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Item #03 Approval of Declaration of Surplus Property 40.4.4 ocoee florida AGENDA ITEM COVER SHEET Meeting Date: September 20, 2016 Item # 3 Reviewed By: \ Contact Name: Joyce Tolbert Department Director: d ,�_.r .►�J!,1, /) Contact Number: 1516 City Manager: Subject: Declaration of Surplus Property Issue: The attached is a departmental listing of items requested to be declared as surplus property. A tentative listing was given to all departments allowing an opportunity to request any items meeting their departmental needs; all requests for transfer were approved by the City Manager, and removed from the surplus list. Background Summary: Staff has successfully used Gideon Auctioneers for previous surplus sales. Staff requests the approval of the City Commission to contract George Gideon Auctioneers, Inc., Zellwood, Florida for the public sale of the City's surplus property. These items are identified on the list as ID Code "G". Due to the market, Gideon is now performing online auctions only; however, Gideon will continue to act as the dealer in transferring all titles and collecting sales tax, collecting payments, taking auction pictures and listing each item, which includes answering questions and showing the items to the public. This action will present the City with the opportunity of a larger coverage area with more convenience to the public, and would alleviate the overtime costs and auctioneer fees incurred in conducting the auction in-house. The City has had good results in the past with Gideon, and found the proceeds received for items sold by Gideon to be comparable to those sold by the City, EBay, or other online auction platforms. The surplus items will be delivered to the Gideon property located at 2753 N. Hwy. 441, Zellwood, FL 32798. The public viewing of items at the auction site is during business hours from 9:00 a.m. to 4:00 p.m., 3:30 p.m. for vehicles. A link to the City's surplus auctions on Gideon's auction site will be placed on the City's website. The notice of auction will be advertised in the Orlando Sentinel, the West Orange Times, and the City's Internet site. The City would be piggybacking on Lake County's contract for Auctioneer Services, RFP #16-0625, which is for an initial term of five (5) years, but may be extended by the County. Gideon would receive 5% commission on all titled items (vehicles/on road equipment), and 7% on all non-titled items. The commission fees to the City is lower than in previous years, as there is now a 5% buyer paid premium which is common for this industry. Any items that do not sell would be listed again, or other selling options will be explored by Staff and brought back to the City Commission for approval. A detailed report of all items sold and their respective amounts will be forwarded to the City along with payment within fourteen (14) business days of the end of the auction. 1 Recommendations: Staff requests that the City Commission: 1) Declare the items listed as surplus property; 2) Approve George Gideon Auctioneers Inc. for the public online sale of the City's surplus property, and authorize staff to piggyback on Lake County's contract with George Gideon Auctioneers, and authorize execution of the agreement between the City and George Gideon Auctioneers by the Mayor and City Clerk for an initial term of five (5) years, plus any additional extensions as may be provided by the Lake County contract. Attachments: 1. Surplus List 2. Gideon Contract (draft attached, original forthcoming) 3. Lake County Contract (draft attached, executed copy forthcoming) 4. Transfer of Unclaimed Evidence/Abandoned Property Financial Impact: City expenses would be administrative and labor to move or prepare the items for sale, plus auction fees. However, the money received for all items sold should offset these expenses. Auction proceeds will be deposited back into the respective funds. Type of Item: (please mark with an "x") Public Hearing For Clerk's Dept Use: Ordinance First Reading )( Consent Agenda Ordinance Second Reading Public Hearing Resolution Regular Agenda X Commission Approval Discussion&Direction X Original Document/Contract Attached for Execution by City Clerk Original Document/Contract Held by Department for Execution Reviewed by City Attorney N/A Reviewed by Finance Dept. N/A Reviewed by ( ) N/A 2 0 F W Q _}}} } }0} FC7(70 C9 C7F'C9� W 0000 0 OOOz 0000 0 0}0w m p Z Z Z Z Z J Z Y O 022= x xt,C=J O W W W W d W Z v E N 8 8 8 8 8 0 m 8 8 8 8 8 F W F 0 O U C O O c c c c c c c c C c c C C c a 0 a) a) a) aI O 0 aI 0 a) a) T.. 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(d` 0 w e errrrrrrrr t=tvtrrt-errrcr e errrrrrtrr-err erra) 5 d 0 0 a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a a w 0 0 77 77=77777=777777 77=777777==77=77777==77777W n W 5 o (n(n(n(n(n0_)(n(n(nMMCO(n(a(n(n(nMM n0_)(n(nvJ(n(n(n(n(n(n(ovJ(n(n(n(n(n(na)(n(nMWO-Mv)(na P 0000000000000000000000O000000O0000C90000000000(90(9 0 O D O O N n N M n n U O n n M W n O N M cr cO O n 0_ 0 O 0 N M V ,O 0 n 0_ O O 0 N O n W 0 0 ,-N M V.M W CO (0 N n a) M OD M M M M W M M 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z N N N N N N N N N N N NN N N N N 454 AUCTIONEER SERVICES AGREEMENT THIS AGREEMENT is made and entered this day of September, 2016, by and between GEORGE GIDEON AUCTIONEERS, INC., mailing address PO Box 1179, Zellwood, FL 32798-1179, herein referred to as CONTRACTOR, and THE CITY OF OCOEE, a political subdivision of the State of Florida, mailing address 150 N. Lakeshore Dr., Ocoee, FL 34761-2258, herein referred to as CITY. WITNESSETH: WHEREAS, the CONTRACTOR agrees to provide Auctioneer services to the CITY in accordance with this AGREEMENT; and WHEREAS, THE CITY of OCOEE authorizes procurement of services from contracts of other local governments; and WHEREAS, the CONTRACTOR and CITY agree to incorporate by reference the terms and conditions of the enclosed agreement between Lake County, Florida, Ref: RFP #16-0625, of which THE CITY OF OCOEE desires to "piggyback" this contract, referenced as Exhibit A: Fee and Commission Proposal. WHEREAS, the City Commission of the City of Ocoee authorized staff to dispose of surplus property. NOW, THEREFORE, in consideration of the mutual understandings and covenants set forth herein, the CITY and CONTRACTOR agree as follows: Section 1. Incorporation by Reference. The CONTRACTOR and CITY agree to incorporate by reference the terms and conditions of the enclosed agreement attached as Exhibit A. Specifications contained in Exhibit A shall constitute the working contract for the Auctioneers and THE CITY OF OCOEE. Section 2. Term. The term of this agreement is for five (5) years from the effective date of the Lake County Contract, plus extensions as approved per the Lake County Contract, to dispose of surplus property as approved by the CITY OF OCOEE CITY COMMISSION. Section 3. Notices. Whenever either party desires to give notice unto the other, notice may be sent to: CITY CONTRACTOR City of Ocoee George Gideon Finance Department President 150 N. Lakeshore Dr. PO Box 1179 Ocoee, FL 34761-2258 Zellwood, FL 32798-1179 407/905-3100 407/886-2211 Either of the parties may change, by written notice as provided herein, the addresses or persons for receipt of notices. Section 4. Records and Audits. CONTRACTOR shall maintain, in its place of business, all books, documents, papers, and other evidence pertaining to work performed under this agreement. CONTRACTOR shall maintain such for three (3) years from the date of final payment under this agreement for audit or inspection by the CITY or other entity authorized by the CITY. IN WITNESS WHEREOF, the parties hereto have executed this instrument for the purpose herein expressed. ATTEST: George Gideon, President Witness George Gideon Auctioneers, Inc. George Gideon Auctioneers, Inc. APPROVED: ATTEST: CITY OF OCOEE, FLORIDA Melanie Sibbitt, City Clerk Rusty Johnson, Mayor Date (SEAL) FOR USE AND RELIANCE ONLY BY APPROVED BY THE OCOEE CITY THE CITY OF OCOEE, FLORIDA COMMISSION MEETING HELD APPROVED AS TO FORM AND LEGALITY ON this day of , 2016. this day of , 2016. UNDER AGENDA ITEM NO. By: City Attorney Attachment: Exhibit C-Pricing Schedule based on Lake County Contract Exhibit A FEE AND COMMISSION PROPOSAL The undersigned hereby submits the following fee proposal and agrees to execute a contract with THE CITY OF OCOEE in accordance with the terms and conditions as set forth in this agreement. FEE SCHEDULE Commission charge for Gross Vehicle sales with titles 5% Commission charge for Gross Miscellaneous sales - untitled 7% Buyer Premium charged on all items sold 5% Transport charges per Vehicle (3/4 ton rating and under) $65.00 Transport charges per Vehicle (3/4 tom to 1ton rating) $85.00 Transport charges per Heavy Truck a Bus per unit $125.00 Transport charges for misc. items (w/3men loading/unloading) $120.00 per hr Transport charges for misc. items (w/2men loading/unloading) $90.00 per hr Company Name: GEORGE GIDEON AUCTIONEERS, INC. Phone: 407/886-2211 Fax: 407/886-2248 FEIN: 59-3404789 494 AGREEMENT BETWEEN P LAKE COUNTY, FLORIDA,AND GEORGE GIDEON AUCTIONEERS, INC. FOR AUCTION SERVICES RFP#16-0625A This is an Agreement between Lake County,Florida, a political subdivision of the State of Florida, herein referred to as the COUNTY,by and through its Board of County Commissioners,and George Gideon Auctioneers, Inc., a Florida for profit corporation, its successors and assigns, herein referred to as the CONTRACTOR. WHEREAS,the COUNTY publicly submitted a Request for Proposals(RFP), #16-0625, seeking firms or individuals to provide auctioneering services on behalf of members of the Purchasing Officials of Lake County (hereinafter "POOL") to dispose of surplus property in conjunction with the needs of said entities; and WHEREAS, the CONTRACTOR desires to perform such services subject to the terms of this Agreement; and WHEREAS, the provision of such services will benefit the parties and the residents of Lake County, Florida. NOW,THEREFORE,IN CONSIDERATION of the mutual terms, understandings, conditions, promises,covenants and payment hereinafter set forth,and intending to be legally bound,the parties hereby agree as follows: Article 1. Recitals 1.1 The foregoing recitals are true and correct and incorporated herein by reference. Article 2. Purpose 2.1 The purpose of this Agreement is for the CONTRACTOR to provide auctioneering services on behalf of members of the POOL to dispose of surplus property in conjunction with the needs of said entities. Article 3. Scope of Professional Services 3.1 On the terms and conditions set forth in this Agreement, the COUNTY hereby engages the CONTRACTOR to perform the services set forth herein in Attachment A,known as the Scope of Services attached hereto and incorporated herein by reference, on behalf of the entities named herein. The CONTRACTOR shall be governed by the Price Summary set forth in Attachment B, attached hereto and incorporated herein by reference, unless such schedule is amended by mutual, written agreement of each party's project manager. 3.2 This Agreement shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services and contingent upon the completion and submittal of all required pre-award documents. The initial term of this Agreement shall be sixty (60) months. The prices set forth in Attachment B shall prevail for the full duration of the initial term unless otherwise indicated elsewhere in this Agreement. Any proposed services that are not included in this Agreement shall not exceed what is reasonable and customary rate for this area. The CONTRACTOR shall maintain, for the entirety of this Agreement, if any, the same prices, terms, and conditions included within this Agreement. 3.3 The COUNTY is acting as "Solicitation Agent" for the entities identified herein and shall not be held liable for any costs,damages,etc.incurred by any party to any agreement between the CONTRACTOR and an entity arising from services rendered a result of this solicitation. By utilizing this solicitation, the entity(ies) shall indemnify and hold the COUNTY harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of services rendered to said entity(ies). 3.4 The following entities are referenced in this Agreement: Lake County BCC, Lake EMS, the Lake County School Board, the Lake County Sheriffs Office, the Towns of Astatula and Lady Lake, and the Cities of Clermont, Eustis, Leesburg, Mount Dora, and Tavares Florida (hereafter "Entity(ies)"). Other / governmental entities may participate under.this Agreement with the permission of the COUNTY and the CONTRACTOR. The County maintains the sole authority to modify the contract in response to the needs of the Entity(ies). 3.5 Each Entity will issue its own requests for service via task orders throughout the period of this Agreement as individual needs are determined. The CONTRACTOR acknowledges and agrees that if work is assigned by one of the entities to the CONTRACTOR,each individual project shall have a specific Scope of Services agreed to by the parties and a task order shall be executed by said parties. The task order shall include all necessary provisions including, but not limited to, setting forth the time of payment, time for completion, deliverables, electronic and printed formats and any other items relevant to the task. The task order shall be signed by both parties prior to the CONTRACTOR performing any of the agreed upon work. Each Entity will be paid separately by the CONTRACTOR from the sale revenue gained as a result of that Entity's auctioned items. 3.6 The CONTRACTOR shall coordinate and work with any other consultants retained by the COUNTY. The CONTRACTOR acknowledges that nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with,the services provided under this Agreement. Article 4. Payment 4.1 This shall be a revenue generating contract. The CONTRACTOR shall receive a paid commission from the contracting Entity as set forth in the Price Summary as attached in Attachment B. The CONTRACTOR shall remit the auction proceeds to the Entity within fourteen(14)business days after the auction closing date. Any fees owed the CONTRACTOR shall be deducted from the amount remitted to the Entity. Article 5. County Responsibilities 5.1 The COUNTY shall promptly review any materials submitted by the CONTRACTOR and provide direction to the CONTRACTOR as needed. 5.2 The COUNTY will provide to the CONTRACTOR all necessary and available data, photos and documents the COUNTY possesses that would be useful to the CONTRACTOR in the completion of the required services. Page 2 of 22 S:\DOCUMENT\2016\PROCUREMENT116-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx Article 6. Contractor's Responsibilities 6.1 The CONTRACTOR shall perform the work described in the Scope of Services and the Scope of Work, attached and incorporated by reference herein as Attachment A, as well as addenda, attached and incorporated by reference herein as Attachment C. 6.2 The CONTRACTOR shall coordinate and lead all meetings necessary to accomplish the Scope of Services,including preparation of all agendas,advertising,meeting minutes and sign-in sheets as necessary. 6.3 The CONTRACTOR shall manage all sub-consultants to fulfill the Scope of Services. Article 7. Special Terms and Conditions 7.1 Qualifications. All firms or individuals will be registered with the State of Florida and have obtained at least the minimum thresholds of education and professional experience required by the statutes to perform the work required under this Agreement. 7.2 Termination. The COUNTY reserves the right to terminate this contract, in part, or in whole, or affect other appropriate remedy in the event the CONTRACTOR fails to perform in accordance with the terms and conditions stated herein. The COUNTY further reserves the right to suspend or debar the CONTRACTOR in accordance with County ordinances, resolutions, and/or administrative orders. The CONTRACTOR will be notified by a written letter of the COUNTY's intent to terminate with a fifteen (15) days' notice and an appropriate time period to cure any such breach. In the event of termination for default,the COUNTY may procure the required goods and/or services from any source and use any method deemed in its best interest. A. Termination for Convenience. In the event this Agreement is terminated or cancelled upon the request and for the convenience of the COUNTY with the required advance written notice, the COUNTY shall reimburse the CONTRACTOR for actual work satisfactorily completed. B. Termination for Cause. Termination by COUNTY for cause,default, or negligence on the part of the CONTRACTOR shall be excluded from the foregoing provision. Termination costs, if any, shall not apply. The advance notice requirement is waived in the event of termination for cause. 7.3 Subletting of Contract. This Agreement shall not be sublet except with the written consent of the COUNTY's Procurement Services Director. No such consent shall be construed as making the COUNTY a party to the subcontract or subjecting the COUNTY to liability of any kind to any subcontractor. No subcontract shall under any circumstances relieve the CONTRACTOR of liability and obligations under this Agreement and all transactions with the COUNTY must be through the CONTRACTOR. 7.4 Indemnity. The CONTRACTOR agrees for good and valuable consideration in the amount of ten dollars ($10.00) to indemnify and hold harmless the COUNTY, and its officers and employees, from liabilities,damages, losses,and costs, including,but not limited to,reasonable attorneys' fees,to the extent caused by the negligence,recklessness,or intentionally wrongful conduct of the CONTRACTOR and other persons employed or utilized by the professional in the performance of the contract. 7.5 Independent Contractor. The CONTRACTOR agrees that it shall be acting as an independent contractor and shall not be considered or deemed to be an agent, employee,joint venturer, or partner of the COUNTY. The CONTRACTOR shall have no authority to contract for or bind the COUNTY in any manner and shall not represent itself as an agent of the COUNTY or as otherwise authorized to act for or Page 3 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx on behalf of the COUNTY. Additionally,the CONTRACTOR warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm other than a bona fide employee working solely for the CONTRACTOR any fee, commission,percentage,gift,or other consideration contingent upon or resulting from the award or making of this Agreement. 7.6 Ownership of Deliverables. The CONTRACTOR agrees all Tasks and/or deliverables under this Agreement, and other data generated or developed by the CONTRACTOR under this Agreement or furnished by the COUNTY to the CONTRACTOR shall be and remain the property of the COUNTY, including any applicable copyrights. The CONTRACTOR shall perform any acts that may be deemed necessary or desirable by the COUNTY to evidence more fully transfer of ownership of all Tasks and/or deliverables to the COUNTY. Additionally, the CONTRACTOR hereby represents and warrants that it has full right and authority to perform its obligations specified in this Agreement. 7.7 Return of Materials. Upon the request of the COUNTY, but in any event upon termination of this Agreement,the CONTRACTOR shall surrender to the COUNTY all memoranda,notes,records,drawings, manuals, computer software, and other documents or materials pertaining to the services hereunder, that were furnished to the CONTRACTOR by the COUNTY pursuant to this Agreement. 7.8 NO CLAIM FOR DAMAGES OR ANY CLAIM OTHER THAN FOR AN EXTENSION OF TIME SHALL BE MADE OR ASSERTED AGAINST THE COUNTY BY REASON OF ANY DELAYS. