Complete Agreement - Department of Management Services

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E-QUOTE
SPECIAL CONDITIONS
FOR
AUCTIONEER SERVICES
OF
OFFICE FURNITURE AND EQUIPMENT
Begin date 11/22/2005 End Date 11/21/2006
Agreement #9733183-PA
Commodity Code 973-100
PURPOSE
The purpose of this eQuote is to establish a one (1) year State Purchasing Agreement (SPA) for
the purchase of Auctioneer Services of Office Furniture and Equipment by all State of Florida
agencies and other eligible users.
SCOPE OF WORK
The vendor shall provide Auctioneer Services as defined in these special conditions, on an asneeded basis, to ordering agencies for the purpose of auctioning of office furniture and
equipment.
DEFINITIONS
 “Auction” means a public sale of property to the highest bidder by an Auctioneer.
 “Auctioneer” means a person licensed pursuant to Chapter 468-385, Florida Statutes,
who holds a valid Florida Auctioneer License.
 “Auctioneer Manager” refers to the ordering agency’s employee assigned to oversee the
operations of the auctions.
 “Auctioneer Services” means the business of arranging, managing, sponsoring,
advertising, promoting and conducting auctions.
 “Auction Site” means the facility at which the auctions are held.
 “Consignor” means the State entities pursuant to Section 287.042(2)(a), Florida Statutes,
political subdivisions (county, local county board of public instruction, municipal or
other public agency/authority, State Universities and other authorized institutions
pursuant to Section 240.605, Florida Statutes, and non-profit transportation communities
pursuant to Chapter 427, Florida Statutes, as well as any other additional government
entities as may be approved in the future by the State of Florida Legislature or the
Department, that owns Office Furniture and Equipment to be sold at auction.
 “Knock Down” means the point in time during an auction that the Auctioneer verbally
declares an item sold.
AGENCY RESPONSIBILITIES
The ordering agency shall notify the Auctioneer, in writing, of the date and time the auction is to
be conducted and provide a description of items available for auction.
The ordering agency is responsible for taking physical inventory of the furniture and equipment
to be sold at the auction, preparing a master list of furniture and equipment to be auctioned and
providing a copy to the Auctioneer.
Page 1 of 12
AUCTIONEER RESPONSIBILITIES
The Auctioneer shall be available, upon reasonable notice from the agency, to travel to the
agency to view items to be auctioned, conduct a physical inventory of furniture and equipment to
be sold at auction to determine lot numbering, if necessary.
A1 Assets Comment: “A1Assets understands and will comply. Please see the attached Asset
Sales Proposal.”
The Auctioneer will pickup the items from the agency’s site and take to a suitable location,
chosen by the Auctioneer, to conduct the auction. Any expenses incurred by the vendor for the
location of the auction site, truck rental, advertising, etc, will be deducted from the gross sales.
Agency’s share of net sales will be as shown on the price sheet and will be shown on the invoice.
A1 Assets Comment: “A1 Assets DOES NOT charge for this service for equipment. As part of
our Asset Sales Proposal, all expenses incurred by A1 Assets for the location of the auction site,
warehousing, and/or transportation costs for equipment will be the sole responsibility of A1
Assets. Furniture related items will incur a cost as the State described above. For the purpose
of our Asset Sales Proposal, equipment can be anything noted in Table 1 of the attached Assets
Sales Proposal document.”
The Auctioneer is responsible for tab/mark and number all items to be auctioned (individually or
by lots) and prepare a list to be available at the beginning of the preview period which will be the
day proceeding the sale for a minimum period of 12 AM to 4 PM.
A1 Assets Comment: “A1Assets understands and will comply. Since most of our auctions and
sales are conducted on-line, we have the ability to showcase all State inventory items to a worldwide audience for an on-line preview period that is very flexible.”
Auctioneer is to have adequate staff to handle registration, cashiering, title service, if necessary.
