BID: In the event of a Tie Bid and in consideration of all other factors relating to the Bid, the City of Apopka will determine the award of the Sale based upon the Bid which was received in the Purchasing Division and clocked-in at the earliest time. 4. SUBMITTING BID: The individual must sign all bids or by an officer of the firm having the authority to bid. Their name and the name of the firm must be either typed or written in ink. Bidder in ink must initial all corrections, strike throughs or erasures made prior to submittal of offer. Bids shall be typewritten or filled in with ink, UNSIGNED BIDS WILL BE REJECTED. Bids shall be received in the City Clerks Office prior to the date and time specified for bid opening. Late bids shall be returned unopened. Please verify that each page is initialed and dated at the top right hand side of each page. All offers shall be addressed to: C i t y C l e r k C / O Purchasing D i v i s i o n, City of Apopka, 120 E. Main St., Apopka, Florida, 32703, and plainly marked on the outside of the sealed, opaque envelope: Bid Number, "Surplus Sales" and the opening time, day and date. 5. QUESTIONS PERTAINING TO BID: Any questions relative to this Invitation to Bid shall be directed, in writing only, to the City of Apopka, Purchasing Division by contacting via at Purchase@apopka.net. NO CONTACT WITH QUESTIONS REGARDING THIS SALE SHALL BE MADE THROUGH ANY OTHER DEPARTMENT OR PERSON. 1

3 6. INSPECTION: Any party interested in inspecting this item must contact the Purchasing Department and schedule a time and day for inspection via at Purchase@apopka.net. This item will be available for inspection only as availability and scheduling with personnel allows. In no case will failure to inspect the Property later constitute grounds for withdrawal of a bid/offer. 7. ACCEPTANCE: The terms and conditions contained herein are the complete and exclusive statement of the terms of any bid for the City Property and/or sale of the City Property. Your signature below confirms your agreement to these terms and conditions. No addition to or modification of any of these terms and conditions will be effective unless agreed to in a writing signed by the City of Apopka. Any terms and conditions submitted on documents supplied by you shall be deemed nonconforming and may be used at the City of Apopka s discretion to disqualify your bid. 8. NOTIFICATION OF BID: Should your bid be accepted, the City of Apopka will notify you in writing within 10 calendar days after the bid closing date via a notification letter accepting your bid ( Notification Award Letter ). A binding contract shall not exist between you and the City of Apopka unless and until you receive the Notification Letter and the City of Apopka has received satisfactory payment from you within the time period identified below. You shall make satisfactory payment due within 48 hours of receipt of a City of Apopka Notification Award Letter and a City of Apopka invoice. Failure to make satisfactory payment within said time period may result in rejection of your bid. In no event will the Property be released to you before payment for the Property. 9. PAYMENT FOR PROPERTY: The successful bidder will be responsible for paying for the item with a money order, certified/cashier's check made payable to the City of Apopka. NO PERSONAL CHECKS OR CREDIT CARDS WILL BE ACCEPTED. The successful bidder must provide full payment to the City within 48 hours of notification to the bidder of acceptance of offer. 10. WARRANTIES: All property is sold on an "as is", where-is basis only, latent and patent. The City of Apopka does not express nor imply any warranties as to the nature, quality or condition of the property, including, but not limited to, any implied warranties of merchantability and fitness for a particular purpose or non-infringement, or guarantees concerning the sale of any equipment. The successful bidder is responsible for removal of the item(s) from City property within 48 hours after full payment to the City. The City of Apopka shall have no responsibility for shipping, installation, warranty, maintenance, engineering changes or technical support of the Property sold hereunder. City of Apopka shall have no responsibility for the disassembly and removal of the Property from the City of Apopka s location. 2

4 BACKGROUND/SPECIFICATIONS The City owns a storage tank at the airport dedicated to Jet A fuel. Several months ago the pump on this tank stopped working and the fuel is no longer usable in aircraft. This fuel can be used as a substitute for off-road diesel and it does have value. The fuel has taken on water. At least two parties have shown interest in acquiring the fuel. Because it has been established the fuel has monetary value, it is an asset of the City and to dispose of it, the Council has declared it an unneeded and/or unusable asset. It is believed there is currently 2,166 gallons of fuel in the tank. There will be approximately gallons of fuel completely lost because not all of it can be pumped out using the tanks electric pump. The person purchasing the fuel must pay State sales tax of 6.5% to the City, which will then remit same to the State. Purchaser will be required to sign they understand the fuel has water in it and the City assumes no responsibility for its use. 3