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of the work shall relieve the CONTRACTOR of his duty to perform or give rise to any right to damages or additional compensation from the COUNTY. The CONTRACTOR expressly acknowledges and agrees that the CONTRACTOR shall receive no damages for delay. However, this provision shall not preclude recovery or damages by the CONTRACTOR for hindrances or delays due solely to fraud,bad faith or active interference on the part of the COUNTY. Otherwise,CONTRACTOR shall be entitled to extensions of the contract time as the sole and exclusive remedy for such resulting delay,in accordance with and to the extent specifically provided above. Should the CONTRACTOR be obstructed or delayed in the prosecution of or completion of the work as a result of unforeseeable causes beyond the control of the CONTRACTOR,the CONTRACTOR shall notify the COUNTY in writing within two (2) regular work days after the commencement of such delay, stating the cause or causes thereof, or be deemed to have waived any right which the CONTRACTOR may have had to request a time extension. 7.9 Retaining Other Consultants. Nothing herein shall be deemed to preclude the COUNTY from retaining the services of other persons or entities undertaking the same or similar services as those undertaken by the CONTRACTOR or from independently developing or acquiring materials or programs that are similar to, or competitive with,the services provided under this Agreement. 7.10 Accuracy. The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all the services furnished hereunder. The CONTRACTOR shall, without additional compensation,correct or revise any errors,omissions or other deficiencies in its designs, drawings,reports or other services. 7.11 Codes and Regulations. All work completed under this Agreement shall conform to all applicable federal, state and local statutes,codes,regulations and ordinances. 7.13 Public Entity Crimes. A person or affiliate who has been placed on the convicted vendor list following a conviction of a public entity crime may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity in excess of the threshold Page 4 of 22 S:\DOCUMENT\2016\PROCUREMEN\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx amount provided in Florida Statutes, section 287.017 for Category Two for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 7.14 Prohibition Against Contingent Fees. The CONTRACTOR warrants that they have not employed or retained any company or person, other than a bona fide employee working solely for the CONTRACTOR, to solicit or secure this Agreement, and that they have not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR any fee, commission,percentage, gift or other consideration contingent upon or resulting from the award or making of this Agreement. 7.15 Right to Audit. The COUNTY reserves the right to require the CONTRACTOR to submit to an audit by any auditor of the COUNTY's choosing. The CONTRACTOR shall provide access to all of its records,which relate directly or indirectly to this Agreement at its place of business during regular business hours. The CONTRACTOR shall retain all records pertaining to this Agreement and upon request make them available to the COUNTY for three (3) years following expiration of the Agreement. The CONTRACTOR agrees to provide such assistance as may be necessary to facilitate the review or audit by the COUNTY to ensure compliance with applicable accounting and financial standards. 7.16 Public Records/Copyrights. A. All electronic files, audio and/or video recordings, and all papers pertaining to any activity performed by the CONTRACTOR for or on behalf of the COUNTY shall be the property of the COUNTY and will be turned over to the COUNTY upon request. In accordance with Chapter 119, Florida Statutes, each file and all papers pertaining to any activities performed for or on behalf of the COUNTY are public records available for inspection by any person even if the file or paper resides in the CONTRACTOR's office or facility. The CONTRACTOR shall maintain the files and papers for not less than five(5)complete calendar years after the Project has been completed or terminated, or in accordance with any grant requirements, whichever is longer. Prior to the close out of this Agreement, the CONTRACTOR shall appoint a records custodian to handle any records request and provide the custodian's name and telephone number(s)to the Contracting Officer. B. Any copyright derived from this Agreement shall belong to the author. The author and the CONTRACTOR shall expressly assign to the COUNTY nonexclusive, royalty free rights to use any and all information provided by the CONTRACTOR in any deliverable and/or report for the COUNTY's use which may include publishing in the COUNTY documents and distribution as the COUNTY deems to be in the COUNTY's best interests. If anything included in any deliverable limits the rights of the COUNTY to use the information, the deliverable shall be considered defective and not acceptable and the CONTRACTOR will not be eligible for any compensation. C. Pursuant to Section 119.0701,Florida Statutes,the CONTRACTOR shall comply with the Florida Public Records' laws, and shall: 1. Keep and maintain public records required by the COUNTY to perform the services identified herein. 2. Upon request from the COUNTY's custodian of public records, provide the COUNTY 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 for by law. 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 Page 5 of 22 S:\DOCUMEN'2016\PROCUREMENIl16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx contract term and following completion of the contract if the CONTRACTOR does not transfer the records to COUNTY. 4. Upon completion of the contract,transfer, at no cost,to the COUNTY all public records in possession of the CONTRACTOR or keep and maintain public records required by the COUNTY to perform the service. If the CONTRACTOR transfers all public records to the COUNTY upon completion of the 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 the contract, the CONTRACTOR shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the COUNTY, upon request from the COUNTY's custodian of public records, in a format that is compatible with the information technology systems of the COUNTY. 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 LAKE COUNTY PROCUREMENT SERVICES, 352-343- 9839, 315 W. MAIN STREET, TAVARES, FLORIDA 32778, dvillinis @lakecountyfl.gov. 7.17 Insurance. The CONTRACTOR shall provide and maintain at all times during the term of this Agreement, without cost or expense to the COUNTY,policies of insurance,with a company or companies authorized to do business in the State of Florida, and which are acceptable to the COUNTY, insuring CONTRACTOR against any and all claims, demands or causes of action whatsoever,for injuries received or damage to property relating to the performance of duties, services and/or obligations of the CONTRACTOR under the terms and provisions of this Agreement. The CONTRACTOR is responsible for timely provision of certificate(s) of insurance to the COUNTY at the certificate holder address evidencing conformance with the requirements under this Agreement at all times throughout the term of the Agreement. Such policies of insurance, and confirming certificates of insurance, shall insure the CONTRACTOR in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products-Completed Operations $2,000,000 Personal &Adv. Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included Automobile liability insurance,including owned,non-owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Page 6 of 22 S:\DOCUMEN'1\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx Workers'compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation(Federal,maritime,etc). If not required by law to maintain workers compensation insurance, the CONTRACTOR must provide a notarized statement that if he or she is injured; he or she will not hold the COUNTY responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease-Each Employee $1,000,000 Disease-Policy Limit $1,000,000 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of $1,000,000 and annual aggregate of$2,000,000. Note: Professional Liability Insurance must be carried at or above the specified level by prime consultant. The following additional coverage must be provided if a dollar value is inserted below: Loss of Use at coverage value: $ Garage Keepers Liability at coverage value: $ Lake County, a Political Subdivision of the State of Florida,and the Board of County Commissioners,shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance shall provide for a minimum of thirty (30) days prior written notice to the COUNTY of any change, cancellation, or nonrenewal of the provided insurance. It is the CONTRACTOR's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the CONTRACTOR to certify compliance, on the certificate of insurance, with all of the above requirements, then the CONTRACTOR is required to provide a copy of the actual policy endorsement(s)providing the required coverage and notification provisions. Certificate(s)of insurance shall identify the applicable solicitation number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA,AND THE BOARD OF COUNTY COMMISSIONERS. P.O. BOX 7800 TAVARES,FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the COUNTY, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the COUNTY. Page 7 of 22 S:\DOCUMENT2016\PROCUREMENT16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx Note: The CONTRACTOR shall provide a separate Certificate of Insurance (COI) that complies with the requirements stated above to each participating Entity citing that Entity as a certificate holder. Participating entities will request a COI from awarded vendor when needed. The CONTRACTOR shall be responsible for subconsultants and their insurance. Subconsultants are to provide certificates of insurance to the CONTRACTOR evidencing coverage and terms in accordance with the CONTRACTOR's requirements. All self-insured retentions shall appear on the certificate(s)and shall be subject to approval by the COUNTY. At the option of the COUNTY, the insurer shall reduce or eliminate such self-insured retentions or the CONTRACTOR or subconsultant shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The COUNTY shall be exempt from, and in no way liable for, any sums of money,which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the CONTRACTOR and/or subconsultant providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of this Agreement for default. Neither approval by the COUNTY of any insurance supplied by the CONTRACTOR or Subconsultant(s), nor a failure to disapprove that insurance, shall relieve the CONTRACTOR or Subconsultant(s) of full responsibility for liability, damages, and accidents as set forth herein. 7.18 Federal and/or State Clauses, Terms, and Conditions. A. Use of the Federal E-Verify System The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: 1. All persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2. All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. B. Employment of State Residents: The CONTRACTOR shall give preference to the employment of state residents in the performance of the work on the project if state residents have substantially equal qualifications to those of nonresidents. The term"substantially equal qualifications"refers to a situation wherein the CONTRACTOR cannot make a reasonable determination that the qualifications held by one person are better than the qualifications of another person. The CONTRACTOR must contact the Department of Economic Opportunity to post its employment needs in the state's job bank system. However, in work involving the expenditure of federal aid funds, this section may not be enforced in such a manner as to conflict with or be contrary to federal law prescribing a labor preference to honorably discharged soldiers, sailors, or marines, or prohibiting as unlawful any other preference or discrimination among the citizens of the United States. Page 8 of 22 S:\DOCUMENT\20161PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx C. Indemnification: The CONTRACTOR shall indemnify, defend, save and hold harmless the State of Florida, Department of Transportation and all of its officers, agents, or employees from all suits, actions, claims, demands, liability of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or commission of the CONTRACTOR, its officers, agents or employees. 7.19 Conflict of Interest. The CONTRACTOR hereby certifies that no officer, agent, or employee of the COUNTY has any material interest, as defined in Chapter 112, Florida Statutes, either directly or indirectly in the CONTRACTOR as a business entity, and that no such person shall have any such interest at any time during the term of this Agreement unless approved in writing by the COUNTY upon consultation with its attorney. 7.20 Key Personnel. The CONTRACTOR agrees that each person listed or referenced in the qualifications package shall be available to perform the services described herein for the COUNTY barring illness, accident, or other unforeseeable events of a similar nature in which case the CONTRACTOR must be able to promptly provide a qualified replacement. In the event the CONTRACTOR desires to substitute personnel, the CONTRACTOR shall propose a person with equal or higher qualifications and each replacement person is subject to prior written approval of the COUNTY. In the event the requested substitute is not satisfactory to the COUNTY and the matter cannot be resolved to the satisfaction of the COUNTY,the COUNTY reserves the right to terminate this Agreement. 7.21 Grant Funding. In the event any part of this Agreement is to be funded by federal, state, or other local agency monies, the CONTRACTOR hereby agrees to comply with all requirements of the funding entity applicable to the use of the monies, including full application of requirements involving the use of minority firms,women's business enterprises,and labor surplus area firms. Payments under this Agreement may be withheld pending completion and submission of all required forms and documents required of the CONTRACTOR pursuant to the grant funding requirements. 7.22 Tobacco Products. Due to the acknowledged hazards arising from exposure to tobacco products, and to protect the public and employees' health,safety,comfort and environment,tobacco use is prohibited on any COUNTY owned building and property. Tobacco products include both smoking and smokeless tobacco. 7.23 Certificate of Competency/Licensure, Permits, and Fees. The CONTRACTOR shall, at all times during the term of this Agreement, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying all persons,firms,corporations or joint ventures performing the work described herein. If work for other trades is required in conjunction with this Agreement and will be performed by a sub-contractor(s) or vendor(s) hired by the CONTRACTOR, an applicable Certificate of Competency/license issued to the sub-contractor(s)/hired vendor(s) shall be submitted by the CONTRACTOR to the COUNTY prior to beginning the relevant work; provided, however,that the COUNTY may at its option and in its best interest allow the CONTRACTOR to supply the subcontractor(s)/hired vendor(s) certificate/license to the COUNTY during the pendency of the work being performed. The CONTRACTOR is responsible to ensure that all required licenses,permits,and fees (to include any inspection fees)required for this Project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the COUNTY or the CONTRACTOR for failure to obtain required licenses,permits,inspection or other fees, or inspections shall be borne by the CONTRACTOR. Page 9 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx 7.24 Force Majeure. The parties will exercise every reasonable effort to meet their respective obligations hereunder,but shall not be liable for delays resulting from force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with revisions to Government law or regulation, acts of nature, acts or omissions of the other party, fires, strikes, national disasters,wars, riots, transportation problems and/or any other cause whatsoever beyond the reasonable control of the parties. Any such cause may be cause for appropriate extension of the performance period. Article 8. Miscellaneous Provisions 8.1 This Agreement is made under,and in all respects shall be interpreted,construed,and governed by and in accordance with, the laws of the State of Florida. Venue for any legal action resulting from this Agreement shall lie in Lake County,Florida. 8.2 Neither party may assign any rights or obligations under this Agreement to any other party unless specific written permission from the other party is obtained. 8.3 The captions utilized in this Agreement are for the purposes of identification only and do not control or affect the meaning or construction of any of the provisions hereof. 8.4 This Agreement shall be binding upon and shall inure to the benefit of each of the parties and of their respective successors and permitted assigns. 8.5 This Agreement may not be amended, released, discharged, rescinded or abandoned, except by a written instrument duly executed by each of the parties hereto. 8.6 The failure of any party hereto at any time to enforce any of the provisions of this Agreement will in no way constitute or be construed as a waiver of such provision or of any other provision hereof,nor in any way affect the validity of,or the right thereafter to enforce,each and every provision of this Agreement. 8.7 During the term of this Agreement the CONTRACTOR assures the COUNTY that it is in compliance with Title VII of the 1964 Civil Rights Act, as amended, and the Florida Civil Rights Act of 1992, in that CONTRACTOR does not on the grounds of race, color, national origin, religion, sex, age, disability or marital status, discriminate in any form or manner against CONTRACTOR employees or applicants for employment. The CONTRACTOR understands and agrees that this Agreement is conditioned upon the veracity of this statement of assurance. 8.8 The CONTRACTOR shall at all times comply with all Federal, State and local laws, rules and regulations. 8.9 The CONTRACTOR shall act as the prime CONTRACTOR for all required items and services and shall assume full responsibility for the procurement and maintenance of such items and services. The CONTRACTOR shall be considered the sole point of contact with regards to all stipulations, including payment of all charges and meeting all requirements of this Agreement. All sub-consultants will be subject to advance review by the COUNTY in terms of competency and security concerns. No change in sub- consultants shall be made without consent of the COUNTY. The CONTRACTOR shall be responsible for all insurance, permits, licenses and related matters for any and all sub-contractors. Even if the sub- contractor is self-insured, the COUNTY may require the CONTRACTOR to provide any insurance certificates required by the work to be performed. 8.10 The CONTRACTOR shall either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607, Florida Statutes. Page 10 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16 pdf docx 8.11 The CONTRACTOR shall not assign or transfer this Agreement, including any rights, title or interest therein, or its power to execute such contract to any person, company or corporation without the prior written consent of the COUNTY. This provision specifically includes any acquisition or hostile takeover of the awarded vendor. Failure to comply in this regards may result in termination of this Agreement for default. 