The Auctioneer should have adequate backup equipment (such as public address system,
cashiering equipment, etc.).
A1 Assets Comment: “A1Assets understands and will comply.”
The Auctioneer shall write tickets of sales, process payments during and after the auction, and
maintain the required records.
A1 Assets Comment: “A1Assets understands and will comply. Please see the attached Asset
Sales Proposal that details how the State will have on-line access to a secure log-in that, among
other things, allows the state to view sales statistics and receipts for EACH ITEM sold.”
The Auctioneer shall provide adequate security, as determined necessary by the agency and
Auctioneer, to insure that only paid items are removed from the sale site, security for cashiering
station, etc.
A1 Assets Comment: “A1Assets understands and will comply. All items auctioned off are either
shipped or picked up at one of our warehouses – after payment is received.”
The Auctioneer shall collect all money in its name and deposit such monies into its bank
account.
A1 Assets Comment: “A1Assets understands and will comply.”
Page 2 of 12
If requested by the User Agency, the Auctioneer must provide an irrevocable letter of credit or
performance bond in the amount of $50,000 to the User Agency no later than ten (10) days prior
to the date of any sale.
A1 Assets Comment: “A1Assets understands and will comply. We currently have a bond with a
current government agency and can duplicate the bond, if and as necessary.”
Auctioneer shall collect all sales tax and remit same to State of Florida.
A1 Assets Comment: “A1Assets understands and will comply.”
Auctioneer shall provide a complete listing of all items sold and the selling price of each with the
invoice and show deduction of any expenses incurred.
A1 Assets Comment: “A1Assets understands and will comply. Please see the attached Asset
Sales Proposal for detailed information regarding proof of sale and on-line access by the State
of Florida to review receipts of all items sold.”
Cleanup of the auction site and disposal of all unclaimed or unsold items.
A1 Assets Comment: “A1Assets understands and will comply.”
Item pickup should begin no later than 30 minutes after knock-down of the item (unless it poses
a safety hazard to the attendees) and continue on sale day until 5:00 PM or completion of sale,
whichever is later. One additional day to be allowed for pick-up on the next day (excluding
Sunday) immediately following date of sale.
A1 Assets Comment: “A1Assets understands and will comply. Since the majority of items are
sold on-line, most items are shipped to the buyer from one of our facilities.”
Page 3 of 12
VENDOR’S INFORMATION
Please include the following information in your response to this eQuote. The information can
be as an attachment to the eQuote, or sent to the following address:
Department of Management Servivces
State Purchasing Office
Attn: Dorothy Stuff
4050 Esplanade Way, Suite 360.1X
Tallahassee, Florida 32399-0950
 Promotional Advertising: Please provide a brief overview of your recommendations and
typical itemized costs for promotional advertising if handled by your company versus
being handled by the agency.
A1 Assets Comment: “As part of our attached Asset Sales Proposal, A1Assets runs legal
notices in local newspapers, as required by the State, at no cost to the State. Additionally, A1
Assets advertises on the internet on popular search engines such as Google, Froogle, and
Yahoo as part of our offer - at NO COST TO THE STATE. In other words, the A1 Assets
Asset Sales Proposal includes the cost of ALL advertising. The State and its Customers have
the right to review and approve any legal notice copy placed in local newspapers.”
 Please provide references, in particular, any governmental agencies.
A1 Assets Comment: “A1Assets is currently under contract or agreement, in a similar
manner as proposed in this response, with the Seminole County Public School System,
Seminole Community College, and the Saint Johns River Water Management District. In
addition to the listed government agencies, A1 Assets has already completed ‘one-time’
agreements with several commercial entities – most of whom requested they not be disclosed