5 CITY OF APOPKA SURPLUS SALES AGREEMENT PROPERTY - Any reference to "Property" herein shall be construed to mean the surplus/used property identified as the City of Apopka s Surplus Item. FORCE MAJEURE City of Apopka shall not be liable for any delay in its performance obligations due to (a) fires, floods, strikes, or other labor disputes, accidents to machinery, acts of sabotage, riots, precedence or priorities granted at the request or for the benefit, directly or indirectly, of the federal or any state government or any subdivision or agency thereof, delays in transportation facilities, restrictions imposed by federal or state legislation or rules or regulations thereunder; or (b) any cause beyond its reasonable control. TITLE - Title to Property sold to you hereunder shall vest in you when full and final payment is received by the City of Apopka. Risk of loss or damage to the Property passes to you upon receipt of the Property. PERMITS AND AUTHORIZATIONS REQUIRED BY LAW - You represent that you possess all the necessary permits and authorizations required to disassemble, remove, transport, resell or otherwise properly dispose of the Property you acquire under this SEA. You agree to comply with all applicable Federal, State and Local laws, regulations and ordinances. INDEMNIFICATION - You agree to indemnify the City of Apopka against any and all claims for damages, including costs and attorney's fees, for personal injury (including death), and loss of or destruction or damage to real or tangible personal property arising from your acts, omissions or misrepresentations, for any claims for taxes, fines or penalties arising from the sale of the Property under this SEA, and for any claims relating to your failure to comply with any of your obligations under this SEA.. LIMITATION OF THE CITY OF APOPKA'S LIABILITY City of Apopka s entire liability and your exclusive remedy are set forth in this section. Under no circumstances shall the City of Apopka be liable to you for any economic consequential damages, including lost revenue, lost profits, or lost savings, any incidental damages or special damages of any kind, even if the City of Apopka is advised of the possibility of such damages. In addition, in no event will City of Apopka be liable for any third party claim or for damages caused by your failure to perform your responsibilities under this agreement. In no event, except for claims by you for bodily injury or damage to real property or tangible personal property for which City of Apopka is legally liable, will City of Apopka be liable to you for actual damages in excess of the amount paid by you for the Property under this agreement. These limitations apply, regardless of the form of action, whether in contract or in tort, including negligence. GENERAL - This agreement shall be governed by the laws of the State of Florida, without regard to the conflict of laws principles thereof. The parties hereto expressly waive any right they may have to a jury trial and agree that any proceeding under this agreement shall be tried by a judge without a jury. If any section or subsection of this agreement is found by competent judicial authority to be invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of any such section or subsection, the section or subsection shall amended so to strike the invalid, illegal, or unenforceable content, but in every other respect, the remainder of this agreement shall continue in effect so long as the amended agreement still expresses the intent of the parties. If the intent of the parties cannot be preserved, this agreement shall be either renegotiated or terminated. All obligations and duties which by their nature survive the expiration or termination of this SEA shall remain in effect beyond such expiration or termination. No action, regardless of form, arising out of this agreement, may be brought by either party more than two years after the cause of action has arisen, or, in the case of nonpayment, more than two years from the date payment was due. You shall not assign this agreement or any rights hereunder without the prior written consent of City of Apopka. The waiver by either party of any instance of the other party's noncompliance with any of 4

6 the other party s obligations or responsibilities under this agreement shall not be deemed a waiver of subsequent instances of the other party s noncompliance or of the party's remedies for such noncompliance. CHEMICAL - Where necessary, City of Apopka has diligently and with reasonable efforts flushed, drained, and cleaned the Property that contains chemicals. However, the Property may continue to contain chemical residue despite such efforts. You acknowledge this fact and agree to indemnify City of Apopka against any and all claims or actions for damage or other relief that may arise due to the Property containing such chemical residue. You agree to meet all applicable government laws, standards, and environmental regulations for the removal, transportation, use, and disposal of the Property. EXPORT - Some Property, including materials and technical information included with the Property may be a controlled commodity and require a valid export license issued by the US Department of Commerce prior to its export from the US. As a condition of sale, Buyer will abide by all US Export/Re-export laws and regulations, including obtaining an export license, whenever applicable. You acknowledge awareness of such laws and regulations and agree to become familiar with them prior to exporting any property from the US. GIFTS - You shall not make or offer a gratuity or gift of any kind to any City of Apopka employees or their families that could be viewed as relating to an actual or potential business relationship with City of Apopka. Gifts include entertainment, personal services, favors, discounts, and other preferential treatment of any kind. City of Apopka will interpret such action as an improper attempt to influence City of Apopka employees, which will jeopardize City of Apopka business relationship with you. For purposes of this agreement, City of Apopka shall mean City of Apopka and any of its subsidiaries, affiliates, or related entities that City of Apopka controls. SOLE SEA - This agreement embodies the understanding of the parties with respect to the subject matter of this agreement and it supersedes all previous communications, representations or understandings, whether written or oral, between the parties regarding this subject matter. You expressly agree that neither City of Apopka nor anyone on City of Apopka s behalf has made to you any other inducement to enter into this agreement or any other arrangement with City of Apopka. Please have an authorized representative sign, date and return this agreement to the City of Apopka Purchasing Manager. Upon acceptance by City of Apopka, a fully executed copy will be returned to you for your file. COMPANY NAME (if applicable): TITLE (if applicable): SIGNED BY: PRINTED NAME: CITY OF APOPKA SIGNED BY: TITLE: PRINTED NAME: 5

7 CITY OF APOPKA BID FORM TO: City of Apopka City Clerk Division of Purchasing 120 E. Main St. Apopka, Fl Pursuant to and in accordance with the Terms and Conditions for Bid , to be opened on Monday, July 9th, 2018 at 10:15 am [deadline for submittal is July 9 th, 2018at 10am]. The undersigned, as bidder, hereby declares that he/she has examined the Surplus item on which he/she is submitting a bid and does hereby submit the following bid offer: Item # Description Quantity Starting Bid Bid Amt. Per Gallon 1 Jet A Fuel: Approx. 1,500 2,000 gallons Bidder is submitting based on the total usable quantity of gallons approximated above. Per Gallon $.50 per gallon $. NOTE: The person purchasing the fuel must pay State sales tax in the amount of 6.5% to the City, which will then be remitted to the State. Partial quantity bids will not be considered, the full quantity of fuel will be required to be purchased and removed. NAME OF FIRM OR INDIVIDUAL ADDRESS, CITY, STATE, ZIP TELEPHONE NUMBER FAX NUMBER & ADDRESS NAME TYPED SIGNATURE 6