8.12 Any individual,corporation or other entity that attempts to meet its contractual obligations through fraud, misrepresentation or other material misstatement, may be debarred for up to five (5) years. The COUNTY as a further sanction may terminate or cancel any other contracts with such individual, corporation or entity with such vendor held responsible for all direct or indirect costs associated with termination or cancellation,including attorney's fees. 8.13 The COUNTY reserves the right to perform, or cause to be performed, all or any of the work and services herein described in the manner deemed to represent its best interests. In no case will the COUNTY be liable for billings in excess of the quantity of goods or services actually provided under this contract. 8.14 This Agreement may be modified by mutual consent of duly authorized parties, in writing through the issuance of a modification to this Agreement and/or purchase order as appropriate. This presumes the modification itself is in compliance with all applicable COUNTY procedures. 8.15 The COUNTY has the unilateral option to extend this Agreement for up to ninety (90) calendar days beyond the current contract period. In such event,the COUNTY will notify the vendor(s) in writing of such extensions. This Agreement may be extended beyond the initial ninety (90) day extension upon mutual agreement between the COUNTY and the CONTRACTOR. Exercise of the above options requires the prior approval of the Procurement Services Manager. 8.16 The invalidity or unenforceability of any particular provision of this Agreement shall not affect the other provisions hereof, and this Agreement shall be construed in all respects as if such invalid or unenforceable provisions were omitted. 8.17 Wherever provision is made in this Agreement for the giving, service or delivery of any notice, statement or other instrument, such notice shall be in writing and shall be deemed to have been duly given, served and delivered, if delivered by hand or mailed by United States registered or certified mail or sent by facsimile, addressed as follows: If to CONTRACTOR: If to COUNTY: George Gideon,President County Manager 2753 N. Orange Blossom Trail Lake County Administration Bldg. Zellwood,FL 32798 Post Office Box 7800 Tavares, Florida 32778-7800 Each party hereto may change its mailing address by giving to the other party hereto, by hand delivery, United States registered or certified mail notice of election to change such address. Article 9. Scope of Agreement 9.1 This Agreement is intended by the parties hereto to be the final expression of their Agreement,and it constitutes the full and entire understanding between the parties with respect to the subject hereof, notwithstanding any representations, statements, or agreements to the contrary heretofore made. Page 11 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx 9.2 This Agreement contains the following Attachments: Attachment A Scope of Services Attachment B Pricing Summary Attachment C Addenda [Remainder of Page Intentionally Left Blank) Page 12 of 22 S:\DOCUMENT\2016\PROCUREMENTh6-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx Agreement between Lake County,Florida and George Gideon Auctioneers,Inc.,for Auction Services,RFP#16-0625. IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the respective dates under each signature: COUNTY through its Board of County Co '.ners,signing by and through its Chair and by CONTRACTOR through its duly authorized repr=.entative. CONTRACTOR George Gideon,Pip nt George Gideon eers,Inc. License No: AU672 This/5° day of 2016. COUNTY ATTEST: Lake County,Florida Neil Kelly,Clerk of the Sean M.Parks,Chairman Board of County Commissioners of Lake County,Florida This day of ,2016 Approved as to form and legality: Melanie Marsh,County Attorney Page 13 of 22 S:\DOCUMEN112016\PROCUREMEN1116-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdfdocx ATTACHMENT A STATEMENT OF WORK GENERAL REQUIREMENTS: The auctioneer shall: • Be licensed and bonded by the State of Florida. Please provide current license information in your proposal. The auctioneer must notify the County immediately if at any time during the contract term the auctioneer is not licensed. • Be licensed to sell titled vehicles in the State of Florida and will be responsible for title transfers and all vehicle sale requirements by the State of Florida. • Collect and pay all sales taxes to the State of Florida. • Perform all customary clerical tasks relating to conducting an auction including, but not limited to, presale advertising/marketing, consolidation and arrangement of items in the best sale order, tagging and assigning lot numbers, registering bidders, conducting and monitoring the auction, selling and disposing of unsold items, financial record-keeping of all sales transactions and moneys, issuing receipts for payments. • Keep records of all financial matters pertaining to the online auctions in accordance with generally accepted accounting principles. The financial records shall be made available to representatives of the County or any other governmental agency with jurisdiction for audit, as such reasonable times and places as the County shall designate. • With regard to online auctions, the auctioneer shall provide and maintain the software utilized that includes inventory control and all aspects of asset disposal pertaining to online auction process. • Have considerable knowledge of the advertising media in prospective markets and have demonstrated municipal/governmental experience. • Provide the Entity with complete records of all transactions, including an itemized report of sale that includes identification of each item sold, name and contact information of the successful bidder(at a minimum, a valid mailing address), and the sale amount. • Provide the County with a sales reconciliation report that includes gross sale proceeds, auction expenses, and net amount due to the County. • Remit proceeds to the County within fourteen (14) business days of the auction. • Provide training and instruction to County staff pertaining to the implementation of the auction process at no cost upon request. Page 14 of 22 S:\DOCUMEN112016\PROCUREMEN1116-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdfdocx SCOPE OF SERVICES —OPTION 1: Under Option 1A,the auctioneer shall pick up and transport items to its facility and conduct a live auction at the auctioneer's facility. ' Under Option 1B,the auctioneer shall pick up and transport items to its facility and conduct an online auction. Requirements for Option 1: • For live auctions,which shall be performed at the auctioneer's facility,the auctioneer shall use its own staff for all aspects of the sale, including conducting the auction and managing all administrative and accounting tasks related to the auction. • The auctioneer must have a secure storage area in which to store surplus items picked up from the Entity while items are in the possession of auctioneer before and during auctions and until the successful buyer retrieves the item(s). The auctioneer shall make all arrangements for interested bidders to view the items when requested. The County may tour and inspect the auctioneer's site prior to contract award. • Services under the contract shall include transportation of all surplus vehicles, equipment and miscellaneous items from designated locations to the auctioneer's facility. The auctioneer will pick up all items designated for auction within fifteen (15) days from request by Entity staff. The auctioneer shall be responsible for loading and transportation of all items. The auctioneer must accept all items designated as surplus by the Entity. The auctioneer will not be allowed to select items to auction. • Designated Lake County locations for pickup of items are: Facilities Warehouse, 32400 CR 473, Leesburg (palleted items such as computer/office equipment, furniture, etc.), and Fleet Maintenance,20423 Independence Blvd., Groveland(vehicles and large equipment). The County reserves the right to add pickup locations if needed. Lake County Schools designated location for pickup of items is 512 South Palm Avenue, Howey-In-The-Hills, Florida 34737. Designated pickup locations for other Entities will be given to the selected vendor(s) upon contract award for those entities participating in Option 1. • The auctioneer must obtain direction from the Entity regarding the disposition of items not sold. The Entity shall provide such disposition in writing; electronic mail is acceptable. All costs associated with the disposition of unsold items will be the auctioneer's responsibility. The County encourages the auctioneer to dispose of all unsold items in a responsible manner by recycling any materials possible. • In the event there are items too difficult or impossible to transport to the auctioneer's facility, these items would remain at the Entity's location. Auctioneer will be required to take pictures at the Entity's site to upload to an online auction. Interested buyers would be required to make prior arrangements through the auctioneer to view these items at the Entity location, and the item(s) would still be sold "as is", "where is", with no warranties Page 15 of 22 S:\DOCUMENT2016\PROCUREMENTU6-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx expressed or implied, with removal of purchased items being the responsibility of the successful buyer. SCOPE OF SERVICES—OPTION 2: Under Option 2, the auctioneer shall provide a website for online auctions, whereby the Entity shall upload items to the vendor's auction site,while retaining items at its own facility. Under Option 2, the vendor shall: • Provide and maintain the software utilized that includes inventory control and all aspects of asset disposal pertaining to online auction process. • Be experienced at auctioning via the internet, have considerable knowledge of the advertising media in prospective markets and must have demonstrated municipal/governmental experience. • Provide information about the technical and non-technical support features of your online site and include information about the following: ✓ Training ✓ Technical Support/Help Desk ✓ Maintenance ✓ Account Representatives • Provide training and instruction to Entities pertaining to the implementation of the online auction process at no cost. • Provide real-time monitoring of the auction progress. • All items sold at auction will be sold "AS IS, WHERE IS". The Entity will not warrant condition, merchantability or fitness of items 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. Page 16 of 22 S:\DOCUMEN1\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdfdocx ATTACHMENT B PRICING SUMMARY RFP 16-0625/Auction Services REVISED PRICING SECTION NOTES: • "Titled Items and Equipment" includes anything that requires a title by the State of Florida. "Miscellaneous Items"includes anything else. • The"adjusted gross revenue"for an auction shall mean the actual payments collected for items sold during the auction,less the applicable sales tax collected for such sales. OPTION IA.Live Auction By A:ut•tioncer With Items Transported to Auctioneer's Facility by Auctioneer: Titled Items and Equipment' 1. Auctioneering commission for live auctions performed by the Auctioneer shall be performed for 0 percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer,if any: 0 3. Pickup and delivery shall be performed for a unit price of$0 each for items less than 3/4 ton. 4. Pickup and delivery shall be performed for a unit price of$0 each for items 3/4 ton to one(1)ton. 5. Pickup and delivery shall be performed for a unit price of$0 each for items over one(1)ton. Miscellaneous Item s: 1. Auctioneering commission for live auctions performed by the Auctioneer shall be performed for 0 percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer,if any: 0 3. Pickup and delivery shall be performed at an hourly rate of$0 for a truck and two(2)workers, including the driver,to load,deliver,and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 4. Pickup and delivery shall be performed at an hourly rate of$ 0 for a truck and three(3)workers., including the driver,to load,deliver,and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. Page 17 of 22 S:\DOCUMENT2016\PROCUREMENT16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx OPTION 1B—Online Auction By Auctioneer With Items Transported And Stored At Auctioneer's Facility by Auctioneer: Titled Items and Equipment: I. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for 5% percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer,if any 5% 3. Pickup and delivery shall be performed for a unit price of$ 65.00 each for items less than 3/4 ton, 4. Pickup and delivery shall be performed for a unit price of$ 85.00 each for items 3/4 ton to one(1)ton. 5. Pickup and delivery shall be performed for a unit price of$ 125.00 each for items over one(1)ton. Miscellaneous Stems: I. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for 7% percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer,if any: 5% 3. Pickup and delivery shall be performed at an hourly rate of$ 90.00 for a truck and two(2)workers,including the driver,to load,deliver,and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 4. Pickup and delivery shall be performed at an hourly rate of$ 120,00 for a truck and three(3)workers,including the driver,to load,deliver,and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. Page 18 of 22 S:\DOCUMENT120161PROCUREMENT116-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx OPTION 2—Online Auction By Entity Using Auctioneer's Website with Items Remaining at Entity's Site: Titled Items and Equipment: I. Auctioneering commission for online auctions by Entity using the Auctioneer's website shall be performed for 5% percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer,if any: 5% Miscellaneous Items: 1. Auctioneering commission for online auctions by Entity using the Auctioneer's website shall be performed for 7% percent of the adjusted gross revenue of each auction. 1. Buyer premium to be paid by the successful buyer,if any 5% ******•*******4* Other Pricing Options: Indicate other pricing options offered(i.c.if all or some of the commission could be transferred to the buyer,etc.)(Number each alternate pricing option and attach a separate sheet if necessary immediately following this page in your response): •1%Discount for the agency taking the pictures,inventory and send it to us. •2%Discount for the agency doing everything •Relist any items that received no bids through the On-Line Auction. *Any items that do not receive bids on the second time are to be disposed of by George Gideon Auctioneers,Inc.,with a disposal fee applied to Lake County. "Items that occasionally receive no bids are such as,but not limited to wooden desk,old chairs,outdated office furniture. Page 19 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx ATTACHMENT C ADDENDA LAKE COUNTY FLORIDA OFFICE OF PROCUREMENT SERVICES PHONE: (362)343-9839 315 WEST MAIN STREET,SUITE 441 FAX: 352)343-9473 PO BOX 7800 TAVARES FL 32778-7800 ADDENDUM NO.1 June 24,2016 RFP 16.0625 Auction Services It is the vendor's responsibility to ensure their receipt of all addenda,and to clearly acknowledge all addenda within their initial bid or proposal response.Acknowledgement may be confirmed either by inclusion of a signed copy of this addendum within the proposal response,or by completion and return of the addendum acknowledgement section of the solicitation. Failure to acknowledge each addendum may prevent the bid or proposal from being considered for award. This addendum does twat change the date for receipt of bids or proposals. Questions concerning this RFP are due July 8,2016. The purpose of this addendum is to revise the Pricing Section of the RFP. Vendors are instructed to use the following REVISED PRICING SECTION to submit pricing in their proposal. The following replaces pages 21 through 24 of the RFP document. Acknowledeement of receipt of Addendum: Firm Name: George G' Au•tioneers, Inc _a te: 19,2016 Signature: 4 Title: President Typed/Printed Name: (4 1.1ikrge Gideon Page 20 of 22 S:\DOCUMEN'112016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf docx RFP 16-0625 Addendum 2 Page Two Question 4: What has been the volume of surplus inventory?How many pieces you have sold last year to date, 200?300?What is the volume of cars,trudts&equipment pieces?How much are you disposing with miscellaneous items?I'm trying to get some idea of how much inventory the entities have Answer 4t Please see attached prior surplus lists from Lake County and Lake County School Board that were readiiy available. Per Lake Emergency Management Services(LEMS):Their volume has been approximately 100 per year:2-3 chassis; 2 ice maker;2 pickup bed slides out;pallet of military cots,cardiac monitor and chargers. Question 5. Mixture of inventory,cars,trucks,heavy equipment,miscellaneous items;history of? Answer 5: Per City of Clermont(and similar for Lake County):All of the above including laptops,miscellaneous electronic equipment,bicycles,fire fighter gear,polite equipment,lost and found by local enforcement agency, mowers,water and fuel tanks,wearables,jewelry,etc. Per LEMS: Chassis,medical supplies,fleet maintenance equipment. Question 5: Monthly or annual sales? Answer 6: Periodic as required. owl••,:_ :nt of recei it_of Addend_.:. Firm Name: George Gid n 'on;ers, Inc Date: July 19. 2016 Signature: Title: President Typed/Printed Name: Ge ge Gideon Page 21 of 22 S:\DOCUMENT\2016\PROCUREMENT\16-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdf.docx RFP 16-0625 Addendum 3 Question 17;, Is it required to have a dealer's license in the state of Florida? Answer 17: Yes,if submitting proposed pricing under Options 1A and 18. If only submitting for Option 2,this could be fisted as an Exception. Question 3$; it is not noted under the statement of work but is expressed in the bid that the Auctioneer have a facility for items to be delivered to by the County or transported to by the Vendor,is It safe to say that it is a requirement to have an Auction facility in central Florida for item storage? Answer 18: See answer to question 17, Question 19: Under the requirements for option 1 will a county rep be available for viewing of specialty offsite items for potential bidders? Answer 19: No,under Options IA and 18,the County would not retain any Items at its facilities. All Items would be transported to the vendor's facility. Question 20: Under scope of services option 2,who collects the money?Who handles the title work?Who collects and remits taxes? Answer 20: Auctioneer will collect the money and collect and remit sales taxer,Entity will handle the title work. Question 21: . Can we petition for an increase in commission if the base price index of fuel rises by more than 10%of what It was when the contract is awarded?This will only be to match the increase in cost of fuel and no more. Answer : Yes,awarded flrm(s)may request revisions as noted in question 21,but County and Entities would expect a decrease as well should fuel prices decrease by same. Acknowledgement of receipt of Addendum: Finn Name: George Gt`, -s r Auc 'sneers, Inc Date: July 19. 