by name. A list of references and contact information is attached for the States review.”
 Number of days required to prepare for auction after notification.
A1 Assets Comment: “A1Assets will usually require a minimum of 5 business days to
schedule a pick up of items to be auctioned or sold. Please see the attached Asset Sales
Proposal for more information.”
 A copy of required professional license.
A1 Assets Comment: “Attached is a copy of our auctioneers license, as well as, our business
license from our parent company, Daves Bargain Outlet, LLC. A1 Assets is a State of Florida
registered name, under our parent company, Daves Bargain Outlet, LLC.”
CONFLICT OF INTEREST
No employee of the Auctioneer or any members of their household shall be allowed to bid on, or
purchase, either directly or indirectly, any furniture or equipment sold at any auction held
pursuant to this agreement.
A1 Assets Comment: “A1Assets understands and will comply.”
CERTIFICATION
By completing and responding to this eQuote, the Auctioneer is agreeing to all terms and
conditions, including the terms of form PUR 7722, attached hereto and incorporated by
reference.
A1 Assets Comment: “A1Assets understands and will comply.”
Page 4 of 12
TECHNICAL DOCUMENTATION & PRICE LIST
All products/services quoted must meet or exceed all requirements of this eQuote. When
technical documentation and/or price list is required, its purpose is to allow a technical
evaluation of the product/service quoted and verification of a true savings to the State of Florida
eligible users.
A1 Assets Comment: “A1Assets understands and will comply. Please see the attached actual
sales results for items sold for other State of Florida government entities as it is compared to
typical live auction sales results for the same items.”
PURCHASE ORDERS
The Auctioneer shall not provide Auctioneer Services until the requesting agency transmits a
purchase order. All purchase orders shall bear the State Purchasing Agreement (SPA) number,
shall be placed by the agency directly with the Auctioneer.
A1 Assets Comment: “A1Assets understands and will comply.”
CUSTOMER’S PERCENTAGE OF SALES
The Auctioneer shall compensate the State agency or eligible user in an amount equal to the
Customer’s Percentage of Sales quoted by the vendor in response to this eQuote as set forth on
the Quote form, multiplied by the Total Net Auction Proceeds, after subtracting the share of
documented expenses legitimately attributable to the auction of the customer’s goods. The
Auctioneer shall furnish payment to the customer and include with payment a record of sales
proceeds and expenses within thirty (30) calendar days of the conclusion of any auction. The
Auctioneer must include a written explanation of how the customer’s share of expenses was
determined. The amount of the Customer’s Percentage of Sales shall be subject to audit, and the
Auctioneer shall make any and all records supporting the customer’s compensation available for
inspection, upon written request by the agency.
A1 Assets Comment: “A1Assets understands and will comply. This is an area that should be of
special significance and importance to the State. For each Customer assigned to A1 Assets, a
special secure log-in ID will be provided on our web site so that EACH Customer or Agency may
review specific information about the sale of their goods. Please see the attached Assets Sales
Proposal for more detailed information.”
Any Auctioneer responding to this eQuote should read completely, the State Purchasing
Agreement language specified in PUR Form 7722 attached hereto and included as part of this
eQuote. Paragraphs 6 and 7 fully explain the criteria for “Invoicing and Payment” and
“Transaction Fee”.
A1 Assets Comment: “A1Assets understands and will comply.”
WARRANTY OF OFFICE FURNITURE AND EQUIPMENT
All office furniture and equipment sold at auction are sold “AS IS, WHERE IS”. The agency
selling the products does not warrant the condition, merchantability or fitness of use of office
furniture and equipment sold at auction. This information shall be made a part of the auction
advertisement, posted in sales areas and made available to the general public upon request.