2016 Signature; Title: President Typed/Printed Name: _e -,•rge Gideon Page 22 of 22 S:\DOCUMENT\2016\PROCUREMENT116-0625 Auction Services\Gideon\16-0025A Auction Services Agreement(Gideon)_LRG 8.10.16.pdfdocx BOARD OF COUNTY COMMISSIONERS LAKE COUNTY,FLORIDA OFFICE OF THE COUNTY MANAGER AGENDA ITEM COVER SHEET DATE: 08/15/2016 MEETING DA ' : 09/13/2016 TO: David Heath, County Manager ITEM TYPE: C. - • - THRU: ITEM ID: 3065 BY: Donna Villinis, Senior Contracting Officer SUBJECT: Auction Services RECOMMENDATION/REQUIRED ACTION: Request approval to award two (2) contracts for auction services under Request for Proposals (RFP) 16-0625, to George Gideon Auctioneers, Inc. (Zellwood, FL) and Garner &Assoc. Auctioneers, Inc. (Bartow, FL). The fiscal impact is unknown as items are disposed of when necessary and the number and value of items varies annually. This is a revenue contract. BACKGROUND SUMMARY: Procurement Services, in conjunction with the Fleet Management Division and participating Purchasing Officials of Lake (POOL) entities, issued Request for Proposal (RFP) 16-0625 to provide for a term and supply contract for the provision of auction services as required in conjunction with the County and Entities needs. As stated in the solicitation, Lake County is serving as the awarding entity for the solicitation. The RFP was fully competed and advertised, and complies with BCC Procurement Policy. Notices were sent to fourteen (14) vendors, three (3) of which are located in Lake County. This solicitation provides for one sixty (60) month term, with no renewal options. Proposals were received from seven (7) vendors as shown on the attached respondents list and pricing summary. An informal review of the proposals was conducted individually by representatives from the Fleet Management and Procurement Divisions. Pricing was requested for three auction options as follows: • Option 1A: Live auctions by vendor at vendor's facility; • Option 1B: Online auction by vendor with items transported to vendor facility; and • Option 2: Online auction by County/Entity using vendor's website with items retained at County/Entity facility. The overall pricing associated with the recommended vendors is competitive with the pricing submitted by the other vendors. Based on the County's needs and in its best interests, the recommendation is to award two (2) contracts - one to George Gideon Auctioneers, Inc. (Zellwood) as primary, having proposed the most advantageous pricing for online auctions (Options 1B and 2) and whose facility is the closest to the County warehouse; and the other to Garner & Assoc. Auctioneers, Inc. (Bartow) as a secondary alternate vendor for online auctions, and primary for live auctions in the event a live auction is desired in the future. (Gideon Auctioneers did not propose pricing for a live auction). Transportation prices are comparable for these two vendors and will not be a factor since Gideon's facility is closer to the County with less travel time. As noted above, this is a revenue contract and the fiscal impact is indefinite as items are disposed of when necessary and the number and value of items varies annually. Note: This action was initiated after the County's Reciprocal Preference Ordinance went into effect. The Ordinance has no impact in this case as no proposals were received from Lake County vendors. Fiscal Impact: Indefinite as items are disposed of when necessary and the number and value of items varies annually. (Revenue) Account No.: Advertised Date: Paper: Attachments: 1. Respondents List 2. Pricing Summary 3. Award Recommendation 4. 16-0625A Contract Document 5. 16-0625B Contract Document STAFF APPROVALS AND DATES: Donna Villinis Created/Initiated - 08/15/2016 Barnett Schwartzman Approved - 08/15/2016 Cathy Vanatta Approved - 08/17/2016 Keith Stevenson Approved - 08/17/2016 Kristian Swenson Approved - 08/18/2016 Jennifer Barker Approved - 08/18/2016 Steve Koontz Approved - 08/26/2016 Melanie Marsh Approved - 08/28/2016 Niki Booth Final Approval - 08/29/2016 ACTION TAKEN BY BOARD: Action: New Continued/Deferred Until: Other: BOARD OF COUNTY COMMISSIONERS LAKE COUNTY, FLORIDA REGULAR MEETING September 13,2016 COUNTY COMMISSIONERS Sean Parks, Chairman David Heath, County Manager Timothy I. Sullivan, District#1 Neil Kelly, Clerk to the Board Jimmy Conner, District#3 Melanie Marsh, County Attorney Leslie Campione, District#4 Welton G. Cadwell, District#5 DISCLAIMER To view upcoming meeting dates and locations, or for more information on upcoming meetings, visit www.lakecountvflkov/bccmeetin2s, or call (352) 343-9888. This booklet has been prepared for the convenience of the Board of County Commissioners in discussing matters before them. Every effort has been made to include all items to be discussed at this Board of County Commissioners meeting; however, Commissioners may add items to the agenda up to 4 days prior to the meeting. They also may remove items from consideration at any time. While it has been the goal to present error-free information,we do not represent that documentation is without errors or omissions. In addition to regular Board meetings, the Board of County Commissioners may, from time to time, schedule a workshop during which they will receive information from staff, have discussions with staff and among themselves, and then proceed to give staff direction on the subject matter being discussed unless otherwise shown on the Agenda item. These discussions and workshops do not take the place of the formal public hearing process during which any member of the public may comment and formal action is taken. The Board and staff welcome written comments prior to workshops and other meetings. If you have comments or questions regarding the subject matter of any Board action or workshop, please deliver your written comments to appropriate County staff or mail to the Board of County Commissioners, Post Office Box 7800, Tavares, FL 32778. Economic Growth Tab 14 Request approval of the School Impact Fee Agreement between Lake County Board of County Commissioners and Shantiniketan-FL, LLC. This agreement will allow the Shantiniketan development, a 55+ age community, to forgo paying School Impact Fees as set forth in Lake County Code Section 22-22. There is no fiscal impact. Commissioner District 3 (within the City limits of Tavares) Tab 15 Request approval to award three (3) contracts for building inspection and plan review services, under Request for Proposal (RFP) 16-0620, to Booth, Ern, Straughan & Hiott, Inc. (Tavares), Universal Engineering Sciences, Inc. (Orlando), and M.T. Causley, LLC (Homestead). The actual annual fiscal impact will be dependent upon needs, but is estimated to be $100,000 (expenditure). Facilities Development and Management Tab 16 Request approval of a Guaranteed Maximum Price (GMP) of $1,095,092.90 and other project related costs and design/construction contingency allowance of $134,509.29 for the project entitled "Lake County Fire Station 14 Construction", and authorize County staff to complete all associated implementing documents. The fiscal impact is $1,229,602.19 (Expenditure). Commission District 5 Tab 17 Request approval to award contracts for As-Needed Repair Services for Lake County Vehicles and Operating Equipment under Invitation to Bid (ITB) 16-0615, and authorize the Procurement Office to complete all supporting documentation. The annual fiscal impact is estimated to be $600,000 (Expenditure). F ¢ . t,Administrative Services Tab 18 Request approval to award two (2) contracts for auction services under Request for Proposals (RFP) 16-0625, to George Gideon Auctioneers, Inc. (Zellwood, FL) and Garner & Assoc. Auctioneers, Inc. (Bartow, FL). The fiscal impact is unknown as items are disposed of when necessary and the number and value of items varies annually. This is a revenue contract. Tolbert, Joyce From: Villinis, Donna <dvillinis @lakecountyfl.gov> Sent: Tuesday, September 13, 2016 10:19 AM To: Tolbert, Joyce Cc: Anthony, Vanessa Subject: RE: Gideon Lake County Auction Services Contract He said it was approved. ° V. " i -(C-(1 ] )41-1) I won't have the executed/signed contract for perhaps a week or so—it usually takes at least a week to get to me. Thank you, Donna From: Tolbert, Joyce [mailto:jtolbert@ci.ocoee.fl.us] Sent: Tuesday, September 13, 2016 9:34 AM To: Villinis, Donna Cc: Anthony, Vanessa Subject: RE: Gideon Lake County Auction Services Contract Could you confirm that Gideon Auctioneers' contract was approved by your Board this morning? Thank you, Joyce ToChert, CPPB Purchasing Agent i 1 ..o(-( rp�.aa Finance Department 150 N Lakeshore Dr. Ocoee, FL 34761 407-905-3100 9-1516 407-905-3194 http://www.ocoee.org/323/Purchasing r Go Green:Please consider the environment before printing this email. PLEASE NOTE:Florida has a very broad public record law.Most written communications to or from City officials regarding City business are public records,available to the public and media upon request.Under Florida law,e-mail addresses are public records. From: Villinis, Donna [mailto:dvillinis@ lakecountvfl.gov] Sent: Monday, August 29, 2016 12:36 PM To: Tolbert, Joyce Cc: Anthony, Vanessa Subject: RE: Gideon Lake County Auction Services Contract 1 The contract is pending approval by our board on Sept. 13, 2016. It will be posted to our website once the contract is executed by the Chairman at http://www.lakecountyfl.gov/departments/fiscal and administrative services/procurement services/term and supply .aspx _yr Section 3.13 of the RFP at allows for piggy-backing of the contract. The RFP can be found at http://www.lakecountyfl.Rov/departments/fiscal and administrative services/procurement services/bid details.aspx? bid number=16-0625, Thank you. Sincerely, Donna G. Villinis, CPPB Senior Contracting Officer Lake County BCC Office of Procurement Services 315 West Main Street Tavares FL 32778 Phone: 352-343-9765 Please Note: Florida has a very broad public records law. Most written communication to or from government officials regarding government/public business is public record and available to the public and media upon request. Your email communications may be subject to public disclosure. From: Tolbert, Joyce [mailto:jtolbert@ ci.ocoee.fl.us] Sent: Monday, August 29, 2016 12:32 PM To: Villinis, Donna Cc: Anthony, Vanessa Subject: Gideon Lake County Auction Services Contract Good afternoon, Donna: Could we get a copy of the contract between Lake County and George Gideon Auctioneers#16-0625 as Gideon is referencing this RFP in his contract with the City. Also, please respond with your permission for the City of Ocoee to piggyback per the RFP "Other governmental entities may participate under the agreement with the permission of the County and the vendor". Thanks in advance. Joyce Ththert, CPPB Purchasing Agent OUP0 rl(?`:) Finance Department 150 N Lakeshore Dr. Ocoee, FL 34761 407-905-3100 9-1516 2 Details for Bid: Page 1 of 2 Residents Visitors !; Business Government Departments V How Do i... V Calendar:Directory of Services:Online Services:Contact Us:ADA&Nondiscrimination:Register:Login You are here:Home >Departments>Fiscal And Administrative Services>Procurement Services>Bid Details t� Keyword Search Details for Bid Number: 16-0625 glIPrint e/Save Link g° The County may issue changes(addendum)to the solicitation documents. Proposers are Procurement Services responsible for checking this site for any addendum prior to submitting their proposals. Proposals Procurement Services Home that do not acknowledge the addenda may be rejected.Addendum and another other electronic documents can be found under the"Bid Documents"section. For questions concerning this Register as a Vendor project, please contact the Contracting Officer listed below by e-mail or telephone. Current Formal Solicitations Current Informal Solicitations View Term&Supply Agreements Bid/RFP Number: 16-0625 General Information Disadvantaged Business Response Deadline: 7/19/2016 3:00:00 PM Enterprise(DBE)Program Vendor Information Project Title:Auction Services /- i �„ POOL Web site ✓ s / - f i-, i Customer Survey Status: Recommendation(8/4/2016 7:09:54 AM)to: qty/,,, Gideon Auctioneers; and Garner&Assoc.Auctioneers Contact Procurement Services Fiscal&Administrative Services Department: Procurement Services Home Project Description:The purpose of this solicitation is to establish a contract with a qualified firm Citizen Action Request to provide auctioneering services on behalf of the below named entities,all members of the Send a request through the Purchasing Officials of Lake County(hereafter"POOL"),to dispose of surplus property in Citizen Action Request Line conjunction with the needs of said entities.Surplus property may include, but is not limited to, vehicles,trucks,fire apparatus,fleet operating equipment, office and computer equipment,and furniture. Items to be auctioned shall be sold in their entirety,"as is", "where is",with no warranties General Information expressed or implied,with removal of purchased items being the responsibility of the successful Lake County BCC buyer. See Section 2, Statement of Work,for additional information with regard to the services to 315 West Main St. be performed. POOL Members:Awarding Entity: Lake County, Florida Board of County P.O.Box 7800 Commissioners(hereafter"County"); Participating Entities: Lake County BCC, Lake EMS,the Tavares,Florida 32778 Lake County School Board,the Lake County Sheriffs Office,the Towns of Astatula and Lady Lake, and the Cities of Clermont, Eustis, Leesburg, Mount Dora, and Tavares Florida(hereafter Disclaimer:Contact Us "Entity(ies)"). Other governmental entities may participate under the agreement with the permission of the County and the vendor.The County is acting as"Solicitation Agent"for the identified entities and shall not be held liable for any costs, damages,etc. incurred by any party to any agreement between the vendor and an Entity arising from services rendered as a result of this solicitation. By utilizing this solicitation,the Entity(ies)shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of services rendered to said Entity(ies).The County maintains the sole authority to modify the contract in response to the needs of the Entity(ies).Award will be made by the POOL members collectively. Each entity will issue its own requests for service throughout the contract period as individual needs are determined. Each entity will be paid separately by the awarded vendor.As Solicitation Agent for this invitation to bid, Lake County shall be responsible for responding to questions and inquiries relating to the specifications or other provisions of the bid request as well as the evaluation of proposals, or subsequent contractual matters including failure to comply with the contact or specifications.Any other issues for which Lake County has no control, should not be accountable for, or be required to resolve,such as violations of the contractual conditions by other participating entities, shall be resolved between the other participating entity and the vendor. Preconference:July 7,2016 at 2:00 p.m.-See Section 1.4 Contracting Officer: Donna Villinis Officer Email:dvillinislakecountyfl.qov Officer Phone:(352)343-9765 https://www.lakecountyfl.gov/departments/fiscal_and_administrative_servic... 8/29/2016 Details for Bid: Page 2 of 2 I Translate Agenda Item Number: Special Notes:This is a P.O.O.L. (Purchasing Officials of Lake)solicitation.There are no guarantees that the entities noted below will participate. However, no bid shall be considered unless all entities are contemplated by the bidder.The County is acting as'Solicitation Agent and will award and administer the solicitation including any resulting contract. P.O.O.L. (Purchasing Officials of Lake)entities include the Lake County Board of County Commissioners, Lake County School Board, Lake County Sheriffs Office, Lake Sumter Emergency Medical Services, Lake County Water Authority,Cities of Clermont, Eustis, Fruitland Park, Groveland, Leesburg, Mascotte, Minneola, Mount Dora,Tavares, Umatilla and the Towns of Astatula, Lady Lake and Montverde. To see the P.O.O.L.website for additional solicitations, please see the below link: View POOL Solications Commodity Code(s): • AUCTIONEER SERVICES(973-100) Bid Documents: • Addendum 1 • Addendum 2 • Addendum 3 • Pricing Summary • Request for Proposals • Respondents List el Get # AWOL READER' Download Adobe Reader Submitting a Downloaded Bid Request After downloading and completing the solicitation document(s), submit the original and the required number of copies in a sealed,envelope/package to Procurement Services.The envelope must include the project number,the closing date, and the proposer's name and address.A proposal submitted by telephone, fax or electronically will not be considered for award.The proposal package must be received and time-stamped in Procurement Services on or before the closing date and time.When applicable, amendments to this project will also be posted at this site. Refer to the solicitation document for complete instructions. 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Z 4 C, 00 "' u2°i, c c I/Ii c c L r 0 o t r 0 0 c w 0 3 c w n 2° o 0 0 0�i ° °- o o ai u .n Y, � o aci '^ o v E -o +,< w u E -oo Lu < > >-2 CI > > Q o 0. ; 0. 3 y -o m E C -o 3 > N g� T C g ' w ° - T E >o o o o o o o . 0 0 y ' v m :- > Vi IA .-e c t G w o E o m 4 N t C W z4: rl 0.N oc E v u 9 d Lo h N N C C O O O 0 O O < O OP N to d N •. r`', m m c c W C .o- W C O `I.-, v a -. C a O d 8- d O 0 N u o cm N u o E ' m 1 0 a L a 1 p a L > o o rq 0 y z ni 0 E Z c O. in = 0• 0 0) w 0 0) O ¢ 0 Q < > > 1 A d C N O G c c z o `o O ; C C•i. .. w LLS a d C_, a .0 .. u 0 w 0 0 .. .= .0 .0 O a~ci 1± E m a Co .0 W 0. C v .. c 0 t' .0 W 0 0. Al 00 00. E ob ° p'' E E o w « E E w, c 7 N' v00 0) E N o 2O. 1, W E vn Z, -2 3 a m 3 Q '- c O''d E8 v < u E v w < Y 0. VW- LAKE COUNTY FLORIDA Purchasing Officials of Lake (POOL) Entities REQUEST FOR PROPOSAL (RFP) Auction Services RFP Number: 16-0625 Contracting Officer: D. Villinis Pre-Proposal Proposal Due Date: July 19, 2016 Conference Date: July 7, 2016 Proposal Due Time: 3:00 p.m. RFP Issue Date: June 23,2016 SECTION 1: Special Terms and Conditions 2 SECTION 2: Statement of Work 13 SECTION 3: General Terms and Conditions 16 SECTION 4: Pricing/Certifications/Signatures 20 SECTION 5: Attachments 25 Niien.:1076)-0i171 if ' 111 7:57t71-7: 27i, Proposal and/or Performance Bond: Not applicable for this solicitation Certificate of Competency/License: Section 1.13 Indemnification/Insurance: Section 1.8 Pre-Proposal Conference: Section 1.4 At the date and time specified above, all proposals that have been received in a timely manner will be opened, recorded, and accepted for consideration. The names of the vendors submitting proposals will be read aloud and recorded. The proposals will be available for inspection during normal business hours in the Office of Procurement Services thirty (30) calendar days after the due date. When counter- signed by an authorized County representative, this document and any specifically identified attachments may form the contract document binding the parties to all performance specified herein. Vendors shall complete and return the entirety of this RFP, and attach all other information requested in this RFP (see Provision 1.13). Failure to sign the proposal response, or to submit the proposal response by the specified time and date,may be cause for rejection of the proposal. NO-RESPONSE REPLY If any vendor does not want to respond to this solicitation at this time, or, would like to be removed from Lake County's Vendor List,please mark the appropriate space,complete name below and return this page only. ❑ Not interested at this time; keep our firm on Lake County's Vendors List for future solicitations for this product/service n Please remove our firm from Lake County's Vendor's List for this product/service. VENDOR IDENTIFICATION Company Name: Phone Number: E-mail Address: Contact Person: SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Section 1.1: Purpose The purpose of this solicitation is to establish a contract with a qualified firm to provide auctioneering services on behalf of the below named entities, all members of the Purchasing Officials of Lake County (hereafter "POOL"), to dispose of surplus property in conjunction with the needs of said entities. Surplus property may include, but is not limited to, vehicles, trucks, fire apparatus, fleet operating equipment, office and computer equipment, and furniture. Items to be auctioned shall be sold in their entirety, "as is", "where is", with no warranties expressed or implied, with removal of purchased items being the responsibility of the successful buyer. See Section 2, Statement of Work, for additional information with regard to the services to be performed. POOL Members: Awarding Entity: Lake County, Florida Board of County Commissioners (hereafter "County"); Participating Entities: Lake County BCC, Lake EMS, the Lake County School Board, the Lake County Sheriff's Office, the Towns of Astatula and Lady Lake, and the Cities of Clermont, Eustis, Leesburg, Mount Dora, and Tavares Florida (hereafter "Entity(ies)"). Other governmental entities may participate under the agreement with the permission of the County and the vendor. The County is acting as "Solicitation Agent" for the identified entities and shall not be held liable for any costs, damages, etc. incurred by any party to any agreement between the vendor and an Entity arising from services rendered as a result of this solicitation. By utilizing this solicitation, the Entity(ies) shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of services rendered to said Entity(ies). The County maintains the sole authority to modify the contract in response to the needs of the Entity(ies). Award will be made by the POOL members collectively. Each entity will issue its own requests for service throughout the contract period as individual needs are determined. Each entity will be paid separately by the awarded vendor. As Solicitation Agent for this invitation to bid, Lake County shall be responsible for responding to questions and inquiries relating to the specifications or other provisions of the bid request as well as the evaluation of proposals, or subsequent contractual matters including failure to comply with the contact or specifications. Any other issues for which Lake County has no control, should not be accountable for, or be required to resolve, such as violations of the contractual conditions by other participating entities, shall be resolved between the other participating entity and the vendor. Section 1.2: Designated Procurement Representative Questions concerning any portion of this solicitation shall be directed in writing [fax and e-mail accepted] to the below named individual who shall be the official point of contact for this solicitation. To ensure reply, questions should be submitted no later than seven (7) working days before the proposal due date. 2 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Donna Villinis, CPPB, Senior Contracting Officer Lake County BCC Office of Procurement Services 315 W. Main Street, Room 441 PO BOX 7800 Tavares, FL 32778-7800 Phone : 352-343-9839 Fax : 352-343-9473 E-mail: dvillinis @lakecountyfl.gov No answers given in response to questions submitted shall be binding upon this solicitation unless released in writing as an addendum to the solicitation by the Lake County Office of Procurement Services. Section 1.3: Method of Award Award will be made to the vendor who submits a complete proposal that is judged to provide the best overall value to the County. Proposals will be evaluated based upon the following criteria, which are listed in order of descending importance: 1. Qualifications and experience of the auctioneer and staff 2. Proposed pricing, commission and fees. 3. Marketing/advertising program. 4. Number of registered online bidders (include information in proposal). 5. Past sales amounts for similar equipment(see Attachment 3). 6. Adequacy and location of storage facility where items will be stored (see Section 2, Statement of Work, Option 1). 7. Sales reports (submit sample in proposal). 8. Reports from direct and indirect references. 9. Responsiveness and completeness of the written proposal to the RFP instructions and requirements. Section 1.4: Pre-Proposal Conference A non-mandatory pre-proposal conference will be held on July 7, 2016 at 2:00 p.m. in the Human Resources Conference Room, room number 430, County Administration Building, 315 West Main Street, Tavares, Florida to discuss the special conditions and specifications included within this solicitation. Vendors are requested to bring this solicitation document to the conference, as additional copies will not be available. Section 1.5: Term of Contract This contract shall commence on the first calendar day of the month succeeding approval of the contract by the Board of County Commissioners, or designee, unless otherwise stipulated in the Notice of Award Letter distributed by the County's Office of Procurement Services; and 3 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 contingent upon the completion and submittal of all required pre-award documents. The initial contract term shall be sixty (60) months. The contract prices resultant from this solicitation shall prevail for the full duration of the initial contract term unless otherwise indicated elsewhere in this document. Section 1.6: Option to Renew Not applicable for this solicitation. Section 1.6.1: Price Redetermination -Fuel If the below-identified price index for fuel (gas and/or diesel as applicable to the vendor's operation) increases by ten percent (10%) or more from the base index as defined below, the vendor may petition the Procurement Services Manager in writing for an appropriate increase in the contract price(s). Any increase in the contract price(s) will be applied considering the relation of fuel cost to the contractor's total cost for the contracted product or service. Any price re-determination will be solely based upon the percentage change between the base index and the current month index as documented by the: State of Florida Department of Management Services http://www.dms.m.yflorida.com/business operations/state purchasing/vendor information/st ate contracts agreements and price lists/state_term contracts/bulk fuel gasoline and dies el for unleaded gas, Florida PAD 1, Orlando The base index will be the index number for the month prior to the due date of the solicitation. The current month index will be the last month's index published before the request for a price re-determination is made. The vendor shall provide (in writing) a cost analysis as described below for each contract price for which the vendor is requesting adjustment. This analysis must include the percentage increase calculation between the base and current month indices; a clear and detailed representation of the fuel cost component of any contract price for which an adjustment is requested; and a calculation showing the original contract price, the requested adjustment, and the proposed revised price. As an example: if the fuel index increases by twelve percent (12%) and the fuel cost accounts for ten percent (10%) of the cost of the product or service, then the contract price may be increased by 1.2 % (0.12 * 0.10)]. The vendor may submit additional clarifying or justifying information for the County's consideration. Failure to provide sufficient detail in the manner described above shall result in rejection of the vendor's request for pricing adjustment. If the Procurement Services Manager grants any increase in any contract price based upon this clause, the increased price(s) may be adjusted downward on a unilateral basis by the County if the fuel index(es) used to support any previous increase then decrease by ten percent (10%) or more. Any such decrease will be based on the calculations submitted by the vendor pertaining to any previous price increase. 4 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 This clause may be used in addition to any other price redetermination clause in this invitation/contract. Section 1.7: Method of Payment This shall be a revenue generating contract. The vendor shall receive paid commission from the contracting Entity as offered in the Pricing Section in Section 4 of this RFP. The vendor shall remit the auction proceeds to the Entity within fourteen (14) business days after the auction closing date. Any fees owed the vendor shall be deducted from the amount remitted to the Entity. Section 1.8: Insurance Each vendor shall include in its solicitation response package proof of insurance capabilities, including but not limited to, the following requirements: [This does not mean that the vendor must have the coverage prior to submittal, but, that the coverage must be in effect prior to a purchase order or contract being executed by the County.] An original certificate of insurance, indicating that the awarded vendor has coverage in accordance with the requirements of this section, shall be furnished by the vendor to the Contracting Officer within five (5) working days of such request and must be received and accepted by the County prior to contract execution and/or before any work begins. The vendor shall provide and maintain at all times during the term of any contract, without cost or expense to the County, policies of insurance, with a company or companies authorized to do business in the State of Florida, and which are acceptable to the County, insuring the vendor against any and all claims, demands or causes of action whatsoever, for injuries received or damage to property relating to the performance of duties, services and/or obligations of the vendor under the terms and provisions of the contract. The vendor is responsible for timely provision of certificate(s) of insurance to the County at the certificate holder address evidencing conformance with the contract requirements at all times throughout the term of the contract. Such policies of insurance, and confirming certificates of insurance, shall insure the vendor is in accordance with the following minimum limits: General Liability insurance on forms no more restrictive than the latest edition of the Occurrence Form Commercial General Liability policy (CG 00 01) of the Insurance Services Office or equivalent without restrictive endorsements, with the following minimum limits and coverage: Each Occurrence/General Aggregate $1,000,000/2,000,000 Products-Completed Operations $2,000,000 Personal &Adv. Injury $1,000,000 Fire Damage $50,000 Medical Expense $5,000 Contractual Liability Included 5 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Automobile liability insurance, including owned, non-owned, and hired autos with the following minimum limits and coverage: Combined Single Limit $1,000,000 Workers' compensation insurance based on proper reporting of classification codes and payroll amounts in accordance with Chapter 440, Florida Statutes, and/or any other applicable law requiring workers' compensation (Federal, maritime, etc.). If not required by law to maintain workers compensation insurance, the vendor must provide a notarized statement that if he or she is injured; he or she will not hold the County responsible for any payment or compensation. Employers Liability insurance with the following minimum limits and coverage: Each Accident $1,000,000 Disease-Each Employee $1,000,000 Disease-Policy Limit $1,000,000 Professional liability and/or specialty insurance (medical malpractice, engineers, architect, consultant, environmental, pollution, errors and omissions, etc.) insurance as applicable, with minimum limits of$1,000,000 and annual aggregate of$2,000,000. The following additional coverage must be provided if a dollar value is inserted below: Loss of Use at coverage value: $ Garage Keepers Liability at coverage value: $ Lake County, a Political Subdivision of the State of Florida, and the Board of County Commissioners, shall be named as additional insured as their interest may appear on all applicable liability insurance policies. The certificate(s) of insurance, shall provide for a minimum of thirty (30) days prior written notice to the County of any change, cancellation, or nonrenewal of the provided insurance. It is the vendor's specific responsibility to ensure that any such notice is provided within the stated timeframe to the certificate holder. If it is not possible for the Vendor to certify compliance, on the certificate of insurance, with all of the above requirements, then the Vendor is required to provide a copy of the actual policy endorsement(s)providing the required coverage and notification provisions. Certificate(s) of insurance shall identify the applicable solicitation (ITB/RFP/RFQ) number in the Description of Operations section of the Certificate. Certificate holder shall be: LAKE COUNTY,A POLITICAL SUBDIVISION OF THE STA FE OF FLORIDA AND THE BOARD OF COUNTY COMMISSIONERS P.O. BOX 7800 6 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 TAVARES, FL 32778-7800 Certificates of insurance shall evidence a waiver of subrogation in favor of the County, that coverage shall be primary and noncontributory, and that each evidenced policy includes a Cross Liability or Severability of Interests provision, with no requirement of premium payment by the County. The Vendor shall be responsible for subcontractors and their insurance. Subcontractors are to provide certificates of insurance to the prime vendor evidencing coverage and terms in accordance with the Vendor's requirements. All self-insured retentions shall appear on the certificate(s) and shall be subject to approval by the County. At the option of the County, the insurer shall reduce or eliminate such self-insured retentions, or the vendor or subcontractor shall be required to procure a bond guaranteeing payment of losses and related claims expenses. The County shall be exempt from, and in no way liable for, any sums of money, which may represent a deductible or self-insured retention in any insurance policy. The payment of such deductible or self-insured retention shall be the sole responsibility of the vendor and/or subcontractor providing such insurance. Failure to obtain and maintain such insurance as set out above will be considered a breach of contract and may result in termination of the contract for default. Neither approval by the County of any insurance supplied by the vendor or Subcontractor(s), nor a failure to disapprove that insurance, shall relieve the vendor or Subcontractor(s) of full responsibility for liability, damages, and accidents as set forth herein. Note: The selected vendor shall provide a separate Certificate of Insurance (COI) that complies with the requirements stated above to each participating entity citing that entity as a certificate holder. Participating entities will request a COI from awarded vendor when needed. Section 1.9: Bonding Requirements Not applicable to this solicitation. Section 1.10: Delivery of Solicitation Response Unless a package is delivered by the vendor in person, all incoming mail from the U.S. Postal Service and any package delivered by a third party delivery organization (FedEx, UPS, DHL, private courier, etc.) will be opened for security and contamination inspection by the Lake County Clerk of the Circuit Court Mail Receiving Center in an off-site secure controlled facility prior to delivery to any Lake County Government facility, which includes the Lake County Office of Procurement Services. To be considered for award, a bid or proposal must be received and accepted in the Office of 7 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Procurement Services prior to the date and time established within the solicitation. A response will not be considered for award if received in the Office of Procurement Services after the official due date and time regardless of when or how it was received by the Lake County Clerk of Court Mail Receiving Center. Allow sufficient time for transportation and inspection. Each package shall be clearly marked with the applicable solicitation number,title, and company name. Ensure that your bid or proposal is securely sealed in an opaque envelope/package to provide confidentiality of the bid or proposal prior to the due date of the solicitation. If you plan on submitting your bid or proposal IN PERSON, please bring it to: LAKE COUNTY PROCUREMENT SERVICES 315 W. MAIN STREET 4TH FLOOR, ROOM 441 TAVARES, FLORIDA If you submit your bid or proposal by the UNITED STATES POSTAL SERVICE (USPS), please mail it to: LAKE COUNTY PROCUREMENT SERVICES PO BOX 7800 TAVARES, FL 32778-7800 If you submit your bid or proposal by a THIRD PARTY CARRIER such as FedEx, UPS, or a private courier,please send it to: LAKE COUNTY PROCUREMENT SERVICES MAIL RECEIVING CENTER 32400 COUNTY ROAD 473 LEESBURG, FL 34788 Facsimile (fax) or electronic submissions (e-mail) will not be accepted. Section 1.11: Proposal Completion Requirements One (1) original, two (2) complete copies, plus a copy on CD or flash drive of the proposal shall be delivered to the Office of Procurement Services no later than the official due date and time. Please ensure that the vendor name and RFP number (14-0625) are on exterior of the CD/jump drive. Any proposal received after this time will not be considered and will be returned unopened to the submitter. The County is not liable or responsible for any costs incurred by any firm in responding to this RFP including, without limitation, costs for product and/or service demonstrations if requested. When you submit your proposal, you are making a binding offer to the County and are agreeing to all of the terms and conditions in this RFP. Use only the form(s) provided in this document. If you make any change to the content or format of any form, the County may disqualify your 8 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 offer. All information shall be legible and either written in ink or typewritten/printed. If you make a correction or change on any document, the person signing the proposal must initial the change. The proposal shall be manually signed in BLUE INK by an official authorized to legally bind the bidder to its provisions. Specific Completion Directions: Vendor shall submit this entire RFP document with entries completed as noted: ➢ Pricing shall be completed as directed within Section 4. ➢ Initial and date in blue ink the appropriate space(s) for each addendum for this ITB. ➢ Complete all certifications included within Section 4 of the solicitation and sign in blue ink. Proposal must be signed in the certification box in Section 4. ➢ Complete the Reference Form (Attachment 1). ➢ Complete the Vendor Profile Form (Attachment 2). Include brief resumes for the personnel that would be assigned to perform work under the contract. ➢ Complete the Sample Surplus Equipment List (Attachment 3) by providing past sales amounts for equipment similar to the listed items. Vendor shall also include the following items within its initial proposal: ➢ At the front of the proposal, prior to the RFP document, include a statement of interest on company letterhead that includes the following: • The type of auction services the vendor is proposing (i.e. live auctions at vendor facility only, online auctions only, either/or, etc.) • A description of the advertising/marketing plan used by the firm to notify potential bidders of the auction. • Address and information regarding the firm's facility where items will be stored. • Information about the technical and non-technical support features of online auction software/system used by the firm. • Detailed information regarding the current number of registered online bidders for the vendor's website. Please use bullet points (similar to above) in the statement of interest letter for each item above for clarity. ➢ At the back of the proposal, following the last page of the RFP document, include: • Sample sales report(s) as noted in Section 1.3 (at the back of the proposal). • All applicable certifications/licensure copies (at the back of the proposal). • Evidence of insurability compliant with the requirements set forth in Section 1.8 of this solicitation. 