A1 Assets Comment: “A1Assets understands and will comply.”
Page 5 of 12
PERFORMANCE STANDARDS
The Auctioneer must warrant that all work performed complies with customary, reasonable, and
prudent standards of care in accordance with the industry and must perform the services provided
herein in a professional manner. Failure to provide services as specified shall be considered as a
default and the agreement terminated.
A1 Assets Comment: “A1Assets understands and will comply.”
SAFETY REQUIREMENTS
Auctioneer shall comply with applicable OSHA requirements and enforce safety regulations
during performance of the work.
A1 Assets Comment: “A1Assets understands and will comply.”
INSURANCE
Promptly after award and before performing any service under the Agreement, the Auctioneer
shall provide proof of insurance to the ordering agency. The Auctioneer shall, at its own
expense, secure and maintain the insurance coverage required by law. The Auctioneer shall
secure and maintain commercial general liability insurance, including errors and omissions
coverage, in the amount of $300,000. The State shall be named as an additional insured in the
general liability coverage policy. The policy shall provide for ninety (90) days prior written
notice to the agency of cancellation of any coverage. At the agency’s request, the Auctioneer
shall provide all relevant certificates and endorsements as proof of such insurance, of proof of its
ability to self-insure, including renewal or replacement evidence of insurance at least thirty (30)
days before the expiration or termination of any insurance.
A1 Assets Comment: “A1Assets understands and will comply.”
QUESTIONS
If you have questions regarding how to use the eQuote tool (i.e., how to login, review an eQuote,
submit a response, download an attachment, etc.), please contact the MyFloridaMarketPlace
Customer Service Desk at 1-866-352-3776 or at VendorHelp@myfloridamarketplace.com.
If you have questions pertaining to the content of the eQuote itself, please contact the agency
person listed on the eQuote. The contact person for this eQuote is Dorothy Stuff, telephone 850410-2424 or email stuffd@dms.state.fl.us.
Page 6 of 12
PRICE SHEET E-QUOTE FORM
FOR CUSTOMER’S PERCENTAGE OF SALES
Auctioneer shall complete this form by entering its quote for the Customer’s Percentage of Sales
in the space provided below. The amount quoted shall be that percentage of the total sales
proceeds from the Auction that the Customer shall receive from the Auctioneer in full
compliance with the Agreement, if awarded.
A1 Assets Comment: “A1 Assets urges the State to review the attached Asset Sales Proposal for
the breakdown of percentage of sales, as the breakdown of percentage of sales is not applicable
to the format on this page. However, the percentage of sales noted in the attached Asset Sales
Proposal is the same for all customers in the State of Florida, regardless of the region noted
below.”
Customer’s Percentage of Sales, Northern
_____%
Customer’s Percentage of Sales, Western
_____%
Customer’s Percentage of Sales, Central
_____%
Customer’s Percentage of Sales, Southern
_____%
DISTRICT(S) QUOTING:__x__Western, _x___Northern, _x___Central, _x__Southern, __x__Statewide
Auctioneer: Andrew Hoopper for A1 Assets (Daves Bargain Outlet, LLC)
SPURS Vendor Number:__F043620893-002________________________
Name and Title: Andrew Hoopper, VP of Marketing
Page 7 of 12
October 17th , 2005
Proposal to Perform Surplus Sales for the State of Florida
SUBMITTED BY:
David Leavitt
President
A1 Assets and
Daves Bargain Outlet, LLC
215 Pineda Street
Suite 165
Longwood, FL 32750
Office - (407) 830-7030
Fax – (407) 831-7030
Page 8 of 12
1.
Introduction
Pursuant to Sections 274.05 and 274.06 and/or Section 717.122 in the 2005 Florida Statutes, A1 Assets (Daves
Bargain Outlet, LLC) respectfully submits this written proposal to provide surplus sales and services for THE
STATE OF FLORIDA, which in the context of this proposal includes inventory control, warehousing, staging,
advertising, selling and shipping of surplus items to successful buyers. Table 1 identifies the types of surplus
applicable to this proposal.
If agreeable by THE STATE OF FLORIDA, A1 Assets will:

On an as needed basis, work with THE STATE OF FLORIDA or any STATE OF FLORIDA
CUSTOMER to inventory surplus approved by the State as deemed appropriate to sell.

When mutually agreeable between A1 Assets and THE STATE OF FLORIDA, warehouse and store
surplus at A1 Asset’s warehouse facility.

For surplus items to be stored at A1 Asset’s warehouse, schedule a pick up and transport those items to
A1 Asset’s warehouse.

Sell approved surplus for THE STATE OF FLORIDA and distribute the proceeds from the sale as
described in Table 2.

Pay all advertising costs associated with the sale of surplus.

Pay for warehousing expenses, when applicable. A1 Assets will be responsible for warehouse expense
for all surplus stored at an A1 Assets facility.

Supply labor associated with the inventory, transportation, warehousing and selling of surplus property
being assigned to A1 Assets for sale.

Administer and provide unit based sales analysis for each surplus item assigned to A1 Assets for sale.
This itemization will include and completely disclose the selling price associated with selling such
items.
1.1
Method of Operation

Surplus to be sold notification – A1 Assets will be notified by THE STATE OF FLORIDA via
telephone and/or e-mail message that surplus has been approved for sale. THE STATE OF FLORIDA
retains the right to determine which surplus items will be released to A1 Assets for sale by A1 Assets.

Inventory Schedule –A1 Assets will schedule a representative to physically inspect, inventory and log
the surplus inventory at the location where it is currently in storage or in use. The physical inventory
will consist of indicating, on an approved inventory sheet, the manufacturer and model number of each
surplus item approved for sale by THE STATE OF FLORIDA. Alternately, with THE STATE OF
FLORIDA’s approval, A1 Assets will pick up items in bulk and perform the detailed inventory at an A1
Assets warehouse.

Warehousing - A1 Assets and THE STATE OF FLORIDA will mutually agree on where surplus items
should be warehoused – either at a STATE OF FLORIDA WAREHOUSE or at an A1 Assets
warehouse. For any and all items to be warehoused at an A1 Assets warehouse, then A1 Assets will be
responsible for loading, transportation and unloading of the items.
Page 9 of 12

Sales - A1 Assets sells surplus in a variety of ways. A1 Assets utilizes established nationwide
(sometimes world-wide – depending upon the type of asset) contacts to sell a variety of inventory to. If a
match is found between an item and a buyer, A1 Assets will close the deal with the buyer, pack, crate
and ship the item to the buyer, accept payment from the buyer and distribute proceeds to THE STATE
OF FLORIDA according to the schedule in table 2. A1 Assets will be free to sell any item deemed
approved for sale by THE STATE OF FLORIDA in any legal manner and to any legal buyer as A1
Assets sees fit. This includes direct sales to pre-established A1 Assets contacts, sales through Daves
Bargain Outlet, LLC Retail Outlets, internet sales on A1 Assets and Daves Bargain Outlet, LLC web
sites and sales on other internet sales sites such as eBay, LabX, etc. As part of the service provided by
A1 Assets, when necessary, A1 Assets will take digital photos, write descriptions and place ads for the
sale of items at no cost to THE STATE OF FLORIDA.

Packing and Shipping – When necessary, A1 Assets will pack, crate and ship items sold. A1 Assets
will charge the buyer shipping, handling, and sometimes a crating fee that shall not be interpreted as part
of the sale price of the item. A1 Assets will retain 100% of all shipping, crating, handling, and packing
fees paid for by the buyer.

Sales Tax –A1 Assets will collect Florida sales tax on all items sold to buyers in the state of Florida who
are not exempt from paying sales tax. A1 Assets will keep records of all sales tax exempt sales and
certificates as governed by the laws of the state of Florida. A1 Assets will pay the state of Florida all
sales tax collected from the sales of surplus items according to the laws of the state of Florida.

Distribution of Proceeds from Sales – On a monthly basis (or other time frame suitable to THE
STATE OF FLORIDA), A1 Assets will distribute the proceeds from surplus property sales to THE
STATE OF FLORIDA in the form of Certified Bank Funds or a company check from A1 Assets.

Property Ownership – For the purpose of this agreement, THE STATE OF FLORIDA or their
customer retains ownership of all surplus property assigned to A1 Assets for sale until – a) the property
is sold by A1 Assets, or b) the property is removed from the agreement for sale by THE STATE OF
FLORIDA. At any time, THE STATE OF FLORIDA retains the right to remove any or all of the surplus
items assigned for sale to A1 Assets.

Online Sales Statistics – If an agreement is made between A1 Assets and THE STATE OF FLORIDA,
A1 Assets will create a secure login ID to our web site so that THE STATE OF FLORIDA may, at any
time, see live statistics of items sold, items paid for and items unsold. This service is available free of
charge to THE STATE OF FLORIDA.

For Export Only Clause – THE STATE OF FLORIDA may deem some items as ‘FOR EXPORT
ONLY’. A1 Assets will sell any item indicated by THE STATE OF FLORIDA as being ‘FOR EXPORT
ONLY’ to buyers outside of the United Sates and its Territories only. Items identified as ‘FOR
EXPORT ONLY’ will be noted as such on the inventory sheet.