9 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 The County reserves the right to accept receipt of one or more of these documents after initial submission of bids if such action serves the best interests of the County. Section 1.12: Addition or Deletion of Entities/Locations Although this solicitation identifies specific entities and/or locations to be serviced, it is hereby agreed and understood that other entities or locations may be added to or deleted from this contract at the option of the County. Section 1.13: Certificate of Competency/Licensure,Permits, and Fees Any person, firm, corporation or joint venture that submits an offer in response to a County solicitation shall, at the time of such offer, hold a valid Certificate of Competency or appropriate current license issued by the State or County Examining Board qualifying said person, firm, corporation or joint venture to perform the work proposed. If work for other trades is required in conjunction with this solicitation and will be performed by a sub-contractor(s) or vendor(s) hired by the prime/responding vendor, an applicable Certificate of Competency/license issued to the sub-contractor(s)/hired vendor(s) shall be submitted with the prime/responding vendor's offer; provided, however, that the County may at its option and in its best interest allow the prime/responding vendor to supply the subcontractor(s)/hired vendor(s) certificate/license to the County during the offer evaluation period. The prime/responding vendor is responsible to ensure that all required licenses, permits, and fees (to include any inspection fees) required for this project are obtained and paid for, and shall comply with all laws, ordinances, regulations, and building or other code requirements applicable to the work contemplated herein. Damages, penalties, and/or fines imposed on the County or the vendor for failure to obtain required licenses, permits, inspection or other fees, or inspections shall be borne by the vendor. Section 1.14: Competency of Vendor/Subcontractors The County may elect to conduct a pre-award inspection of the vendor's facility during the offer evaluation process. Offers will be considered only from firms which are regularly engaged in the business of providing the services as described in the solicitation, and who can produce evidence that they have a consistent satisfactory record of performance. Vendors must demonstrate that they have sufficient financial support and organization to ensure that they can satisfactorily execute the contract if awarded under the terms and conditions herein stated. In the event that the vendor intends to subcontract any part of its work to another vendor, the vendor may be required to verify the competency of its subcontractor. The County reserves the right, before awarding the contract, to require a vendor to submit such evidence of its qualifications and the qualifications of its subcontractor as it may deem necessary. The County may consider any evidence available to it of the financial, technical and other qualifications and abilities of any vendor responding hereunder, including past performance with the County, in determining vendor responsibility for the purposes of selecting a vendor for contract award. 10 SECTION 1 —SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Section 1.15: Omission from the Specifications The apparent silence of this specification and any addendum regarding any details, or the omission from the specification of a detailed description concerning any point, shall be regarded as meaning that only the best commercial practices are to prevail, and that only materials and workmanship of first quality are to be used. All interpretations of this specification shall be made upon the basis of this agreement. Section 1.16: Presentations/Post-Discussions After Initial Bid/Proposal Response A. The County, at its sole discretion, may ask any proposer to make an oral presentation and/or service demonstration without charge to the County. The County reserves the right to require any proposer to demonstrate to the satisfaction of the County that the proposer has the fiscal and technical ability to furnish the services as proposed. The demonstration must satisfy the County, and the County shall be the sole judge of compliance. B. The County may commence contract negotiations in accordance with the Method of Award provision specified elsewhere within this RFP. The County reserves the right to conduct discussions with any proposer(s) which have a realistic possibility of contract award to include any request for additional information, and any request for "best and final" offers. C. Proposers are cautioned not to assume that they will be asked to make a presentation or asked for a "best and final" offer and should include all pertinent and required information in their original proposal package. Section 1.17: Risk of Loss The vendor assumes the risk of loss of damage to the County's property during possession of such property by the vendor, and until delivery to, and acceptance of, that property to the successful bidder. The vendor shall immediately repair, replace or make good on the loss or damage without cost to the County, whether the loss or damage results from acts or omissions (negligent or not) of the vendor or a third party. The vendor shall indemnify and hold the County harmless from any and all claims, liability, losses and causes of action which may arise out of the fulfillment of this contract. The vendor shall pay all claims and losses of any nature whatsoever in connection therewith, and shall defend all suits, in the name of the County when applicable, and shall pay all costs and judgments which may issue thereon. 11 SECTION 1—SPECIAL TERMS AND CONDITIONS RFP Number: 16-0625 Section 1.18: Special Notice to Vendors Regarding Federal and/or State Requirements Upon award of a contract resulting from this solicitation, the vendor shall utilize the U.S. Department of Homeland Security's E-Verify system in accordance with the terms governing use of the system to confirm the employment eligibility of: 1) All persons employed by the vendor during the term of the contract to perform employment duties within Lake County; and 2) All persons, including subcontractors, assigned by the vendor to perform work pursuant to the contract. 12 SECTION 2—STATEMENT OF WORK RFP Number: 16-0625 STATEMENT OF WORK GENERAL REQUIREMENTS: The auctioneer shall: • Be licensed and bonded by the State of Florida. Please provide current license information in your proposal. The auctioneer must notify the County immediately if at any time during the contract term the auctioneer is not licensed. • Be licensed to sell titled vehicles in the State of Florida and will be responsible for title transfers and all vehicle sale requirements by the State of Florida. • Collect and pay all sales taxes to the State of Florida. • Perform all customary clerical tasks relating to conducting an auction including, but not limited to, presale advertising/marketing, consolidation and arrangement of items in the best sale order, tagging and assigning lot numbers, registering bidders, conducting and monitoring the auction, selling and disposing of unsold items, financial record-keeping of all sales transactions and moneys, issuing receipts for payments. • Keep records of all financial matters pertaining to the online auctions in accordance with generally accepted accounting principles. The financial records shall be made available to representatives of the County or any other governmental agency with jurisdiction for audit, as such reasonable times and places as the County shall designate. • With regard to online auctions, the auctioneer shall provide and maintain the software utilized that includes inventory control and all aspects of asset disposal pertaining to online auction process. • Have considerable knowledge of the advertising media in prospective markets and have demonstrated municipal/governmental experience. • Provide the Entity with complete records of all transactions, including an itemized report of sale that includes identification of each item sold, name and contact information of the successful bidder (at a minimum, a valid mailing address), and the sale amount. • Provide the County with a sales reconciliation report that includes gross sale proceeds, auction expenses, and net amount due to the County. • Remit proceeds to the County within fourteen (14)business days of the auction. • Provide training and instruction to County staff pertaining to the implementation of the auction process at no cost upon request. 13 SECTION 2—STATEMENT OF WORK RFP Number: 16-0625 SCOPE OF SERVICES—OPTION 1: Under Option 1A, the auctioneer shall pick up and transport items to its facility and conduct a live auction at the auctioneer's facility. Under Option 1B, the auctioneer shall pick up and transport items to its facility and conduct an online auction. Requirements for Option 1: • For live auctions, which shall be performed at the auctioneer's facility, the auctioneer shall use its own staff for all aspects of the sale, including conducting the auction and managing all administrative and accounting tasks related to the auction. • The auctioneer must have a secure storage area in which to store surplus items picked up from the Entity while items are in the possession of auctioneer before and during auctions and until the successful buyer retrieves the item(s). The auctioneer shall make all arrangements for interested bidders to view the items when requested. The County may tour and inspect the auctioneer's site prior to contract award. • Services under the contract shall include transportation of all surplus vehicles, equipment and miscellaneous items from designated locations to the auctioneer's facility. The auctioneer will pick up all items designated for auction within fifteen (15) days from request by Entity staff. The auctioneer shall be responsible for loading and transportation of all items. The auctioneer must accept all items designated as surplus by the Entity. The auctioneer will not be allowed to select items to auction. • Designated Lake County locations for pickup of items are: Facilities Warehouse, 32400 CR 473, Leesburg (palleted items such as computer/office equipment, furniture, etc.), and Fleet Maintenance, 20423 Independence Blvd., Groveland (vehicles and large equipment). The County reserves the right to add pickup locations if needed. Lake County Schools designated location for pickup of items is 512 South Palm Avenue, Howey-In-The-Hills, Florida 34737. Designated pickup locations for other Entities will be given to the selected vendor(s) upon contract award for those entities participating in Option 1. • The auctioneer must obtain direction from the Entity regarding the disposition of items not sold. The Entity shall provide such disposition in writing; electronic mail is acceptable. All costs associated with the disposition of unsold items will be the auctioneer's responsibility. The County encourages the auctioneer to dispose of all unsold items in a responsible manner by recycling any materials possible. • In the event there are items too difficult or impossible to transport to the auctioneer's facility, these items would remain at the Entity's location. Auctioneer will be required to take pictures at the Entity's site to upload to an online auction. Interested buyers would be required to make prior arrangements through the auctioneer to view these items at the 14 SECTION 2—STATEMENT OF WORK RFP Number: 16-0625 Entity location, and the item(s) would still be sold "as is", "where is", with no warranties expressed or implied, with removal of purchased items being the responsibility of the successful buyer. SCOPE OF SERVICES—OPTION 2: Under Option 2, the auctioneer shall provide a website for online auctions, whereby the Entity shall upload items to the vendor's auction site, while retaining items at its own facility. Under Option 2, the auctioneer shall: • Provide and maintain the software utilized that includes inventory control and all aspects of asset disposal pertaining to online auction process. • Be experienced at auctioning via the internet, have considerable knowledge of the advertising media in prospective markets and must have demonstrated municipal/governmental experience. • Provide information about the technical and non-technical support features of your online site and include information about the following: ✓ Training ✓ Technical Support/Help Desk ✓ Maintenance ✓ Account Representatives • Provide training and instruction to Entities pertaining to the implementation of the online auction process at no cost. • Provide real-time monitoring of the auction progress. • All items sold at auction will be sold "AS IS, WHERE IS". The Entity will not warrant condition, merchantability or fitness of items 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. 15 • SECTION 3-GENERAL TERMS AND CONDITIONS RFP Number: 16-0625 3.1 DEFINITIONS provisions, or requirements of the solicitation. The proposer Addenda:A written change to a solicitation. should not rely on any representation, statement or explanation Contract: The agreement to perform the services set forth in this whether written or verbal,other than those made in this solicitation document signed by both parties with any addenda and other document or in any addenda issued. Where there appears to be a • attachments specifically incorporated. conflict between this solicitation and any addenda, the last Contractor: The vendor to whom award has been made. addendum issued shall prevail. It is the proposer's responsibility County: Shall refer to Lake County,Florida. to ensure receipt of all addenda and any accompanying Modification: A written change to a contract. documentation. Failure to acknowledge each addendum may Proposal: Shall refer to any offer(s)submitted in response to a prevent the proposal from being considered for award. Request for Proposal. D. Contents of Solicitation and Proposers'Responsibilities Proposer: Shall refer to anyone submitting an offer in response to The proposer shall become thoroughly familiar with the a Request for Proposal. requirements,terms,and conditions of this solicitation. Pleas of Request for Proposal (RFP): Shall mean this solicitation ignorance of these matters by the proposer of conditions that exist documentation, including any and all addenda. An RFP involves or may exist will not be accepted as a basis for varying the evaluation of proposals,and award may be made on a best value requirements of the County,or the compensation to be paid. basis with price,technical,and other factors considered. E. Restricted Discussions Solicitation: The written document requesting either bids or From the date of issuance of this solicitation until final County proposals from the marketplace. action, vendors should not discuss the solicitation or any part Vendor: a general reference to any entity responding to this thereof with any employee, agent, or any other representative of solicitation or performing under any resulting contract. the County except as expressly authorized by the designated The County has established for purposes of this Request for procurement representative. The only communications that shall Proposal (RFP)that the words"shall","must",or"will"indicate be considered pertinent to this solicitation are appropriately signed an essential requirement or condition which may not be waived. written documents from the vendor to the designated procurement 3.2 INSTRUCTIONS TO PROPOSERS representative and any relevant written document promulgated by A. Proposer Qualification the designated procurement representative. It is the policy of the County to encourage full and open F. Change or Withdrawal of Proposals competition among all available qualified vendors. All vendors 1.Changes to Proposal-Prior to the scheduled due date,a proposer regularly engaged in the type of work specified in the solicitation may change its proposal by submitting a new proposal specified in are encouraged to submit proposals. Vendors may enroll with the the solicitation with a letter on the firm's letterhead,signed by an County to be included on a mailing list for selected categories of authorized agent stating that the new submittal replaces the goods and services. To be recommended for award the County original submittal. The new submittal shall contain the letter and requires that vendors provide evidence of compliance with the all information as required for submitting the original proposal. requirements below upon request: 2.Withdrawal of Proposal—A proposal shall be irrevocable unless 1. Disclosure of Employment the proposal is withdrawn as provided herein. A proposal may be 2. Disclosure of Ownership. withdrawn,either physically or by written notice,at any time prior 3. Drug-Free Workplace. to the proposal due date. If withdrawn by written notice, that 4. W-9 and 8109 Forms—The vendor must furnish these forms notice must be addressed to, and received by, the designated as required by the Internal Revenue Service. procurement representative prior to the designated receipt date and 5. Social Security Number—The vendor must provide a copy of time. A proposal may also be withdrawn after expiration of the the primary owner's social security card if the social security designated acceptance period,and prior to award,by submitting a number is being used in lieu of the Federal Identification letter to the designated procurement representative.The letter must Number(F.E.I.N.) be on company letterhead and signed by an authorized agent of the 6. Americans with Disabilities Act(A.D.A.) proposer. 