Computer Equipment – A1 Assets understands the confidentiality and security involved in selling used
computer equipment. As part of this agreement, A1 Assets will remove ALL SOFTWARE from any
hard drive still resident on a personal computer prior to selling such devices.

Insurance – A1 Assets and Daves Bargain Outlet carry a $1,000,000 aggregate General Liability policy,
a $500,000 Combined Single Limit Automobile Liability Policy and a $100,000 per employee
Workman’s Compensation and Employer Liability Policy at all times by companies approved and
licensed by the Insurance department of the State of Florida.

Auctioneering Services – To meet the State Requirements for Auctioneering Services, A1 Assets
employs a full time auctioneer, licensed by the State of Florida.
Page 10 of 12
TABLE 1 – Types of Surplus Items that will be sold by A1 Assets for THE STATE OF FLORIDA
Most Electronic &
Technology-Based
Equipment
Telephone Equipment
Security and Alarm Laboratory
Equipment
Equipment
Televisions & VCR’s
Shop Equipment
Radio Equipment
Medical Equipment
Computers
Data Equipment
Video Equipment
Dental Equipment
Monitors
Exercise Equipment
Audio/Video
Equipment
Industrial Equipment
Printers
Lawn Equipment
Heavy Equipment
Food Service
Equipment
Fire Alarm Equipment Presentation
Equipment
Commercial Printing Entertainment
Equipment
Equipment
Any other surplus inventory mutually agreeable between A1 Assets and THE STATE OF
FLORIDA
TABLE 2 – A1 Assets Fee Structure
A1 Assets Fee Structure
40% of the first $1,000 (or any portion of the first $1,000) of the Sale Price of an item
Example: Item sold for $1,000.
The fee would be as follows:
$400 for the $1,000 sale.
THE STATE OF FLORIDA would receive $600 and A1 Assets would retain $400 for the selling
fee.
40% of the first $1,000 (or any portion of the first $1,000) PLUS 10% of the amount that is over
the first $1,000 of the total sale price of an item
Example: Item or lot sold for $10,000.
The fee would be as follows:
$400 for the first $1,000 of the sale price, PLUS
$900 for the last $9,000 of the sale price.
THE STATE OF FLORIDA would receive $8,700 and A1 Assets would retain $1,300 for the
selling fee.
Page 11 of 12
Ordering Instructions
CONTRACTOR: A1 Assets (Daves Bargain Outlet, LLC)
SPURS VENDOR NUMBER: F043620893-002
eQuote/Agreement Administration
Please identify the person who will be responsible for administering the agreement on your behalf if award is
made, and include an emergency contact phone number:
Name: Andrew Hoopper
Title: Vice President of Sales & Marketing
Street Address: 215 Pineda Street Unit 165 Longwood, Florida 32750
Email Address: andrew@davesbargainoutlet.com
Phone Number(s): Office – (407) 830-7030 Cell – (407) 948-5577
Fax Number: (407) 831-7030
If the person responsible for answering questions about the agreement is different from the person identified
above, please provide the same information for that person.
Name:
Title:
Street Address:
Email Address:
Phone Number(s):
Fax Number:
Direct Orders
Please provide the following information about where the Customers should direct orders. You must provide a
regular mailing address. If equipped to receive purchase orders electronically, you may also provide an Internet
address.
Street Address or P.O. Box: 215 Pineda Street Unit 165
City, State, Zip: Longwood, Florida 32750
Phone Number: (407) 830-7030
Toll Free Number: (888) 474-3784
Ordering Fax Number: (407) 831-7030
Internet Address: www.techsurplusdepot.com
Federal ID Number: 04-3620893
Remit Address: 215 Pineda Street Unit 165
City, State, Zip: Longwood, Florida 32750
Email Address: andrew@davesbargainoutlet.com
Attach additional addresses for all locations in Florida authorized to perform services under this
agreement. All locations must be registered in MyFloridaMarketPlace.
Page 12 of 12
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