7. Conflict of Interest G. Conflicts within the Solicitation 8. Debarment Disclosure Affidavit. Where there appears to be a conflict between the General Terms 9. Nondiscrimination and Conditions, Special Conditions,the Technical Specifications, 10. Family Leave the Pricing Section, or any addendum issued, the order of 11. Antitrust Laws—By acceptance of any contract,the vendor precedence shall be: the last addendum issued,the Proposal Price agrees to comply with all applicable antitrust laws. Section,the Technical Specifications,the Special Conditions,and B. Public Entity Crimes then the General Terms and Conditions. It is incumbent upon the Pursuant to Section 287.133(2)(a)of the Florida Statutes,a person vendor to identify such conflicts to the designated procurement or affiliate who has been placed on the convicted vendor list representative prior to the proposal due date. following a conviction for a public entity crime may not submit a H. Prompt Payment Terms bid on a contract to provide any goods or services to a public It is the policy of the County that payment for all purchases by entity,may not submit a bid on a contract with a public entity for County agencies shall be made in a timely manner and that interest the construction or repair of a public building or public work,may ty g y not submit bids on leases of real property to a public entity,may payments will be made on late payments in accordance with Part not be awarded or perform work as a contractor, supplier, VII, Chapter 218,Florida Statutes,known as the Florida Prompt subcontractor, or consultant under a contract with any public Payment Act. The proposer may offer cash discounts for prompt entity, and may not transact business with any public entity in payments; however, such discounts will not be considered in excess of the threshold amount provided in Section 287.017 of the determining the lowest price during proposal evaluation. Florida Statutes,for CATEGORY TWO for a period of 36 months 3.3 PREPARATION OF PROPOSALS from the date of being placed on the convicted vendor list. A. The Pricing Section of this solicitation defines requirements C. Request for Additional Information of items to be purchased, and must be completed and Any communication or inquiries,except for clarification of process submitted with the proposal. Use of any other form or or procedure already contained in the solicitation,are to be made in alteration of the form may result in rejection of the proposal writing to the attention of the procurement representative identified in the solicitation no later than five(5)working days prior to the B. The proposal submitted must be legible. Bidders shall use proposal due date. Such inquiries or request for information shall typewriter,computer or ink. All changes must be crossed out be submitted to the procurement representative in writing and shall and initialed in ink. Failure to comply with these contain the requester's name,address,and telephone number. The requirements may cause the bid to be rejected. Procurement Services office may issue an addendum in response to C. An authorized agent of the proposers firm must sign the any inquiry received, which changes or clarifies the terms, proposal. FAILURE TO SIGN THE PROPOSAL MAY 16 SECTION 3 -GENERAL TERMS AND CONDITIONS RFP Number: 16-0625 BE CAUSE TO REJECT THE PROPOSAL. exempt or confidential under the Public Records Act. D. The proposer may submit alternate proposal(s)for the same 3.10 CANCELLATION OF SOLICITATION solicitation provided that such offer is allowable under the The County reserves the right to cancel, in whole or in part,any terms and conditions. The alternate proposal must meet or solicitation when doing so reflects the best interest of the County. exceed the minimum requirements and be submitted as a 3.11 AWARD separate proposal marked"Alternate Proposal". A. The contract resulting from this solicitation may be awarded E. When there is a discrepancy between the unit prices and any to the responsible proposer which submits a proposal extended prices,the unit prices will prevail. determined to provide the best value to the County with F. Any proposal received after the designated receipt date through price,technical,and other applicable factors considered. The no fault or error of the County will be considered late, and, County reserves the right to reject any and all proposals,to except under the most exceptional circumstances,may not be waive irregularities or technicalities and to re-advertise for all considered for award or any part of this solicitation as deemed in its best interest. 3.4 COLLUSION The County shall be the sole judge of its best interest. Where two (2) or more related parties, as defined herein, each B. When there are multiple line items in a solicitation, the submit a proposal for the same contract, such proposals shall be County reserves the right to award on an individual item presumed to be collusive. Related parties shall mean proposer or basis, any combination of items, total low bid or in the principals thereof which have a direct or indirect ownership whichever manner deemed in the best interest of the County. interest in another proposer for the same contract or in which a This provision specifically supersedes any method of award parent company or the principals thereof of one proposer have a criteria stated in the solicitation when such action is clearly direct or indirect ownership interest in another proposer for the necessary to protect the best interests of the County. same contract. Furthermore,any prior understanding,agreement, C. The County reserves the right to reject any and all proposals or connection between two (2) or more corporations, firms, or if it is determined that prices are excessive or determined to persons submitting a proposal for the same materials, supplies, be unreasonable, or it is otherwise determined to be in the services, or equipment shall also be presumed to be collusive. County's best interest to do so. Proposals found to be collusive shall be rejected. Proposers which D. Award of this solicitation will only be made to firms that have been found to have engaged in collusion may be considered satisfy all necessary legal requirements to do business with non-responsible,and may be suspended or debarred. Any contract the County. The County may conduct a pre-award inspection resulting from collusive bidding may be terminated for default. of the proposer's site or hold a pre-award qualification 3.5 PROHIBITION AGAINST CONTINGENT FEES hearing to determine if the proposer is capable of performing The vendor warrants that they have not employed or retained any the requirements of this solicitation. company or person, other than a bona fide employee working E. The proposer's performance as a prime contractor or solely for the vendor to solicit or secure the contract and that they subcontractor on previous County contracts shall be taken have not paid or agreed to pay any person,company,corporation, into account in evaluating the responsibility of a proposer individual,or firm,other than a bona fide employee working solely that submitted a proposal under this solicitation. for the vendor,any consideration contingent upon or resulting from F. Any tie situations will be resolved in consonance with current the award or making of the contract. written procedure in that regard. 3.6 CONTRACTING WITH COUNTY EMPLOYEES G. Award of the contract resulting from this solicitation may be Any County employee or member of his or her immediate family predicated on compliance with and submittal of all required seeking to contract with the County shall seek a conflict of interest documents as stipulated in the solicitation. opinion from the County Attorney prior to submittal of a response H. A vendor wishing to protest any award decision resulting from to contract with the County. The affected employee shall disclose this solicitation shall do so as set forth in the County's the employee's assigned function within the County and interest or Purchasing Procedure Manual. the interest of his or her immediate family in the proposed contract 3.12 GENERAL CONTRACT CONDITIONS and the nature of the intended contract. The contract shall be binding upon and shall inure to the benefit of 3.7 INCURRED EXPENSES each of the parties and of their respective successors and permitted This RFP does not commit the County to make an award nor shall assigns. The contract may not be amended,released,discharged, the County be responsible for any cost or expense which may be rescinded or abandoned, except by a written instrument duly incurred by any proposer in preparing and submitting a proposal, executed by each of the parties hereto. The failure of any party or any cost or expense incurred by any proposer prior to the hereto at any time to enforce any of the provisions of the contract execution of a purchase order or contract. will in no way constitute or be construed as a waiver of such 3.8 COUNTY IS TAX-EXEMPT provision or of any other provision hereof,nor in any way affect When purchasing on a direct basis,the County is generally exempt the validity of, or the right thereafter to enforce,each and every from Federal Excise Taxes and all State of Florida sales and use provision of the contract. Any dispute arising during the course of taxes. The County will provide an exemption certificate upon contract performance that is not readily rectified by coordination request by the seller for such purchases. Except for item(s) between the vendor and the County user department shall be specifically identified by the vendor and accepted by the County referred to Procurement Services office for resolution. for direct County purchase under the Sales Tax Recovery Program, 3.13 OTHER AGENCIES Contractors doing business with the County are not exempt from With the consent of the vendor, other agencies may make paying sales tax to their suppliers for materials to fulfill contractual purchases in accordance with the contract. Such purchases shall be obligations with the County,nor shall any contractor be authorized governed by the same terms and conditions as stated herein with, to use any of the County's Tax Exemptions in securing such the exception of the change in agency name. materials. 3.14 CONTRACT EXTENSION 3.9 PROPRIETARY/CONFIDENTIAL INFORMATION The County has the unilateral option to extend a contract for up to Proposers are hereby notified that all information submitted as part ninety(90)calendar days beyond the current contract period. In of a proposal will be available for public inspection in compliance such event,the County will notify the vendor(s)in writing of such with Chapter 119 of the Florida Statutes(the"Public Record Act"). extensions. The contract may be extended beyond the initial The proposer should not submit any information in response to this ninety (90) day extension upon mutual agreement between the RFP which the proposer considers proprietary or confidential. The County and the vendor(s). Exercise of the above options requires submission of any information to the County in connection with the prior approval of the Procurement Services Manager. this solicitation shall be deemed conclusively to be a waiver from 3.15 WARRANTY release of the submitted information unless such information is All warranties express and implied,shall be made available to the 17 SECTION 3-GENERAL TERMS AND CONDITIONS RFP Number: 16-0625 County for goods and services covered by this solicitation. All the performance of the agreement by the vendor or its employees, goods furnished shall be fully guaranteed by the vendor against agents,servants,partners,principals or subcontractors. The vendor factory defects and workmanship. At no expense to the County, shall pay all claims and losses in connection therewith,and shall the vendor shall correct any and all apparent and latent defects that investigate and defend all claims, suits or actions of any kind or may occur within the manufacturer's standard warranty period. nature in the name of the County, where applicable, including The special conditions of the solicitation may supersede the appellate proceedings, and shall pay all costs, judgments, and manufacturer's standard warranty. attomey's fees which may be incurred thereon. The vendor 3.16 ESTIMATED QUANTITIES expressly understands and agrees that any insurance protection Estimated quantities or dollars are for vendor's guidance only. No required by this Agreement or otherwise provided by the vendor guarantee is expressed or implied as to quantities or dollar value shall in no way limit the responsibility to indemnify,keep and save that will be used during the contract period. The County is not harmless and defend the County or its officers,employees,agents obligated to place any order for a given amount subsequent to the and instrumentalities as herein provided. award of this solicitation.The County may use estimated quantities 3.24 MODIFICATION OF CONTRACT in the award evaluation process. Estimated quantities do not Any contract resulting from this solicitation may be modified by contemplate or include possible additional quantities that may be mutual consent of duly authorized parties, in writing through the ordered by other entities that may utilize this contract. In no event issuance of a modification to the contract and/or purchase order as shall the County be liable for payments in excess of the amount appropriate. This presumes the modification itself is in compliance due for quantities of goods or services actually ordered. with all applicable County procedures. 3.17 NON-EXCLUSIVITY 3.25 TERMINATION FOR CONVENIENCE It is the intent of the County to enter into an agreement that will The County, at its sole discretion,reserves the right to terminate satisfy its needs as described within this solicitation. However,the this contract upon thirty(30)days written notice. Upon receipt of County reserves the right to perform,or cause to be performed,all such notice,the vendor shall not incur any additional costs under or any of the work and services herein described in the manner this contract. The County shall be liable only for reasonable costs deemed to represent its best interests. In no case will the County incurred by the vendor prior to notice of termination. The County be liable for billings in excess of the quantity of goods or services shall be the sole judge of"reasonable costs." actually provided under this contract. 3.26 TERMINATION DUE TO UNAVAILABILITY OF 3.18 CONTINUATION OF WORK CONTINUING FUNDING Any work that commences prior to, and will extend, beyond the When funds are not appropriated or otherwise made available to expiration date of the current contract period shall, unless support continuation of performance in a current or subsequent terminated by mutual written agreement between the County and fiscal year,the contract shall be cancelled and the vendor shall be the vendor, continue until completion without change to the then reimbursed for the reasonable value of any non-recurring costs current prices,terms and conditions. incurred amortized in the price of the supplies or services/tasks 3.19 LAWS,RULES,REGULATIONS AND LICENSES delivered under the contract. The vendor shall comply with all federal,state,and local laws and 3.27 TERMINATION FOR DEFAULT regulations applicable to provision of the goods and/or services The County reserves the right to terminate this contract,in part or specified in this solicitation. During the term of the contract the in whole, or affect other appropriate remedy in the event the vendor assures that it is in compliance with Title VII of the 1964 vendor fails to perform in accordance with the terms and Civil Rights Act,as amended,and the Florida Civil Rights Act of conditions stated herein. The County further reserves the right to 1992, in that the vendor does not on the grounds of race, color, suspend or debar the vendor in accordance with the County national origin, religion, sex, age, disability or marital status, ordinances,resolutions and/or administrative orders. The vendor discrimination in any form or manner against the end/or employees will be notified by letter of the County's intent to terminate. In the or applicants for employment. The vendor understands that any event of termination for default, the County may procure the contract is conditioned upon the veracity of this statement. required goods and/or services from any source and use any 3.20 SUBCONTRACTING method deemed in its best interest. All re-procurement cost shall Unless otherwise stipulated herein, the vendor shall not be born by the vendor. subcontract any portion of the work without the prior written 3.28 FRAUD AND MISREPRESENTATION consent of the County. Subcontracting without the prior consent of Any individual,corporation or other entity that attempts to meet its the County may result in termination of the contract for default. contractual obligations through fraud, misrepresentation or other 3.21 ASSIGNMENT material misstatement, may be debarred for up to five(5)years. The vendor shall not assign or transfer any contract resulting from The County as a further sanction may terminate or cancel any other this solicitation,including any rights,title or interest therein,or its contracts with such individual, corporation or entity with such power to execute such contract to any person, company or vendor held responsible for all direct or indirect costs associated corporation without the prior written consent of the County. This with termination or cancellation,including attorney's fees. provision specifically includes any acquisition or hostile takeover 3.29 RIGHT TO AUDIT of the awarded vendor. Failure to comply in this regards may The County reserves the right to require the vendor to submit to an result in termination of the contract for default. audit by any auditor of the County's choosing. The Contractor • 3.22 RESPONSIBILITY AS EMPLOYER shall provide access to all of its records,which relate directly or The employee(s)of the vendor shall be considered at all times its indirectly to this Agreement at its place of business during regular employee(s), and not an employee(s) or agent(s) of the County, business hours. The vendor shall retain all records pertaining to The contractor shall provide employee(s) capable of performing this Agreement and upon request make them available to the the work as required. The County may require the contractor to County for a minimum of three(3)years,or as required by Florida remove any employee it deems unacceptable. All employees of law,whichever is longer,following expiration of the Agreement. the contractor may be required to wear appropriate identification. The vendor agrees to provide such assistance as may be necessary 3.23 INDEMNIFICATION to facilitate the review or audit by the County to ensure compliance To the extent permitted by law, the vendor shall indemnify and with applicable accounting and financial standards. Additionally, hold harmless the County and its officers,employees,agents and CONTRACTOR agrees to include the requirements of this instrumentalities from any and all liability, losses or damages, provision in all contracts with subcontractors and material including attorney's fees and costs of defense,which the County or suppliers in connection with the work performed hereunder. If an its officers,employees,agents or instrumentalities may incur as a audit inspection or examination pursuant to this section discloses result of claims,demands,suits,causes of actions or proceedings overpricing or overcharges of any nature by the CONTRACTOR of any kind or nature arising out of,relating to or resulting from to the COUNTY in excess of one percent(1%)of the total contract 18 SECTION 3-GENERAL TERMS AND CONDITIONS RFP Number: 16-0625 billings,in addition to making adjustments for the overcharges,the under the contract. The vendor shall be considered the sole point reasonable actual cost of the COUNTY's audit shall be reimbursed of contact with regard to meeting all requirements of the contract. to the COUNTY by the CONTRACTOR. Any adjustments and/or All subcontractors will be subject to advance review by the County payments which must be made as a result of any such audit or in regards to competency and security concerns. After the award inspection of the CONTRACTOR's invoices and/or records shall of the contract no change in subcontractors will be made without be made within a reasonable amount of time,but in no event shall the consent of the County. The vendor shall be responsible for all the time exceed ninety (90) days, from presentation of the insurance, permits, licenses, and related matters for any and all COUNTY's audit findings to the CONTRACTOR. subcontractors. Even if the subcontractor is self-insured, the 3.30 PUBLIC RECORDS/COPYRIGHTS County may require the contractor to provide any insurance Pursuant to Section 119.0701, Florida Statutes, the awarded certificates required by the work to be performed. contractor shall comply with the Florida Public Records'laws,and 3.34 FORCE MAJEURE shall: 1.Keep and maintain public records required by the County The parties will exercise every reasonable effort to meet their to perform the services identified herein.2.Upon request from the respective obligations hereunder,but shall not be liable for delays County's custodian of public records,provide the County with a resulting from force majeure or other causes beyond their copy of the requested records or allow the records to be inspected reasonable control,including,but not limited to,compliance with or copied within a reasonable time at a cost that does not exceed revisions to Government law or regulation,acts of nature,acts or the cost provided for by law.3.Ensure that public records that are omissions of the other party,fires,strikes,national disasters,wars, exempt or confidential and exempt from public records disclosure riots,transportation problems and/or any other cause whatsoever requirements are not disclosed except as authorized by law for the beyond the reasonable control of the parties. Any such cause may duration of the contract term and following completion of the be cause for appropriate extension of the performance period. contract if the contractor does not transfer the records to the public 3.35 NO CLAIM FOR DAMAGES agency.4.Upon completion of the contract,transfer,at no cost,to No claim for damages or any claim other than for an extension of the County all public records in possession of the contractor or time shall be made or asserted against the County because of any keep and maintain public records required by the County to delays. No interruption, interference, inefficiency,suspension,or perform the service. If the contractor transfers all public records to delay in the commencement or progress of the Work shall relieve the County upon completion of the contract, the contractor shall the vendor of duty to perform,or give rise to any right to damages destroy any duplicate public records that are exempt or or additional compensation from the County. The vendor's sole confidential and exempt from public records disclosure remedy shall be the right to seek an extension to the contract time. requirements. If the contractor keeps and maintains public records However,this provision shall not preclude recovery of damages by upon completion of the contract, the contractor shall meet all the vendor for hindrances or delays due solely to fraud,bad faith, applicable requirements for retaining public records. All records or active interference on the part of the County. stored electronically must be provided to the County,upon request 3.36 TRUTH IN NEGOTIATION CERTIFICATE from the County's custodian of public records in a format that is For each contract that exceeds One Hundred Ninety Five Thousand compatible with the information technology systems of the dollars ($195,000.00), any organization awarded a contract must County. Failure to comply with this section shall be deemed a execute a truth-in-negotiation certificate stating that the wage rates breach of the contact and enforceable as set forth in Section and other factual unit costs are accurate,complete,and current,at 119.0701,Florida Statutes. the time of contracting.Any contract requiring this certificate shall Any copyright derived from this Agreement shall belong to the contain a provision that the original contract price and any author.The author and the CONSULTANT shall expressly assign additions shall be adjusted to exclude any significant sums by to the COUNTY nonexclusive,royalty free rights to use any and which the County determines the contract price was increased due all information provided by the CONSULTANT in any deliverable to inaccurate, incomplete, or non-current wage rates and other and/or report for the COUNTY's use which may include factual unit costs. All such contract adjustments shall be made publishing in COUNTY documents and distribution as the within one(1)year following the end of the contract. COUNTY deems to be in the COUNTY's best interests. If 3.37 GRANT FUNDING anything included in any deliverable limits the rights of the In the event any part of the contract is to be funded by federal, COUNTY to use the information, the deliverable shall be state, or other local agency monies, the vendor hereby agrees to considered defective and not acceptable and the CONSULTANT comply with all requirements of the funding entity applicable to will not be eligible for any compensation. the use of the monies, including full application of requirements 3.31 GOVERNING LAWS involving the use of minority firms,women's business enterprises, The interpretation,effect,and validity of any contract(s)resulting and labor surplus area firms. Vendors are advised that payments from this solicitation shall be governed by the laws and regulations under the contract may be withheld pending completion and of the State of Florida,and Lake County, Florida. Venue of any submission of all required forms and documents required of the court action shall be in Lake County,Florida. In the event that a vendor pursuant to the grant funding requirements. suit is brought for the enforcement of any term of the contract,or 3.38 TOBACCO PRODUCTS any right arising there from, the parties expressly waive their Due to the acknowledged hazards arising from exposure to tobacco respective rights to have such action tried by jury trial and hereby products,and to protect the public and employees' health,safety, consent to the use of non jury trial for the adjudication of such suit. comfort and environment,tobacco use is prohibited on any County 3.32 STATE REGISTRATION REQUIREMENTS owned building and property. Tobacco products include both Any corporation submitting a bid in response to this RFP shall smoking and smokeless tobacco. either be registered or have applied for registration with the Florida Department of State in accordance with the provisions of Chapter 607,Florida Statutes. A copy of the registration/application may be required prior to award of a contract. Any partnership submitting a bid in response to this RFP shall have complied with the applicable provisions of Chapter 620, Florida Statutes. For additional information on these requirements, please contact the Florida Secretary of State's Office, Division of Corporations, 800.755.5111(http://www.dos.state.fl.us). 3.33 PRIME CONTRACTOR The vendor awarded the contract shall act as the prime contractor and shall assume full responsibility for the successful performance 19 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES RFP Number: 16-0625 RFP TITLE: Auction Services NOTES: • When purchasing on a direct basis, Lake County is exempt from all taxes (Federal, State, Local). A Tax Exemption Certificate will be furnished upon request for such purchases. However,the vendor will be responsible for payment of taxes on all materials purchased by the vendor for incorporation into the project(see provision 3.8 for further detail). • The vendor shall not alter or amend any of the information (including, but not limited to stated units of measure, item description, or quantity) stated in the Pricing Section. If any quantities are stated in the pricing section as being "estimated" quantities, vendors are advised to review the "Estimated Quantities"clause contained in Section 3 of this solicitation. • Any bid containing a modifying or "escalator" clause not specifically allowed for under the solicitation will not be considered. • Unit prices shall govern for all services priced on that basis as requested under this solicitation. • All pricing shall be FOB Destination unless otherwise specified in this solicitation document. • All pricing submitted shall remain valid for a 90 day period. By signing and submitting a response to this solicitation,the vendor has specifically agreed to this condition. • Vendors are advised to visit our website at http://www.lakecountvfl.gov and register as a potential vendor. Vendors that have registered on-line receive an e-mail notice when the County issues a solicitation matching the commodity codes selected by a vendor during the registration process. • If the contractor has questions regarding the applicability of Chapter 119, Florida Statutes, to the contractor's duty to provide public records relating to this contract, contact the custodian of public records via the individual designated in provision 1.2 of this solicitation. ACKNOWLEDGEMENT OF ADDENDA INSTRUCTIONS: Complete Part I or Part II,whichever applies The bidder must list below the dates of issue for each addendum received in connection with this RFP: Addendum#1, Dated: Addendum#2,Dated: Addendum#3, Dated: Addendum#4, Dated: gg4t, i a Tci 1 ❑ No Addendum was received in connection with this RFP. 20 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES RFP Number: 16-0625 PRICING SECTION NOTES: • "Titled Items and Equipment" includes anything that requires a title by the State of Florida. "Miscellaneous Items" includes anything else. • The "adjusted gross revenue" for an auction shall mean the actual payments collected for items sold during the auction, less the applicable sales tax collected for such sales. OPTION lA—Live Auction By Auctioneer With Items Transported to Auctioneer's Facility by Auctioneer: Titled Items and Equipment: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: 3. Pickup and delivery shall be performed for a unit price of$ each for items less than 3/4 ton. 4. Pickup and delivery shall be performed for a unit price of$ each for items 3/4 ton to one(1)ton. 5. Pickup and delivery shall be performed for a unit price of$ each for items over one (1)ton. Miscellaneous Items: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: 3. Pickup and delivery shall be performed at an hourly rate of$ for a truck and two (2) workers, including the driver, to load, deliver, and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 4. Pickup and delivery shall be performed at an hourly rate of$ for a truck and three (3)workers, including the driver,to load, deliver, and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 21 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES RFP Number: 16-0625 OPTION 1B—Online Auction By Auctioneer With Items Transported And Stored At Auctioneer's Facility by Auctioneer: Titled Items and Equipment: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: 3. Pickup and delivery shall be performed for a unit price of$ each for items less than 3/4 ton. 4. Pickup and delivery shall be performed for a unit price of$ each for items 3/4 ton to one (1)ton. 5. Pickup and delivery shall be performed for a unit price of$ each for items over one (1)ton. Miscellaneous Items: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: 3. Pickup and delivery shall be performed at an hourly rate of$ for a truck and two (2) workers, including the driver, to load, deliver, and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 4. Pickup and delivery shall be performed at an hourly rate of$ for a truck and three (3)workers, including the driver,to load, deliver, and unload items. The hourly rate becomes effective on arrival at the designated County location and concludes upon the completion of the unloading at the auctioneer's facility. 22 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES RFP Number: 16-0625 OPTION 2 — Online Auction By Entity Using Auctioneer's Website with Items Remaining at Entity's Site: Titled Items and Equipment: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: Miscellaneous Items: 1. Auctioneering commission for online auctions performed by the Auctioneer shall be performed for percent of the adjusted gross revenue of each auction. 2. Buyer premium to be paid by the successful buyer, if any: ************************************************************************************* Other Pricing Options: Indicate other pricing options offered (i.e. if all or some of the commission could be transferred to the buyer, etc.) (Number each alternate pricing option and attach a separate sheet if necessary immediately following this page in your response): 23 SECTION 4—PRICING/CERTIFICATIONS/SIGNATURES RFP Number: 16-0625 By Signing this Proposal the Proposer Attests and Certifies that: • It satisfies all legal requirements(as an entity)to do business with the County. • The undersigned vendor acknowledges that award of a contract may be contingent upon a determination by the County that the vendor has the capacity and capability to successfully perform the contract. • The proposer hereby certifies that it understands all requirements of this solicitation, and that the undersigned individual is duly authorized to execute this proposal document and any contract(s) and/or other transactions required by award of this solicitation. Purchasing Agreements with Other Government Agencies This section is optional and will not affect contract award. If Lake County awarded you the proposed contract, would you sell under the same terms and conditions,for the same price,to other governmental agencies in the State of Florida? Each governmental agency desiring to accept to utilize this contract shall be responsible for its own purchases and shall be liable only for materials or services ordered and received by it. ❑Yes ❑ No(Check one) Certification Regarding Felony Conviction Has any officer, director, or an executive performing equivalent duties, of the bidding entity been convicted of a felony during the past ten(10)years? ❑Yes ❑ No(Check one) Certification Regarding Acceptance of County VISA-based Payment System Vendor will accept payment through the County VISA-based payment system: ❑Yes ❑ No Reciprocal Vendor Preference: Vendors are advised the County has established, under Lake County Code, Chapter 2, Article VII, Sections 2-221 and 2-222; a process under which a local vendor preference program applied by another county may be applied in a reciprocal manner within Lake County.The following information is needed to support application of the Code: 1.Primary business location of the responding vendor(city/state): 2. Does the responding vendor maintain a significant physical location in Lake County at which employees are located and business is regularly transacted: ❑ Yes ❑ No If"yes" is checked, provide supporting detail: Conflict of Interest Disclosure Certification Except as listed below,no employee, officer, or agent of the firm has any conflicts of interest, real or apparent,due to ownership, other clients, contracts, or interests associated with this project; and, this bid is made without prior understanding, agreement, or connection with any corporation, firm, or person submitting a proposal for the same services,and is in all respects fair and without collusion or fraud. DUNS Number(Insert if this action involves a federal funded project): General Vendor Information and Proposal Signature: Firm Name: Street Address: Mailing Address(if different): Telephone No.: Fax No.: E-mail: FEIN No. - Prompt Payment Terms: % days, net Signature: Date: Print Name: Title: Award of Contract by the County: (Official Use Only) By signature below,the County confirms award to the above-identified vendor under the above identified solicitation. A separate purchase order will be generated by the County to support the contract. Vendor awarded as: ❑ Sole vendor ❑ Pre-qualified pool vendor based on price ❑ Pre-qualified pool vendor(spot bid) ❑ Primary vendor for items: ❑ Secondary vendor for items: ❑ Other status: Signature of authorized County official: Date: Printed name: Title: 24 SECTION 5—ATTACHMENTS RFP Number: 16-0625 THE FOLLOWING DOCUMENTS ARE ATTACHED Attachment 1: Work References Attachment 2: Vendor Profile Form Attachment 3: Sample Equipment List 25 SECTION 5-ATTACHMENTS RFP Number: 16-0625 ATTACHMENT 1 -WORK REFERENCES Agency Address City,State,ZIP Contact Person Telephone Date(s)of Service Type of Service Comments: Agency Address City,State,ZIP Contact Person Telephone Date(s)of Service Type of Service Comments: Agency Address City,State,ZIP Contact Person Telephone Date(s)of Service Type of Service Comments: 26 SECTION 5—ATTACHMENTS RFP Number: 16-0625 ATTACHMENT 2 -VENDOR PROFILE FORM 1. Firm Name &Address: 1 d. Licensed to do business in the State of Florida? Yes No le. Name, Title & Telephone Number of Principal to Contact if. Address of auction facility, if different from Item 1 la. FEIN# 1b. Year Firm was established 1c. Are you a"Not for Profit" 501(c)(3) organization? Yes No If you answered yes, please provide proof. 2. Please list the key personnel that your firm will commit to the County auctions and provide each person's number of years' experience conducting and assisting with auctions. Attach brief resumes for each listed person. 3. The foregoing is a statement of facts. Signature: Date: (Typed or Printed Name) (Title) 27 SECTION 5—ATTACHMENTS RFP Number: 16-0625 ATTACHMENT 3—EQUIPMENT LIST (Please insert recent sale prices received for similar items) DESCRIPTION OF EQUIPMENT AGE RECENT SALE PRICE HP 4700 DN Printer 10 years $ Epson EMP-73 Projector 13 years $ Gateway 280E Tablet 10 years $ Ice-o-matic Ice Machine 10 years $ Automatic Defibrillator 9 years $ 1997 Chevrolet Economy Cargo Van 19 years $ 1999 Jeep Cherokee Utility Vehicle 17 years $ 2000 Chevrolet C2500 16 years $ 2004 Ford F-450 Lift Truck 12 years $ 2000 New Holland LoaderBackhoe 16 years $ 2001 New Holland Boom Mower 15 years $ Landpride 10' Rotary Cut Mower 7 years $ 1994 International Cab & Chassis w/5th 22 years $ Wheel 28 SECTION 5-ATTACHMENTS RFP Number: 16-0625 29 ocoee florida Mayor TO: Robert Frank, City Manager Rusty Johnson g Commissioners FROM: Chief Ch Brown John Grogan District 1 DATE: August 15,2016 Rosemary Wilsen District 2 RE: Surplus Property Richard Firstner District 3 Joel F.Keller This memorandum is to inform you that the Ocoee Police Department is transferring District 4 to the City of Ocoee all of the Personal Property, found,abandoned and unclaimed Evidence listed on Schedule#1 attached hereto and made a part hereof(The City Manager Property). Our department is hereby in compliance with F.S.S. 705 by virtue of Robert D.Frank attempted to locate and notify the known owners of said property. Police Chief Charles J.Brown For the remainder of the property,the department has determined that all the said property is valued at$100 or less and notice has been given by posting a description of the property at our Agency where the property is being held. The notice was posted for a period of not less than two consecutive weeks beginning August 4,2015 Ocoee Po ''.'4 _� • .t By: --- �►t Name: ailariPiti Title: Clue • 'olice ACCEPTED: City of Ocoee,Florida By. Name: Title: Date b 1 i ( i 1 i City of Ocoee Police Department•646 Ocoee Commerce Parkway•Ocoee, Florida 34761 Phone: (407) 905-3160• Fax: (407) 905-3164•www.ocoee.org : I i Miscellaneous .,._ __ Le ! aIs w_ IN RE:UNCLAIMED EVIDENCE OF MISCELLANEOUS ITEMS OF PROPERTY To any persons who claim an interest alia) (ID in miscellaneous unclaimed Evidence/ S Found Property. Said property was 0 C) seized and is in the custody of the Ocoee •py N Police Department. Any owner of the 44- property when seized has the right N claim prior to March 2, 2016 at which j time ownership of any unclaimed items a) p will be transferred to the City of Ocoee. Notify Kim Kazmarek at (407) 905-3160 x 3052, Ocoee Police Department, 646 2 Ocoee Commerce Parkway, Ocoee, FL O • 34761. { o To Wit: Miscellaneous White and ! G Yellow Metal Necklaces, Bracelets, „+ O Earrings, and Watches Costume -.4.7.,Jewelry, Small and Large fools, Lawn cII Equipment Electronics, Computer, 1 � U_ e-readers, 'tablets, Purses/Bags, Bikes — and skate boards. O = 053973283 2'17,224!16 d Public Notice IN RE: UNCLAIMED PROPERTY, MISCELLANEOUS BICYCLES To any persons who claim an interest in miscellaneous unclaimed property to wit: Miscellaneous Boys and Girls Bicycles (Various sizes), wallets, jewelry, backpacks, shoes, clothing, purses, bags, documents, keys, hats, credit cards, debit cards, gas powered tools, electric powered tools, hand tools, money, cd's and dud's, along with other various personal items. Said property was seized and is in the custody of the Ocoee Police Department. Any owner of the property when seized has the right to claim it prior to AUGUST 31 , 2016 at which time ownership of any unclaimed items will be transferred to the City of Ocoee for auction. Notify Kim Kazmarek at (407) 905-3160 x 3052 Ocoee Police Department 646 Ocoee Commerce Parkway Ocoee, FL 34761.